HomeMy WebLinkAboutContract 2250 amended1 ` gly• Ir�afj
VEOLIA ES SOLID WASTE MIDWEST, LLC
and
THE CITY OF COLUMBIA HEIGHTS
GARBAGE, RUBBISH, RECYCLABLE MATERIALS AND YARD WASTE
January 1, 2010- December 31, 2014
REFUSE SERVICE CONTRACT
THIS Contract is between the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation, party of the first part, herein
referred to as "City ", and Veolia ES Solid Waste Midwest, LLC, a Wisconsin corporation, 309 Como Avenue, St. Paul, Minnesota,
55103 party of the second part, herein referred to as "Contractor."
The City and Contractor agree as follows:
General Description of Services. The Contractor shall make a complete collection of garbage, refuse, large items, and major
appliances from residential dwellings 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 by the State of Minnesota, Anoka County, and the City of Columbia Heights.
Work to be performed includes the removal of recyclable materials and yard waste collected in conjunction with the City's
Recycling and Yard Waste Programs. The Contractor certifies that all materials generated from this contract will be collected and
disposed of properly and in accordance with Federal, State, and loeaI government laws, ordinances, regulations, and rules. The
Contractor shall also provide a robust customer service, public outreach, and supervisory program for the contracted operations.
2 Contract Period
a. This contract shall be in full force and effect for the period beginning January 1, 2010, and ending December 31, 2014. This
agreement may be extended for a period of up to three (3) years at the option of the City.
b. This contract and any extension thereof shall be subject to termination by the City if the City finds that the Contractor has
violated any of the material provisions of the same, after being given ten (10) days notice and a hearing to be held before the
City Council of the City of Columbia Heights.
Definition of Terms
a. Residence shall mean all single - family dwellings, double bungalows /duplexes, apartments, town homes, condominiums and
other living quarters.
b. Multi - dwelling properties mean any residence with more than four separate living quarters including, but not limited to,
apartments.
c. Garbage shall mean organic (non- hazardous) waste resulting from any source.
d. Rubbish shall mean all inorganic (non - hazardous) refuse matter that accumulates in the ordinary operation of a household
including but not limited to stone, sod, earth, concrete, and building materials resulting from remodeling a residence on the
property at which these materials have been placed, along with mattresses, chairs, couches, tables, and other such items of
fiirn iture.
e. Recyclable Materials shall mean newsprint, glass bottles and jars, aluminum, steel and tin cans, cardboard, plastic beverage
bottles, mix paper, phone books, magazines, and any other materials as required by the City and agreed to by the Contractor.
f. Yard waste shall mean garden waste, leaves, lawn cuttings, weeds, and brush.
g. Brush shall mean branches, trees and shrubs of less than four (4) inches in diameter.
h. Receptacle, unless specifically provided otherwise, whether referred to as `cart,' `garbage can,' `plastic bag,' `suitable
container,' `cans,' or `containers,' shall be of such size and form as to permit Collection and handling by one person. A single
cart shall not exceed 96 gallons.
i. Tipping Fee shall mean the charge per ton assessed to the Contractor by the City approved solid waste disposal facility for
disposing Refuse and Garbage. Tipping Fee excludes any taxes and /or surcharges.
j. Electronics shall mean televisions, stereos, VCR's, DVD players, computers, computer monitors, and any other similar
device so defined by the State of Minnesota.
k. White Goods shall mean household appliances including but not limited to clothes washers and dryers, dishwashers, water
heaters, garbage disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air conditioners,
dehumidifiers, refrigerators, and freezers.
1. Refuse shall mean garbage, rubbish, yard waste, brush, electronics, and white goods, and recyclable materials if discarded in
the non- recycling container by the residence.
m. Full service means collection of large household items such as, furniture, extra garbage, and rubbish that does not fit into the
provided container (although still limited to three garbage truck hopper loads) as part of the regular service charge.
n. Limited Service means additional fee -based service for the collection of household items, furniture, extra garbage, and
rubbish that does not fit into the provided container and is not part of the regular service charge.
o. Living quarter means single family home and each separate rental unit of a multi - dwelling property.
4 Collection operations.
a. Collection Schedule Points and Route.
