HomeMy WebLinkAbout1815 (version 2)CONTRACT BETWEEN THE
CITY OF COLUMBIA HEIGHTS
AND
BE] 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 ofTerms
Health Regulations and City Ordinances
Collection Service - Garbage, Rubbish, Large Items, and Major Appliances
2
Collection Service - Recyelables
3
Collection Service - Yard Waste
3
Collection Points and Route - Garbage, Rubbish, Large Items and Appliances
4
Collection Points and Route - Recyelables
4
Collection Points and Route - Yard Waste
4
Collection Schedule
4-5
Service Hours
5
Performance of Contract
5-6
Liability Insurance
5
Workers' Compensation Insurance
5
Performance Bond
5-6
Equipment
6
Disposal/Recycling
7
Supervision
7
Personnel Requirements
7
Responsibility
7
Driver
7
Collector
8
Issuance of Notice
8
Liquidated Damage
8
Utilities
8
Payments
9
Increase or Decrease in Rates
9
Recycling Rebate
10
State Hauler Rebate
Srfletting or Assignment of Contract
Contractor to Male 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 Dempster Collection Schedule
Exhibit BI- City Facilities Schedule
Exhibit 132- 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 Form
Exhibit K I -Statement of Qualifications
Exhibit K2 -Authority to operate
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REFUSE SERVICE CONTRACT
THIS Contract is between the CITY OF COLUMBIA HEIGHTS, a municipal corporation, party of the
first part, herein referred to as "City", and BEI Waste Systems of North American Inc., party of the
second part, herein referred to as "Contractor,
TheC.,ity 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 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 and
designated by Anoka County.
b. 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.
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
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.
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.
Yard waste shall mean garden waste, leaves, lawn cuttings, weeds, and prunings.
Tree waste shall mean branches, trees and shrubs of less than four (4) inches in diameter.
Electronics shall mean televisions, stereos, VCR's, DVD players, computers, computer
monitors, and any other device as defined by the State of Minnesota.
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 ir, 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 for such collections
will be handled directly by the Contractor.
b. Limited service will be from one (l ) container up to 68-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 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.
Tull Service Collection Service shall be from 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 ( I
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 are
required to utilize dumpster service in lieu of 98-gallon garbage carts.
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, dell un1idifiers,
humidifiers, furnaces, refrigerators, and freezers.
f. Special waste rimless tires shall continue to be collected from the recycling center for the
period of the contract.
g. 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 future changes will be made through the City and the Contractor will be.
notified.
Collection Service - Recyclables
a. Recyclable materials shall be prepared by residents as follows:
(1) Newsprint --Placed in paper bags, cardboard boxes, tied in bundles and placed in
recycling contaiie1c atnri-�ed by the `ijhCa.
(2) Glass Food and Beverage Containers --Lids removed, rinsed, and placed in paper
bags, cardboard boxes, or recycling containers authorized by the City.
(3) Metal Food and Beverage Containers- Rinsed, and placed in paper bags,
cardboard boxes, or recycling containers authorized by the City.
(4) Plastic Bottles , HDPE and PETS --Caps removed, rinsed and placed in paper
bags, cardboard boxes, or recycling containers authorized by the City.
(5) Corrugated Cardboard--Non-glossy only, flattened, placed in paper bags, tied in
bundles, or placed in recycling containers as authorized by the City.
(6) Magazines- bagged or bundled up to 35 lbs.
(7) Mixed paper/junk mail bagged in paper sack and place in or next to recycling
container
(8) Bindles of magazines up to 35 pounds.
(9) 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 rnLIIti-
dwellings in the City.
d. All recyclable materials placed for collection shall be owned by and be the responsibility
of the occupants of the residential properties until they are handled by the Contractor.
Upon collection of the recyclable materials by the Contractor, the recyclable materials
become the property and responsibility of tile Contractor.
e. The City reserves the right to add other collectibles to be considered recyclables.
6. Collection Service - Yard Waste
Yard waste shall be prepared by residents as follows:
(1) Grass, leaves, garden waste, weeds, branches and twigs are classified as
yardwaste.
(2) Yard waste must be bagged separately it7 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.
(3) 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 l - November 30) and disposal at a compost site licensed by the Minnesota
Pollution Control Agency.
Collection Points and Route - Garbage, Rubbish, Large Items and Appliances
Residences with alleys shall have their garbage containers and all other permissible
refuse picked up from the edge of the alley.
Multiple dwellings shall 111ze anInfY•id flmpstr(l as t1,o tiniliiiks/`uw "U"13
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 from the boulevard adjoining the curb.
d. 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 from the house access that is nearest the designated collection point.
Collection Points and Route - Recyclables
a. All residences shall place their recyclable materials at the boulevard adjoining the curb.
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 determined and arranged by the
City.
9. Collection Points and Route -Yard Waste
a. All residences shall all have their bagged or bundled yard waste picked up from the
boulevard adjoining the Curb, separated from their garbage, rubbish and recycling.
10. Collection Schedule
a. Each residence shall have its garbage and rubbish collected a minimum 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 area. If the Contractor
wishes to recommend a change to the City, the Contractor shall advise the City in writing at
least 90 days from the proposed date the requested 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 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.
