Memo - Yard Waste & Brush Processing Agreement with Specialized Environmental Technologies, Inc. Co. (SET) MemoPublic Works Department
Memorandum
To: Honorable Mayor and Members of the City Council
Copy: Rick Getschow, City Manager
From
Date
Subject
Steven J. Stadler, Public Works Director
March 4, 2010
Yard Waste & Brush Processing Agreement with Specialized
Environmental Technologies, Inc. Co. (SET)
Specialized Environmental Technologies, Inc. has presented an unsolicited proposal to
the City requesting the use of our YW /brush drop -off area at 3100 Hopkins Crossroads.
The site would be used as a yard waste and brush processing and transfer facility for
SET customers in the west metro area. A description of the proposed operations,
expected truck traffic, and SET staffing is attached. In exchange for the use of our site
SET will accept and process all City brush, logs and yard waste and, because they will
have an attendant on duty, allow for extended Hopkins resident drop -off hours. The
City has historically spent $25,000 - $35,000 /year for brush & log grinding and yard
waste processing (see attached 2009 expenses). The City Attorney has drafted the
attached proposed contract between the City and SET.
SET is a longstanding company experienced in the solid waste industry. They have
operated a similar YW /brush drop -off site for Anoka County since 1998. Despite
encroaching residential developments that are now literally directly adjacent to their
site, Anoka County has been pleased with SET's operations.
If the City were to proceed with this contract, the modified use of the site would have to
be approved as an interim use per Zoning Code section 525.14. The site is currently
zoned as R -1 -D, single family, low density. For the past few decades, this site has
been used to collect, process and transfer yard waste and brush. However, it has been
a municipal operation only. The use of the site would change to include commercial
business. The Zoning Code requires a public hearing which would be held at the March
30 Z &P Meeting. A legal notice would be posted and properties within 350' of the
proposed interim use would receive a mailed notice.
Besides City staff, the SET owner and Operations Director will be available to discuss
and answer questions.
2009 YARD WASTE /BRUSH
PROCESSING COSTS
STREET /ALLEY
(SCREEN MATERIAL COLLECTED BY STREET SWEEPER) $ 6,000.00
DISEASED TREE
RESIDENTIAL BRUSH COLLECTION
RESIDENTIAL YARD WASTE COLLECTION
(HOPKINS DROP OFF SITE)
2009 TOTAL
2010 YARD WASTE ADDITIONAL COST
RESIDENTIAL YARD WASTE COLLECTION
(ALL YARD WASTE PROCESSED AT DROP OFF SITE)
$ 11,150.00
$ 4,000-00
$ 5,200.00
$26,350.00
$ 5,200.00
3/4/2010
Hopkins Yard waste and brush site
1) General Description of Operation
The Hopkins site will accept clean yard waste (grass, leaves and twigs) and
woody biomass (brush, branches etc) from private residents, landscapers, and
authorized commercial collection vehicles. No yard waste contained in plastic
lawn bags will be accepted. All vehicles will be checked in and inspected by a
gate attendant. After documenting the loads, the vehicles will be directed to the
active dumping area by the spotter /loader operator where the materials will be off
loaded. The yard waste will be pushed up into piles for temporary storage and
staged for loading into transfer vehicles for transportation to a permitted
composting facility. No unfinished yard waste material will stay on site for more
than 72 hours.
Brush will be ground on site "as needed" and transferred to a permitted
composting facility or another permitted facility for further processing. To
comply with the Minnesota Department of Agriculture Emerald Ash Borer
quarantine, all materials received during the months of May through August, will
be processed on site by either screening (yard waste to remove brush) or grinding
(brush and woody biomass) before transfer to a final processing facility.
2) Traffic Flow
Typical vehicles using the facility will include: private vehicles (2 -5 cubic yards),
landscaper's trucks (5 -10 cu. yds.), commercial packer trucks (20 cu. yds.), roll -
off and end dump trucks (10 -50 cu. yds.), and transfer trucks (110 cu. yds.).
It is anticipated that the site will be accessed by 20 -25 vehicles per day on average
for the season, with a peak of 40 -45 vehicles per day during the fall leaf season,
usually a period of 4 -5 weeks.
All truck traffic will be required to make only right turns off Hopkins Crossroads
for inbound access, and also right turns only when exiting the site.
3) Staffing and Equipment
The site will be staffed by 2 employees; 1 gate attendant and 1 spotter /operator.
The operating equipment will consist of 1 rubber tired front end loader; 1 trommel
screener used during the months of May through August. A portable grinder
would be moved on site for brush processing, approximately one day per month.
