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Contract 1815
CONTRACT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND BFI WASTE SYSTEMS OF NORTH AMERICA INC. FOR THE COLLECTION AND DISPOSAL OF GARBAGE, RUBBISH, RECYCLABLE MATERIALS AND YARD WASTE January 1, 2005- December 31, 2009 TABLE OF CONTENTS General Description Definition of Terms Health Regulations and City Ordinances Collection Service - Garbage, Rubbish, Large Items, and Major Appliances Collection Service - Recyclables Collection Service - Yard Waste Collection Points and Route - Garbage, Rubbish, Large Items and Appliances Collection Points and Route - Recyclables Collection Points and Route - Yard Waste Collection Schedule Service Hours Performance of Contract Liability Insurance Workers' Compensation Insurance Performance Bond Equipment Disposal/Recycling Supervision Personnel Requirements Responsibility Driver Collector Issuance of Notice Liquidated Damage Utilities Payments Increase or Decrease in Rates Recycling Rebate 1 1 1 2 3 3 4 4 4 4-5 5 5-6 5 5 5-6 6 7 7 7 7 7 8 8 8 8 9 9 10 State Hauler Rebate Subletting or Assignment of Contract Contractor to Make Examination Non-Discrimination/Affirmative Action Safety Performance of Contract Refuse Service Rates Contract Period Signatures of Officials Exhibit A - Residential Collection Schedule Exhibit B - Multiple Dwelling Dumpster Collection Schedule Exhibit B 1- City Facilities Schedule Exhibit B2- Downtown Area Streetscape Schedule Exhibit C - City Garbage, Rubbish and Recyclable Material Ordinance Exhibit D - City Garbage Collection Ordinance Exhibit E - Recycling Program Addendum Exhibit F - Resolution 88-83 Exhibit G - Rate Schedule Exhibit H - Affirmative Action Compliance Form Exhibit I- Affidavit of Non-Collusion Form Exhibit J- O.S.H.A. Compliance Fonn Exhibit K1-Statement of Qualifications Exhibit K2-Authority to operate 10 10 10 10 I1 11 11 I1 12 REFUSE SERVICE CONTRACT THIS Contract is between the CITY OF COLUMBIA HEIGHTS, a municipal corporation, palq:y oftbe first part, herein referred to as "City", and BFI Waste Systems of North American Inc., prow of the second part, herein referred to as "Contractor. The City and contractor agree as follows: General Description of Services a. The contractor shall make a complete collection of garbage, refuse, large items, and major appliances from residential dxvellings in the City at least once in each calendar week during the term of the contract, and, convey this garbage and rubbish to a facility authorized and designated by Anoka County. b. Work to be performed includes the removal ofrecyclable materials and yard waste collected in conjunction with the City's Recycling and Yard Waste Programs. c. The Contractor will provide the refuse and recycling containers to all residential units. d. The Contractor will host an event collection of all residential electronic devices that are banned from the landfills by the State of Minnesota, as of July 2005 2. Definition of Terms a. City shall mean the City of Columbia Heights, Minnesota. b. Contractor shall mean any person, or the agent or employee thereof, with whom the City of Columbia Heights may contract to collect and dispose of garbage, combustible and non-combustible rubbish, recyclable materials and yard waste. c. Residence shall mean all single-family dwellings, double bungalows/duplexes, apartments, town homes, condominiums and other living quarters. A residence equals one stop. d. Garbage shall mean organic waste resulting from the preparation of food and decayed and spoiled food from any source. e. Rubbish shall mean all inorganic refuse matter that accumulates in the ordinary operation of a household. f. Recyclable Materials shall mean newsprint, glass bottles and jars, aluminum, steel and tin cans, cardboard, plastic beverage bottles, mix paper, phone books and magazines and any other materials as required by the City. g. Yard waste shall mean garden waste, leaves, lawn cuttings, weeds, and prunings. h. Tree waste shall mean branches, trees and shrubs of less than four (4) inches in diameter. i. Electronics shall mean televisions, stereos, VCR's, DVD players, computers, colnputer monitors, and any other device as defined by the State of Minnesota. 3. Health Regulations and City Ordinances The Contractor shall acquaint itself with all pertinent City and Anoka County Ordinances and State of Minnesota regulations and comply with all ordinances and regulations in effect at this time or hereafter adopted. (See Exhibits C and D.) 4. Collection Service - Garbage, Rubbish, Large Items, and Major Appliances a. Low-volume collection service shall be from one (1) garbage container up to 39-gallon capacity, as provided by the Contractor, including additional service for: (1) Christmas trees cut into lengths less than six feet (6') (2) Major appliances as defined in 4e4. Collection of materials not included as part of low-volume service will be provided by the Contractor at an additional cost to the resident. Arrangements and billings fol' such collections will be handled directly by the Contractor. b. Limited service will be from one (1) container up to 68-gallon capacity, as provided by the Contractor, including additional service roi': (1) Christmas trees cut into lengths less than six feet (6') (2) Major appliances as defined in 4e4. Collection of materials not included as part of limited service will be provided by the Contractor at an additional cost to the resident. Arrangements and billings for such collections will be handled directly by the Contractor. Full Service Collection Service shall be fi'om one (1) 98-gallon or one (1) 68-gallon capacity (with full service sticker) garbage container provided by the Contractor. Contractor shall provide each multiple dwelling with at least one standard dumpster (1 cubic yard capacity) or larger. Dumpsters to be supplied by the Contractor must meet federal standards and have fly-tight lids. All apartments with four or more units m'e required to utilize dumpster service in lieu of 98-gallon garbage carts. e. Additional service shall include: (1) Christmas trees cut into lengths under six feet (6'). (2) Additional amounts of non-garbage household rubbish, placed in waterproof bags or other secured disposable containers. Total weight of each container shall not exceed 35 pounds. (3) Limited quantities of stone, sod, earth, concrete, and building materials resulting from remodeling of the residence on the property at which these materials have been placed, along with carpeting, carpet padding, mattresses, chairs, couches, tables, other such items of furniture, and major appliances. Where practicable, such items will be bagged, boxed, or bundled. If the quantity of materials would fill the hopper of the truck more than three times, the resident will need to secure a dumpster for the project. (4) Major appliances shall include, but not be limited to, washers and dryers, dishwashers, water heaters, garbage disposals, trash compactors, microwave ovens, conventional ovens, ranges and stoves, air conditioners, dehumidifiers, humidifiers, furnaces, refrigerators, and freezers. Special waste rimless tires shall continue to be collected from the recycling center for the period of the contract. Contractor shall provide each residence with a garbage container and keep said container in good repair. The size of the container shall be selected by the resident. The Contractor shall notify the City of all requests for service change at the onset of the contract, all fnture changes will be made through the City and the Contractor will be notified. 5. Collection Service - Rec¥clables a. Recyclable materials shall be prepared by residents as follows: (2) (3) (4) (5) (6) (7) (8) (9) Newsprint--Placed in paper bags, cardboard boxes, tied in bundles and placed in recycling containers authorized by the City. Glass Food and Beverage Containers--Lids removed, rinsed, and placed in paper bags, cardboard boxes, or recycling containers authorized by the City. Metal Food and Beverage Containers- Rinsed, and placed in paper bags, cardboard boxes, or recycling containers authorized by the City. Plastic Bottles, HDPE and PETE--Caps removed, rinsed and placed in paper bags, cardboard boxes, or recycling containers authorized by the City. Corrugated Cardboard--Non-glossy only, flattened, placed in paper bags, tied in bundles, or placed in recycling containers as authorized by the City. Magazines- bagged or bundled up to 35 lbs. Mixed Paper/junk mail bagged in paper sack and place in or next to recycling container Bundles of magazines up to 35 pounds. Boxboard -Placed in paper bags, cardboard boxes, tied in bundles and placed in recycling containers authorized by the City The Contractor shall be responsible for distributing all properly addressed new and replacement curbside recycling containers to the residents. The Contractor shall be responsible for providing containers, placing containers at collection points, and collection of recyclable materials from containers at multi- dwellings in the City. All recyclable materials placed for collection shall be owned by and be the responsibility of the occupants of the residential propenties until they are handled by the Contractor. Upon collection of the recyclable materials by the Contractor, the recyclable materials become tbe property and responsibility of the Contractor. e. The City reserves the right to add other collectibles to be considered recyclables. 6. Collection Service - Yard Waste a. Yard waste shall be prepared by residents as follows: (1) (2) (3) Grass, leaves, garden waste, weeds, branches and twvigs are classified as yardwaste. Yard waste must be bagged separately in bags that are securely closed, and branches cut to lengths of 4 foot or less and bundled so as to weigh no more than 35 lbs. Bundles of limbs (4"in diameter maximum) up to 18" in diameter, and cut into lengths of 4 feet or less and tied securely. The Contractor is responsible for weekly collection of yard waste during the growing season (April 1 - November 30) and disposal at a compost site licensed by the Minnesota Pollution Control Agency. 