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HomeMy WebLinkAboutCC WS PACKET 03082022CITY OF SAINT ANTHONY VILLAGE WORKSESSION AGENDA Tuesday, March 8, 2022 at 5:45PM Join Meeting via Zoom There is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Minutes Approval Of WS Meeting Minutes WS 2 -22 -22.PDF Worksession Topics Organized Collection Charlie Yunker, City Manager presenting COVER OG RFP.PDF DRAFT_SAV_RFP 2022.PDF DRAFT_SAV_CONTRACT 2022.PDF Future Worksession Dates, Times And Agenda Items Next Worksession: April 12, 2022 FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. 1. A. Documents: 2. A. Documents: 3. Documents: 4. CITY OF SAINT ANTHONY VILLAGEWORKSESSION AGENDATuesday, March 8, 2022 at 5:45PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. MinutesApproval Of WS Meeting MinutesWS 2 -22 -22.PDFWorksession TopicsOrganized CollectionCharlie Yunker, City Manager presentingCOVER OG RFP.PDFDRAFT_SAV_RFP 2022.PDFDRAFT_SAV_CONTRACT 2022.PDFFuture Worksession Dates, Times And Agenda ItemsNext Worksession: April 12, 2022FUTURE AGENDA ITEMS.PDFAdjournmentIf you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe. 1.A.Documents:2.A.Documents:3.Documents:4. City of St. Anthony CITY COUNCIL WORK SESSION Minutes February 22, 2022 Present: Mayor & Council Randy Stille, Mayor, Thomas Randle, Councilmember, Wendy Webster, Councilmember and Jan Jenson, Councilmember, Bernard Walker, Councilmember Staff: Charlie Yunker, City Manager Call to Order: Mayor Stille called the Work Session to order at 5:45 p.m. Council Onboarding & Core Competencies: Councilmember Webster reviewed the information provided in the packet as a follow-up from the previous Council discussion on November 9, 2021 regarding Core Competencies and enhancing the onboarding process. Councilmember Webster described the overall objective of improving team performance and integrating shared values, norms, review areas of open meeting law and conflicts of interest, and equity and inclusion in policymaking. As well as any other areas identified as the process moves forward. Council discussed the benefits and objectives of the overall exercise. Councilmember Jenson introduced the idea of utilizing a list of Servant Leadership principles from SGR that has appeared in the Goal Setting packet the last two years. The Council also discussed the importance of attending the League of Minnesota Cities orientation sessions for new Councilmembers as well as less formal events and gatherings. Councilmember Webster discussed the values of all the forms of team building exercise help build shared understandings, and Council discussed the benefit of a more consistent onboarding process. City Manager Yunker proposed the idea for Council to consider in the future that the Council all participate in onboarding as a team with staff in support, rather than driving the process. Council discussed adding crisis communications to the scope of onboarding, and perhaps have a table top exercise with staff on that topic. Mayor Stille suggested that other areas of the Strategic Plan and Pyramid have more focus for discussion in January, 2023. Councilmember Jenson offered thoughts on initial enhancements to the onboarding presentation, and Council agreed to conduct further session throughout the year to complete unfinished areas of shared values, norms, review areas of open meeting law and conflicts of interest, and equity and inclusion in policymaking in the onboarding process. Future Work Sessions: Next Work Sessions will be held on March 8th, 2022, at 5:45pm in the Council Chambers. Adjournment: The meeting adjourned at 6:55 p.m. Respectfully submitted by Charlie Yunker, City Manager. MEMORANDUM To:Saint Anthony Village City Council From:Charlie Yunker, City Manager Date:March 8, 2022 City Council Work Session Request:Organized Collection Request for Proposals (RFP) BACKGROUND At the 2022 Goal Setting session, Council discussed their priorities for the City’s next organized collection contract. Through that discussion the below items were identified to he included/revised from the previous RFP: Curbside organics collection Weekly recycling collection Seek proposals from a single hauler to service the whole City The Council also expressed a desire to review the RFP at a work session to further discuss priorities before releasing the RFP. Subsequently, staff held the annual meeting with our current haulers of Republic Services, Walter’s Recycling and Refuse, and Waste Management. During that conversation the haulers expressed interest in maintaining the three-hauler arrangement, but acknowledged the Council’s desire to consider a single-hauler arrangement. The haulers also discussed the challenges with organics in the Hennepin County portion of the City and the impacts of additional trucks for separate organics collection. They also advised that an opt-in option for residents tends to realize low usage, and an opt-out option with everyone paying for the service but the option to opt-out of receiving the service approach tends to be more cost efficient for both the haulers and the residents overall. Attached is the draft RFP for review and feedback, as well as the draft contract which will be reviewed and revised based on the outcome of the RFP process. DISCUSSION ITEMS FOR COUNCIL FEEDBACK Below are the specific items for discussion and feedback: Does the Council have any revisions to the RFP? Other considerations for staff? ATTACHMENTS: Draft RFP Draft Contract Draft Request for Proposals Residential Solid Waste and Recycling Services City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Released:________, ______ ___, 2022 Proposals due:________, ______ ____, 2022 Table of Contents SUMMARY iii 1.INTRODUCTION AND BACKGROUND INFORMATION...........................................................................1 1.1 General Scope of Service...........................................................................................................1 1.2 Background Census Information...............................................................................................2 1.3 RFP Service Level Assumptions.................................................................................................2 1.3.1 Clean-Up Event...........................................................................................................3 2.INSTRUCTIONS TO PROPOSERS............................................................................................................3 2.1 Deadline....................................................................................................................................3 2.2 Complete Proposals Required...................................................................................................3 2.3 Preparation and Submission of Proposals.................................................................................3 2.4 Proposals Held Confidentially...................................................................................................4 2.5 Restricted Communication........................................................................................................4 2.6 City Responses to Questions.....................................................................................................4 2.7 Minimum Qualifications of Responsive Proposers...................................................................4 2.8 Contract