1) Each residence shall have its refuse and all other permissible items collected a minimum of once each week. The
Contractor shall use the City's Refuse Schedule and Route (Attachment A). If the Contractor wishes to recommend a
change to the City, the Contractor shall advise the City in writing at least 120 days from the proposed date the requested
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change is to take effect. A change shall be effected only upon formal written authorization from the City. The
Contractor shall bear all costs involved in notifying residences of any authorized schedule and /or route changes.
2) Recyclable Materials generated from residences with single sort containers will be collected once every other week on
the same day as refuse collection (Attachment A). The Contractor will ensure a recycling truck is available every day a
refuse collection is taking place according to the collection schedule for that week.
3) All collection service shall be conducted between the hours of 6:00 a.m, and 6:00 p.m., on Monday through Friday. The
Contractor shall notify the City of such conditions when the time cannot be met no later than 2:00 PM on the day the
situation exists for minor disruption lasting no more than 24 hours. If, and to the extent Contractor is precluded from
performing its duties and obligations under this Contract as the result of an Act of God or other situations not caused by
the Contractor and it's employees, Contractor shall be excused to the extent that its performance is precluded by such
acts, after a solution is agreed to by the City and Contractor. The Contractor shall provide the City and residences 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 day.
4) Whenever the City or a Residence notifies the Contractor of locations which have not received scheduled service, the
Contractor is required to service such locations before 6:00 p.m. of the same day when notified prior to noon. When
notified after noon, the Contractor shall service such locations not later than noon of the following day, excluding
Sundays.
5) The Contractor shall collect refuse, recycling, yard waste /brush, white goods, electronics, and all other permissible
household refuse at designated collection points as permitted by City Ordinance or Resolution.
6) Residents who are elderly or physically disabled and are unable to place their containers at the designated location, may
request "walk -up" service from the Contractor, whereby the driver will service those containers from the house access
that is nearest the designated collection point.
7) The City reserves the right to improve any street or alley, which may prevent the Contractor from 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.
Collection Service - Garbage, Rubbish, Large Items, White Goods, and Electronics
1) Full Service Collection shall consist of one Contractor provided 96- gallon or one Contractor provided 64- gallon capacity
garbage container, with full service sticker, provided by the Contractor, Contractor shall only collect up to 200 gallons
(3 -96 gallon carts) or 1.5 cubic yards of extra material outside a residence cart. Collection of materials in excess of this
amount can 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. The Contractor will also notify the City of the property address
and amount of solid waste for disposal charges by the City. . Additional Full Service Collection includes:
a) Christmas tree collection during the first two weeks of January, per living quarter unit.
b) Additional amounts of non - garbage household rubbish (within the limits described above), such as stone, sod, earth,
concrete, and building materials resulting from remodeling of the residence on the property at which these materials
have been placed. Where practicable, such items will be bagged, boxed, or bundled.
c) Carpeting, carpet padding, mattresses, chairs, couches, tables, and other such items of furniture. These items are not
included in the extra material limits described above, although must have come from the property where placed.
d) One white good item each calendar year for each living quarter unit at no charge (tracked by the Contractor),
additional items can be charged by the Contractor at an additional cost to the resident. Arrangements and billings
for appliance collections will be handled directly by the Contractor.
2) Low- volume collection service shall consist of one 32- gallon capacity garbage container, as provided by the Contractor.
All materials subject to collection shall be fully contained in the designated container with closed lids. Collection of
materials outside of the provided container can 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. The Contractor will also
notify the City of the property address and amount of solid waste for disposal charges by the City. Additional Low -
volume service includes, Christmas trees and white goods collection as described in 4.b.1), a) & d).
3) Limited service will consist of one 64- gallon capacity container, as provided by the Contractor. All materials subject to
collection shall be fully contained in the designated container with closed lids. Collection of materials outside of the
provided container can 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. The Contractor will also notify the City of the property
address and amount of solid waste for disposal charges by the City. Additional Limited service includes, Christmas trees
and white goods collection as described in 4.b.1), a) & d).