7. Collection Points aud Route - Garbage, Rubbish, Large Items and Appliances 10. Residences with alleys shall have their garbage containers and all other permissible refuse picked up from the edge of the alley. Multiple dwellings shall utilize appropriate sized dumpster(s) as determined on the basis of volume by the City upon review by the Contractor. No dumpster size will be changed by the Contractor without approval by the City. Residences without alleys shall have their garbage containers picked up at the front curb or other specified location as permitted by City Ordinance. All other permissible garbage and rubbish shall be picked up fi'om the boulevard adjoiuing the curb. do Residents who are disabled or elderly and are unable to place their containers at the designated location, may request "walk-up" service, whereby the driver will service those container froln the house access that is nearest the designated collection point. Collection Points and Route - Rec¥clables a. All residences shall place their recyclable materials at the boulevard adjoining the curb. bo Multiple dwellings shall place their recyclable materials at the boulevard adjoining the curb, in specially marked containers outside of the dwelling, or in specially marked containers inside of the dwelling. Such locations will be deterlnined and arranged by the city. Collection Points and Route-Yard Waste ao All residences shall all have their bagged or bundled yard waste picked up from the boulevard adjoining the curb, separated fi'om their garbage, rubbish and recycliug. Collection Schedule Each residence shall have its garbage and rubbish collected a lninimum of once each week. The Contractor shall use the City's Refuse Schedule and Route (See Exhibits "A" & "B"). Recyclable materials, yard waste, large items, and major appliances shall be collected once a week, on the same day as the garbage and rubbish is collected in the aa'ea. If the Contractor wishes to recommend a chaa~ge to the City, the Contractor shall advise the City in writing at least 90 days fi'om the proposed date the requested clmnge is to take effect. A change shall be effected only upon formal written authorization fi'om the City. The Contractor shall bear all costs involved in notifying residences of approved schedule and route changes requested. Only such pick-ups shall be made as have been certified by the City and the Contractor shall not be entitled to payment for any pick-up(s) made and not certified by the City. In the event that a residence has been certified for service and the City wishes to discontinue such service at such residence, the City shall notify the Contractor to that effect at least one week prior to the date of discontinuance of such service. (2) The Contractor shall advise the City of any request by the owner or occupant of a residence requesting service to be discontinued, and the City shall determine discontinuauce of service and notify the Contractor of the decision at least one week prior to the time of discontinuance of such service. 11. 12. The City reserves the right to improve any street or alley, which may prevent the Contractor fi'om traveling their accustomed route or routes for collection. The Contractor shall contact the Division of Engineering within the Public Works Department prior to each construction season to determine areas of conflict and possible alternate routes or solutions. No additional compensation will be made for this interference. Service Hours All collection service shall be conducted between the hours of 6:00 a.m. and 6:00 p.m., on Monday through Friday, except when an emergency shall exist, at which time the Contractor shall notify the City of such emergency conditions no later than 2:00 PM on the day the emergency exists. The Contractor shall provide the City with a list of the holidays on which their offices and operation will be closed. When holidays fall on a weekday, the collection shall be made within the next working day and extra materials accumulated due to the delay shall be taken. The Contractor shall be required to maintain an office equipped with telephones and staffed with sufficient personnel to handle complaints, orders for special service, and/or to receive instructions. The office shall be staffed from at least 8:00 a.m. to 4:00 p.m., Monday through Friday (except holidays) and from at least 8:00 a.m. to 10:00 a.m. on Saturday. The Contractor shall maintain a written log of all complaints, the date thereof and the action taken pursuant thereto or the reason for no action. Such log of complaints shall be open to the inspection of the City Manager or his/her authorized representative. Performance of Contract The Contractor shall supply all labor, material and equipment necessary for the carrying out of the contract. Liability Insurance - The Contractor shall perform under this contract in a clean, neat manner and shall operate such trucks and motor vehicles as are reasonably necessm3/and suitable to the rendering of such services and shall keep the same insured with a minimum public liability insurance of $500,000 for any one person; $600,000 for any one accident; $50,000 for prope~-y damage, together with Contractor's pnblic liability insurance of $500,000 for any one person; $600,000 for any one accident; and propen~y damage of $50,000. Workers' Compensation Insurance - The Contractor shall at all times keep fully insured, at their own expense, all persons employed by them in connection with the performance of the contract as required by the laws of the State of Minnesota relating to Workers' Compensation Insurance and shall hold the City fi'ee and harmless from all liability from any cause that may arise by reason of injuries to any employee of the Contractor who may be injured while performing work or labor necessary to carry out the provisions of the contract. Perforlnance Bond - Before the contract shall be valid and binding against the City, the Contractor shall enter into a performance bond with the City of Columbia Heights for the use of said City and also for the use of anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment or material in the execution of such contract which bond shall be signed by the Contractor with a surety company as surety and shall be in the amount of $120,000.00 which bond shall be kept in full force and effect for the term of the contract. The conditions of which bond shall be that the Contractor shall fi~lly and faithfully perform all conditions of the contract and these specifications; shall pay anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment or material in the execution of such contract; and such bond shall provide that the full amount shall be forfeited upon the Contractor's failure to comply therewith Either pm~y, after an initial 36 month period, may terminate this agreement due to service related problems not addressed within ten days, by written notice to the other pretty, hand delivered or by registered mail, to the person designated in the signature section as representing the City or the Company. Notice of termination will not take effect for 120 days All of the foregoing to be with a company licensed to do business in the State of Minnesota and acceptable to the City of Columbia Heights and Anoka County. Memorandum policies and receipts for the payment of premium shall be filed with the City showing payment of premiums for at least one year in advance and on each renewal date provided therein. 13. Equipment Vehicle Protection - All trucks or motor vehicles used by the Contractor shall be water-tight and shall be covered. All spills, regardless of circumstance, shall be immediately cleaned up. A broom and a shovel shall be carried on each vehicle at all times for this purpose. Cleaning - All vehicles shall be kept in a clean and sanitary condition; and all collection vehicles shall be cleaned with pressurized hot water at least once a month. Painting - The packer body shall be painted and numbered, and shall have the Contractor's name and telephone number painted in letters of contrasting color, at least five inches (5") high, on each side of the vehicle and the number painted on the rear. They will be painted a minimum of one (1) time in the contract period. Maintenance - The trucks shall be maintained in good working order. They shall be equipped to meet all Federal, State and Muuicipal regulations concerning vehicles used on public roads and maintained to meet these standards. Vehicle Inspection - All vehicles used in the perforlnance of this contract shall be made available for inspection within the City of Columbia Heights on request, and at such times and places as the City may designate, and must meet all State vehicle standards. Description of Vehicles - The Contractor shall furnish the City with a written description of all vehicles and equipment to be used within the City of Columbia Heights and in the performance of this contract and shall advise the City in writing of any withdrawal of a part of such equipment or of any change therein within one (1) week of the time of making such change. go Safety Equipment -Each collection vehicle shall have a flashing light warning system, fire extinguisher (CO2 type), first aid kit, two safety vests (high visibility) and proper backup alarms as approved by the City. 14. Disposal/Recycling The Contractor shall dispose of all such rubbish and garbage at an approved Minnesota Pollution Control Agency disposal site as designated by Anoka County. The ConWactor shall advise the City, in writing, of the place and method of disposal of such garbage and rubbish and of any changes in the place or method of disposal. The Contractor shall dispose of all such recyclables at a processing site or market. The Contractor shall not landfill, incinerate, or otherwise dispose of the recyclable materials. The Contractor shall implement an economically feasible Drop-Off Recycling Program, which would maintain or expand upon the City's current Recycling Program (see Exhibit E). The City may, at City's option, discontinue the Drop-Off Recycling Program. The Contractor shall dispose of all yard waste at an approved Minnesota Pollution Control Agency compost site. The Contractor shall advise the City, in writing of the place of yard waste disposal, and any changes in the place of yard waste disposal. 15. Supervision All services to be performed for the City by the Contractor pursuant to the terms of the contract shall be supervised by such employee, agent or officers of the City as the City Manager shall designate. 16. Personnel Requirements ResponsibiliW (1) There shall be sufficient crew to fulfill the requirements of the specifications and contract. (2) Each collection crew shall adhere to all applicable ordinances of the City of Columbia Heights, and all of those rules, regulations and conditions for refnse collection as established by the City Manager. Driver (1) The driver must have a valid Minnesota Driver's License with all the necessary endorsements. (2) The driver must adhere to all traffic laws. Collector (1) The driver and collector(s) shall at all times have a courteous attitude toward the general public. (2) The driver and collector(s) shall be of sound character, competent and sober throughout the workday. (3) The driver and collector(s) shall have the ability to remember the order of collection and location of all refnse containers on the assigned routes. (4) The driver and collector(s) shall make a concerted effort to have at all times a presentable appearance. (5) The refuse collector(s) on each crew shall be physically able to perform their duties and be at least eighteen (18) years old. (6) The collector(s) shall perform their work in a neat and a quiet lnanner and clean up all refuse spilled in collection under any circumstance. (7) All containers shall be replaced in their proper locations and covers placed securely back on containers. Containers shall not be turned upside down. (8) Damage to containers or other property shall be avoided. (9) Gratuities are not to be accepted. (10) Never confiscate a container no matter how worn or useless it may be unless requested to do so by the owner. If the container fails to meet the specifications set by ordinance, it shall be tagged and the City shall be notified. (11) Consumption of any beverages containing alcohol is forbidden during or before work hours of any collection day. (12) A regulation container shall be used for refuse removal when performing carry-out type collections. 