(1) I11 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
discontinuance of service and notify the Contractor of the decision at least one
week prior to the time of discontinuance of such service.
c. 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.
11. 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.
b. 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.
12. Performance of Contract
a. 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 necessary 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 property damage, together with Contractor's public liability
insurance of $500,000 for any one person; $600,000 for any one accident; and property
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 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.
d. Performance 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 $120,000.06
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 fully 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
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Either party, 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 party, 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
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.
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.
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.
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.
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.
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 Contractor 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.
C. 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.
d. 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
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 rules, regulations and conditions for refuse
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 refuse containers on the assigned routes.
(4) The driver and collector(s) shall make a concerted effort to have at all tires 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 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.
(1 I) 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 perforr
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.
a. 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
user.
b. Said notice shall indicate the reason for the failure to collect the garbage and rubbish,
recyclable materials, and/or yard waste material.
C. 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
a. 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 from the City of the
address where such collection was not made.
b. 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.
C. Verified failure to make the collection shall be cause to deduct $10.00 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.
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 he 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.
b. The City shall make payment to the Contractor monthly, 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 market
receipts must be on permanent file and available to the City on request from the
Contractor. Monthly reports on the mnnber of participants in the curbside recycling
program must 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.
e. 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.
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 from 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 ) 1, 2004, over that in existence on January m 1, 2005, or adjustments made in
subsequent years. The zidjustintiii will
be used on at. 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 from the disposal facility) will be provided as verification for each ton disposed.
22. Recvclin4 rebate
I he Uontractor will rebate monies to the City based on current market prices of recyelables 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.
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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
a. 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.
C. 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.
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.
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30. ":ontract Period
a. The basic contract shall be in full force and effect for the period beginning 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.
c. 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 he.26nn to he held before the City Council of the City of Columbia 1-iei2hts. 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 _December2004.
IN THE PRESENCE OF: CITY OF COLUMBIA HEIGHTS, MN.
A Municipal Corporation
JL�Venne Wyckoff,. Mayor
r
Walter R. Fehst, City Manager
jn Kuehn, Speciai Projects Coordinator
BFI %WASTE SER ICE
Rich Hirstem, Residential & Municipal Sales Manager.
Browning Ferris Industries of North America
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COLLECTION DABS FOR EXHIBIT A
REFUSE, RECYCLING AND YARDWASTE
'7ECIS LA 17,
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EXHIBIT
Multi unit service Level 2004
Address
Street
Container
Frequency
Frequency
Day of PU
Size
Trash
Recycle
711
37th Ave NE
4 yd
1 x week
Tues
I
427I2
7r1, n,.o rrc
1
I4 _.a
r, yu
I , _ --
i waccc
Wed
647
37th Ave NE
4 yd
1 x week
Tues
647
37th Ave NE
90-2
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
I x week
Wed
950
39th Ave NE
2 yd
1 x week
Mon
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
I 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
Thurs
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
I x week
Thurs
4310
3rd St. NE
2 yd
2 x week
Mon 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
Mon Thurs
4330
3rd St. NE
90-3