Period/Renewals........................................................................................................4 2.9 Proposal Evaluation Criteria......................................................................................................5 2.10 Proposers May Inspect City Routes and Facilities.....................................................................5 2.11 Amendments to the Scope of Services.....................................................................................5 2.12 The City is Providing Best Available Information in this RFP.....................................................5 2.12.1 Equipment and Route Description.............................................................................6 2.12.2 Road Weight Restrictions...........................................................................................6 2.12.3 Cart Ownership, Management, and Administration..................................................6 2.12.4 Public Education Plan.................................................................................................6 2.12.5 Operations Management Plan....................................................................................6 2.13 Price Proposals..........................................................................................................................7 Tables Table 1-1 Population.................................................................................................................................2 Table 1-2 Current Refuse and Recycling Accounts by Service Level.........................................................2 Table 1-3 Additional Cart Counts..............................................................................................................3 St. Anthony Village Request for Proposals Residential Solid Waste and Recycling Services Page iii Attachments Attachment A:Proposal Forms Attachment B:Draft Contract For Residential Solid Waste And Recycling Services St. Anthony Village Request for Proposals Residential Solid Waste and Recycling Services Page iv Request for Proposals Residential Solid Waste and Recycling Services SUMMARY Request for Proposals (RFP) The City of St. Anthony , Minnesota is soliciting sealed proposals for: Residential Solid Waste and Recycling Services. RFP contents are inclusive: Full contents of this RFP includes all attachments incorporated into this RFP by reference. Responders must review and familiarize themselves with the full RFP packet including all attachments and any addenda issued. Issue and receiving office: City of St. Anthony, City Manager 3301 Silver Lake Road St. Anthony, MN 55418 Sole City contact person for all RFP communications: All communications about this RFP after its release and up through the due date shall be in writing through the City’s designated contact person: Charlie Yunker, City Manager charlie.yunker@savmn.com St. Anthony Village Request for Proposals Residential Solid Waste and Recycling Services Page v RFP Time Schedule: RFP Released _________________ ___, 2022 Proposals Due _________________ ___, 2022 at 12:00 p.m. (Noon) Deadline for Proposer Questions _________________ ___, 2022 at 12:00 p.m. St. Anthony Village Request for Proposals Residential Solid Waste and Recycling Services Page 1 INTRODUCTION AND BACKGROUND INFORMATION The City of St. Anthony (City) is seeking competitive proposals from qualified companies (referred to as “Proposers") to provide comprehensive solid waste and recycling services to all residential single-family and multi-family households of three units or less within the City limits. This document, together with all Forms and Exhibits, shall serve as the “Request for Proposal” (RFP) for the services. The term “Proposer” means a company submitting an RFP. The term “Contractor” means a company later contracted with the City of St. Anthony to provide solid waste and recycling services once the new, final Contract is fully executed by both parties. These and all other terms defined for this entire RFP packet are included in Attachment A – Draft Contract for Residential Solid Waste and Recycling Services. The new Contract shall commence operations on April 1, 2023, and continue through March 31, 2028. General Scope of Service The City intends to maintain its organized Collection structure for contracting solid waste and Recycling services. The list of contract services includes but is not limited to the following. City-wide, weekly Refuse Collection service and delivery to a disposal facility City-wide, every-other-week (EOW) Recycling Collection service and delivery to a materials recovery facility Subscription, weekly seasonal (April through November) Yard Waste Collection service and delivery to a Composting Facility Ownership and management of all Refuse, Recycling, and Yard Waste Carts Subscription “on-call” Bulky Waste Collection service and delivery to a disposal facility St. Anthony Village Request for Proposals Residential Solid Waste and Recycling Services Page 2 Refuse and Recycling services from designated City buildings, and park facilities at no charge to the City Drop-off collection event for annual spring City Clean-Up Day Public education services from the Contractor Curbside organics recycling The “city-wide” services (i.e., Refuse and Recycling) means regularly scheduled Collections that are provided to every Customer that sets out Refuse or Recyclable materials as specified in this RFP. The “subscription” services (i.e., Yard Waste and Bulky Waste) mean that these Collections shall be made available to every Customer, but provided to only those households that sign-up with the Contractor and voluntarily pay the extra fees specified in the Contract for these additional, optional services. The Contractor is responsible for billing St. Anthony Customers directly. Customers are required to pay for solid waste and Recycling services to the Contractor. The City recognizes there are many Collection methods, new technologies, and facilities available today for residential collection of Source Separated Organic Materials. The City intends to continue planning for curbside organics recycling services and may elect to implement such a system under during the term of the new Contract. Proposers should include their proposed curbside organics collection method. Other improvements to the current operations are specified in this RFP. Proposers should read the entire RFP to understand all service specifications and requirements. Background Census Information The City of St. Anthony is a fully-developed metropolitan community that spans Hennepin and Ramsey Counties. The City is approximate 2.36 square miles in area. Table 1-1 displays the population estimates by County reported by the Metropolitan Council. St. Anthony Village Request for Proposals Residential Solid Waste and Recycling Services Page 3 Table 1-1 Population (Metropolitan Council Estimates) Metropolitan Council Initial Results from the 2020 Census Published August 2021 City or Township Population, 2010 Census Population, 2020 Census 2010-2020 Population Change Households, 2010 Census Households, 2020 Census 2010-2020 Household Change St. Anthony (Hennepin)5,156 5,612 456 2,210 2,248 38 St. Anthony (Ramsey)3,070 3,645 575 1,638 1,844 206 Source: Metropolitan Council RFP Service Level Assumptions Proposers shall use the following assumptions to estimate service levels for