17. Issuance of Notice The Contractor shall issue notices to all homeowners and users of the service whenever garbage and rubbish removal, recyclable, and/or yard waste removal is not effected. The notice shall be signed by the employee and given to the user if the user is present at the residence. If the user is not present, the notice shall indicate steps taken to notify the tlser. Said notice shall indicate the reason for the failure to collect the garbage and rubbish, recyclable materials, and/or yard waste material. Copies shall be made and filed with the City by 4:30 p.m. on the day of its issuance. Failure to file such duplicate notices shall be verified failure of a non-pickup as covered in Section 18. 18. Liquidated Damage In the event that the Contractor shall fail to make a garbage, recyclable, yard waste, large item, and/or major appliance collection at any particular residence, as required by the contract, the Contractor shall do so within 24 hours after notification fi'om the City of the address where such collection was not made. If the Contractor fails to make a garbage, recyclable, yard waste, large item, and/or major appliance collection at any particular residence on a Friday (excluding holidays) and is notified of such a failure by the City or resident prior to 12 Noon, the Contractor is required to service such residence before 7:00 p.m. of the same day. Verified failure to make the collection shall be cause to deduct $10.00 pen' verified collection, as liquidated damage fi'om the monthly payment, in addition to deduction of the regular pick-up rate (pro-rated). Tbis provision shall not constitute a waiver or the breach of any condition of the contract requiring all residence collections to be made at least once each week in every seven (7) day period, commencing on Sunday of each week. 19. Utilities The Contractor shall be obligated to protect all public and private utilities whether occupying street or public or private property. If such utilities are damaged by reason of the Contractor's operations, under the contract, it shall repair or replace same or, failing to do so promptly, the City shall cause repairs or replacements to be made and the cost of doing so shall be deducted from payment to be made to the Contractor. 20. Payments a. The City shall pay the Contractor for each collection as defined in the bid submitted by the Contractor. The City shall make payment to the Contractor lnonthly, on or around the twenty-sixth day of each calendar month. The base price stated shall be for 6,012 collections, more or less, and if said number is increased or decreased, the price to be paid by the City to the Contractor shall be adjusted for each such change of collection. The Contractor shall notify the City in writing, by the fifteenth of each month, of the tonnages of each material recycled during the previous month in conjunction with the curbside and multi-unit dwelling recycling program. Truck weight tickets and lnarket receipts must be on permanent file and available to the City on request fi'om the Contractor. Monthly reports on the number of participants in the curbside recycling program lnust be included in the monthly reports. The proceeds from the sale of the recycling materials collected in conjunction with the Curbside Recycling Program belong to the Contractor. The Contractor shall notify the City in writing, by the fifteenth of each month, the tonnages of garbage and rubbish disposed of during the previous month in conjunction with disposal of residential and multi-dwelling garbage and rubbish collection. Truck weight tickets must be on permanent file and available to the City on request fi'om the Contractor. The Contractor shall notify the City in writing, by the fifteenth of each month, the tonnages of yard waste composted during the previous month in conjunction with the City yard waste collection program. Truck weight tickets must be on permanent file and available to the City on request from the Contractor. The Contractor shall notify the City in writing, by the fifteenth of each month, the tonnages of major appliances collected and recycled during the previous month. Truck weight tickets must be on permanent file and available to the City on request froln the Contractor. 21. Increase or decrease in Disposal Rates for Garbage and Rubbish Rates for residential and multiple dwelling garbage and rubbish service, beyond the year 2006, will be adjusted to account for any increase or decrease in disposal fees imposed by the State, County, and/or Municipality after December 31, 2004, over that in existence on January 1, 2005, or adjustments made in subsequent years. The adjustment will be based on an increase or decrease in the cost per ton for disposal of garbage and rubbish. The Contractor will only be paid the additional increased cost per ton for garbage and rubbish disposal, which has been certified by the City. Written proof(in the form of truck weight tickets fi'om the disposal facility) will be provided as verification for each ton disposed. 9 22. Recycling rebate The Contractor will rebate monies to the City based on current market prices of recyclables and commodities received at the drop-off facility only. The amount received for those recyclables minus $25.00, multiplied by 60% will be the amount of the rebate, unless the amount received by the contractor is $25.00 or less. 23. State Hauling Rebate The Contractor will receipt to the City, the Minnesota State Hauler rebates available to the hauler for tonnage disposed of at a State and County approved facility. 24. Subletting or Assignment of Contract No assignment or subletting of this contract, all or in part, will be permitted without authorization of the City. The Contractor alone will be held responsible for full and faithful performance of the contract. 25. Contractor to Make Examination The Contractor shall make their own examination, investigation and research regarding the proper method of doing the work, and all conditions affecting the work to be done and the labor, equipment and materials needed thereon, and the quantity of work to be performed. The Contractor agrees that he/she has satisfied himself/herself by his/her own investigation and research regarding all such conditions, and that his/her conclusion to enter into the proposed contract is based upon such investigation and research. The Contractor shall make no claim against the City because of any of the estimates, statements, or interpretations made by any official, officer, or agent of the City that may prove to be in any respect erroneous. The Contractor so assumes the risk of all conditions, foreseen and unforeseen and agrees to complete the work without additional compensation under whatever circumstances which may develop other than as herein provided. 26. Non-Discrimination/Affirmative Action The Contractor agrees that during the life of the contract the Contractor will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin or ancestry, and will include a similar provision in all subcontracts entered into for the performance thereof. The Contractor further agrees that during the life of the contract the Contractor will not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request accommodation will be provided to allow individuals with disabilities to participate in all services and programs. The Contractor shall comply with City Resolution 88-83 (Exhibit F). This contract may be canceled or terminated by the City, and all money due or to become due hereunder may be forfeited for a second or subsequent violation of the terms and conditions of this paragraph. 27. Safety The Contractor shall provide and maintain all sanitary and safety accommodations for the use and protection of its employees as may be necessary to provide for their health and welfare and comply with Federal, State, and Local codes and regulations, as well as those of other bodies and tribunals having jurisdiction. Contractor shall comply with employee safety and sanitation facility regulations as set forth in Minnesota Statutes 182 and in the Department of Labor and Industry's Labor Safety Code (LISC 73-75). 28. Performance of Contract The Contractor shall supply all labor, material and equipment necessary for the carrying out of the contract. The Contractor agrees to pay all persons doing work or furnishing skill, tools, machinery, or materials or insurance premiums or equipment or supplies and all just claims for such work, material, equipment, insurance and supplies in and about the performance of this contract. The Contractor fnrther agrees to take all precautions to protect the public against injuw and to save the City harmless fi'om all damages and claims of damages that may arise by reason of any negligence of the Contractor or the Contractor's agents, or employees while engaged in the performance of this contract, and will indemnify the City against all claims, liens, expenses, and claims for liens, for work, tools, machinery, materials, or insurance premiums or equipment or supplies, and against all loss by reason of the failure of the Contractor in any respect to fully perform all obligations of this contract. 29. Refuse Service Rates The Contractor shall be paid those rates set forth in Exhibit G. The city may discontinue any of the pick- ups listed therein and payment shall be decreased as stated in 20.c. 30. Contract Period a. The basic contract shall be in full force and effect for the period begiiming January 1, 2005, and ending December 31, 2009. b. At the conclusion of this period, annual renewal may be negotiated by the Contractor and the City. This contract and any extension thereof shall be subject to the cancellation by the City if the City finds that the Contractor has violated any of the provisions of the specifications and the contract, after being given ten (10) days notice of a hearing to be held before the City Council of the City of Columbia Heights, and said City Council determines that · the Contractor has violated any provision of this agreement and that this contract shall be canceled. The contract specifications attached hereto as Exhibit L are made a part hereof and are herewith incorporated by reference. IN WITNESS WHEREOF, the parties hereto have set their hands on this ~ ~,~ day of December ., 2004. IN THE PRESENCE OF: CITY OF COLUMBIA HEIGHTS, MN. A Municipal Corporation ~i~n Kuehn, Specia~ Projects Coordinator BFI~WASTE S¢ICk~E~. Rich Hirstein, Residential & Municipal Sales Manager. Browning Ferris Industries of North America 12 COLLECTION DAYS FOR REFUSE, RECYCLING AND_ YARDWASTE EXHIBIT A' Meeti I EXHIBIT B Multi unit service Level 2004 Address Street Container Frequency Frequency Day of PU Size Trash Recycle 71t 37th AveNE 4 yd 1 x week Tues 631 37thAve NE 2 yd 1 x wee} Wed 647 37th Ave NE 4 yd 1 x week Tues 647 37th Ave NE 70-2 1 x week Wed 1733 37th Ave NE 1 yd 1 x week Wed 637 38th Ave NE 6 yd 1 x week Thurs 550 39th Ave NE !8 yd 2 x week Tues Friday 940 39th Ave NE 4 yd 1 x week Wed 950 39th Ave NE 2 yd 1 x week Mort 2200 39th Ave NE 4 yd 3 x week MWF 2200 39th Ave NE 90-2 1 x week Wed 3754 3rd St. NE 1 yd 1 x week Friday 3925 3rd St. NE 4 yd 1 x week Thur 3925 3rd St. NE 90-1 1 x week Wed 4200 3rd St. NE 2 yd 2 x week Tues Friday 4200 3rd St. NE 90-3 1 x week Wed 4201 3rd St. NE 4 yd 1 x week iThurs 4201'3rd St. NE 90-2 1 x week Wed ..4233 3rd St. NE . 6 yd . 