4) Contractor shall provide each multiple dwelling with at least one standard dumpster (I cubic yard capacity) or equivalent
number of 96- gallon containers and collections a minimum of once /week. Multiple dwelling properties may not have
extra garbage or rubbish outside of the provided container, except for large household items such as furniture items,
carpet, padding, and mattresses. Property owner /manager must call Contractor in advance of collection. Collection of
materials outside of the provided container (other than previously noted) can be provided by the Contractor at an
additional cost to the owner. Arrangements and billings for such collections will be handled directly by the Contractor.
The Contractor will also notify the City of the property address and amount of solid waste for disposal charges by the
City. Additional services /living quarter unit includes, Christmas trees and white goods collection as described in 4.b.1),
a) & d).
5) The Contractor shall organize residential collection of electronic devices that are banned from the solid waste stream by
the State of Minnesota, Anoka County, and the City of Columbia Heights. The Contractor shall provide each residence
and multi - dwelling living quarter unit an electronics (including those items not banned) curb -side collection service
weekly, although this service will be fee -based and negotiated directly between the Contractor and the resident
requesting the service.
6) Contractor shall provide each residence with a garbage container (wheeled carts with attached lids) or dumpsters that
meet federal standards and have fly -tight lid, keep said containers in good repair, and replace at no charge to the resident
or the City. Except as otherwise set forth herein, all containers furnished by Contractor, shall while in the possession and
control of the residences and multiple dwelling units, remain the property of Contractor. Residents and multiple
dwelling units shall use the containers only for the purposes for which it is intended herein and shall not make any
alterations to the containers. Residents and multiple dwelling units shall be responsible for loss or damage to the
containers in excess of ordinary wear and tear. In the event a resident requests more than one container or a replacement
container due to theft or damage beyond ordinary wear and tear, Contractor shall provide additional containers and
charge the Resident or Multiple dwelling unit directly for the cost of the container and delivery thereof The size and
numbers of containers shall be selected by the resident/owner (through the City), who may change their level of service
monthly at no additional charge.
7) The Contractor shall direct all requests for service change to the City, Official changes will be made through the City
and the Contractor will be notified. Only such pick -ups shall be made as have been approved by the City and the
Contractor shall not be entitled to payment for any collections made and not approved by the City. The Contractor may
remove containers from properties when the City discontinues service to a residence.
c. Collection Service — Recyclables Single Sort
1) The Contractor shall be responsible for distributing all properly labeled (with instructions) recycling containers (wheeled
carts with attached lids) to the residents /property owners, keep said container in good repair, and replace at no charge to
the resident or the City, except as otherwise set forth herein. All containers furnished by Contractor, shall while in the
possession and control of the residences and multiple dwelling units, remain the property of Contractor. Residents and
multiple dwelling units shall use the containers only for the purposes for which it is intended herein and shall not make
any alterations to the containers. Residents and multiple dwelling units shall be responsible for loss or damage to the
containers in excess of ordinary wear and tear. In the event a resident requests more than one container or a replacement
container due to theft or damage beyond ordinary wear and tear, Contractor shall provide additional containers and
charge the Resident or Multiple dwelling unit directly for the cost of the container and delivery thereof.
2) The Contractor shall be responsible for collection of recyclable materials from containers at residential properties in the
City. Additional recyclable materials will be collected outside of the container when bagged or boxed that meets
Contractor specified procedures.
3) The Contractor shall be responsible for providing containers, and collection of recyclable materials from the City of
Columbia Heights Recycling Center. All items collected curbside will also be collected at the recycling center with the
addition of scrap metal and rimless tires. The City may, at City's option, discontinue the Drop -Off Recycling Program,
4) If the Contractor determines a recycling container is too contaminated with non - recyclable materials, Contractor may
collect the material as refuse. The contactor will notify the resident of contamination issues and provide information for
proper preparation of recycling. Collection of contaminated recycling materials can 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.
The Contractor will also notify the City of the property address and amount of solid waste for disposal charges by the
City.
d. Collection Service - Yard Waste and Brush
1) The Contractor is responsible for weekly collection of yard waste and brush from non - multiple dwelling properties
during the growing season (April I - November 30). Yard waste and brush collected from non - multiple dwelling
properties shall be unlimited and occur on the same collection day as refuse.
2) Yard Waste collection shall be limited to only those materials placed in authorized disposable containers that meet State
of Minnesota, Anoka County, and City of Columbia Heights requirements. The contractor shall notify residents on the
specifications for Brush collection.