purposes of estimating efforts in Collection operations. Table 1-2 displays the current number of Refuse and Recycling accounts by service level. Table 1-3 displays the additional Cart counts. These are best available estimates only, submitted by the current contractors, and do not represent any form of guarantee of minimum accounts. The City makes no guarantee of the number of Customers under this Contract. The Contract requires the Contractor to provide annual Customer counts. Table 1-2 Current Refuse and Recycling Accounts by Service Level St. Anthony Village Request for Proposals Residential Solid Waste and Recycling Services Page 4 Service Level (Approximate cart size) Number of Refuse Accounts Number of Recycling Accounts Small, every other week (30-gallon) Small, weekly (30-gallon) Medium, weekly (65-gallon) Large, weekly (96-gallon) TOTAL Table 1-3 Additional Cart Counts Number of Customers with additional Refuse carts Number of Customers with additional Recycling carts 1.1.1 Clean-Up Event The City offers an annual City Clean-Up Day typically held on the first Saturday in May. Materials accepted include Refuse, Bulky Waste (e.g., furniture and mattresses), and special wastes (e.g., Electronics and Appliances). See Draft Contract (Attachment B) and City website for additional details. INSTRUCTIONS TO PROPOSERS Deadline The deadline for submitting proposals is 12:00 p.m. (Noon) on _____________ ___, 2022. Late proposals will not be considered. St. Anthony Village Request for Proposals Residential Solid Waste and Recycling Services Page 5 Complete Proposals Required Proposers are invited to submit a proposal for these services. Specifications, terms, conditions, and instructions for submitting proposals are contained in this RFP, including all Forms (Attachment A) and the Draft Contract (Attachment B). All responsive Proposers shall submit a complete proposal by submitting all the information required within this RFP, including all Forms, before the deadline. Failure to submit a complete proposal may result in the City rejecting that incomplete proposal as non-responsive. Proposers may also submit an alternate proposal that has value-add to the City. Preparation and Submission of Proposals Proposals shall be legibly prepared, provide the complete address of the Proposer, and be legally signed. All copies must be submitted in sealed envelopes or boxes and plainly marked with the project name: “Proposal for Solid Waste and Recycling Services”. Facsimile (i.e., “fax”) and emailed proposals will not be accepted. One (1), unbound copy; three (3), bound hard copies of each proposal; and one (1) electronic copy via USB thumb drive must be submitted and delivered the following address: City of St. Anthony City Manager 3301 Silver Lake Road St. Anthony, MN 55418 Proposals Held Confidential ly Immediately after the deadline for proposals to be submitted, only the company names of Proposers submitting proposals will be made public consistent with the Minnesota Government Data Practices Act (M.S. 13.591, subd. 3(b)). All proposal documents shall be held as confidential until a new, final Contract is fully executed. St. Anthony Village Request for Proposals Residential Solid Waste and Recycling Services Page 6 If a Proposer wants the City to consider a portion of its proposal as confidential (e.g., trade secret or proprietary data) pursuant to the Minnesota Government Data Practices Act, these sections of their proposal must be submitted within a separate envelope and cover letter explaining the reason for the request. The City will review any such request and make a final judgment on whether these sections shall be held by the City as confidential per the Minnesota Government Data Practices Act. Requesting all or substantially the entire proposal be deemed confidential may result in the proposal being considered non- responsive by the City. Restricted Communication The City intends to provide equal and consistent communications to all prospective Proposers throughout this RFP process. Therefore, it is critical all communications about this RFP after its release and up through final execution of the new contract be in writing through the City’s designated contact person: Charlie Yunker, City Manager charlie.yunker@savmn.com City Responses to Questions Questions received and responses provided by City staff will be provided, in writing, to all interested Proposers. Minimum Qualifications of Responsive Proposers Proposals will only be considered and reviewed from companies that have relevant experience in providing solid waste and Recycling services comparable to those described in this RFP packet. A minimum of three (3) references for current or past customers is required. Proposers shall possess a mixed municipal solid waste collection and transportation license from the county in which they are based and the City of St. Anthony Hauler License. St. Anthony Village Request for Proposals Residential Solid Waste and Recycling Services Page 7 Contract Period/Renewals The term of the Contract shall be for a period of five years commencing operations on April 1, 2023, and expiring on March 31, 2028. At the sole option of the City of St. Anthony, the Contract may be renewed for up to two additional five-year terms. Proposal Evaluation Criteria The City Council will determine, in its sole discretion, considering various factors such as (without limitation) those set forth below, which Proposer shall be awarded the Contract. The following criteria will be used to evaluate proposals: Price Schedules Estimated total costs over the five-year contract period. Disruption of Service Disruption to Customers as a result of any necessary service changes that may occur as a result of the final Contract. Experience and Capacity Demonstrated capability, including the company’s financial condition. Thoroughness and Responsiveness to this RFP Demonstrated understanding of the City’s needs, goals, objectives, service specifications, and quality standards. References A minimum of three (3) references for current or past customers is required. No single criterion will be determinative of the best proposal, and the foregoing list is not exhaustive. All complete proposals received prior to the deadline will be reviewed and compared with competing proposals in order for the City Council to determine, in its sole discretion, which proposal is in the best interests of the residents of St. Anthony. The City of St. Anthony reserves the right to contract with a solid waste hauler who does not submit the lowest cost proposal. St. Anthony Village Request for Proposals Residential Solid Waste and Recycling Services Page 8 Proposers May Inspect City Routes and Facilities Prospective Proposers are encouraged to tour the City’s residential routes and specified City buildings and City parks to become familiar with solid waste and Recycling Collection work described in this RFP packet. Amendments to the Scope of Services The City may, at its own discretion, add services to or delete services from the scope of work described in this RFP packet. The City will notify prospective Proposers of any such amendments by issuing an addendum to this RFP. The City is Providing Best Available Information in this RFP Throughout this RFP, the City has exerted its best efforts to present information and data applicable to this project that is as current and as accurate as possible. The City is providing the information contained herein as a courtesy to the Proposers. It is the Proposer’s responsibility to use and verify this information during the proposal period. This RFP requires that residential Refuse collected from St. Anthony under this Contract will be kept separate from other materials. The Contractor must comply with appropriate county solid waste designation ordinances and other solid waste requirements. All Refuse must be delivered to the appropriate resource recovery facility. 