4) Hours of operation
The facility will be open April 1 through November 30; Monday- Friday 7:30am-
4:30pm. The site will be closed on holidays.
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CONTRACT FOR OPERATION AND MAINTENANCE
OF YARD WASTE TRANSFER FACILITY
THIS CONTRACT, is made and entered into effective , 2010,
by and between the City of Hopkins, Minnesota, a municipal corporation under the laws of
Minnesota, (hereinafter referred to as the "City ") and Specialized Environmental Technologies,
Inc., a Minnesota corporation, (hereinafter referred to as the "Contractor ").
RECITALS:
A. The City owns and has operated a yard waste processing and reuse facility on the
Contract Operations Site defined in Article I of this Contract.
B. Contractor and the City have agreed that Contractor shall perform the yard waste
and tree waste transfer and reuse operations described in this Contract on the Contract
Operations Site in accordance with the terms and conditions of this Contract.
NOW, THEREFORE, in consideration of the above Recitals, which are incorporated in
and made a part of this Contract, the mutual covenants and agreements set forth in this Contract,
and other good and valuable consideration, the receipt and adequacy of which are acknowledged
by Contractor, the parties agree as follows:
Definition of Terms
The following words and phrases, when used in this Contract, shall have the meanings
stated below unless the context of this Contract requires otherwise.
A. Contract Operations Site That part of the City Owned Property designated as the
Contract Operations Site on Exhibit 1 attached to and incorporated in this
Contract.
B. City Owned Property That certain tract of land owned by the City consisting of
part of Tract C, Registered Land Survey No. 0291, Hennepin County, Minnesota,
graphically depicted in Exhibit 1, attached to and incorporated in this Contract.
C. Facility or Facilities The equipment and other facilities to be operated on the
Contract Operations Site and operated by the Contractor for the receiving,
transferring and processing of Yard and Tree Waste.
D. Holidays Holidays shall be New Year's Day, Easter, Memorial Day,
Independence Day, Labor Day, Thanksgiving and Christmas Day.
E. Tree Waste Wood waste of any kind from diseased and non - diseased trees and
bushes, including brush, logs and stumps.
HopCivil /YardW asteTransferContract
F. Yard Waste Grass clippings, leaves, garden waste, lawn cuttings, sod strippings,
weeds, pine cones and needles, acorns, shrub waste, prunings and similar
herbaceous materials.
II. Term
This Contract shall commence on , 2010, and terminate on
December 31, 2011, unless earlier terminated as provided herein. Either party may
terminate this Contract, without cause, effective December 31, 2010, by service of
written notice of termination upon the other party on or before October 31, 2010. If such
notice of termination is not given by October 31, 2010, this Contract shall remain in
effect until December 31, 2011, unless earlier terminated as provided below.
III. Contractor's Rights /Obligations
A. Design, Permit, Construct, Operate and Maintain Facility The Contractor
shall permit, equip, operate and maintain Facilities for Yard Waste and Tree
Waste transfer and processing. The equipment to be maintained on site by
Contractor on -site shall consist of one rubber -tired front end loader and one
trammel screener used during the months of May through August. A portable tree
waste grinder will be maintained on -site for brush processing, one day per month.
No additional equipment shall be kept on site without written approval of the
City's Director of Public Works. During all hours of operation, the Contract
Operations Site will be staffed by two employees of Contractor, namely, one gate
attendant and one spotter /operator.
B. Nuisance -free Operations Contractor shall operate the Facilities in a safe and
nuisance free manner and shall control noise, odor and litter from the operation so
that the impact on surrounding properties is minimized. If the City notifies the
Contractor that a nuisance condition exists, including but not limited to noise,
litter or odors associated with Yard Waste piles, the Contractor shall immediately
correct such nuisance condition. Failure to correct such nuisance condition within
twenty -four hours of notice from the City shall constitute a default under this
Contract.
C. Acceptance and Management of Tree Waste and Yard Waste Delivered
General Duty. The Contractor shall accept all Tree Waste, but not logs or
stumps, and de- bagged Yard Waste delivered to the Contract Operations
Site by residents of the City. The Contractor shall also accept all Tree
Waste, including logs and stumps, and de- bagged Yard Waste delivered to
the Contract Operations Site by the City. Yard Waste and Tree Waste
from other parties may also be accepted for delivery at the Contract
Operations Site as provided in paragraph C.,2., below. No other types of
waste or other materials shall be accepted at the Contract Operations Site,
except for street sweeping and miscellaneous excavated soils as provided
in the next paragraph.