Non - Residential service: The Contractor will provide garbage, rubbish, and recycling service (not resulting from
construction activities) to City facilities (including but not limited to Attachment B), including the annual City Jamboree.
The Contractor will provide containers and service as agreed to with facility managers. The Contractor will empty and reline
City Downtown Streetscape containers every day a residential collection is made. The City reserves the discretion to add
other entities (Non - municipal) as agreed to by Council resolution and the Contractor. The Contractor will not charge for City
Facility services and the City reserves the right to change the location and number of properties and operations serviced as
municipal operations expand or reduce. The Contractor may charge for other entities the Council covers under this contract
according to the normal charges based on the contract prices for levels of service. The Contractor may charge for Parkview
Villa recycling services at the multi - dwelling unit rate, but will provide yardwaste collection at no charge.
5 Disposal Operations.
a. All refuse and recycling materials placed for collection shall be owned by and be the responsibility of the occupants of the
residential properties until collection by the Contractor. Upon collection of the refuse materials by the Contractor, the solid
waste becomes the property and responsibility of the Contractor. All Garbage and Refuse shall be transported to, weighed -in
at, and disposed of at a solid waste facility that is approved by the City.
b. Disposal of solid waste shall be in accordance with State of Minnesota, Anoka County, and City of Columbia Heights
requirements. The Contractor shall certify to the City, in writing, of the place and method of disposal of such refuse and that
all requirements have been met. The City reserves the authority to direct the location and facility for disposal of solid waste
generated under this contract. The City shall be responsible for any increased costs incurred by Contractor, and agreed to by
the City, as a result of any change in disposal site (the Elk River Refuse Derived Fuel facility). All rebates from Anoka
County will be credited to the City on the same timing basis in which the rebates are received by Contractor (monthly or
quarterly).
c. The Contractor shall dispose of all such recyclables at a processing site or market and follow Anoka County, State of
Minnesota, and City of Columbia Heights requirements for the handling and disposition of recycling materials. The City
reserves the authority to direct the location and facility for processing and sale of recycling material generated under this
contract. The City shall be responsible for any increased costs incurred by Contractor, and agreed to by the City, as a result
of any change in facility. The Contractor shall certify to the City, in writing, of the place of recyclables disposition, and that
all requirements have been met. All proceeds from the sale of recyclable materials shall remain with Contractor, although the
Contractor will provide a rebate as described in 8.f. below.
d. The Contractor shall dispose of all yard waste at a compost site meeting State of Minnesota, Anoka County, and City of
Columbia Heights requirements. The Contractor shall certify to the City, in writing, of the place of yard waste disposal, and
that all requirements have been met. The City reserves the authority to direct the location and facility for disposal of yard
waste and brush generated under this contract. The City shall be responsible for any increased costs incurred by Contractor,
and agreed to by the City, as a result of any change in facility.
e. Disposal of white goods and electronics shall be in accordance with State of Minnesota, Anoka County, and City of
Columbia Heights requirements. The Contractor shall certify to the City, in writing, of the place and method of disposal of
such refuse and that all requirements have been met. The City reserves the authority to direct the location and facility for
disposal of appliances and electronic devices generated under this contract. The City shall be responsible for any increased
costs incurred by Contractor, and agreed to by the City, as a result of any change in facility.
f. The Contractor assumes responsibility for collection and delivery of items not acceptable to disposal and recyclable
processing facilities.
g. The City and the Contractor shall meet once per quarter to discuss disposal facility options. The Contractor shall present
disposal options that have competitive prices and will lower the costs of disposal to the City.
6 Customer Service operations:
a. The Contractor shall be required to provide a customer service mailing address, local or toll -free phone number (Published in
the local phone book), email address, and website. The Contractor shall maintain an office equipped with telephones,
messaging service, and staffed with sufficient personnel to handle complaints, orders for special service, and /or to receive
instructions including but not limited to:
1) Provide means for residences to directly notify Contractor if collection was missed.
2) Immediately inform residences concerning non - collection of refuse /recycling due to improper procedures of
. refuse /recycling preparation or over the service level.