1.1.2 Equipment and Route Description The Proposer shall submit equipment specifications of all the equipment to be used. The Itemized Listing of Trucks and Other Collection Equipment (Form F) is to be used for this purpose. 1.1.3 Road Weight Restrictions The Proposer shall state how the vehicle design and operation will meet all City, county, and state load weight limits. The fully loaded gross vehicle weight and weight per axle shall be listed for each of the proposed trucks. St. Anthony Village Request for Proposals Residential Solid Waste and Recycling Services Page 9 1.1.4 Cart Ownership, Management, and Administration This RFP requires that the Contractor shall be responsible and pay for all aspects of Cart management and operations including but not limited to transportation from the manufacturer, ordering, receiving, assembly, distribution (aka new Cart “roll out”), excess inventory, spare parts inventory, warranty maintenance, and other repairs. Upon a change in Contractor, this RFP requires that the successful Contractor submit a Cart management and transition plan as specified in the Proposer Questionnaire Form (Form B). For example, the Contractor shall include a summary that adequately describes a plan for the receipt, assembly, distribution, storage, maintenance, and replacement of Carts. The Contractor shall be primarily responsible for all aspects of the transition operations but shall keep the City fully informed of field operations during the transition period. 1.1.5 Public Education Plan The proposal must describe the public education services as specified in this RFP. The City encourages Proposers to be creative and assertive in proposing other public education tools. Examples of other, optional Contractor-provided public education tools could include (but are not limited to) Contractor’s own web page specific to St. Anthony, other electronic/social media (e.g., email blasts, blogs, etc.), and residential Recycling awards as additional incentives to participate in the City’s Recycling program. 1.1.6 Operations Management Plan The operations management plan must include a description of the proposed management structure and approach, as well as a statement of the problems that the Proposer believes are likely to arise during Collection, start-up, and for ongoing operations and the methods proposed to deal with them. This should include, at a minimum, such problems as employee absenteeism, equipment breakdowns, and capability to provide Collection of optional/additional materials. The operations management plan must address specifically how the Proposer will work with the City to identify and resolve consistent sources of problems. A staffing plan indicating St. Anthony Village Request for Proposals Residential Solid Waste and Recycling Services Page 10 number of employees and how they will be staffed to ensure Collections capacity and customer service must also be included in the operations management plan. Price Proposals All proposed prices shall be submitted on the Price Worksheet (Form E) and executed by an authorized official. City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-1 ATTACHMENT A PROPOSAL FORMS Instructions: Please use this Word document to enter your responses to the RFP questions. When you’re done, please print and sign the final forms for submittal with your proposal. You may also print out this document, fill in your numeric answers by hand, attach additional sheets for typed narrative answers, and then sign the forms. All forms completed manually must be clear and legible. All forms must be completed and submitted for the proposal to be deemed responsive. The Proposer must indicate clearly on the form(s) if any information is not applicable. All forms must be executed by an official authorized to bind the Proposer and must be submitted as part of the proposal. Table of Contents Form A: Proposal Content Checklist..........................................................................................................F-2 Form B: Proposer Information Questionnaire...........................................................................................F-3 Form C: Certification Of Binding Signature................................................................................................F-7 Form D: Certification Of Independent Proposal Pricing............................................................................F-8 Form E: Price Worksheet...........................................................................................................................F-9 Form F: Itemized Listing Of Trucks And Other Collection Equipment.....................................................F-13 Form G: Certification Of Acceptance Of The Draft Contract Or Notification Of Proposed Exceptions...F-14 Form H: Acknowledgement Of Receipt Of Addenda (If Published).........................................................F-15 City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-2 City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-3 FORM A: Proposal Content Checklist Instructions: Please check off the forms and other proposal sections to assure your proposal is complete and all forms are signed: ☐Proposal Cover Letter ☐Form A:Proposal Content Checklist ☐Form B:Proposer Information Questionnaire (including references) ☐Form C:Certification of Binding Signature ☐Form D:Certification of Independent Proposal Pricing ☐Form E:Price Worksheet ☐Form F:Itemized Listing of Trucks and Other Collection Equipment ☐Form G:Certification of Acceptance of the Draft Contract or Notification of Proposed Exceptions ☐Form H:Acknowledgement of Receipt of Addenda City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-4 FORM B: Proposer Information Questionnaire (Including references) Instructions: Use this form (available in Word format) and attach additional pages as necessary to respond to each of the following questions. GENERAL CONTACT INFORMATION Name of Company Proposing: _________________________________________________ Name of Parent Company (if applicable): _________________________________________ Address: _______________________________________________________ Telephone: _____________________________________________________ Email: _________________________________________________________ Website: _____________________________________________ Name of Contact Person: _____________________________________________ Title: __________________________________________________________ Authorized Signature: _____________________________________________ Date: __________________________________________________________ REFERENCES On separate page(s), provide a minimum of three collection references for current or past customers. References should include municipality, capacity (total number of households served), contract structure between the organization and the municipality or public agency being serviced, type