HopCivil /YardWasteTransferContract 2
One time per year on a date selected by the City, the Contractor shall
screen street sweepings and miscellaneous excavated soils delivered to the
Contract Operations Site by the City. The Contractor shall not be
responsible for removing or disposing of such street sweepings and
miscellaneous excavated soils delivered by the City.
The Contractor shall operate the Facilities and the Contract Operations
Site in a manner that maintains a neat and orderly appearance. The
Contractor's operations under this Contract shall be conducted only within
the Contract Operations Site delineated in Exhibit 1. The Contractor shall
not be entitled to use any other part of the City Owned Property other than
the access road as provided in Article IV. The City and its employees and
duly authorized agents shall have access to the Contract Operations Site at
all times. In addition, the Contractor shall comply with the following
conditions:
a. Yard Waste. No Yard Waste contained in plastic lawn bags will
be accepted. All Yard Waste and Tree Waste delivered to the
Contract Operations Site will be pushed into piles for temporary
storage and staged for loading into transfer vehicles for
transportation off -site to a permitted composting facility. No Yard
Waste or Tree Waste material will be kept on the Contract
Operations Site for more than 72 hours.
b. Check -in and Processing. Contractor shall have one gate
attendant on -site during all hours of operation, except that the City
shall provide an attendant to monitor the security gate and perform
gate attendant duties during hours of operation on Saturdays. The
gate attendant will check -in and inspect all vehicles entering the
Contract Operations Site. The attendant shall verify proof of
residence for Hopkins residents and direct parties entering the
Contract Operations Site to the drop -off area. The attendant shall
complete a City- approved form to document the number of City
residents dropping off Yard Waste or Tree Waste and the volume
and type of material dropped of. Contractor shall also keep a
spotter /loader operator on -site during hours of operation to assist
with off loading Yard Waste and Tree Waste, placing the same in
piles for temporary storage and loading the materials into transfer
vehicles for transportation to a permitted composting facility.
C. No Size Restrictions. The Contractor shall not impose size
restrictions on the Tree Waste received from City residents.
d. Diseased and Non - Diseased Tree Waste. Contractor shall
maintain Facilities on the Contract Operations Site capable of
handling both diseased and non - diseased Tree Waste, including
brush, logs and stumps.
HopCivil /YardWasteTransferContract 3
e. Christmas Trees. The Contractor shall accept Christmas trees
that are free of tinsel, wire, stands and any other ornamentation.
The Contractor is not obligated to accept Christmas wreaths.
£ Brush. Brush will be ground on site "as needed" and transferred
to a permitted composting facility or another permitted facility for
further processing. To comply with the Minnesota Department of
Agriculture Emerald Ash Borer Quarantine, all materials received
during the months of May through August will be processed on-
site by either screening (Yard Waste to remove brush) or grinding
(brush and woody biomass) before transfer to a final processing
facility.
g. Composting. No composting of Yard Waste, Tree Waste or other
materials shall be performed on the Contract Operations Site.
h. Hazardous Materials. Contractor shall not accept or permit the
disposal of any hazardous waste, hazardous materials, asbestos,
petroleum products or derivatives, medical waste or toxic materials
for delivery, disposal or transfer on the Contract Operations Site.
Availability of Site Attendant. Contractor's site attendant shall
be available to be contacted by representatives of the City's Public
Works Department by telephone or cellular phone during all hours
of operations.
j. Portable Facilities. The Contractor shall maintain a portable toilet
on the Contract Operations Site for use by Contractor's employees.
Contractor may also maintain a portable office and storage trailer
on the Contract Operations Site, but is not required to do so.
2. Acceptance of Yard Waste and Tree Waste from Non - Residents.
Contractor may accept Yard Waste and Tree Waste from persons residing
outside of the City, landscaping contractors, lawn and tree service
contractors and authorized commercial collection vehicles for delivery to
the Contract Operations Site, and may charge fees for such services; the
amounts of such fees to be determined by Contractor. The delivery and
acceptance of all such Yard Waste and Tree Waste as permitted by this
paragraph 2 shall be subject all of the terms and conditions stated in this
Contract.
3. Compliance with Law. The Contractor shall maintain the Contract
Operations Site, operate the Facilities, and manage, process, transfer and
dispose of all Tree Waste and Yard Waste in compliance with all
applicable laws, rules, regulations, permits, licenses and other
governmental authorizations.
Hop CiviVYard Waste Transfer Contract 4
4. Additional Receipts Prohibited. In the event the Contractor exceeds the
maximum storage capacity or time periods required by this Contract or
license conditions, or the Contractor is unable to maintain a neat and
orderly site, or the Contractor fails to minimize noise, litter or odor, the
City may prohibit the Contractor from accepting additional Tree Waste
and /or Yard Waste until the Contractor has come into compliance.