3) Provide means for residences to directly notify Contractor of extra refuse above the service level, white goods, and
electronics ready for collection.
4) Inform residences of procedures and cost quote for collection of refuse above limited service, extra white goods, and
electronics. Residences must authorize the Contractor to provide the additional service and Contractor will bill residence
directly.
5) Provide means for residences to directly notify Contractor of service complaints.
6) Forward inquires concerning refuse service level starts /stops /changes, City utility bills, and health or environmental
nuisance complaints to the City
b. The office shall be staffed from at least 7:00 a.m. to 4:30 p.m., Monday through Friday (except holidays). 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.
c. Public Information and Education:
1) The Contractor shall inform all residences of preparation requirements for collection of refuse /recycling material. This
will be provided via an initial mailing to serviced properties and when major changes in service operations occur. In
addition, the Contractor shall provide a brochure or flyer for new resident packets from the City.
2) The Contractor shall issue notices to all homeowners and users of the service whenever garbage and rubbish removal,
recyclable, white goods, and /or yard waste removal is not conducted. The notice shall be signed by the Contractor 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 user. 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.
3) The Contractor will provide information for the City newsletter on refuse /recycling and major issues noted during
collection. In addition, the Contractor will provide a community outreach program of industry related pertinent articles
and advertisements in the local paper, and provide public presentations for City requested events.
4) The Contractor shall develop an annual recycling and solid waste reduction campaign plan with the City recycling
coordinator.
d, Supervision and reporting.
1) The Contractor shall provide a dedicated manager to supervise performance of the contract and be available for
immediate contact by City staff.
2) All services to be performed for the City by the Contractor pursuant to the terms of this contract shall be supervised by
such employee, agent or officers of the City as the City Manager shall designate. Monthly performance meetings
between the Contractor and the City will review operations plans, goals, and progress. The Contractor shall provide
access to the City, or any of its duly authorized representatives to review any books, documents, papers, and records of
the Contractor which are directly pertinent to this Contract for the purpose of making an audit or examination and
preparing excerpts and transcriptions.
3) The Contractor will be the subject matter expert for refuse, recycling, and household hazardous waste rules, regulations,
and provide said expertise to the City and residents.
4) The Contractor will keep and maintain complete accurate records in accordance with generally accepted accounting
practices. The Contractor shall provide monthly reports (in formats approved by the City) for solid waste refuse
collection and disposal amounts, itemized recycling collection and processing amounts. The Contractor shall provide
customized reports as requested by the City. The City may withhold payment for Garbage and Refuse services pending a
receipt of such information.
a) 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 market receipts must be on permanent file and available to the City on request from the
Contractor, Monthly reports on the number of participants in the curbside recycling program must be included in
the monthly reports. In addition, Contractor shall provide sale receipts of recycling materials and a statement of
verification that all recycling materials collected under this contract is accounted for on the reports.
b) 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 from the
Contractor.
c) 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.
d) The Contractor shall notify the City in writing, by the fifteenth of each month, the tonnages of white goods and
electronics collected and recycled during the previous month. Truck weight tickets must be on permanent file and
available to the City on request from the Contractor,
5) The City will not reimburse any expenses incurred by Veolia employees including, but not limited to, expenses
associated with the preparation and submission of reports and attendance at meetings or presentations.
Performance of Contract
a. The Contractor shall supply all labor, material and equipment necessary for the carrying out of the contract.
1) Equipment
a) 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.
b) 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.
c) 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.
d) Maintenance - The trucks shall be maintained in good working order. They shall be equipped to meet all Federal,
State and Municipal regulations concerning vehicles used on public roads and maintained to meet these standards.
e) Vehicle Inspection - All vehicles used in the performance 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.
f) 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 in the performance of this contract and shall advise the
City in writing of any withdrawal of such equipment or of any change therein within one (1) week of the time of
making such change.
g) 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.
h) Excessive Damage to Pavement. The Contractor shall utilize collection vehicles and operating procedures which do
not create or cause unreasonable or unnecessary wear to street pavement including that in place on alleys.
2) Personnel Requirements
a) Responsibility
(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
policies, rules, regulations and conditions for refuse collection as established by the City Manager.
b) 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.
c) 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 refuse
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 manner and clean up all refuse spilled in
collection under any circumstance.