and frequency of service provided, etc. City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-5 City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-6 BUSINESS INFORMATION State the length of time you have been in business under your present company name. Within the past five years, has the company submitting this proposal failed to complete a contract? ☐ Yes ☐ No o If yes, state name of parties to the contract, the date of the contract and the reason for non- completion. If a bond was posted, state the contact information for the bond company. Within the past five years has the company submitting this proposal, or any facility or property owned or operated by this company, failed to perform any of its contractual obligations with any municipality, county or other public entity? ☐ Yes ☐ No o If yes, state the nature of the failure? Within the last five years, has the company submitting this proposal, or any facility or property owned or operated by your company, ever been the subject of administrative or judicial action for alleged violation of the conditions of a permit issued by a governmental entity; or alleged violations of employment, environmental, zoning, or public health laws or regulations? ☐ Yes ☐ No City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-7 o If yes, state the details and disposition. Has the company submitting this proposal or any of its subsidiaries been a party to any lawsuits within the last five years that may affect its ability to perform the obligations described in the proposal? ☐ Y e s ☐ No o If yes, list these lawsuits. List names and business addresses of all individuals financially associated with the company that is submitting this proposal. RFP QUALIFICATIONS AND PROPOSAL ELEMENTS 1.General Management. What is the proposing company’s management structure? At a minimum, describe successful working relationships with municipalities and/or public solid waste agencies as well as past and anticipated approaches to customer service. 2.Financial Stability and Strength. Demonstrate sufficient financial resources to carry out the responsibilities as outlined in this RFP. Include the following: A specific letter from a surety company or a guarantor indicating the intent to provide the Proposer’s performance bond must be provided in the proposal. Proposers must submit at least three credit references. Submit evidence of the ability to finance the equipment needed by submitting a financing plan for necessary equipment. Where the Proposer is a corporation, submit evidence that the Proposer is in good standing under the laws of the state of incorporation. City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-8 Any litigation history (with explanation) for the last five years regarding any company, partner, subcontractor(s), or subsidiary involved in this venture, and/of any corporate officer 3.Refuse and Recyclables Collection Experience. Describe your overall experience in the solid waste industry and experience in the successful operation of the type of services solicited in this RFP. 4.Unde rstanding of Proposed Services. Provide sufficient information to demonstrate the Proposer’s clear understanding of the services requested by the City through this RFP included, but not limited to the following items. Collection proposal Proposed Refuse processing plan Equipment and route description Road weight restrictions - What are your plans for reducing impacts on roads and means to comply with road weight restrictions? Transition to new Contract (e.g., switching to citywide coverage by one hauler) Cart management plan Public education plan Frequency of customer invoices for Refuse, Recycling, Yard Waste, and other solid waste Collection services Operations management plan 5.Curbside Organics Recycling. Summarize your experience with Organics Recycling. Also, summarize your proposed collection method (e.g., dedicated organics Carts, durable compostable bags, or commingled with yard waste) for curbside Organics Recycling if the City elects to implement such a program during the term of this Contract. 6.Provide the name of the material recovery facility where you will take Recyc lables. City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-9 Signature of person duly authorized to sign submittal on behalf of the Proposer: ______________________________________________ Authorized Signature ________________________________________________________________________ Print Name Date City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-11 FORM C: Certification of Binding Signature Instructions: All forms provided in this RFP are required to be completed and be executed by an official authorized to bind the proposal offer. All completed forms shall be made a part of the Proposer’s proposal. All proposal forms must be signed by the same authorized person. The undersigned Proposer further certifies that he/she has read the information submitted by the Proposer and has personal knowledge that the information submitted is true and correct. I swear that I am authorized to execute all proposal forms included in this proposal response to the RFP and to bind the company to these agreements; and swear that I have read the information contained in this proposal and that I have personal knowledge that it is true and correct. _________________________________________ Signature of Authorized Person _________________________________________ Printed Name of Authorized Person _________________________________________ Title _________________________________________ Proposer Company Name _________________________________________ Date City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-12 FORM D: Certification of Independent Proposal Pricing Instructions: This form shall be executed by the authorized official to bind the company. The Proposer makes the following representations and certifications as part of this proposal: The undersigned Proposer certifies that the Proposer has not directly or indirectly entered into any agreement, express or implied, with any other Proposer(s) for any of the following: 1.Controlling of the price of such proposal(s): 2.Limiting of the number of proposals or Proposers; or 3.Parceling or farming out to any Proposer(s) or other persons of any part of the Contract or any part of the subject matter of the proposal(s) or of the profits. The undersigned Proposer certifies that they have not and will not divulge the sealed proposal to any person except those as a part of a legitimate Team as per the specifications of this RFP or having a partnership or other financial interest with them in said proposal or proposals until after the Contract is fully executed or until the City publicly releases this sealed information. The undersigned Proposer further certifies that the Proposer has not been a party to any collusion including, but not limited to, actions such as: 1.Proposers restraining the freedom of competition by agreement to make a proposal at a fixed price or pre-arranged price limit; 2.Refraining from submitting a proposal at a fixed or pre-arranged price limit; or 3.Refraining from submitting a proposal. The undersigned Proposer further certifies that the Proposer has not engaged in any prohibited contact or conflict of interest with any City official or its agents such as, but not limited to: 1.Discussion of service quantity, quality, or price in the prospective Contract