D. Hours and Days of Operation The Contractor shall keep the Contract
Operations Site open to receive Tree Waste and Yard Waste and staffed by
Contractor from April 1 St through November 30 t1i of each year at the following
times:
Monday through Friday: 7:30 a.m. to 4:30 p.m., except on
Wednesday the Facilities shall be open until
7:00 p.m.
On Saturdays, the City shall provide an attendant to check -in vehicles and
direct vehicles to the drop -off area. Only City residents and the City may
drop off Yard Waste and Tree Waste at the Contract Operations Site on
Saturday. .
In addition, the Contractor shall be open in January of each year to receive
Christmas trees on the first two weekends after New Year's Day at the
following times:
Saturday: 9:00 a.m. to 5:00 p.m.
Sunday: 12:00 p.m. to 5:00 p.m.
E. Disposition of Yard Waste and Tree Waste. Within 72 hours of delivery to the
Contract Operations Site, all Yard Waste and Tree Waste shall be transferred by
the Contractor to other sites for composting or processing. No composting, land
filling, incineration or long -term storage of Yard Waste or Tree Waste on the
Contract Operations Site shall be permitted, except as expressly allowed by
Paragraph F, below.
F. Wood Chips and Compost for City Residents. Contractor shall at all times
keep an adequate supply of finished compost material at the Contract Operations
Site that has been produced off -site by Contractor from finished Yard Waste
material for pick up and use by City residents free of charge. Contractor shall
also maintain an adequate supply of clean, chipped or ground wood mulch
suitable for landscaping use on the Contract Operations Site available for pick up
and use by City residents free of charge.
G. Service to Customers
1. Customer Service. The Contractor shall provide courteous and quick
service to all customers. Contractor's staff shall:
a. Be polite and courteous to all customers at all times and under all
circumstances;
HopCivil /YardWasteTransferContract 5
b. Be sensitive to the needs of all people using this service;
C. Present a neat and clean appearance; and
d. Clearly communicate information to customers.
2. Customer Complaints. The Contractor shall receive and respond to
customer complaints and /or suggestions. If the City receives complaints
regarding a particular employee, and /or it is determined that an employee
is not performing the service in a safe, efficient, reliable or responsible
manner and corrective action has not resulted in improved performance,
the Contractor shall assign a different employee to provide service to
customers.
H. Records. The Contractor shall maintain daily records of the volume of all Yard
Waste and Tree Waste delivered to the Contract Operations Site, as well as the
volume and disposition of all materials leaving the Contract Operations Site. The
Contractor shall maintain such other records as the City may request in order to
monitor compliance with the Contract and program effectiveness and for purposes
of reporting to State and regional organizations. The Contractor shall submit
monthly reports in a form satisfactory to the City summarizing operations during
the previous month. The report shall be submitted to the City within fourteen (14)
days following the last day of each month. The Contractor shall maintain records
for a period of at least six years and shall make said records available to the City
upon request.
I. Permits and Compliance with Law.
1. The Contractor shall, at its own expense, obtain and maintain all permits,
licenses and governmental approvals necessary to accept, process and
transfer all Yard Waste and Tree Waste, and shall operate, maintain, and
close the Contract Operations Site and Facilities in accordance with all
applicable laws, rules, regulations, and ordinances.
2. The Contractor shall manage all Yard Waste and Tree Waste in
accordance with all federal, state and local laws, rules, regulations,
ordinances, permits and licenses, including but not limited to the
following:
a. The rules and recommendations of the Minnesota Department of
Agriculture for management and disposal of diseased wood;
b. The rules of the Minnesota Pollution Control Agency;
C. The ordinance and permit requirements of the City;
d. The ordinance and license requirements of Hennepin County.
J. Traffic. Contractor shall not accept deliveries to the Contract Operations Site by
trucks over 50 cubic yards capacity. Transfer trucks removing materials from the
Contract Operations Site shall not exceed 110 cubic yards capacity. All truck
traffic will be required to make only right turns from Hennepin County Road 73
HopCivil /YardWasteTransferContract 6
(Hopkins Crossroads) for inbound access to the Contract Operations Site, and to
exit the Contract Operations Site making right turns only.