1 x week Thurs 4233 3rd St. NE !90-3 1 x week Wed ,4242 3rd St. NE 4 yd ' 1 x week Thurs 4310 3rd St. NE 2 yd 2 x week Mort Wed 4310 3rd St. NE 90-3 1 x week Wed 4318 3rd St. NE 4 yd 1 x week Thurs 4330 3rd St. NE 1 yd 2 x week Mort Thurs .4330 3rd St. NE )0-3 1 x week Wed 228 40th Ave NE 2 1 yds 1 x week Friday 539 40th Ave NE 1 yd 1 x week Wed 543 40th Ave NE 1 yd 1 x week Wed 543 40th Ave NE )0-3 1 x week Wed 590 40th Ave NE 4yd 2 x week Tues Friday 615 40th Ave NE 1 yd 1 x week Wed 626 40th Ave NE 1 yd 1 x week Wed 820 40th Ave NE ,1yd 2 x week Mort Wed 820 40th Ave NE 2 yd 1 x week Wed 1020 40th Ave NE 1.5 yd 1 x week Mon 1001 142 1/2 AveNE 90 3 1 x week Mort 233 42nd Ave NE 4yd 1 x week Thurs 1331 42nd Ave NE 2yd 2 x week Mon Thurs 970 43 1/2 Ave NE 2yd 1 x week .-, Mort 970 43 1/2 Ave NE 90-3 1 x week Wed 981 43 1/2 Ave NE 1 yd 1 x week Mort 1300 43 1/2 Ave NE 1yd 1 x week Mon 970 44th Ave NE I yd 1 x week Mon 980 44th Ave NE 1 yd 1 x week Mon 950 47th Ave NE 4 yd 1 x week :Tues 1400 47th Ave NE 4 Yd 1 x week Tuesday 1400 47th Ave NE 90-4 1 x week Wed 1440 47th Ave NE 4 yd 1 x week Tues 1440 47th Ave NE 90-2 1 x week Wed 1480 47th Ave NE 4 yd 1 x week Tues 1480 47th Ave NE 190-2 1 x week Wed 4050 4th St NE 4 yd 2 x week Tues Friday 4050 4th 8t NE 90-3 1 x week Wed 4120 4th St NE 4 yd 2 x weel~ Tues/Frid 4220 4th St NE 1 yd 1 x week Wed 4220 4th St NE 90-3 1 x week Wed 4226 4th St. NE 1 yd 1 x week Wed 4226 '4th St. NE 90-3 1 x week Wed 4308 4th St. NE 1 yd 1 x week Wed 600 51stAve NE 1 yd 1 x week Mon 3948 5th St. NE 1 yd 1 x week Thurs 3969 5th St. NE 2 yd 1 x week Wed 3969 5th St. NE 90-1 mix fiber 1 x week Wed 3969 5th St. NE 90-2 Rigid 1 x week Wed 4655 5th St. NE 1 yd 1 x week Thurs 5100 6th St. NE two-2yd 2 x week Mon Thurs 3932 Central Ave NE 2 yd 1, x week Mon 3932 Central Ave NE 90-3 1 x week ,Wed 4225 Central Ave NE 2 yd 2 x week Mon Thurs 4225 Central Ave NE 90-2 1 x week Wed 4229 Central Ave NE 1.5 yd 2 x week Mon Thurs 4422 Central Ave NE 1 yd I x week Wed 4422 cent~il"A'w iklE ............ 90: 5 1 x Week .... Wed ........ 4653 Central Ave NE 4yd 1 x week Tues 4653, Central Ave NE 70-3 1 x week Wed 3849 Edgemoor Place 1 yd 1 x week Friday 3853 Edgemoor Place 1yd 1 x week Friday 3857 iEdgemoor Place 1yd 1 x week Friday 4556 Fillmore St. NE 1yd 1 x week IMon 3839 Hart Blvd Two 4 yds 3 x week MWF 3839 Hart Blvd two 1 yd 1 x week Wed 3709 Jackson St. NE 4 yd 1 x week Wed 3709 Jackson St. NE 90-2 1 x week Wed 3855 Jackson St.NE 1yd 1 x week Wed ~4-6-00' J~tm-~-o-n-Stv-NE -l~-d 1Tw-e~lr M~-n 4650 Johnson St. NE 6yd 1 x week Wed 4650 Jotmson St. NE 2yd 1 x week Wed 3915 Lookout Place 1 yd 2 x week Mon Thurs 3915 Lookout Place 90-2 1 x week Wed 3923 Lookout Place ' 4 yd 1 x week Tuesday 3923 Lookout Place 90-3 1 x week Wed 4534 Madison St. NE 1yd 1 x week Wed 4544 Madison St. NE 1yd 1 x week Wed 4545 Madison St. NE 1yd 1 x week Wed 4550 Madison St. NE 1yd 1 x week Wed 4556 Madison St. NE 1yd 1 x week Wed 4557 Madison St. NE 1yd 1 x week Wed 3725 Main St. NE 1yd 1 x week Wed 3819 Main St. NE 1yd 1 x week Wed 4255 Main St. NE 1yd 1 x week Wed 3838 McKinley St. NE 4 yd 3 x week MWF. 501 Mill St. NE 1yd 1 x week Wed 529 Mill St. NE 1 yd 1 x week Wed 4201 Monroe St. NE 1 yd 1 x week Wed 1000 Peters Place 2 yd 2 x week Mon Thurs 1000 Peters Place 70-4 1 x week Wed 1035 Peters Place !2 yd 1 x week Mon 1036 Peters Place 1 yd 1 x week Mon 1045 Peters Place 2 yd I x week Wed 3940 Peters Place 2 yd 2 x week Mon Thurs 3940 Peters Place 1 yd 2 Mon Thurs 3940 Peters Place [}0-2 1 x week Wed 4525 Pierce St NE 90-4 1 x week Mon 4619 Pierce StNE 4 yd 1 x week Thurs 4643 Pierce St NE 1 yd 1 x week Friday 4655 Pierce St NE 1 yd 1 x week Friday 4556 Polk St. NE lyd 1 x week Thurs 4640 Polk St. NE 2 yd 1 x week Thurs 4641 Polk St. NE 70-2 1 x week Friday 4648 Polk St. NE 2 yd 1 x week Friday 4210 Quincy St. NE 1 yd 1 x week Wed 3746 Stinson Blvd 2 yd 1 x week: Thurs 3746 Sfinson Blvd 90-3 1 x week Wed 3806 Stinson Blvd 4 yd 2 x week Mort Friday 3806 Stinson Blvd 90-4 1 x week Wed 538-4 Summit S~. NE lyd.' ...... 1 X we~ek ..... Wed 4529 Taylor St NE lyd 1 x week Mort 4529 Taylor St NE 1 yd 1 x week Friday 4555 Taylor St NE 1 yd 1 x week Friday 4341 Tyler Place NE 1 yd 1 x week Mort 4347 Tyler Place NE 1 yd 1 x week Mort 4353 Tyler Place NE 1 yd 1 x week Mort 3839 Tyler St. NE 1 yd 1 x week Mort 4546 Tyler St. NE 1 yd 1 x week Mon 4556 Tyler St. NE 1 yd 1 x week Mort 4615 Tyler St. NE 1 yd 1 x week Friday 4619 Tyler St. NE 1 yd 1 x week Friday 4625 Tyler St. NE 1 yd 1 x week Friday 4628 Tyler St. NE 6 yd 1 x week Tues 4633 Tyler St. NE 1yd 1 x week IFriday 4641 Tyler St. NE 2 2yd 1 x week !Friday 464t Tyler St. NE 90-4 1 x week Mort 4653 Tyler St. NE !.5 yd 1 x week Friday Rust 4653 Tyler St. NE 90-2 1 x week Wed 4657! Tyler St. NE 1.5 yd 1 x week Friday 43471 University Ave NE l l yd 1 x week Mort 4425 University Ave N-E 4 yd 1 x week Thrums 4609 University Ave NE 1yd 1 x week Thurs 4609 University Ave NE 90-1 1 x week Wed 4621 University Ave NE 2yd 1 x week Mort Thurs 4635 University Ave NE iyd i x week Thurs 4635 iUniversity Ave NE 90-3 1 x week Wed 4643 :University Ave NE 4yd 2 x week Tues Friday 4707 University Ave NE 4yd 2 x week Tues Friday 4733 University Ave NE 1yd 1 x week Thurs 4911 University Ave NE 2yd 1 x week Thurs 4911 University Ave NE 90-3 1 x week Wed 5025 University Ave NE 2 yd 1 x week Thurs 5025 University Ave NE 90-3 1 x week Wed 5141 University Ave NE 2 yd 1 x week Thurs 4441 University Ave NE 1 yd 2 x week~ Mort Thurs 5121 University Ave NE 4 yd 2 x week Tues Friday 3801 Van Buren St. NE 1 yd 1 x week Wed 3801 Van Buren St. NE 90-2 1 x week thurs 4032 Van Buren St. NE 2 yd 1 x week ·Wed 4032 Van Buren St. NE 70-2 1 x week Wed 4054 Van Buren St. NE 1 yd 1 x week Wed CITY OF COLUMBIA HEIGHTS CITY FACILITIES EXHIBIT B- 1 LOCATION DUMPSTER SCHEDULE Public Library 820 40th Avenue NE 1/1 yard including lock) Wed, Fri J.P. Marzyn Hall 530 Mill Street NE 2/4 yard Mon, Wed, Fri, Sat Huset Park (May-September) 530 Mill Street 1/4 yard Mon, Wed, Thur, Fri, Sat Top Valu Liquor Store 4340 Central Avenue ~ yard Wed (including lock) University Avenue Liquor Store 5225 University Avenue NE 1/5 yard Tues (including lock) City Hall 590 40th Avenue NE 1/4 yard Mon; Wed, Fri: ' ....... Municipal Service Center 637 38th Avenue NERoll-Off l~0yard Above collection services include recycling and yard waste collection at no additional cost. Parkview Villa 965 40th Avenue N.E · ½ yard Mon, Wed, Fri Above include recycling at cost of $1.53 per unit and yard waste collection at no additional cost. DOWNTOWN AREA STREETSCAPE CONTAINER S EXHIBIT B-2 Refuse from the containers included as part of the Downtown Streetscape as listed below will be collected five days per week (Monday - Friday) at.no additional cost to the City. (1) (1) (1) (1) (1) (1) (1) (1) (1) Container located halfway between Central Avenue and Van Buren Street, south side of 40th Avenue (directly in front of bus shelter) Container located on alley between, Central Avenue and Van Buren Street, south side of 40th Avenue, on public walkway (by northwest comer of 3970 Central Avenue, Dragon House Restaurant) Container located on Central Avenue, southwest comer of Central and 40th Avenue (directly in front of 3988 Central Avenue, All About Travel) Container located on west side of Central Avenue, between 3980 (Anoka County Government Center) and 3970 Central Avenue (Dragon House Restaurant) Container located on east side of Central Avenue between 40th Avenue and Gould Street, on the northwest comer of the Northeast State Bank property Container located at southeast comer of Columbia Park Clinic ramp, located north of 40th Avenue between Central Avenue and Van Buren Street Container located on northwest comer of Central Avenue and 40th Avenue, west side of the bus shelter in front of Columbia Park Clinic (4000 Central Avenue) Container located by 40th Avenue entrance to Columbia Park Clinic (4000 Central Avenue) Container located on west side of Central Avenue, between 40th Avenue and 41 st Avenue, on northeast comer of 4022 Central Avenue Container located on east side of Central Avenue, between 40th Avenue and 41st Avenue, just north of Columbia Heights Mall exit to Central Avenue (1) Container located on west side of Central Avenue, north of 41st Avenue, by park bench by Wargo Court EXHIBIT C CHAPTER 8 ARTICLE III SECTION 1 PUBLIC HEALTH AND SAFETY GARBAGE, RUBBISH AND ~CYCLABLE MATERIAL STORAGE CONTAINERS ORDINANCE NO.1334 BEING AN ORDINANCE AMENDING NO. 853, CITY CODE OF 1977 AND PERTAINING TO ORDINANCE 1231, GARBAGE, RUBBISH AND RECYCLABLE MATERIAL (Ord. 1231, eft. 10/9/91) Ord 1334---Dec 1996 8.301 (1) Every person who owns or occupies property within the City for business, commercial, industrial or residential purposes shall dispose of alt garbage, rubbish and recyclable material as defined herein, which may accumulate upon such property at least once a week. Yard waste as defined herein, which may accumulate upon such property shall be disposed of at least once a week during the yard waste season as determined by the City Manager. This provision does not apply to composting permitted by section 8.301 (6). For purposes of this code: (a) "Garbage" shall be defined as organic refuse resulting from the preparation of food and decayed and spoiled food from any source. (b) (c) "Rubbish" shall refer to all inorganic refuse matter such as tin cans, glass, paper, ashes, etc. "Recyclabl~ Materials" shall niean all itefftg ofi-6fu~e designated by the' Ci~ Manag6i- t6 b6 a part of iin authorized recycling program and which are intended for transportation, processing and remanufacturing or reuse. Section 1, 8.301 (1) (d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waste ,twigs and branches less than 4" in diameter. (e) (f) "Composting" shall mean any above ground microbial process that converts yard waste to organic soil amendments or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. "Sheet Composting" shall mean the spreading, incorporation or application of raw or composted yard waste onto land. Section 1, 8.301 (4) All accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.) in weight; (c) Bundles of newspapers and magazines tied securely and weighing less than. thirty-five pounds (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); ( e ) yard waste in plastic and paper biodegradable bags ( no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly fight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs) with handles, shall be placed at the curb line. And further that: (f) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; (g) small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35 lbs.); shall be placed on pick up day next to the garbage cans where alley pick up is available or at the curb line in areas where no alleys exist. Section 1 8.301 (5): (a) Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably_accessible from the fi'ont yard. Garbage cans must be removed from your curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. (b) Ail yard waste-in plastic and paper bags (no larger than the permitted 30 gallon garbage can liner size) not exceeding thirty-five pounds (35 lbs.), or a permanent, ventilated thirty-two (32) gallon fly fight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs.) with handles-shall be placed on the curb line on collecfion day. (c) All authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. 