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
I yd
1 x week
Wed
543
40th Ave NE
90-3
1 x week
Wed
590
40th Ave NE
4yd
2 x week
Tues Friday
615
40th Ave NE
I yd
I x week
Wed
626
40th Ave NE
I yd
1 x week
Wed
820 40th
Ave NE
1 yd
2 x week
Mon Wed
820 40th
Ave NE
2 yd
1 x week
Wed
1020 40th
Ave NE
1.5
yd
1 x week
Mon
1001 42
1/2 Ave NE
903
1 x week
Mon
233 42nd
Ave NE
4
yd
1 x week
Thurs
1331 42nd
Ave NE
2
yd
2 x week
Mon Thurs
970 43
1/2 Ave NE
2
yd
I x week
Mon
970 43
1/2 Ave NE
90-3
1 x week
Wed
98143
1/2 Ave NE
1
yd
1 x week
Mon
1300 43
1/2 Ave NE
I
yd
I x week
Mon
970 44th
Ave NE
I
yd
I x week
Ton
980 44th
Ave NE
I
yd
1 x week
Mon
950 47th
Ave NE
4
yd
I x week
Tues
1400 47th
Ave NE
4
yd
I x week
Tuesday
1400 47th
Ave NE
90-4
1 x week
Wed
1440 47th
Ave NE
4
yd
1 x weeki
Tues
1� 40
47th Ave NE
90-2
1 x week
Wed
1480
47th Ave NE
4 yd
I x week
Tues
1480
47th Ave NE
90-2
1 x week
Wed
4050
4th St NE
4 yd
2 x week
Tues Friday
4050
4th St NE
90-3
1 x week
Wed
4120
4th St NE
4 yd
2 x week
Tues/Frid
I e))nlnth
Q+ KTG
��_� �� i•�
I
I, _.a
1 yu
I
i x week
Wed
4220
4th St NE
90-3
I x week
Wed
4226
4th St. NE
1 yd
1 x week
Wed
4226
4th St. NE
90-3
11 x week
Wed
4308
4th St. NE
I yd
1 x week
Wed
600
51 st Ave NE
1 yd
I x week
Mon
3948
5th St. NE
1 yd
I x week
Thurs
3969
5th St. NE
2 yd
1 x week
Wed
3969
5th St. NE
90-1
mix fiber
I x week
Wed
3969
5th St. NE
90-2
Rigid
I x week
Wed
4655
5th St. NE
1 yd
I x week
Thurs
5100
6th St. NE
two-2yd
2 x week
Mon Thurs
3932
Central Ave NE
2 yd
I x week
Mon
3932
Central Ave NE
90-3
1 x week
Wed
4225
Central Ave NE
2 yd
2 x week
Mon Thurs
Central Ave NE
90-2
1 x week
Wed
F4225
4229
Central Ave NE
1.5 yd
2 x week
Mon Thurs
,—,4"422
Central Ave NE
I yd
I x week
Wed
4422
Central Ave NE
90 - 5
1 x week
Wed
4653
Central Ave NE
4yd
I x week
Tues
4653
Central Ave NE
90-3
1 x week
Wed
3849
Edgemoor Place
I yd
I x week
Friday
3853
Edgemoor Place
1 yd
1 x week
Friday
3857
Edgemoor Place
1 yd
I x week
Friday
4556
Fillmore St. NE
I yd
I x week
Mon
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
I x week
Wed
3709 Jackson
St.NE
90-2
1 x week
Wed
3855 Jackson
St.NE
1 yd
1 x week
Wed
- 4500 Johnson
SUNE
--1 x we-ek
Mori
-
4650 Johnson
St. NE
6 yd
I x week
Wed
4650 Johnson
St. NE
2 yd
1 x week
Wed
3915 Lookout
Place
1 yd
2 x week
Mon Thurs
3915 Lookout
Place
90-2
1
1 x week f
Wed
3923 Lookout
Place
4
yd
I x week
Tuesday
3923 Lookout
Place
90-3
1 x week
Wed
4534
Madison St. NE
1
yd
1 x week
Wed
4544 Madison
St. NE
I
yd
I x week
Wed
4545 Madison
St. NE
I
yd
1 x week
Wed
4550 Madison
St. NE
1
yd
1 x week
Wed
4556 Madison
St. NE
1
yd
I x week
Wed
4557 Madison
St. NE.
I
yd
I x week
Wed
3725 Main
St. NE
1
yd
1 x week
Wed
3819 Main
St. NE
I
yd
I x week
Wed
4255 Main
St. NE
I
yd
I x week
Wed
3838 McKinley
St. NE
4
yd
3 x week
MWF
501 IMill
St. NE
1
yd
I x weeki
Wed
529
Mill St. NE
1 yd
I x week
Wed
4201
Monroe St. NE
I yd
1 x week
Wed
1000
Peters Place
2 yd
2 x week
Mon Thurs
1000
Peters Place
90-4
1 x week
Wed
1035
Peters Place
2 yd
1 x week
Mon
1036
Peters Place
1 yd
1 x week
Mon
I 10,15
Peters P1arP
I
I x7d
1 1- r„-
��YTed
I I
3940
Peters Place
2 yd
2 x week
Mon Thurs
3940
Peters Place
1 yd
2
Mon Thurs
3940
Peters Place
90-2
1 x week
Wed
4525
Pierce St NE
90-4
1 x week
Mon
4619
Pierce St NE
4 yd
1 x week
Thurs
4643
Pierce St NE
I yd
I 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
90-2
1 x week
Friday
4648
Polk St. NE
2 yd
1 x week
Friday
4210
Quincy St. NE
I yd
I x week
Wed
3746
Stinson Blvd
2 yd
1 x week
Thurs
3746
Stinson Blvd
90-3
1 x week
Wed
3806
Stinson Blvd
4 yd
2 x week
Mon Friday
3806
Stinson Blvd
90-4
1 x week
Wed
538-4
Summit St. NE
1 yd
1 x week
Wed
4529
Taylor St NE
lyd
1 x week
Mon
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
I x week
Mon
4347
Tyler Place NE
1 yd
1 x week
Mon
4353
Tyler Place NE
1 yd
1 x week
Mon
3839
Tyler St. NE
1 yd
1 x week
Mon
4546
Tyler St. NE
1 yd
1 x week
Mon
4556
Tyler St. NE
1 yd
1 x week
Mon
4615
Tyler St. NE
I yd
1 x week
Friday
4619
Tyler St. NE
1 yd
I 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
1 yd
1 x week
Friday
4641
Tyler St. NE
2 2yd
l x week
Friday
4641
Tyler St. NE
90-4
1 x week
Mon
4653
Tyler St. NE
1.5 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
4347
University Ave NE
1 yd
l x week
Mon
4425
University Ave NE
4 yd
1 x week
Thurs
4609
University Ave NE
1 yd
1 x week
Thurs
4609
University Ave NE
90-1
1 x week
Wed
4621
University Ave NE
2 yd
I x week
Mon Thurs
4635
University Ave NEE
i yd
i x week
I nuns
4635
University Ave NE
90-3
1 x week
Wed
4643
University Ave NE
4 yd
2 x week
Tues Friday
4707
University Ave NE
4 yd
2 x week
Tues Friday
4733
University Ave NE
1 yd
I x weeki
Thurs
4911
University Ave NE
2 yd
1 x weeki
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 weeki
Mon Thurs
5121
University Ave NE
4 yd
2 x weeki
Tues Friday
I Ions
JOV1
17-- n.,_ o� XTU
Vail 1 LHW1 JL. INI
II a
1yu
I i �_
1 A wcc;rl
III-_i
VVcu
I I
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
90-2
1 x week
Wed
4054
Van Buren St. NE
1 yd
1 x week
Wed
EXHIBIT B-1
CITY OF COLUMBIA HEIGHTS
CITY FACILITIES
LOCATION DUMPSTER SCHEDULE
Public Library
820 40th Avenue NE
J.P. Murzyn Hall
530 Mill Street NE
Huset Park (May -September)
530 Mill Street
Top Valu Liquor Store
4340 Central Avenue
University Avenue Liquor Store
5225 University Avenue NE
City Hall
590 40th Avenue NE
Municipal Service Center
637 38th Avenue NERoll-Off
1/1 yard
including lock) Wed, Fri
2/4 yard Mon, Wed, Fri, Sat
1/4 yard Mon, Wed, Thur, Fri, Sat
'/z yard Wed
(including lock)
115 yard Tues
(including lock)
1/4 yard Mon, Wed, Fri
1/20 yard
Thur
Above collection services include recycling and yard waste collection at no additional cost.