K. Payment. Contractor shall not be obligated to pay rent to the City for the use of
the Contract Operations Site for the uses and purposes stated in this Contract. In
consideration of the City's agreement to allow such use of the Contract Operation
Site, Contractor agrees the services to be provided to City residents and the City
under this Contract shall be provided free of charge by the Contractor. Contractor
shall be entitled to charge fees for acceptance of Yard Waste and Tree Waste from
parties other than residents of the City and the City as permitted by paragraph III,
C., 2., of this Contract, such fees to be established by Contractor. The sole
consideration to be received by Contractor for the services provided by it under
this Contract is the right to operate the Facilities on the Contract Operations Site
during the term of this Contract and to receive fees from parties other than City
residents and the City. No other consideration shall be payable to Contractor for
the services to be provided by Contractor under this Contract.
IV. Access, Maintenance and Restoration.
A. Access to Contract Operations Site. The City hereby grants to the Contractor
the non - exclusive right to enter upon and maintain its Facilities at the Contract
Operations Site for so long as the Contract remains in full force and effect.
Contractor's non - exclusive right of entry and right to maintain its Facilities shall
be limited to the Contract Operations Site, and shall not extend to any other part
of the City Owned Property, with the exception of the right of access more
particularly described in paragraph C of this Article IV. The Contractor agrees to
use the Contract Operations Site solely for the maintenance and operation of a
Yard Waste and Tree Waste Processing and transfer Facility upon the terms and
conditions set forth in this Contract and for no other purpose or purposes. The
City shall have the right to enter upon the Contract Operations Site at all times for
the purpose of examining and inspecting the same and for all other purposes that
do not unreasonably interfere with Contractor's use of the Contract Operations
Site.
B. Maintenance of Contract Operations Site. The Contractor shall be responsible
for maintaining and managing the Contract Operations Site. The Contractor shall
maintain and operate the Contract Operations Site in an orderly and businesslike
manner.
C. Maintenance and Repair of Access Road.
1. Access Road. Access to the Contract Operations Site shall be solely by
means of the access drive to County Road 73 (Hopkins Crossroads)
depicted on Exhibit 1 attached to this Contract ( "Access Road ").
Contractor shall have the non - exclusive use of the Access Road during the
term of this Contract for the uses and purposes stated in this Contract, and
for no other purpose.
HopCivil /YardWasteTransferContract 7
2. Access Control Gate. The City shall install an access control gate at the
entrance to the Access Road for the purpose of controlling access to the
Contract Operations Site. Contractor shall be responsible for controlling
access to the Contract Operations Site so that access to and use of the
Contract Operations Site shall be limited to the uses and purposes stated in
this Contract. The City and its employees shall at all times be entitled to
use the Access Road and have access to the Contract Operations Site. Any
locks installed on the access gate shall be installed and controlled by the
City, with duplicate keys to be provided to Contractor during the term of
this Contract.
3. Security Light. As soon as reasonably possible after the date of this
Contract, the City will install a security light in the area of the access gate
for purposes of illuminating the entrance to the Access Road. Contractor
shall reimburse the City for the actual costs incurred by the City in
installing the security light, including the cost of bringing electrical power
to the security light location, up to a maximum amount of $5,000.00.
4. Maintenance and Repair. The Contractor shall be responsible for the
costs of maintaining and repairing the Access Road.
D. Restoration of Contract Operations Site. The Contractor shall also be
responsible for removing all equipment comprising the Facilities and all other
equipment or personal property of Contractor and restoring the Contract
Operations Site to its condition as of the date of this Contract upon termination of
site operations.
V. No Guarantee of Waste Types or Quantities. The parties understand and agree that no
guarantee of minimum or maximum quantity of Yard and Tree Waste deliveries
hereunder is either made or implied. The City and City residents shall not be limited in
the total quantity of waste delivered.
VI. Insurance. The Contractor shall procure and maintain throughout the term of this
Contract insurance coverage for injuries to persons or damages to property which may
arise from or in connection with the performance of the work hereunder by the
Contractor, its agents, representatives, employees or subcontractors. Contractor shall
comply with the requirements of Exhibit 2, attached to and incorporated as part of this
Contract, with respect to insurance.
VII. Miscellaneous.
A. Subcontracts /Assignment. All work referenced herein shall be performed by the
Contractor. The work may not be performed by a subcontractor and the
Contractor shall not delegate, assign, subcontract or transfer its duties to manage
the Facilities and Contract Operations Site pursuant to this Contract without the
prior written consent of the City. The Contractor shall be responsible for the
performance of all subcontractors, delegatees, assignees and transferees.