(7) All containers shall be replaced in their proper locations (off of the Street or alley) and covers placed securely
back on containers. Containers shall be placed in their upright position.
(8) Damage to containers or other property shall be avoided,
(9) Gratuities are not to be accepted.
(10) Consumption of any beverages containing alcohol is forbidden during or before work hours of any collection
day.
(11)A regulation container shall be used for refuse removal when performing carry -out type collections.
d) Safe 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).
b. Non - Discrimination /Affirmative Action
I) The Contractor agrees that during the Iife 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.
2) 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.
3) The Contractor shall comply with City Resolution 88 -83. 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.
4) The Contractor agrees to pay all persons doing work or furnishing skill, tools, machinery, materials, insurance premiums,
equipment, supplies, and all just claims for such work, material, equipment, insurance and supplies in and about the
performance of this contract.
5) At all times and for all purposes hereunder, the Contractor is an independent Contractor and not an employee of the City.
. No statement made herein shall be construed so as to find the Contractor to be an employee of the City.
c. Health & Environmental Regulations and City Ordinances.
1) 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.
2) The Contractor shall place all Garbage, Refuse, and Yard Waste collected, in water -tight metal receptacles or vehicles
with closed tops so constructed that the contents will not leak or spill therefrom; such receptacles or vehicles shall be
kept clean and as free fi-om all offensive odors as possible and shall not be allowed to stand in any street, alley or other
place longer than is reasonably necessary to collect Garbage and Refuse.
3) The disposition of such material shall be conducted and handled so as to at no time create a nuisance or become injurious
to the public health of a person living either within or outside the corporate limits of the City.
Indemnification. The Contractor agrees to indemnify and hold harmless the City, its agents, officers, and employees from
any and all claims causes of action, liabilities, losses, damages, costs, expenses including reasonable attorney's fees, suits,
demands, and judgments of any nature, because of bodily injury to, or death of, any person or persons and /or because of
damages to property of the Contractor or others, including loss of use from any cause whatsoever, which may be asserted
against the City on account of any act or omission, including negligence, of the Contractor, or the Contractor's employees or
agents in connection with the Contractor's performance of this contract. The Contractor agrees to defend any such action
brought against the City on any such matters, and to pay and satisfy any judgment entered thereof together with all costs and
expenses incurred in connection therewith. The City shall in no way be liable for any claims or charges incurred by the
Contractor in the performance of this contract.
e. 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 necessary and suitable to the rendering of such services and shall keep the same insured
with a minimum public liability insurance of $1,000,000 for any one person; $1,000,000 for any one accident; $1,000,000 for
property damage, together with Contractor's public liability insurance of $1,000,000 for any one person; $1,000,000 for any
one accident; and property damage of $1,000,000. All of the foregoing insurance 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. The Contractor shall name the City as an additional insured on
such insurance and shall furnish evidence of the same to the City. The Contractor further agrees to take all precautions to
protect the public against injury and to save the City harmless from 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.
f Workers' Compensation Insurance - The Contractor shall at all times keep fully insured, at its own expense, all persons
employed by it 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 free 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. The Contractor shall furnish evidence of the same to the City
g. Performance Bond.
I) As a precondition to the commencement of this Contract, the Contractor shall provide 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. Said bond shall
be signed by the Contractor with a surety company as surety and shall be in the amount of $250,000.00 which bond shall
be kept in full force and effect for the term of the contract.
2) The conditions of the performance bond shall be that the Contractor shall fully and faithfully perform all terms and
conditions of the contract; 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.
h. Termination.
I) It is understood the essence of this contract is high quality service to residents of the City of Columbia Heights. As such,
if the City determines that the Contractor is in breach of any provision of this contract, a written notice will be sent to the
Contractor allowing it 30 days to comply. If the Contractor fails to comply with the terms of the contract by the end of
the 30 day period, the City may terminate the Contract and shall be released of its obligations. Moreover, the City shall
retain all performance pledges obligated to that time.