Parkview Villa
965 40th Avenue ME
'/z yard Mon, Wed, Fri
Above include recycling at cost of $1.53 per unit and yard waste collection at no additional cost.
i
DOWNTOWN AREA STREETSCAPE CONTAINERS
Refuse from the containers included as Dart of the Downtown Streetscane as listed helow will he cnilected five days ner week
(Monday - Friday) at no additional cost to the City.
(1) Container located halfway between Central Avenue and Van Buren Street, south side of 40th Avenue (directly in front of bus
shelter)
(1) Container located on alley between Central Avenue and Van Buren Street, south side of 40th Avenue, on public walkway (by
northwest corner of 3970 Central Avenue, Dragon House Restaurant)
(1) Container located on Central Avenue, southwest confer of Central and 40th Avenue (directly in front of 3988 Central
Avenue, All About Travel)
(1) Container located on west side of Central Avenue, between 3980 (Anoka County Government Center) and 3970 Central
Avenue (Dragon House Restaurant)
(1) Container located on east side of Central Avenue between 40th Avenue and Gould Street, on the northwest corner of the
Northeast State Bank property
(1) Container located at southeast comer of Columbia Park Clinic ramp, located north of 40th Avenue between Central Avenue
and Van Buren Street
(1) Container located on northwest corner of Central Avenue and 40th Avenue, west side of the bus shelter in front of Columbia
Park Clinic (4000 Central Avenue)
(1) Container located by 40th Avenue entrance to Columbia Park Clinic (4000 Central Avenue)
(1) Container located on west side of Central Avenue, between 40th Avenue and 41 st Avenue, on northeast corner of 4022
Central Avenue
(1) 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 PUBLIC HEALTH AND SAFETY
ARTICLE III GARBAGE, RUBBISH AND RECYCLABLE MATERIAL
SECTION I STORAGE CONTAINERS
OIcvINAPvCE NO.1334
BEING AN ORDINANCE AMENDING NO. 853, CITY CODE OF 1977 AND PERTAINING TO ORDINANCE 1231,
GARBAGE, RUBBISH AND RECYCLABLE MATERIAL
(Ord. 1231, eff. 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 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 8.301 (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) "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.
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) "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.
(f) "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 tight 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 Ibs.); 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 18.301 (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
arracciHla from +lia front �rrl tha rnr�t�inar oh�ll l.o „ 1� 0`1 �+ o L orJ L tl.o 11. "uI .,:u.
uvvvuvavav uvaaa aaav uvaayua U, Uav vvaaauuava ..,uuta Vv 1l.tuvvU uL u pV111L u �Uve11L LV L/11+11V UJe VY 1i1 Vtt is rl+arv]o110.V1y—at+cl+sl1V16J 11 Vllt Lill.
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.
(b) All yard waste —in plastic and paper bags (no larger than the permitted 30 gallon garbage can liner size) not exceeding thirty-five
pounds (35 Ibs.), or a permanent, ventilated thirty-two (32) gallon fly tight metal or thermoplastic container weighing no more than
seventy-five pounds (75 lbs.) with handles -shall be placed on the curb line on collection 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;
(b) Composting may consist of only yard waste, wood ash, and sawdust generated from 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 resident's own home, or less than 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 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 impossible to place the containers behind the rear line of the main 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.
Major appliances are managed as a separate waste stream under Minnesota Statute 115A.4561. 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 hl 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)
8.301 (10)
Every household and every occupant or owner of any dwelling, house, boarding house, apartment 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)
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 of a misdemeanor and, upon
conviction thereof, shall be subject to a fine of not more than Seven Hundred Dollars ($700.00) or to imprisomnent 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
EXHIBIT D
CHAPTER 8 PUBLIC HEALTH AND SAFETY
ARTICLE III GARBAGE, RUBBISH AND RECYCLABLE MATERIAL
SECTION 1 STORAGE CONTAINERS
i i rd. 1231
eff. 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 8.301 (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) "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 through an 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.