HopCivil /YardWasteTransferContract 8
B. Indemnification and Liability. The Contractor shall defend, indemnify and save
harmless the City, its elected officials, employees, agents, assigns from and
against any and all claims, actions, damages, liabilities, expenses, governmental
proceedings and investigations (including cleanup costs, costs of defense,
settlement and reasonable attorneys' fees) arising out of the actions or failures to
act of the Contractor, its officers, agents, employees, subcontractors or
independent contractors in connection with this Contract, including the harmful
effects of pollutants, toxins, hazardous substances, chemicals, ash, petroleum
products or other deleterious substances deposited on the Contract Operations Site
as a result of Contractor's use and operation of the Contract Operations Site. The
obligations contained in this Subsection B shall survive the expiration or the
termination of this Contract.
It is the intent of the parties that the City shall have no liability or responsibility
for, nor shall it be obligated to incur expense because of, damage or injury to
human health, the environment or natural resources that is caused by or that is for
abatement and /or cleanup of materials and substances deposited on the Contract
Operations Site as a result of Contractor's use and operation of the Contract
Operations Site during the term of this Contract.
It is the intent of the parties that the Contractor shall have no liability or
responsibility for, nor shall it be obligated to incur expense because of, damage or
injury to human health, the environment or natural resources that is caused by or
that is for abatement and /or cleanup of materials and substances existing on the
Contract Operations Site as of the effective date of this Contract.
C. Notices. All notices or other communications required or permitted by this
Contract shall be in writing, shall be either personally delivered to the
representative of Contractor or the City designated below or mailed by First Class
United States Mail, postage prepaid, addressed as follows:
If to the City: City of Hopkins
Attn: Director of Public Works
11100 Excelsior Boulevard
Hopkins, MN 55343
If to the Contractor: Specialized Environmental Technologies, Inc.
Attn: Director of Operations
6321 Bury Drive, Suite 13
Eden Prairie, MN 55346
Notices that are personally delivered shall be effective upon delivery. Notices
that are mailed shall be effective one business day after the date of being
deposited with the United States Postal Service.
HopCivil /YardWasteTransferContract 9
D. Entire and Complete Agreement. This Contract, together with Exhibits 1 and 2,
shall constitute the entire and complete agreement of the parties with respect to its
subject matter and shall supersede all prior or contemporaneous representations,
understandings, arrangements and commitments, all of such, whether oral or
written, having been merged herein.
E. Binding Effect. This Contract shall be binding and inure to the benefit of the
parties hereto and any permitted successor or assignee acquiring an interest
hereunder.
F. Waiver. Unless otherwise specifically provided by the terms of this Contract, no
delay or failure to exercise a right, remedy, power or privilege resulting from any
breach of the Contract shall impair such right, remedy, power or privilege or shall
be construed to be a waiver thereof. Any waiver shall be in writing and signed by
the party granting such waiver. If any representation, warranty or covenant
contained in the Contract is breached by either party and thereafter waived by the
other party, such waiver shall be limited to the particular representation, warranty
or covenant so waived and shall not be deemed to waive any other representation,
warranty or covenant under this Contract. The rights and remedies provided or
referred to under the terms of the Contract are cumulative and not mutually
exclusive.
G. Audit. All volume records, financial records, or other documents relevant to the
Contract are subject to examination by the City, and as required by Minn. Stat. §
16C.05, subd. 5, the State Auditor, or the Legislative Auditor.
H. Severability. In the event that any provision of the Contract shall, for any reason,
be determined to be invalid, illegal or unenforceable in any respect, the parties
hereto shall negotiate in good faith and agree as to such amendments,
modifications or supplements of or to the Contract or such other appropriate
actions as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein, and
the other provisions of the Contract shall, as so amended, modified or
supplemented, or otherwise affected by such action, remain in frill force and
effect.
I. Non - Discrimination. Contractor agrees to abide by all provisions of Minn. Stat.
§ 181.59, as amended, entitled "Discrimination on Account of Race, Creed, Color
Prohibited in Contract," set forth herein.
Minn. Stat. § 181.59. Discrimination on Account of Race, Creed, or Color
Prohibited in Contract
Every contract for or on behalf of the State of Minnesota, or any City, city,
town, township, school, school district, or any other district in the state,
for materials, supplies, or construction shall contain provisions by which
the contractor agrees:
HopCivii/YardWasteTransferContract 10
(1) That, in the hiring of common or skilled labor for the
performance of any work under any contract, or any subcontract
hereunder, no contractor, materials supplier, or vendor, shall, by
reason of race, creed, or color discriminate against the person or
persons who are citizens of the United States or resident aliens
who are qualified and available to perform the work to which the
employment relates;
(2) That no contractor, material supplier, or vendor, shall, in
any manner, discriminate against, or intimidate, or prevent the
employment of person or persons identified in clause (1) of this
section, or on being hired, prevent, or conspire to prevent, the
person or persons from the performance of work under any
contract on account of race, creed, or color;
(3) That a violation of this section is a misdemeanor; and
(4) That this contract may be canceled or terminated by the
state, City, city, town, school board, or any other person authorized
to grant contracts for such employment, and all money due, or to
become due under the contract, may be forfeited for a second or
subsequent violation of the terms or conditions of this contract.