2) Upon any failure of the Contractor to fulfill any of the provisions of the Contract, the City Manager shall be authorized
to hire services and equipment, or assign City employees and equipment, as may be necessary to do such work and the
cost of such expense thereof may be charged and deducted from any monies due the Contractor, collected from the
Contractor or collected by recourse to the Contractor's bond or financial guarantee instrument submitted subject to this
section.
i. 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 this contract, it shall repair or
replace same to the extent caused by Contractor 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.
j. 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.
8 Payment Procedures.
a. The Contractor shall invoice the City monthly based on the number of residences and multifamily dwellings and their
respective service level category, adjusting for any changes during the month. The invoice will show the number of services
by each service level category and monthly prices as stated in attachment C. The monthly price accounts for all weeks in a
given year. The City will approve the format of the invoice.
b. The City will verify the invoice. The City shall make payment to the Contractor monthly, within 30 days of receipt of the
invoice (for the previous month's services), unless discrepancies in the invoice delay payment. The annual prices stated in
the rate sheet (attachment C) shall not change regardless the number of services, the amount to be paid by the City to the
Contractor shall be adjusted for each such change of collection monthly.
c. The City shall pay for tipping fees incurred by the Contractor for solid -waste disposal generated under this contract and will
be a separate line item on the invoice showing actual tons, disposal facility charges /ton, and rebates or discounts received by
any entity for disposal at said facility. This is for solid -waste only and does not include recycling, yard waste /brush, white
goods, or electronics disposal.
d. The Contractor may apply a fuel surcharge following the instructions in attachment D. When applicable this charge will be a
separate line item on the monthly invoice stating the fuel price used to invoke the surcharges, the rate applied, and the
number of units used to calculate the additional charges.
e. The City does not expect and will not pay for any other charges other than those listed above.
f. Recycling rebate. The Contractor shall rebate monies to the City based on sale of recyclables and commodities generated from
contract recycling operations. The value of those recyclables minus processing costs (taking into account any subsidies or
rebates), multiplied by 60% will be the amount of the rebate, unless the value is less than the processing costs. The amount
of Recycling Center commodities will be tracked separately and a separate disbursal made for purpose of paying community
organizations to staff the Center.
g. Liquidated Damage. Verified failure to make the collection shall be cause to deduct $15.00 per verified collection, as
liquidated damage from the monthly payment, in addition to deduction of the regular pick -up rate (pro- rated). This 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.
9 Contractor to Make Examination.
a. 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 therefore, and the quantity of
work to be performed.
b. The Contractor shall make no claim against the City because of any estimates, statements, or interpretations made by any
official, officer, or agent of the City that may prove to be in any respect inconsistent with the RFP, Bid approval, or this
contract.
c. The Contractor assumes the risk of all conditions, foreseen and unforeseen, and agrees to complete the work without
additional compensation under whatever circumstances may develop other than as herein provided.
IN WITNESS WHEREOF, the parties hereto have set their hands on this
14 day of DL. , 2009.
IN THE PRESEtXCE OF: CITY OF COLUMBIA HEIGHTS, MN.
Gary Peterson, Mayor c
Walter R. Fehst, City Manager
Veolia ES Solid Waste Midwest, LLC
10
AMENDED CONTRACT #2
TO ORIGINAL CONTRACT (IMPLEMENTED JANUARY 1, 2010) BETWEEN
ADVANCED DISPOSAL SERVICES SOLID WASTE MIDWEST, LLC (FORMERLY VEOLIA ES SOLID WASTE
MIDWEST, LLC)
THE CITY OF COLUMBIA HEIGHTS
FOR THE COLLECTION AND DISPOSAL OF GARBAGE, RUBBISH, RECYCLABLE MATERIALS AND YARD
WASTE
Originally dated January 1, 2010 through December 31, 2014 Amended to December 31, 2017
THIS AMENDENT is made effective April 14, 2014 by and between the CITY OF COLUMBIA HEIGHTS
( "Columbia Heights ") a Minnesota municipal corporation, and ADVANCED DISPOSAL SERVICES SOLID
WASTE MIDWEST, LLC, a Wisconsin limited liability company ( "Contractor ").
RECITALS
1. WHEREAS, City and Contractor, or Contractor's predecessor, have entered into the Contract for
the Collection and Disposal of Garbage, Rubbish, Recyclable Materials and Yard water (the
"Contract ") dated January 1, 2010, a copy of which is attached and incorporated herein by
reference.