8.301(6) Composting is prohibited for any owner or occupant of property within the City for business, commercial, industrial or residential purposes, except as hereinafter provided: (a) Composting shall be established in such a manner so as not to create an odor or other condition that is a nuisance; Co) (c) Composting may consist of only yard waste, wood ash, and sawdust generated from the site on which the composting is located; Composting must be in a back yard and must be five (5) feet from any side or rear yard lot line and no closer than twenty (20) feet to any habitable building, other than the resident's own home, or less than two (2) feet from the alley if any alley exists; (d) (e) Comp osting shall be conducted within an enclosed container(s) not to exceed a total of one hundred (100) cubic feet in volume for city lots less than ten thousand (10,000) square feet, and five (5) feet high, the container(s) shall be of a durable material such as wood, block or sturdy metal fencing material; Sheet composting shall cover no more than .025 of the total area, and in no case exceed 500 square feet, must be in a back yard, and must have five (5) feet from any side or rear yard lot line. Sheet composting must be incorporated directly into the soil; and (f) None of the following materials shall be placed in the composting container(s): Meat, bones, fat, oils, dairy products, and other kitchen wastes, whole branches or logs, plastics, synthetic fibers, human or pet wastes and diseased plants. 8.301 (7) Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located immediately adjacent to the buildings which the containers serve. The location of the containers shall be in such proximity to the property that their appearance will not be evident from the street (a) Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. (b) Where it is physically hnpossible to place the containers behind the rear line of the main building, the container shall be placed as inconspicuously as possibl~ along the side of front of the building with appropriate screening or in such place as the Council may require. 8.301 (8) Major appliances are managed as a separate waste stream under Minnesota Statute 115A.9561. Major appliances are defined as: clothes washers and dryers, dishwashers, hot water heaters, garbage disposals, trash compactors, conventional ovens, ranges and stoves, air conditioners, refrigerators, freezers, humidifies, dehumidifiers and any other appliances specified in Minnesota Waste Management Act amendments. The City will establish a collection and disposal program for major appliances. Every household and every occupant or owner of any dwelling, house, boarding house, apartment buildings, or other structure utilized for dwelling purposes within the City of Columbia Heights must use the major appliance program made available by contract by the City of Columbia Heights. 8.301 (9) The presence of any garbage or rubbish on any property other than within a structure permitted by the Zoning Code within the City or in any container other than a container authorized by this section or in the presence of containers not conforming with the requirements of this section, except as specifically authorized by this section, shall constitute a public nuisance under this section and shall constitute an offense punishable under Section 8.301 (9) 8.3Ol (10) Every household and every occupant or owner of any dwelling, house, boarding house, aparanent building, or other structure utilized for dwelling purposes within the City must use the garbage and rubbish collection service as is made available by contract bY the City of Columbia Heights and its designated gm'bage and rubbish hauler. 8.3Ol (11) Any person, firm or corporation who causes any violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist is guilty ora misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than Seven Hundred Dollars ($700.00) or to knprisonment not to exceed ninety (90) days, or both, for each offense First Reading: 11-12-96 Second Reading: 11-25-96 Date of Passage: 11-25,96 Offered by: Ruettimann Seconded by: Jones Roll Call: all ayes Joseph Sturdevant, Mayor Jo-Anne Student, CoUncil Secretary CHAPTER 8 ARTICLE III SECTION 1 PUBLIC HEALTH AND SAFETY GARBAGE, RUBBISH AND RECYCLABLE MATERIAL STORAGE CONTAINERS EXHIBIT D (Ord. 1231 eft. 10/9/91) 8.'301 (1) Every person who owns or occupies, property' within the City for business, commercial, industrial or residential purposes shall dispose of all garbage, rubbish and recyclable material as defined herein, which may accumulate upon such property at least once a week. Yard waste as defined herein, which.may accumulate upon such property shall be disposed of at least once a week during the yard waste season as determined by the City Manager. This provision does not apply to composting permitted by section 8.30'1 (6). For purposes of this code: (a) "Garbage'' shall be defined as orgmfic refuse resulting from the preparation of food and decayed and spoiled food from any source. (b) "Rubbish" shall refer to all inorganic refuse matter such as tin.cans, glass, paper, ashes, etc. (c) "Recyclable Materials" shall mean all items of refuse designated by the City Manager to be a part of an authorized recycling program and which are intended for .transportation, processing and remanufacturing or reuse. (d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waste,, and soft bodied green herbaceous material under one inch (1") in diameter. (e) "Composting" shall mean any above ground microbial process that converts yard waste to organic soil amendments or mulch by decomposition, of material t!~rough mn_ aerobic process providing adequate oxygen and moisture. (f) "Sheet Composting" shall mean the spreading, incorporation.or application of raw or composted · yard waste onto land. 8..30i (2) Every person responsible under this section, except as other~vise provided below, for the disposal of rubbish and garbage shall provide for the storage of such matter between periods of collection, one or more fly tight metal or thermoplastic garbage containers of up to thirty-two' (32) gallon or seventy-five (75) pound capacity.. The containers shall be tightly covered to prevent exposure of the contents to potential fly or vermin infestation and shall be provided with handles for ease of liftingl Containers for the storage of garbage and rubbish shall be maintalned in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which eu'e damaged, broken, or otherwise create a nuisance or menace to public hea!th~ safety and general welf~e shall be replaced with acceptable containers. Disposal of yard waste shall be from plastic or paper biodega'adable bags no larger than thh-ty-five (35) gallon garbage can liner size not exceeding thirty-five pounds (35 lbs), or a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container which is clearly identified as containing yard waste and weighing no more than seventy-five pounds (75 lbs.). Containers for the storage of yard Waste shall be maintained in a manner which will prevent the creation of a nuisance or menace to the public health, safety and general welfare. Containers which are damaged, broken or othe~wvise create a nuisance or menace to public health, safety and general welfare shall be replaced with acceptable containers One authorized thermoplastic recycling container for the collection and storage of recyclable material shall be distributed to each unit in residential buildings of eleven (11) or fewer units. 'The authorized recycling container is the property of the City. No person, f~rm or corporation, unless authorized by the City Manager, may remove a recyclingcontainer from the premises on which the unit is located. 8.301 (3) Notwithstanding the provisions of 8.301 (2), persons responsible under this section for the disposal of rubbish or garbage at all apartment structures containing three (3) or more units, and at each commercial and industrial establishment, or restaurant necessitating the storage and disposal of garbage and rubbish, shall utilize a vat se~wice in lieu of the above requirements. Such vats shall be designed with the proper attachments for lifting onto refuse thinks. 8.301 (4) All accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) (b) ta'ee limbs with diameters of less than four inches (4") and lengths 0fless than four feet (4') tied into.bundles, said bundles not exceeding eighteen inches (18") in diameter; leaves, grass or rubbish in waterproof cOntainers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.) in weight; (c) Bundles of newspapers and magazines tied securely and weighing less than thkty-five pormds . (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e) small.household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35 lbs.); yard waste in plastic and paper biodegradable bags ( no larger than permitted 30 gallon garbage can liner size), not exceeding thi,'ty-five pom~ds (35 lbs.), or. a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container weighing no more thm~ seventy-five pounds (75 lbs) with handles; and (g) stone, sod,' em~, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, 'carpet padding, mattresses, chairs, couches, tables and other such items of furniture; shall be placed on pick up day next to the garbage cans where alley pick up is available or at file curb line in areas Where no alleys exist. 8.301 (5)'Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property, adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. Garbage cans must be removed from your curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. All authorized yard waste containers shall be placed on the alley line, where alleys are platted and open, separated fi'om garbage m~d refuse, or at the curb line in areas where no alleys exist. All authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. 8.301 (6) Composting is prolfibited for any owner or Occupant ofprope~y within the City for business, cormnercial, industrial' or residential purposes, except as hereinafter provided: (a) Composting shall be established in such a manner so as not to create ma odor or other condition that is a nuisance; (b) Composting may consist of only yard waste, wood ash, and sawdust generated froln the site on which the composting is located; (c) Composting must be in a back yard and must be five (5) feet from any side or rear yard lot line and no closer than twenty (20) feet to any habitable building, other than the residenfs own home, or less thm~ two (2) feet from the alley if any alley exists; (d) Composting shall be conducted within an enclosed container(s) not to exceed a total of one hundred (100) cubic feet in volume for city lots less than ten thousand (10,000) square feet, and five (5) feet high, the container(s) shall be of a durable material such as wood, block or sturdy metal fencing material; (e) Sheet composting shall cover no more than .025 of the total area, and in no case exceed 500 square feet; must be in a back yard, and must have five (5) feet from any side or rear yard lot line. Sheet composting.must be incorporated directly into the soil; and (f) None of the following materials shall be placed in the composting container(s): Meat, bones, fat, oils, dairy products, and other kitchen wastes, whole branches or logs, plastics, synthetic fibers, human or pet wastes and diseased plants. 