J. Time of the Essence. Time is an essential element of this Contract.
K. Independent Contractor Status. For the purposes of this Contract, the
Contractor shall be deemed to be an independent contractor and not an employee
of the City. Any and all agents, servants, or employees of the Contractor or other
persons, while engaged in the performance of any work or services required to be
performed under this Contract, shall not be considered employees or agents of the
City, and any and all claims that may or might arise on behalf of Contractor's
agents, servants, employees or independent contractors as a consequence or any
act or omission on the part of the Contractor, its agents, servants, employees or
other persons shall in no way be the obligation or responsibility of the City. The
Contractor, its agents, servants, or employees shall be entitled to none of the
rights, privileges, or benefits of City employees.
L. Costs Not Provided For. No claim for services or supplies furnished by the
Contractor not specifically provided for in this Contract will be honored by the
City.
M. Alterations. Any alteration, variation, modification, or waiver of the provisions
of the Contract shall be valid only after it has been reduced to writing and duly
signed by both parties.
HopCivil /YardWasteTransferContract 11
N. Minnesota Laws Govern. The Contract shall be interpreted and construed
according to the laws of the State of Minnesota. The parties agree that any
disputes or remedies arising under the terms of the Contract shall be litigated in
the District Court of Hennepin County, Minnesota, and the Contractor hereby
agrees to the service of process in the State of Minnesota for any claim or
controversy arising out of this Contract.
O. Worker's Compensation. At the time of executing this Contract, the Contractor
shall submit to the City a certificate of insurance evidencing compliance with the
Worker's Compensation insurance coverage requirement of Minn. Stat. § 176.182
set forth in pertinent part herein:
Minn. Stat. § 176.182 Business Licenses or Permits; Coverage Required.
...Neither the state nor any governmental subdivision thereof shall enter
into any contract before receiving from all other contracting parties
acceptable evidence of compliance with the workers' compensation
insurance coverage requirement of Section 176.181, subdivision 2.
In any case where subcontracting is approved, the Contractor shall require the
subcontractor to provide worker's compensation insurance, all in accordance with
statutory requirements. Evidence of subcontractor's insurance shall be filed with
the City.
P. Compliance With Laws. In providing all services pursuant to this Contract, the
Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining
to or regulating the provision of such services, including those now in effect and
hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations
shall constitute a material breach of this Contract and shall entitle the City to
terminate this Contract immediately upon delivery of written notice of termination
to the Contractor.
Q. Data Privacy. In collecting, storing, using and disseminating data in the course
of providing services hereunder, the Contractor agrees to abide by all pertinent
state and federal statutes, rules and regulations covering data privacy, including
but not limited to the Minnesota Government Data Practices Act and all rules
promulgated pursuant thereto by the Commissioner of the Department of
Administration.
VIII. DEFAULT AND REMEDY. Failure of the Contractor (including the failure of any
employee or agent of the Contractor) to abide by any of the terms, conditions, or
requirements expressed in this Contract shall constitute a default if not properly corrected
by the Contractor within 10 days after delivery of a notice of deficiency and a request for
compliance from the City. In the event Contractor does not cure such default within 10
days, the City may terminate this Contract as provided in Article IX, and may recover
from the Contractor any damages sustained by the City which may directly or
consequently arise out of the breach of this Contract by the Contractor. Termination of
this Contract pursuant to Article IX shall not affect the City's right to recover damages
from Contractor for Contractor's breach of this Contract.
HopCivi ] /Yard WasteTransferContract 12
IX. TERMINATION OF CONTRACT.
A. Ristht to Terminate In addition to the termination rights and procedures
specified in other sections of this Contract, the Contract may be terminated under
the following conditions:
1. Termination with Cause. The Contract may be terminated with cause by
either party upon thirty (30) calendar days advance notification in writing
of intent to terminate the contract or such shorter time as may be provided
for in this Contract. Said notice shall specify the circumstances
warranting termination of the Contract for cause. Failure of the Contractor
to perform in accordance with each of the terms and conditions set forth in
the Contract Documents shall be sufficient cause for the termination of the
Contract by the City. If the Contractor does not correct said failure within
the thirty days after notice of the City's intent to terminate for cause, the
Contract shall terminate in accordance with the City's notice.