8.301 (2) Every person responsible under this section, except as otherwise 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 lifting. Containers for the storage of garbage and
rubbish 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 otherwise create a nuisance or
�s public
hAnttr, omfe t, and nPneral welfare shad be replaced with acceptable containers,
ml.11C{lJe to plZVllV 11t+Ultldy Jtt1 Vt, u �,v 1 i��-�
Disposal of yard waste shall be from plastic or paper biodegradable bags no larger than thirty-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 otherwise 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, firm or corporation, unless authorized by the City Manager, may remove
a recycling container 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 service in lieu of the above requirements. Such vats shall be designed with the proper attachments for
lifting onto refuse trucks.
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 perinitted 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) small household items including small appliances, tools and articles of furniture weighing less
than thirty-five pounds (35 lbs.);
(f) 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 tight metal or thermoplastic container weighing no more than seventy-five pounds
(75 lbs) with handles; and
(g) 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;
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.
8.301 (5) Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property
ad;oining 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 from garbage and
refuse, or at the curb line in areas where no alleys exist. All authorized City recycling containers shall be placed
at the curb lisle 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;
(b) Composting may consist of only yard waste, wood ash, and sawdust generated from 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 resident's own home,
or less than 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 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 impossible to place the containers behind the rear line of the main
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 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, humidifiers,
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)
8.301 (10) Every household and every occupant or owner of any dwelling, house, boarding house, apartment
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) 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 of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than
Seven Hundred Dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense
EXHIBIT E
CITY OF COLUMBIA HEIGHTS
RECYCLING CENTER
Tl r +y. r l ^Vr�r,' , HA,gt,+� <22;21 p, ,e71, e ,Acyr^ling area for use by the general p1abl:c
1. 1 le V14 V1 %. lulu VlU Vl 11LO VV111 111 V1tlV U 1\+ V
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.
2. 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 and jars, 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 corrugated 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.
3. A permanent deck/stairs allowing access to the scrap metal container shall be provided
and maintained by the City.
4. 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.
5. 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 approval of the City and Contractor.
6. Any civic organization that operates the recycling center must provide insurance
coverage for its members and public liability in amounts and in a form satisfactory to the
City.
7. Contractor will charge no hauling fees for the first 12 roll -off boxes of glass, the first 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
liai.ileu WltlloUL c11A.LgG" CJ11R11 be billed 40 411e City a4 4rle rates ofo11e-1'lalftrle arrlount pay
the recyclable material handler or the hauling rate of $60.00/hour, whichever, is the lesser
amount.
8. 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
genuinely 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.
9. City shall receive all monies under this exhibit directly from the recyclable material
handler. Contractor shall be responsible for directing 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 from the recyclable material handler, subject to
withholding an amount equal to the obligation of the City to pay Contractor under
obligations stated in Section 48 of this exhibit. Documentation 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 amounts of each kind of
material A-livererl to te recyclable material linnriler� as well as amounts pairs for the
material by the 151" of the month following collection. Such reports shall be in a manner
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
El
11
RESOLUTION 88-83
BEING A RESOLUTION ADOPTING AN AFFIRMATIVE ACTION PROGRAM
WHEREAS, 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 long standing
commitment to equal employment opportunity;
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,
BE IT FURTHER RESOLVED that the City Council adopts the Affirmative
Action Program and Policy dated 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
Offered by: Peterson
Seconded by: Carlson
Roll Call: All ayes
December
o-Anne Sturianta Council Secretary
Do"'v V, Z�F�
Tale V. gadtrath, Mayor
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L n i l i V i B l i
CITY OF COLUMBIA HEIGHTS
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 Opportunity 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 (Please Print or Type)
�ZA
DATE Signature
LAi { i V I F i
CITY OF COLOMBIA HEIGHTS
I\ 331117:ri�1i17i . • rl •
I herby swear (or affirm) under the penalty for perjury:
1. That I am 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);
2. 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;
3. 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
proposr 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,
4. That I have fully informed myself regarding the accuracy of the statements made
in this affidavit.
Signed��`��
Firm Name: BFI Waste Systems of North America, Inc.
Subs ribed and swo to before me
'H JAMIE DAWN WIDHOLM
This day of�" _ , 20 CO Y, . Notar%j Public
. _ Minnesota
My Commission Expires Jan. 31, 2007
i ,otary Public
My Commission expires jc l �.c.�
Contractor's E.I. Number:
(Number used on Emplyer's Quarterly Federal Tax Return, U.S. Treasury
Department Form 941): 41-0673360
CITY OF COLUMBIA HEIGHTS
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 sanitation facility
regulation are set forth in M.S, 182 and in the Department of Labor and Industry's Labor
Safety Code (tics. 73-75).
BFI Waste Systems of North America, Inc.
Legal Name of Person, Firm or Corporation
By: Thomas Chovan
Title: General Manager
Address: 8661 Rendova St.