8.301 (7) Refuse or garbage for commercial and industrial properties shall be located to the rear property line of the building. Said containers shall be located itumediately adjacent to the buildings which the containers serve. The location of the containers shall be in such proximity to the property that their appearance will not be evident from the street (a) Where practical, said containers shall be screened by appropriate fencing and/or shrubbery. (b) Where it is physically in, possible to place the containers behind the rear line of the mafia building, the container shall be placed as inconspicuously as possible along the side of front of the building with appropriate screening or in such place as the Council may require. 8.301 (8) Major appliances are managed as a separate waste stream undei: Mi~mesota Statute 115A.9561. Major appliances are defined as: clothes washers and dryers, dishwashers, hot water heaters, garbage disposals, trash compactors, conventional ovens, ranges and stoves, air conditioners, refrigerators, freezers, humidifiers, dehmuidifiers emd any other appliances specified in Mflmesota Waste Management Act amendments. The City will establish a collection and disposal progrm~ for major appliances. Every household and every occupant or owner of any dwelling, house, boarding house, apartment buildings, or other structure utilized for dwelling pmt)oses within the City of Colm-nbia Heights must use the major appliance program made available by contract by the City of Columbia Heights. 8.301 (9) The presence of any garbage or rubbish on any property other than within a structure pernfftted by the Zoning Code within the City or in any container other than a container authorized by this section or in the presence of containers not cmfforming with the requirements of this section, except as specifically authorized by tiffs section, shall constitute a public nuisance under this section and shall constitute'an offense punishable m~der Section 8.301 (9) 8.301 (10) Every household and every Occupant or owner of any dwelling, house, boarding house, aparauent building, or other structure utilized for dwelling purposes within the City must use the garbage and rubbish collection service as is made available by contract by the City of Columbia Heights and its designated garbage and rubbish hauler. 8.301 (11) gaxy person, firm or corporation who causes emy violation of any provision of this section or who owns, maintains, or has a superior possessory interest in any estate where violations of the provisions of this section exist is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a f'me of not more than 'Seven Hundred Dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense o EXHIBIT E CITY OF COLUMBIA HEIGHTS RECYCLING CENTER The City of Columbia Heights will provide a rec.ycling area for use by the general public. It will be secured, except during specified hours each week. During open hours, the Contractor and the City will work with a local organization to provide manpower to supervise materials discarded and verify the residence of persons using facility. The collection center is located at 3801 Madison St. NE. It consists of a secured area of approximately 30 feet by 50 feet. The contractor will furnish containers for newspaper, mixed paper, glass bottles andjars, plastic bottles, and metal cans and any other material designated by the City. The contractor will also furnish a 20 yard roll-off for scrap metal and two 4-6 yard containers for con'ugated cardboard and a cage for de-rimmed tires. The Contractor shall properly label all containers. Contractor shall empty or replace containers as they reach full capacity. Non-recyclable items shall be removed weekly by the contractor. A permanent deck/stairs allowing access to the scrap metal container shall be provided and maintained by the City. Contractor or a designated local organization;, shall keep.the yard open and staffed for the collection of such materials every Saturday of the month from 9:00 am to 1:00 pm, or such other hours as are mutually agreeable. The City and Contractor shall share equally in the cost of any promotional programs for the center. No program or expenditure to promote the center shall be made without express approva! of the City and Contractor. Any civic organization that operates the recycling center must provide insurance coverage for its members and public liability in amounts and in a form satisfaciory to the City. Contractor will charge no hauling fees for the first 12 roll-offboxes of glass, the frrst 30 roll-off boxes of metal and the first 48 boxes of cardboard and newspaper hauled per calendar year. Contractor will charge no hauling fee for the four 4-yard containers for aluminum cans/steel/plastics/tires/refuse. Any roll-off boxes hauled in excess of those hauled without charge shall be billed to the City at the rate of one-half the amount paid the recyclable material handler or the hauling rate of $60.00/hour, whichever, is the lesser amount. Contractor shall determine, subject to the approval of the City of Columbia Heights, where all recyclable material will be taken. Handling costs must be considered as gemfinely material to the selection of the recycling material handler. The City will consider advantages to the hauler as well as the civic organization and the City in determining whether or not to approve a handler selected by the Contractor. City shall receive all monies under this exhibit directly from the recyclable material handler. Contractor shall be responsible for dh'ecting the recyclable material handler to forward all monies paid under this exhibit, to the City. City shall pay organizations involved for all material so delivered by the 15th of the month following the month in which the payment received is fi'om the recyclable material handler, subject to withholding an mount equal to the obligation of the City to pay Contractor under obligations stated in Section #8 of this exhibit. Docmnentation such as weight tickets and pay slips will be kept on permanent file by the Contractor and produced on request by the City. The Contractor will submit a monthly report indicating the amom~ts of each kind of material delivered to the recyclable material handler, as well as mounts paid for the material by the 15th of the month following collection. Such reports shall be in a mmmer approved by the City of Columbia Heights. 10. Should the drop-off recycling program be unable to operate due to no commitment of manpower from local city organizations, the program may be discontinued on thirty days written notice at the option of the Contractor. If the program is discontinued, the Contractor will be responsible for providing notification of such discontinuance to all residences within the City. In the event the program is discontinued, all items which would otherwise be collected at the recycling center, will be placed for collection at the residences in accordance with collection terms of the contract. Contractor will collect any such otherwise recyclable items, except tires, in accordance with the contract at no extra charge to the City or its residents. 11. Rimless tires shall continue to be collected from the Recycling Center in the event the Recycling Center is discontinued. EXHIBIT F RESOLUTION S8-83 BEING A RESOLUTION ADOPTING AN AFFIR/~ATIVE ACTION PROGRAM VHE~AS, the City Council of the City of Columbia Heights endorses the principle of equal employment opportunity, and; WHEREAS, the City Council desires to reaffirm its lone standing commitment to equal employment 9pportunity; NOW, THEREFORE, BE IT RESOLVED that it is the policy and intent of the City Council of the City of Columbia Heights to provide equality of opportunity in employment to all persons and to prohibit discrimination because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status in regard to public destitution in all aspects of the City's personnel policies, programs, and practices; and, ~E IT FURTHER ~ESOLVED that the City Council adopts the Affirmative .Action Program and Policy date'd November 30, 1988, a copy of which is available for review at the office of'City Manager, and directs the City Manager to ensure this program is implemented to its fullest. Passed this 27th day of December , 1988. Offered by: Peterson Seconded by: Carlson Roll Call: Al] ayes o-Anne Student, Council Secretar~ Dale V. Hadtrath, Mayor CITY OF COLUMBIA HEIGHTS Exhibit G SINGLE FAMILY ANDMULTI-UNIT ' Rates COLUMBIA HEIGHTS Refuse, Recycling & Yardwaste Monthly Rates 2004-200!9 with BFI Waste Systems SERVICE LEVEL Current Year-2004 1st Year-2005 2nd Year-2006 3rd Year-2007 4th Year-2008 5th Year-2009 5074 90 Gallon cart Full Service $11.67 $10,44 $10.44 $10,60 $10.7,6 $10,92 424 60 Gallon Cart No Extras . $10.72 $10.40 $10.40 $10,56 $10.72 $10,88 171 32 Gallon Cart No Extras $9,20 $9,00 $9,00 $9,14 $9,28 $9,42 241 Senior-32 Gall Includes extras $9,20 $9.00 $9,00 $9.14 $9,28 $9,42 5910 MULTIPLE DWELLING ACCOUNTS: 56 (1) - 1 yard. with 1 pick up per week $31,54 $12.00 $12.00 $12,18 $12,36 $12.55 .. 9 (1) - 1 yard with 2 pick up per ~veek $56,50 $26,00 $26.00 $26.39 $26.79 $27.19 1 (1) - 1 yard with 3 pick up per week $87.93 $39.00 $39.00 $39.59 $40;18 $40,78 5 (2) - 1 yard with 1 pick up per week $47,83 $26.00 $26,00 $26.39 $26.79 $27,19! 1 (2) - 1 yard with 2 pick up per week $107.15 $55,00 $55,00 $55,83 $56,66 $57,51 1 (1) - 1 1/2 yd with 1 pick up per week $43.95 $20,00 $20,00 $20.30 $20,60 $20,91 0 (2) - 1 1/2 yd with 1 pick up per week $87,93 '$40,00 $40,00 $40.60 $41,21 $41,83 3 (1) - 2 yard with 1 pick up per week $66.04 $26.00 $26,00 $26.39 $26.79 $27.19 1 (1) - 2 yard with 2 pick up per week $142.10 $52.00 $52.00 $52.78 $53.57 $54.38 2 (2) - 2 yard with I pick up per week $138.88 $52.00 $52.00 $52.78 $53.57 $54.38 2 (2) ~ 2 yard with 2 pick Up per week $258.35 $108,00 $108:00 $109.62 $111.26 $112.93 ~ (1) - 3 yard with 1 'pick up per week $97.17 $40,00 $40.00 $40.60 $41.21 $41.83 I (1) 1 & (1) 2 yd with 2 pick up per week $202.23 $79.00 $79.00 $80.19 $81.39 $82.61 20 (1) - 4 yard with 1 pick up per week $96.99 $52.00 $52.00 $52.78 $53.57 $54.38 7 (1) - 4 yard with 2 pick up per week $177.40 $108.00 $108.00 $109.62 $111.26 $112.93 2 (1) - 4 yard with 3 pick up per week $280.75 $161.00 $161.00 $163.42 $165.87 $168.35 I (2) - 4 yard with 3 pick up per week $363.35 ~ $330.00 $330.00 $334.95 $339.97 $345.07 I (1) - 6 yard with I pick up per week $157.49 : $79.00 $79.00 $80.19 $81.39 $82.61 OTHER FACILITIES: Current Year-200~ 1st Year-2005 2nd Year-2006 3rd year-2007 4th Year-2008 5th Year-2009 I '. COMPACTED GARBAGE: Crestview Lutheran Home/The Boulevard (less ! $10 for own vat) (1} - 2 yd w/6 pu/week $778.39 $650.00 $650.00 $659.75 $669.65, $679.69 NON-COMPACTED GARBAGE: Heights Manor/3850 Stinson Blvd (less $10 for own vat) (1) - 2 yd w/2 pu/wk $122.93 $122.93 $122.93 $124.77 $126.64 $128.54 Royce Place (less $10 for own vat) (1) - 2 yd w/2 pu/wk $122.93 $122.93 '$122.93 $124.77 $126.64 $128.54 CITY FACILITIES: Library, 820 40 Avenue NE · (1) - 1 yd wi2 pu/week $103.18 " $0.00 $0.00 $0.00 $0~00 $0.00 JP Murzyn Hal, 530 Mill Street NE (2) - 4 yd w/4 pulweek $436.61 $0.00 $0.00 $0.00 $0.00 $0.00 Top Valu Liquor, 4340 Central Avenue NE (1) -2 yd wi1 pu/week $69.94 $0.00 $0.00 $0.001 $0.00 $0.00 Top Valu Liquor II, 2241 37TH Ave NE (1) - 1 yd wi1 Pu/week $31.54 $0.00 $0.00 $0.00 $0.00 $0.00 Univ. Ave. Liquor, 5225 Univ. Ave. NE (1) - 5 yd w/'l pu/week $109.76 ~ $0.00 $0.00 $0.00 $0.00 $0.00 City Hall, 590 40 Avenue NE (1) - 4 yd w/3 pu/week $261.86 $0.00 $0.00 $0.00 $0.00 $0.00 Huset Park (May - September) (1) - 4 yd wi5 pu/week. $419.06 $0.00 $0.00 $0.00 $0.00 $0.00 Municipal Serv ce Center, 637 38th Ave. NE (1) - 20 yd wi1 pu/week $1,262.73 $0.00 $0.00 $0.00 $0.00 $0.001 Parkview Villa 965 40th Avenue NE (3) - 2 yd wi3 pu/week $322.22 . $0.00 $0.00 $0.00 $0.00 $0.00 City Facilities Total $3,016.90 $0.00 $0.00 $0.00 $0.00 $0.00 RECYCLING 5910 Residential $2.401 $2.02 $2.02 $2.05 $2.08 $2.11 1818 Multiple Dwelling $1.61 $1.61 $1.61 $1.63 $1.65 $1.67 YARDWASTE: · 5910 Residential $1.62 $1.62 $1.62 $1.64 $1.66 $1.68 0 Multiple Dwelling NA . NA NA CITY OF COLUMBIA HEIGHTS AFFIRMATIVE ACTION POLICY AFFIRMATIVE ACTION COMPLIANCE FORM By the City Council In accordance with Council Resolution #88-83, being a resolution adopting an Affirmative Action Program, it is the policy and intent of the City Council of the City of Columbia Heights to provide equality of opportunity in employment to all persons and to prohibit discrimination because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status in regard to public destitution I all aspects of the City's personnel policies, programs, and practices; and, It shall be the policy of the City of Columbia Heights to require that all major Contracts with the City require the contractor to comply with the standards of equal employment and anti-discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Oppommity Act, and Minnesota Statute 181.59 as ameneded. CERTIFICATION BY PROPOSER Proposer's Name: BFI Waste Systems of North America, Inc. Address: 8661 Rendova Street Circle Pines, Mn 55014 Certification - The above Contractor or Vendor now has an established Affirmative Action Program. Tom Chovan Name and Title of Signer ~!ease Print or Type) DA'TE Signature CITY OF COLUMBIA HEIGHTS AFFIDAVIT OF NON-COLLISION I herby swear (or affirm) under the penalty for perjury: That I mu the proposer (if the proper is an individual), a partner in the propose (if the proposer is a partnership) or an officer or employee of the proposing corporation having authority to sign on its behalf (if the proposer is a corporation); That the attached proposal or proposals have been arrived at by the proposer independently, and have been submitted without collusion with, and without any agreement, understanding, or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to proposal, designed to limit independent proposing or competition; That the contents of the proposal or proposals have not been communicated by the proposer or its employees or agents to any person not an employee or agent of the propser or its surety of any bond furnished with the proposal or proposals, and will not be communicated to any such person prior the official opening of the proposal or proposals; and, That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed .-/~7 JA~ ..,~ Firm Name: BFI Waste Systems of North America, Inc. Subsqribed and swoxn to before me This &~x day of~,~o~2u¢~n.~ , 20 0 ~ ~ot~ Public My Commission expiresJ o_~ t4~ Contractor's E.I. Number: ~j g~--N~tary Public ~ ~~ ' Minr~esota _~ (Number used on Emplyer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941): 41-0673360 CITY OF COLUMBIA HEIGHTS O.S.H.A. COMPLIANCE EMPLOYEE HEALTH, SAFETY, AND WELFARE The Contractor shall provide and maintain all sanitary and safety accommodations for the use and protection of his employees as may be necessary to provide for their health and welfare and comply with State, Federal and local codes and regulations, as well as those of other bodies and tribunals having jurisdiction. Employee safety and sanitations facility regulation are set forth in M.S, 182 and in the Department o£Labor and Industry's Labor Safety Code (Lies..73-75). BFI Waste Systems of North Ameriea~ Inc. Legal Name of Person, Firm or Corporation By: Thomas Chovan Title: General Manager Address: 8661 Rend°Va St. Circle Pines MN 55014 Legal Residence: Yes CITY OF COLUMBIA It-EIGHTS Statement of Qualifications Provide in detail, information relative to the sections listed below as it relates to garbage, recycling and yard waste collection. Attach additional comments if more space is required. Similar Municipal contracts: (Name of Municipality & Contract Years) White Bear Lake Township 1999 to present Tonka Bay 1997 to Present Contract Equipment:, (List number of, type, age of trucks, age of compactor, containers, etc.) (1) Recycle track- 1999 International Heil (3) 1995 IHC with 20 yard McNeilus (1) 1995 IHC with 25 yard McNeilus (1) 2000 IHC with 25 yard McNeilus (1) 1996 Mack with Galbreath Roll-off (1) 2004 Mack with 32 yard EZ Pack (1) 1999 Mack with 32 yard McNeilus All containers will be either new or re-conditioned Contract Personnel: (List positions and number: Supervisory, Clerical, Drivers, Collections, Division Vice President- 1 Operations Manager- 1 Supervisor- 2 Clerical - 6 Drivers- 12 Contract Disposal Sites: (Name & Address) Resource Recover Facility Located on 165th St. and Highway 10 Corporate llistor~ and Structure: (Partnership, Corporation, etc .... , names of Officers; Indicate any recent major changes such as mergers, etc.) BFi Waste Systems of No~ America, Inc. has been servicing the metropolitan area residents since the mid 1940's. We are a wholly-owned subsidiary of Allied Waste, Ind. Our authorized agent is Thomas Chovan (see attached corporate resolution). Additional comments: (Attach additional pages.) Its: Authorized Agent Company Name: BFI Waste Systems of North America, Inc. CERTll~ICATE OF DIST~CT VICE P~SIDENT The undersigned, District Vice President of BFI Waste Systems of North America, Inc. a Delaware corporation that is qualified to do business in the State of Minnesota (the "Company"), hereby certifies that the following is a true and correct copy of the resolution which was duly adopted by written consent of the sole Director of the Company on October 25th, 2004, that such resolmion has not been rescinded, amended or modified in any respect, and is in full force and effect on the date hereof: RESOLVED, that any individual at the time holding the position of Division General Manager is hereby appointed an Authorized Agent to act in the name and on behalf of the Company in connection with the dayZto-day business activities of the Company, and has the authority as an Authorized Agent to execute any bid, proposal or contract for the sale or rental of the products of the Company or for services to be performed by the Company and to execute any bond required by any such bid, proposal or contract. I further certify that Thomas Chovan is a duly authorized agent of the Company and that there is no current intention to remove this individual from such position. WITNESS MY HAND, this l0th day of January, 2005. Paul Rosland DiStrict Vice President CNA INSURANCE COMPANIES EXTENSION CERTIFICATE (To be filed with the Obligee) BOND NUMBER: 929124429 To be attached to Bond described below, executed by NATIONAL FIRE INSURANCE COMPANY OF HARTFORD as Surety: PRINCIPAL: BFI Waste Systems of North America, Inc. OBLIGEE: City of Columbia Heights DESCRIPTION: Garbage, Rubbish, Recycling & Yard Waste Collection SaidPrinc]Pal and S~d~Sure~-here~y agre-e that' th~ tei-/n/)f~S~ii'd'bon~l i~-~xtended from January 1, 2005 to December 31, 2005; subject to all other provisions, conditions and limitations of said bond, upon the express condition that Surety's liability thereunder during the original term of said bond and during'any extended term shall not be cumulative and shall in no event exceed the surn, of $120,000.00. IN WITNESS WHEREOF, the saidPrincipal and Said Surety have signed or caused this Certificate to be duly signed and their respective seals hereto affixed as follows: Signed, Sealed, and Dated: November 9, 2004. BFI Waste Systems of North America, Inc.. (Principal) NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ~ Mehssa Haddick, Attorney-in-Fact CNA For All the Commitments You Make November 9, 2004 NOTICE In accordance with the Ten'orism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the followh~g companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the _Act was Zero Dollars ($0~00). - DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 pOWER OF ATTORNEY .Allied Waste IndustrSes, Inc., incorporated under the laws.of the State of Delaware, and having its chief place of business at 15880 N. Greenway-Hayden Loop, Suite 100, Scotrsdale, Arizona 85260. hereby makes, constitutes and appoints Marsh USA Inc. acting throu~] and by any of Robe~ Bruce, Donald R. Gibson, Melissa Haddick, Mary.. Ann Garcia, Richard Covin~on and Sm~dra Parker, its true and lawful attorney and affix irs corporate seal ro and deliver for and on behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: Surety bonds and/or bid bonds to the United Stares of America or agency thereof, including those required or permitted under the laws or regulations relating to Customs or InternaL. Revenue: license and permit bond~ or other indemnity bonds under the laws, ordinances or reg'ulations of any stare: city., town, village, board, other body organization, public or private: bonds to transportation companies; lost instrument bonds; lease bonds; worker's compehsation bonds; miscellaneous suret.'y bonds; and bonds on behalf of notaries public; sheriffs, deputy sheriffs and similar public officials. Surety. bonds and/or bid bonds on behalf of Allied Waste ]~ndustries, Inc. and irs subsidiaries, including, .but not. limited to, Allied Services, LLC, ,~!!ied..~.a_~t~e~_ N.o~h America, Inc.. Allied Waste Systems, [nc., Allied Waste Transportation, Inc... A_mer]can Disposal Scow'ices of Missouri, inc., BFI Waste Systems of North America,. Inc. and BFI Waste Services, LLC in connection with bids, proposals or contracts. To si~ and seal all bid bonds and surety bonds on behalf of Allied Waste Industries, Inc. and its sUbsidiaries, relating to the provision of solid waste collection, transportation, recycling or d'isposal services by Allied Waste Industries, Inc. and irs subsidiaries. Allied Waste Industries, Inc. hereby a~ees to radS' and confirm whatsoever Marsh USA Inc. shall lawfully do pursuant to this power of attorney and the letter a~reement dated October 29, 2002 between Marsh USA Inc and .Allied Waste Industries. Ir~c. and until notice or revocation has been given by Allied Waste Industries, Inc. the acts of said attorney shall be binding on the undersized. IN WITNESS WHEREOF, this Power of Attorney has been signed this ~ i day of November, 2002, on behalf of Allied Waste Industries, inc. by its Vice President, Legal, Steven M. Helm. ALLLED WAST.-E~"INDUSTRIES, ff4C., a Steven M. ~'1 n~." ~'' STATE OF ARIZONA COUNTY OF MAR2COPA .I-!e hTl. Subscribed and sworn to before me this ,,~ day of Novernbe:'. '00'~_~ ~, by Steven M. . - !/......f, .