or any other terms of said prospective Contract; or City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-13 2.Any other prohibited discussions between the Proposers and City officials or agents concerning the exchange of money or other things of value for special consideration in the letting of a Contract. Signature of person duly authorized to sign submittal on behalf of the Proposer: ______________________________________________ Authorized Signature ________________________________________________________________________ Print Name Date City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-14 FORM E: Price Worksheet Instructions: All Proposers must fully complete this form in order for the proposal to be considered. All proposed Refuse prices listed on this form shall exclude all other charges and taxes (e.g., State Solid Waste Management Tax, county environmental charges, administrative fees, fuel surcharges, county environmental charges, etc.). County charges and State taxes are to be billed to residents by the Contractor and itemized separately as required by law. Refuse Collection Prices The proposed refuse collection prices must be itemized separately from the proposed refuse disposal price for each service level (i.e., by container size and collection frequency) shown in the worksheet below. There will be annual adjustments to the refuse collection prices calculated proportionally to the annual CPI change. The specific CPI index used shall be the Bureau of Labor Statistics Consumer Price Index Calculator for All Urban Consumers, U.S. City Average Area, Garbage and Trash Collection (Series ID CUUR0000SEHG02). Refuse Disposal Prices Refuse disposal prices will be adjusted each year after 2022 proportional to the change in the tipping fees at the respective County resource recovery facility. For Ramsey County Customers, the disposal price will be adjusted proportionally to the change in the R&E Center tipping fees (net cost after any County rebates). For Hennepin County Customers, the disposal price will be adjusted proportionally to the change in the HERC tipping fees (net cost after any County rebates). Recycling Prices The proposed Recycling prices shall be inclusive of the costs of Collection, processing, and marketing of Recyclables. There will be annual adjustments to the Recycling price calculated proportionally to the annual CPI change. The specific CPI index used shall be the Bureau of Labor Statistics Consumer Price Index Calculator for All Urban Consumers, U.S. City Average Area, Garbage and Trash Collection (Series ID CUUR0000SEHG02). City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-15 Yard Waste Prices The proposed Yard Waste prices shall be inclusive of costs of collection, composting of Yard Waste. The Yard Waste service levels options are specified in the worksheet below. There will be annual adjustments to the Yard Waste price calculated proportionally to the annual CPI change. The specific CPI index used shall be the Bureau of Labor Statistics Consumer Price Index Calculator for All Urban Consumers, U.S. City Average Area, Garbage and Trash Collection (Series ID CUUR0000SEHG02). Bulky Waste Prices The proposed Bulky Waste prices shall be inclusive of costs of collection and disposal. The contractor will provide a comprehensive list of the items to be collected, the average cost for each item to be picked up, and a standard per pick up cost for the Customer. Price Worksheet City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F 16 Service Level ( A p p r o x i m a t e c a r t s i z e ) Collection Frequency Collection Fee Only Disposal Fee Only Cost to Customer Units Refuse: Small cart (35-galllon)Every other week $$per household per month Small cart (35-galllon )Every week $$per household per month Medium cart (65-galllon )Every week $$per household per month Large cart (95-galllon )Every week $$per household per month Additional large cart Every week $$per household per month Recyclables: Single sort recycling (Every other week) Includes collection, processing, and marketing of materials $per household per month Yard Waste (Subscription or on call): Full season yard waste (Every week, all season) Up to five extra bags included per week $per household per year Partial season (Approx. April 15 to May 15; Oct. 1 to Nov. 15) Four weeks in the spring; Six weeks in the fall $per household per year Overflow yard waste bags On-call or subscription with over five (5) bags per week $per bag Bulky Waste: Bulky waste items On-call; Contractor keeps recyclable revenue $per pick up Organics: Weekly or Every Other Week Includes collection, processing, and marketing of materials $per household per month City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-17 Signature of person duly authorized to sign submittal on behalf of the Proposer: ______________________________________________ Authorized Signature ________________________________________________________________________ Print Name Date City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-19 FORM F: Itemized Listing of Trucks and Other Collection Equipment Instructions: This form shall be executed by the authorized official to bind the company. Information should be completed for each different model of equipment proposed (including any spares). This list should include equipment to service the specified residential units in the City. Make Model Year Capacity/ Cubic Yards Loading Method Fully Loaded Gross Vehicle Weight Axles Currently Owned/New Purchase Signature of person duly authorized to sign submittal on behalf of the Proposer: City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-20 ______________________________________________ Authorized Signature ________________________________________________________________________ Print Name Date City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-21 FORM G: Certification of Acceptance of the Draft Contract or Notification of Proposed Exceptions ____________________________________________________________________________ [Proposer’s Company Name] has reviewed the draft City of St. Anthony Contract in the RFP (Attachment B). ☐We have no changes to request to the draft Contract and no exceptions to the proposed Contract language. We hereby certify legal counsel for our company has reviewed draft Contract and accepts language “as is”. If awarded the Contract by the City, we hereby certify we will execute the final Contract without any changes. Or ☐We have exceptions to the draft Contract language. We have proposed changes to the draft Contract. We have attached a redlined (“tracked changes”) version of the draft Contract that itemizes our changes or exceptions. We hereby certify legal counsel for our company has reviewed the draft Contract and accepts language with proposed changes. No other exceptions or changes are or will be proposed. If awarded the Contract, we hereby certify we will execute the final Contract if our proposed changes are accepted by the City. Signature of person duly authorized to sign submittal on behalf of the Proposer: ______________________________________________ Authorized Signature ________________________________________________________________________ Print Name Date City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-23 FORM H: Acknowledgement of Receipt of Addenda (If Published) Please acknowledge receipt of addenda to the City’s RFP for Solid