Circle Pines MN 55014
Legal Residence: Yes
Date : / d GJ
CITY OF COLUMBIA HEIGHTS
Statement of Oualifications
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 truck — 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,
etc..)
Division Vice President —1
Operations Manager —1
Supervisor — 2
Clerical — 6
Drivers — 12
Contract Disposal Sites: (Name & Address)
Resource Recover Facility
Located on 165`' St. and Highway 10
Corporate History and Structure: (Partnership, Corporation, etc...., names of Officers;
Indicate any recent major changes such as mergers, etc.)
BFI Waste Systems of North 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.)
Signed
_ 2;;� AeZzV—n
Its: Authorized Agent
Company Name: BFI Waste Systems of North
America, Inc.
Lai no INN I I I 11�11171i'11 1111 �`1111121[11[11 flii�111[11'fl
The undersigned, District Vice President of BFI Waste Systems of North
A — . T-- - +- A- !--�
t-&-tilerica, hic. a 1---elavvaTe corporation t-hat- hs, Clua.1111QU LU UVbusiness 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 25 th 5 2004, that such
resolution 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 day-to-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 10h day of January, 2005.
PaulRosland
CNA INSURANCE COMPANIES
EXTENSION CERTIFICATE
(To be filed with the Obligee)
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
Said Principal and said Surety hereby agree that the term of said bond is extended
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 sum. of $120,000.00.
IN WITNESS VTHEREOF, 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: November 9, 2004.
BFI Waste Systems of North America, Inc.
(Principal)
By:
Rich d Covington, Attorn y-in-Fact
NATIONAL FIRE INSURANCE i
O'FHARTFORD
a
,-
Melissa Haddick, Attorney -in -Fact
CNA
For All the Commitments You Make
` November 9, 2004
NOTICE
In accordance with the Terrorism 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 following 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
ALLIED WAS
INDUSTRIES, INC,
pOINVE t 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. Greenwav-Havden Loop; Suite 100, Scottsdale, Arizona
85260, hereby makes, constitutes and appoints Marsh USA Inc. acting through and by any of
Robert Bruce, Donald R. Gibson, Melissa Haddick, Mary Ann Garcia; Richard Covington and
Sandra Parker, 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_
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 instrument bonds; lease bonds;
worker's compensation bonds; miscellaneous surety 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 Industries, Inc. and its
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 until notice or revocation has been given by Allied
Waste Industries, Inc. the acts of said attorney shall be binding on the undersigned.
r�
IN WITNESS WHEREOF, this Power of Attorney has been signed this day of November,
2002, on behalf of Allied Waste Industries, Inc. by its Vice President, Legal, Steven M. Heim.
ALLIED WASTt INPUSTRIE INC.. a
Delaware corpr '
Steven
i
STATE OF ARIZONA
) 55.
COUNTY OF NIARICOPA )
Subscribed and sworn to before imie this `4", day of ..November. 200", by Steven M.
Helm. =Lj,',SA
Public
15880 N. Greenwav-Hayden Loop, Ste` 100 / ScOcIs7ale. AZ 85260
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That 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 (herein called "the CIA 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
llonald D /";1.son Sandra Par- D.,t,a.-+ T Rr,. Tnon— �e ICrtr Tarri Mnrricnn. Melissa H.addick- Tannis
LVuatu YL Gibson. Ual.t l61 a1 1Q3 RV1, 14V Ua.ac ate. Ya uwe.., vuwYuwarum aa.aa
Mattson, Individually
of Houston, TX, their true and lawful Anomev(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 instruments 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 is 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.
cf(,O)
iFtSUR4o�`Qar+roc Q " a?`1,yQRPL1(tgT�d .
S1ULY �I,
HARD +
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
Michael Gengler Se ' �VicePresident
State of Illinois, County of Cook, ss:
On this 6th day of August, 2003, before me personally came Michael Gengler to me known, who, 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 Continentaf 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 authority, and acknowledges same to be the act and deed of said corporations.
OFFICIAL SEAL
ELIZA PRICE '
NarARY PUSUC, STATE OF R1INOIS
W COMMISSION EXPIRES: 09117198 40
iv`ty Commission expires September 17, 2_006 Eliza Price y Notary Public
CERTIFICATE
I. .Mary A. Ribikawskis, Assistant Secretary 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 do hereby certify that the
Power of 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
printed on the reverse hereof i still in pponce. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this
day of vv�r3'
�eye�su��r�- � eKsttRa,�, `�'4ANY�`
GORPOI:1ATg 4t,�pAPORgjE.d a
s
� )ULY 11,
Cis SEAL c y tsaz �!
1897 HARD •
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
y
Mary A. Rjbikakis Assistant Secretary
Assumption of Liability Certificate
Certified Retum Receipt Number 7004 2510 0006 4240 4366
Obligee: City of Columbia Heights, 590 40th Ave. N.E., Columbia Heights, MN
55421
PrincipaL_Allied Waste Services of North America, LLC, P.O. Box 39, Circle
Pines MN 55014
Effective January 1, 2006 this Certificate assumes liability on Bond
Number 929124429 executed and previously filed by National Fire
Insurance Comaanv of Hartford , thereinafter referred to as the Company, in
favor of the above -named Obligee.