~gm~ vum~c / ,.' ~oo~~~] ' 15880 N. Greenway-Hayden Loop, Sre. 100 / Sco~s~le, ~ 85280 POWER OF ATTORNEY APPOINTING IWD~UAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty. Company, an Illinois corporatioh, National Fire Insurance Company of Hartford, a Connecticut corporation; and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein ca[lcd "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Donald IL Gibson. Sandra Parker, Robert L. Bruce, Jacqueline Kirk, Terri Morrison, Melissa Itaddiek, Tennis Mattson, Individually of Houston, TX, their true and lawful Attomev(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory insWaments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given [s hereby ratified and confirmed. · This Power of Attorney is made and executed pursuant to and by authority, of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof: the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 6th day of August, 2003. -cisntin~htal casfial¢ C6mpins, National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Michael Gengler President State Oflliinois, County of Cook, Ss: On this 6th da>' of August,. 2003, before me personally came Michael Gengler to me known, w. ho, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire InsuranCe'Company of Hartford, a Connecticut corporation; and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authoritY, given by the Boards of Directors of said .corporations and that he signed his name thereto pursuant to like anthofity, and acknowledges same to be the act and deed of said corporations. I' ELIZA PRICE ·, , r v Puml~ tv~y Corranission Expkes September t 7, 2000 Eliza Prii:e CERTIFICATE I..,'vlarv A. Pdbikawskis, Assistant Secretary. of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Harfft;rd. a'Connecticut corporation, and American Casualty. Company of Reading, Pennsylvania,. a Pennsylvania corporation do hereby certify, that the Power o~'Attorney herein above set forth is still in force, and further certify, that the By-Law and Resolution of the Board of Directors of the corporations printe~t~ the reverse hereof i} still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania M Assistant Secretary /1 ,1 (I 10 I '6' :J ALLIED WASTE December 15, 2006 To Whom It May Concern: Enclosed please find your 2007 renewal bond from Allied Waste, Blaine, Minnesota. If you have any questions regarding this bond please contact me at (763) 259-5575 or by email Richard.Picht@awin.com. Best regards, '/2c/10)d'~ Richard Picht, Division Controller Enclosure 8661 Rendova St NE, P:O, Box 39 Circle Pines, MN 55014 763.784,2104/ FAX 763,784,0809 www.alliedwaste.com CNA INSURANCE COMPANIES EXTENSION CERTIFICATE (To be filed with the Obligee) BOND NUMBER: 929124429 To be attached to Bond described below, executed by 'Western Surety Company as Surety: PRINCIP AL: Allied Waste Services of North America, LLC OBLIGEE: City of Columbia Heights DESCRIPTION: Garbage, Rubbish, Recycling & Yard Waste Collection Said Principal and said Surety hereby agree that the tenn of said bond is extended from January 1,2007 to December 31,2007; subject to all other provisions, conditions and limitations of said bond, upon the express condition that Surety's liability thereunder during the original tenn of said bond and during any extended ternl shall not be cumulative and shall in no event exceed the sum of $120,000.00. IJ\T WITNESS VlHEREOF, the said Principal and Said Surety have signed or caused this Certificate to be duly signed and their respective seals hereto affixed as follows: Signed, Sealed, and Dated: October 17, 2006. Allied Waste Services of North America, LLC (Principal) CNA For All thc Commitmcnts You Makc jAl~~~~I~T~ I~~!~ POWER OF ATTORNEY Allied Waste Industries, Inc., incorporated under the laws of the State of Delaware, and having its chief place of business at 15880 N. Greenway-Hayden Loop, Suite 100, Scottsdale, Arizona 85260, hereby makes, constitutes and appoints Marsh USA Inc. acting through and by any of Donald R. Gibson, Sandra Parker, Melissa Haddick:, Richard Covington, Joe Martinez and Tannis Mattson" its true and lawful attorney and affix its corporate seal to and deliver for and on behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: 1. Surety bonds and/or bid bonds to the United States of America or agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; license and permit bonds or other indemnity bonds under the laws, ordinances or regulations of any state, city, town, village, board, other body organization, public or private; bonds to transportation companies; lost instrwnent bonds; lease bonds; worker's compensation bonds; miscellaneous surety bonds; and bonds on behalf of notaries public; sheriffs, deputy sheriffs and similar public officials. 2. Surety bonds and/or bid bonds on behalf of Allied Waste Industries, Inc. and 1tS subsidiaries, including, but not limited to, Allied Services, LLC, Allied Waste North America, Inc., Allied Waste Systems, Inc., Allied Waste Transportation, Inc., American Disposal Services of Missouri, Inc., BFI Waste Systems of North America, Inc. and BFI Waste Services, LLC in connection with bids, proposals or contracts. To sign and seal all bid bonds and surety bonds on behalf of Allied Waste Industries, Inc. and its subsidiaries, relating to the provision of solid waste collection, transportation, recycling or disposal services by Allied Waste Industries, Inc. and its subsidiaries. Allied Waste Industries, Inc. hereby agrees to ratify and confirm whatsoever Marsh USA Inc. shall lawfully do pursuant to this power of attorney and the letter agreement dated October 29. 2002 between Marsh USA Inc. and Allied Waste Industries, Inc. and 1.U1til notice or revocation has been given by Allied Waste Industries, Inc. the acts of said attorney shall be binding on the undersigned. IN WITNESS WHEREOF, this Power of Attorney has been signed this 01/.J day of December, 2005, on behalf of Allied Waste Industries, Inc. by its Executive Vice President, General Counsel and Corporate Secretary, Steven M. HelIn. STATE OF ARlZONA ) )33. COUNTY OF MARICOPA) Helm. Subscribed and sworn to before me this dlJday of December. 2005, by Steven M. 6) NoCery Public stale of Anmna Mai'loOpa County Su~nne A WItlb Expires $epternl)\lt 1 7 2008 ./'J~A"~*,~ C~ //k / ~tary Public 15880 N. Greenway-Hayden Loop, See. 100/ Scortsdale, N.. 85260 4B0627.2700 /480,627.2701 FAX Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having iis principal office in the City of Sioux Fans, and State of South Dakota, and that it does by virtUe of the signature and seal herein affixed hereby make, constitute and appoint Sandra R Parker, Donald Gibson, Jacqueline Kirk, Terri Morrison, Tannis Mattson, Robert L Bruce, Melissa Haddick, Richard Covington, Mary Ann Garcia, Joe Martinez, Curtis Willeford, Gina Rodriguez, Individually of Houston, DC, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalfbonds, undertakings and other o~igatory ins~ments of similar nature - In Unlimited Amounts- and to bind it thereby as fully and to the same extent as ifsuch instruments were signed by a duly authorized officer of the corporation and all the acts ofsnid Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 19th day of January, 2004. ~P.r.t~ it"" \'o.o~~ s~ o"f. --'J! "",\ ~:;: .. ... ~I \~1~>:1 '-:CV... _ ..."i1'':/ ~ WESTERN SURETY COMPANY <<L,r;:q4 . Paul :Y.Bruflat, Senior Vice President State of South Dakota County of Minnehaha } ss On this 19th day of January, 2004, before me personally carne Paul T. Brullal, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; ~hat it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30,2006 +~~~~~~~~~~~~~~~~~;~~~~~i I . r I D.KRELL I I . .. ...... r I~... .NOTARY PUBUC~' r I SEAL'. ...... SEAL r I. SOUTH.DAKOTA . r .r . . .. ....r +~~~~~~~~~~~~~~~~~~~~~~~+ ~ ~~bH' CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscnoed my name and affixed the seal of the said corporation this 17"1:;;b. day of {)eTO;(::)/:~~ ,;;q;ot:, 4~1" f~"iQ~?OR..g-,"~; ~::\<I ~j~i ~~~~7 ~ WESTERN SURETY COMPANY Fonn F4180-Dt-01 cr- ...... . . ~. arlL "'>:".::...)1.... . . '-:.:'. ...:......:J.;:.1'lclsi:l;1. AsSistant secretary . . . . - a`6~, A~CORD CERTIFICATE OF LIABILIT I M Y NSURANCE page 1 of 3 12/18/2008 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis xteH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Allied Waste North America, Inc. INSURERA:Zurich American Insurance Company 16535-007 (Named Insd. Cont. Below) 18500 North Allied Way INSURER B: American Zurich Insurance Company 40142-001 Phoenix, AZ 85054 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE 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 L R DD' N TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DA E MM/DD LIMITS A ~ I GENERAL LIABILITY GL0594527700 1/1/2009 6/30/2009 EACH OCCURRENCE $ 3 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence $ 10 0 Q Q 0 ~ CLAIMS MADE ~ vCC:UR ~ MED EXP (Any one person) $ PERSONAL&ADVINJURY $ 3 QQQ QQQ GENERAL AGGREGATE $ 5 QQQ Q Q Q GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 5 QQQ Q Q Q X ,POLICY PRO ~ E T LOC A AUT OMOBILE LIABILITY BAP594527600 1/1/2009 6/30/2004 COMBINED SINGLE LIMIT ]{ ANY AUTO (Ea accident) $ 5~ 0 0 0 i 0 0 0 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person} $ , HIRED AUTOS BCDiLY IiJJURY NON-OWNED AUTOS , (Per accident} $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLALIABILITY EACH OCCURRENCE $ _ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B I WORKERSCOMPENSATIONAND ' WC594527300 1/1/2009 6/30/2009 X ORY IMIT OER A EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC594527400 1/1/2009 6/30/2009 E.LEACHACCIDENT - $ 1 QQQ QQQ UFFiCERiMEMBER EXCLUDED? i i E.L. DISEASE- EA EMPLOYEE $ ]- QQQ Q Q Q If yes, describe under SPECIAL PROVISIONS below E. L. DISEASE-POLICY LIMIT $ 1 000 000 I OTHER DESCRIPTION OFOPERATIONS/LOCATIONSNEHICLES/EXCLUSIONSADDED BY ENDORSEMENT/SPECIAL PROVISIONS Named Insured Includes BFI Waste Systems of North America, Inc. d^~PITe COd+ft TC UA® RC1'°f ~Y City of Columbia Heights 591 NE 40th Avenue Columbia Hgts, Nat 55421 ACORD25(2001/08) Col1:2566751 TD1:864588 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 ® DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO GBLIGATION GR LIABtLITY OF ANY KING UPON THE INSURER, ETS AGENTS OR REPRESENTATIVES. ~ 1840387 ©ACORD CORPORATION 1988 W ~] CERT IC ~ I~ IF ATE OF LIABILI TY INSURANCE page 2 of 3 12/18/2008 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis xxx HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Allied Waste North America, Inc. INSURER A: Zurich American Insurance Company 16535-007 (Named Insd. Cont. Below) 18500 North Allied Wa INSURER B: American Zurich Insurance Company 40142-001 y Phoenix, AZ 85054 INSURER C: INSURER D: ~ INSURER E: uGJI. nIY I IVrv V~ VYGnH IIV rvJ/LVIiA I IVrv J/V CnII.LCJ/CA~.LV JIVIVJ HUUCU dT CrvVVY1JCMCrv 1/JYCVIAL YI'1V VIJIVrvJ Employers Liability (Stop Gap) coverage for Monopolistic States is included. Allied Waste North America, Inc. and it`s subsidiaries are registered non-subscribers to the Texas Workers Compensation Act. An approved Indemnity Plan has been filed with the Texas Department of Insurance therefore they are not required to carry Workers' Compensation insurance in Texas. A certificate referencing the Texas Excess Employers Indemnity policy can be provided upon request. The policy provides both Employers Liability and Excess coverage for the approved Indemnity plan. Certificate 'Holder is Additional Insured; except for Workers Compensatior_; if required by written contract. Co11:2566751 Tp1:864588 Cert:11840387 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25(2001/08} Co11:2566751 Tp1:864588 Cert:11840387