Waste and Recycling Services with your signature. An opportunity to acknowledge up to five addenda is included in this form but does not necessarily mean that any addenda will be provided. ☐Addendum 1 ☐Addendum 2 ☐Addendum 3 ☐Addendum 4 ☐Addendum 5 Signature of person duly authorized to sign submittal on behalf of the Proposer: Authorized Signature Printed Name Date City of St. Anthony RFP | Residential Solid Waste and Recycling Attachment A Proposal Forms F-24 ATTACHMENT B DRAFT CONTRACT FOR RESIDENTIAL SOLID WASTE AND RECYCLING SERVICES DRAFT CONTRACT FOR RESIDENTIAL SOLID WASTE AND RECYCLING SERVICES Between the City of St. Anthony and _________________ For the Contract Period April 1, 2023 – March 31, 2028 City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Phone (612) 782-3301 Fax (612) 782-3302 Equal Opportunity/Affirmative Action Employer Page ii This page intentionally left blank Page iii pw:\\PW-APS1.foth.com:PW_IE\Documents\Clients\Ramsey Co PH MN\0019R001.00\10300 Draft Documents\SAV - Silent contract review\2019 RFP\REDLINE_DRAFT_SAV_RFP.docx Table of Contents 1.TERM OF CONTRACT..............................................................................................................2 2.DEFINED TERMS.....................................................................................................................2 2.1.Appliances (Major)........................................................................................................3 2.2.Bulky Waste..................................................................................................................3 2.3.Cart...............................................................................................................................3 2.4.Collection......................................................................................................................3 2.5.Composition..................................................................................................................3 2.6.Compostable Bag(s)......................................................................................................3 2.7.Composting Facility.......................................................................................................3 2.8.Contaminants as Collected...........................................................................................3 2.9.Contractor.....................................................................................................................3 2.10.Customer......................................................................................................................4 2.11.Day-Certain Collection..................................................................................................4 2.12.Electronics....................................................................................................................4 2.13.Every-Other-Week Refuse Collection or EOW Refuse Collection.................................4 2.14.Extra Collection.............................................................................................................4 2.15.Extended Absence or Refuse Hold................................................................................4 2.16.Refuse...........................................................................................................................4 2.17.HERC.............................................................................................................................4 2.18.Holidays........................................................................................................................4 2.19.Household.....................................................................................................................4 2.21.Organics Recycling........................................................................................................5 2.22.Participation Rate.........................................................................................................5 2.23.Process Residuals..........................................................................................................5 2.24.Processing.....................................................................................................................5 2.25.R&E Center...................................................................................................................5 2.26.Recyclable Materials or Recyclables.............................................................................5 2.27.Single-Family Household...............................................................................................6 2.28.Single-Sort.....................................................................................................................6 2.29.Source-Separated Organic Materials............................................................................6 2.30.Tip Fee or Tipping Fee...................................................................................................6 2.31.Transfer Station............................................................................................................6 2.32.Unacceptable Materials................................................................................................6 2.33.Walk-Up Service............................................................................................................6 2.34.Yard Waste....................................................................................................................6 3.REFUSE COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR..................................6 3.1.General Collection and Disposal...................................................................................6 3.2.Frequency of Collection................................................................................................7 3.3.Refuse Disposal Costs...................................................................................................7 3.4.Spring City-Wide Clean-Up Event.................................................................................7 Page iv 4.RECYCLING COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR............................8 4.1.General Collection and Processing...............................................................................8 4.2.Frequency of Collection and Collection Method..........................................................8 5.YARD WASTE COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR........................8 5.1.General Collection and Disposal...................................................................................9 5.2.Frequency of Collection................................................................................................9 5.3.Christmas Tree Collection.............................................................................................9 6.ORGANICS RECYCLING COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR........10 7.OPERATING REQUIREMENTS...............................................................................................10 7.1.Service Requirements.................................................................................................10 7.2.License to Operate......................................................................................................10 7.3.Non-Holiday