This certifies that, in consideration of the agreements and covenants herein
contained and other good and valuable consideration, Western Surety Company
hereby assumes liability as surety under the above -described bond.
By issuance of this Certificate, it is agreed:
1. That the liability of Western Surety Company under said bond (a)
shall be subject to all of the terms, conditions, limitations and
warranties contained in said bond and any amendment thereto or
agreement between the Obligee and the Company affecting the
same; and (b) shall in no event be greater than would have been
the liability of the Company had this Certificate not been issued.
2. That all rights of the Company, which would have been available to
the Company by reason of its suretyship under the aforementioned
bond, or otherwise, if this Certificate had not been executed, shall
inure to the benefit of and be fully enforceable by Western Surety
Company.
3. Signed and dated this 29 day of November , 2005.
Western Surety Company
Byr
Barbara A. Fay (attrney-inact)
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Michael J. Gross, Patricia L. Dullard, Michael Harris, Jr., Andrea Warning, Barbara A. Foy,
Kim Pettis, Bhisham Sant, Hannah Niziolek, Patricia J. Kenis, Individually
of Lombard, IL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
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 1 Ith day of October, 2005.
a°"9��RETy"�1 WESTERN SURETY COMPANY
.-_-W.fiO r�ili
""w,„,,.,.„,.�' Paul . Bmflat, Senior Vice President
State of South Dakota
ss
County of Minnehaha
On this I Ith day of October, 2005, before me personally came Paul T. Bruflat, 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; that 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 +` ' "" """" '° '` '` `` ` '''' +
D. KRELL i
November 30, 2006 s s AE NOTARY PUBLIC s p
s SOUTH DAKOTAs
s s
+SSSSyv�.yyyyyyy5yy5ysy•.5 +
CERTIFICATE
1&14 7 ���
Jr D. Krell, No ary Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney 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 subscribed
my name and affixed the seal of the said corporation this 29 day of November 2005
'e,RETYC;,,-, WESTERN SURETY COMPANY
0qq' _
%k pP.wKw"'
L. Nelson, Assistant Secretary
Fonn F4280-01-02
DATE
ACORP, CERTIFICATE OF LIABILITY INSURANCEPage I of 3 F 12 116/2005
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191 1
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC#
INSURED Allied Waste North America, Inc. INSURERA: American Home Assurance Company 19380-004
(Named -Lnsa n t low)
L;o - be Co. 123817-002
1588eO N. Greenway-Hayden INSURERB: Illinois National Ins.
Loop, Suite 100 INSURERC. American Home Assurance Company 19380-005
Scottsdale, AZ 85260 INSURERD: National Union Fire Ins. Co. of Pittsburg 19445-001
1 INSURERE: Ins. Co. of the State of PA 19429-000
r*T*Vj:ftT±TCT:L9
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 D'�L TYPE
FD
POLICY
POLICY
DATEiMMI
POLICY EXPIRATION
DATEMM/DNY
LIMITSLTRIN
A GENERAL LIABILITY
GL5752016
1/1/2006
1/1/2007
EACHOCCURRENCE
$ 2,500,000
X I COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [i] OCCUR
DAMAGES PREMISES (RENTED
Eaoccurence
$ 100, 000
MED EXP (Anyone person)
$
PERSONAL & ADV INJURY
S 2,500,000
GENERAL AGGREGATE
$ 10,000,000
PRODUCTS - COMP/OP AGG
$ 5,000_, 000
L2_EN'L AGGREGATE LIMIT APPLIES PER:
PRO' F7
POLICY T LOC
B UTOMOBILE LIABILITY
��i
C ANY AUTO
CA5887317
CA5887316
1/l/2006
1/1/2006
�1/1/2006
1/l/2007
1/l/2007
COMBINED SINGLE LIMIT
(Ea accident)
$ 5,000,000
BODILY INJURY
(Per person)
$
A ALL OWNED AUTOS
A SCHEDULEDAUTOS
CA5887315
CA5887314
1/l/2006
1/1/2007
1/1/2007
BODILY INJURY
(Peraccident)
$
HIREDAUTOS
NON-OWNEDAUTOS
PROPERTYDAMAGE
(Per accident)
$
I GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
$
OTHERTHAN EAACC
$
ANY AUTO
$
AUTO ONLY: AGG
D EXCESS LIABILITY
X OCCUR CLAIMS MADE
BE4485071
1/1/2006
1/1/2007
EACH OCCURRENCE
S 5,000,000
AGGREGATE
5,000,000
S
DEDUCTIBLE
$
RETENTION $
A 1 WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
WC6610861
1/1/2006
1/1/2007
WC STATU- H-
x i TORY LIMITS I I ER
E.LEACHACCIDENT
$ 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE IWC6610860
1/1/2006
1/1/2007
E.L. DISEASE -EA EMPLOYEE
$ 1,000, QQO
B OFFICER/MEMBER EXCLUDED?