2. WHEREAS, the parties desire to continue said Contract on its same terms for an additional
period of three (3) years beyond its termination date.
3. WHEREAS, the parties intend that all terms and conditions of the Contract shall remain
unchanged, unaffected, and in force, except as expressly modified herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledge, it is agreed as follows:
1. Except as expressly modified herein, the Contractor and City agree to continue to be bound
by the Contract, which shall remain in full force and effect.
2. The Contract period is hereby amended to end on December 31, 2017.
3. The monthly rates of the contract shall be adjusted as shown in the Amended Attachment C.
4. Single Sort Recycle carts will be provided by the contractor in 60 or 90 gallon sizes.
Residents may increase to the 90 gallon size at the same rate as 60 gallon recycle carts.
5. Multi- dwelling properties may increase the number or size of recycling containers or
schedule weekly collections at their same multi - dwelling rate.
6. Curb -side collection of electronic devices is amended to indicate the contractor shall provide
curb -side collection service no less than one time per month.
7. Bulk items will be scheduled for collection no later than 2 business days when booked.
8. Residential yard waste carts are not required on an annual subscription basis and may be
requested by residents and ordered by the City at any time. The contractor may charge a
yard cart removal fee.
9. This Amendment may be executed in any counterparts, each of which shall constitute one
and the same instrument.
City of Columbia Heights, NAnesoth fed Disposal S�es Solid Waste Midwest, LLC
By: Gary Peterson By: Richard Burke
It's Mayor
Attest:
04�,, °Z' ,
By: Walt Fehst
It's City Manager
It's President & COO
ATTACHMENT C
THE COST PER HOUSEHOLD PER MONTH FOR THE FOLLOWING SERVICES:
Garbage and Recycling Collection monthly rates.
Contractor to pick up garbage and recycling at the alley or curbside location in Contractor
supplied garbage and recycling carts of approximately "30 ", "60 ", or "90 "- gallon capacity,
and Contractor supplied recycling receptacles. Recycling rate given is for single sort
collection.
Non- Multiple Dwelling Residences
Service Level
2015
2016
2017
Full Service
Highest Level ( -90 gal)
$7.91
$8.15
$8.39
Limited Service
Mid -Level ( -60 gal)
$7.91
$8.15
$8.39
Limited Service
Lowest level ( -30 gal)
$7.91
$8.15
$8.39
Limited Service
Senior Rate ( -30 gal)
$7.91
$8.15
$8.39
Recycling Charge /unit
$2.96
$3.04
$3.14
Yard Waste Charge
$2.29
$2.36
$2.43
Yard Waste Cart Charge
$4.83
$4.98
$5.12
Monthly charges at each service level as stated below:
Multiple Dwelling Residences
Service Level
2015
2016
2017
1 Yard once /week
$20.48
$21.09
$21.72
Charge for each additional
collection/week
$20.48
$21.09
$21.72
1.5 Yard once /week
$25.59
$26.35
$27.14
Charge for each additional
collection/week
$25.59
$26.35
$27.14
2 Yard once /week
$25.59
$26.35
$27.14
Charge for each additional
collection/week
$25.59
$26.35
$27.14
3 Yard once /week
$25.59
$26.35
$27.14
Charge for each additional
collection/week
$25.59
$26.35
$27.14
4 Yard once /week
$25.59
$26.35
$27.14
Charge for each additional
collection/week
$25.59
$26.35
$27.14
5 Yard once /week
$25.59
$26.35
$27.14
Charge for each additional
collection/week
$25.59
$26.35
$27.14
6 Yard once /week
$25.59
$26.35
$27.14
Charge for each additional
collection/week
$25.59
$26.35
$27.14
8 Yard once /week
$25.59
$26.35
$27.14
Charge for each additional
collection /week
$25,59
$26.35
$27.14
20 Yard once /week
$107.12
$110.33
$113.64
Charge for each additional
collection/week
$107.12
$110.33
$113.64
2 Yard (compacted)
once /week
$25.59
$26.35
$27.14
Charge for each additional
collection/week
$25.59
$26.35
$27.14
Recycling Charge/
Living Quarter unit
$1.83
$1.89
$1.95