2. Without Cause. Either party may terminate this Contract without cause
as provided in Article II.
3. By Expiration. Upon expiration of the term of this Contract as set forth
in Article II of this Contract.
B. Survival of Rights and Obligations Termination of the Contract with or
without cause shall not discharge any liability, responsibility or right of any party
which arises from the performance of or failure to adequately perform the terms
of this Contract prior to the effective date of termination.
C. Site Restoration Upon termination, the City shall have the right to enter the
Contract Operations Site by any lawful means and remove all persons and
personal property therefrom and the City shall not be liable for damages or
otherwise by reason of said entry or termination. In the event of termination,
Contractor shall remove its personal property and improvements from the
Contract Operations Site.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
by their duly authorized representatives as of the day and year first above written.
SPECIALIZED ENVIRONMENTAL CITY OF HOPKINS
TECHNOLOGIES, INC.
Its
Eugene Maxwell, Mayor
Richard Getschow, City Manager
C
ATTEST:
HopCivil /YardWasteTransferContract 14
EXHIBIT 1
DRAWING OF CITY PROPERTY DELINEATING BOUNDARIES
OF CONTRACT OPERATIONS SITE
HopCivi l /YardWasteTransferContract 15
EXHIBIT 2
INSURANCE REQUIREMENTS
I. Insurance Requirements. Contractor shall procure and maintain insurance coverage for
injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as follows:
1. Insurance Services Office (ISO) Commercial General Liability coverage
(occurrence form CG 00 01 or a substitute form providing equivalent coverage),
and shall cover liability arising from premises, operations, independent
contractors, products - completed operations, personal injury, advertising, and
liability assumed under an insured contract (including the tort liability of another
assumed in a business contract).
2. Business Automobile Liability coverage shall be written on ISO form CA 00 01,
CA 00 05, CA 00 12, CA 00 20, or substitute for providing equivalent liability
coverage. Such insurance shall cover liability arising out of any auto (including
owned, hired, and non -owned autos).
3. Workers' Compensation as required by the State of Minnesota, and Employer's
Liability insurance.
4. Umbrella Liability insurance.
B. Minimum Limits of Insurance Contractor shall maintain NO LESS THAN:
1. Commercial General Liability (CGL) and if necessary, Commercial Umbrella
Liability: $1,000,000 each occurrence. If Commercial General Liability
insurance contains a general aggregate limit, it shall apply separately to this
project /location, or the general aggregate limit shall be twice the required
occurrence limit.
2. Business Automobile Liability and if necessary, Commercial Umbrella Liability:
$1,000,000 each accident for bodily injury and property damage.
3. Employers Liability: $1,000,000 for bodily injury or disease.
4. Umbrella Liability: $2,000,000 each occurrence.
C. Deductibles and Self - Insured Retention Any deductibles or self - insured retention
must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self - insured retention as respects
the City, agents, officers, directors, and employees; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses; or the Contractor shall provide City- requested financial
statements for the purpose of verifying financial solvency, and acceptance of
deductibles or self - insured retention based on this verification.
D. Other Insurance Provisions
HopCivil /YardWasteTransferContract 16
The General Liability policy shall contain, or be endorsed to contain, the
following provision: The City of Hopkins, its agents, officers, directors, and
employees are to be covered as an additional insured for all liability
coverages using ISO additional insured endorsement CG 20 10 or substitute
providing equivalent coverage. This insurance shall apply as primary
insurance with respect to any other insurance or self - insurance program. The
City's insurance shall be excess of the Contractor's insurance and shall not
contribute to it. The Contractor's coverage shall contain no special limitations
on the scope of protection afforded to the City, its agents, officers, directors, and
employees.
2. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officers, officials, employees or volunteers.
3. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, or canceled by either party, reduced in
coverage or in limits, or non - renewed, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City.
4. The Contractor shall include all subcontractors as insured under its policies or
furnish separate certificates and endorsements for each subcontractor
where applicable. All coverage for subcontractors shall be subject to all of the
requirements stated herein.
5. Each insurance policy shall include an endorsement that waives any claim or
right in the nature of subrogation to recover against the City, its agents, officers,
directors, and employees.
E. Acceptability of Insurers 'Insurance is to be placed with insurers with a current A.M.
Best rating of A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage Contractor shall furnish the City with certificates of insurance
and original endorsements effecting coverage required by this clause. All certificates and
endorsements are to be received and approved by the City before work commences. The
City reserves the right to require complete, certified copies of all required insurance
policies and endorsements at any time.
HopCiviI /YardWasteTransferContract 17