If yes, describe under
E SPECIAL PROVISIONS below �WC6610864
WC6610862
it41/2006
1/1/2006
1/1/2007
1/1/2007
E.L. DISEASE -POLICY LIMIT
$ 1,000,000
E OTHER IWC6610865
A ''iWorkers Compensation I IWC6610863
1/1/2006 �1/1/2007
l/l/2006
l/1/2007
$1,000,000 Each Accident
$1,000,000 Disease Policy Limit
$1,000,000 Limit Each Emplovee
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Named Insured - BFI Waste Systems of No America Inc
Kft;4;§ 111112 LM-A I Z1-- IIj*J IIIIIIJ =1
City of Columbia Heights
591 NE 40th Avenue
Columbia Hgts, MN 55421
ACORD 25 (2001/08) Co11:1489185 Tul:442983
CANCELLATION Statutory Notice For Non -Payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES. r\
:66194 6 9
W11115
CERTIFICATE OF LIABILITY INSURANCEPage 2 of 3
DATE
12/16/2005
PRODUCER
877-945-7378
THIS CERTIFICATE IS ISSUED AS A MATTER
OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON
THE CERTIFICATE
Willis North America, Inc.
- Regional Cert Center
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd.
ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
P. 0. Box 305191
Nashville, TN 372305191
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
Allied waste Nort-n
Inc.
INSURERA American Home Assurance Company
19380-004
(Named insa. Con.t Below)
INSURERB: Illinois National Ins. Co.
23817-002
15880 N. Greenway-Hayden
Loop, Suite 100
INSURERC: American Home Assurance Company
19380-005
Scottsdale, AZ 85260
INSURERD:National Union Fire Ins. Co. of Pittsburg,19445-001
INSURERE: Ins. Co. of the State of PA
19429-000
UtbUHIP'11UN Ur Ul'tHA I 1UNt1/LU',A I 1UNb/VMr11ULtb/tAULUb1UNZ, AUL)tU OY tNUUHt1rMtN lfbYrWAL YHUVIZIIUNZI
(Employers Liability (Stop Gap) coverage for Monopolistic States is included:
Certificate Holder is Additional Insured, except for Workers Compensation,
if required by written contract.
Coll:1469185 Tpl:442983 Cert:6619469
Page 3 of 3
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.
ACORD 25 (2001/08) Colla1489185 Tpl:442983 Cert:6619469
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:
PRINCIPAL: 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 term of said bond is extended
from January 1, 2006 to December 31, 2006; 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 sum of $120,000.00.
IN WITNESS WHEREOF, the said Principal and Said Surety have signed or
caused this Certificate to be duly signed and their respective seals hereto affixed as
follows:
Signed, Sealed, and Dated: December 14, 2005.
Allied Waste Services of North America, LLC
(Principal)
By:
Sandra Parker, Attorney -in -Fact
WESTERN SURETY COMPANY _
BY:
Melissa Haddick, Attorney -in -Fact
CNA
For All the Commitments You Make
NO T iCE
In accordance with the Terrorism 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 following 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
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 its principal office in the City of Sioux Falls, 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, TX, 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 obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
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.
„., WESTERN SURETY COMPANY
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T DF Paul 7rBruflat, Senior Vice President
State of South Dakota 1
J(
County of Minnehaha ss
On this 19th day of January, 2004, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, 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; that 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
f D. KRELL i
1r NOTARY PUBLIC S B
SOUTH DAKOTA .r
44'i •s444i4b'v44 h's4S4'��s S�,'+�m f
CERTIFICATE
��& 7 "Dell.N.ry Public
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation nt d on the reverse he f is still in fo e. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this ^. day of
uRE7'r�,.
Q� poq C"N WESTERN SURETY COMPANY
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"'.L. Nelson, Assistant Secretary
Form F4280-01-02 -
ALLIES WASTE
I N D U S T R I E S, I N C,
POWER OF ATTORNEY
`i_ and
Allied Waste industries, inc., incorporated under the laws of'
the State ofT'1 llerawar e, and cLa_ving
its chief place of business at 15880 N. Greenway-Hayden Loop, Suite 100, Scottsdale, Arizona
85260, hereby makes, constitutes and appoints Mi arsh USA Inc, acting through and by any of
Robert Bruce, Donald R. Gibson, Melissa Haddick, Mary Ann Garcia, Richard Covington and
Sandra Parker, 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:
I. 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 instrument 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 its
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 Arnerica, 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. shalt lawfully do pursuant to
this power of attorney and the letter agreement dated October 29, 2002 between Marsh
USA Inc and Allied Waste Industries, [ne, and until 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 �j� d of November,
2002, on behalf of Allied Waste Industries, Inc. by its Vice President, Legal, Steven M. Helm.
ALLIED WASTt INPISTRIE INC.. a
Delaware cocpo-rat'rp,n
r
By: l�/
Steven M. I*I
STATE OF AFJZONA
) ss.
COUNTY OF MARICOPA )
Subscribed and sworn to before me this day of November. 2002, by Steven M.
Heim.
c�evt sec
USA J. SUt{TN
Notary Public - Sratn d Arizona
M' ANCOPA COUNTY ry P u
My Cartxm E4�res,brb 22.2(HI.9 %
15880 N. Greenway-Hayden Loop, Sre. 100 / 5consdale. AZ 85260
480.627.2700 / 480.627.2701 FAX