Collection...............................................................................................10 7.4.Holiday Collection.......................................................................................................10 7.5.Non-Completion of Collection and Extension of Collection Hours.............................10 7.6.Non-Completion of Collection Due to Weather Conditions.......................................11 7.7.Manner of Collection..................................................................................................11 7.8.Returning Carts to Collection Point............................................................................11 7.9.Ownership of Materials..............................................................................................11 7.10.Missed Pickups............................................................................................................11 7.11.City Retains Right to Specify Preparation Instructions...............................................11 7.12.Day-Certain Collection Days and Collection Routes...................................................11 7.13.Material Cleanup Responsibilities..............................................................................12 7.14.Transporting of Materials...........................................................................................12 7.15.Weight Reports...........................................................................................................12 7.16.Protecting Utilities......................................................................................................12 7.17.Damage to Property...................................................................................................12 7.18.Street Improvements..................................................................................................12 7.19.Cart Ownership and Management.............................................................................13 7.19.1.Refuse Cart Details.....................................................................................................13 7.19.2.Recycling Cart Details.................................................................................................13 7.19.3.Yard Waste Cart Details..............................................................................................13 7.19.4.Cart Exchange.............................................................................................................13 7.20.Extra Services..............................................................................................................13 7.20.1.Walk-Up Service.........................................................................................................14 7.20.2.Bulky Waste, Appliance and Electronic Collection.....................................................14 7.20.3.Frequency of Extra Services Collection......................................................................14 7.20.4.Recording...................................................................................................................14 8.VEHICLE AND EQUIPMENT REQUIREMENTS........................................................................14 8.1.Vehicle License............................................................................................................14 8.2.Collection Vehicles and Equipment............................................................................14 8.3.Operating Conditions..................................................................................................15 8.4.Size of Vehicle.............................................................................................................15 Page v 8.5.Vehicle Fluid Spills Responsibilities.............................................................................15 9.PERSONNEL REQUIREMENTS...............................................................................................15 9.1.Designated Supervisor................................................................................................15 9.2.Personnel Conduct......................................................................................................16 10.CUSTOMER SERVICE REQUIREMENTS.................................................................................16 10.1.Staffing........................................................................................................................16 10.2.Responding to City Calls or Email...............................................................................17 10.3.Responding to Customer Calls....................................................................................17 10.4.Documentation of Customer Calls..............................................................................17 10.5.Accurate Responses to Customer Questions..............................................................17 11.MEETINGS AND REPORTING REQUIREMENTS.....................................................................18 11.1.Performance Meeting.................................................................................................18 11.1.1.Annual Performance Review Meeting........................................................................18 11.2.Annual Reports...........................................................................................................19 11.2.1.Clean-Up Event Price List............................................................................................19 11.2.2.Bulky Waste, Appliances, and Electronics..................................................................19 11.2.3.Program and Material Report....................................................................................19 11.2.4.Summary of Customer Service Complaints................................................................20 11.2.5.Recycling Composition Analysis Report......................................................................20 11.2.6.Vehicle Report............................................................................................................20 11.2.7.Annual Work Plan.......................................................................................................20 12.PAYMENTS...........................................................................................................................20 12.1.Payment Responsibilities............................................................................................20 12.2.Rate or Fee Increases..................................................................................................20 12.3.Delinquent Accounts..................................................................................................21 12.4.Late Fees.....................................................................................................................21 13.PUBLIC INFORMATION AND EDUCATION............................................................................21 13.1.City Public Education Activities...................................................................................21 13.2.Contractor Public Education Activities........................................................................22 13.2.1.Annual Calendar.........................................................................................................22 13.2.2.Quarterly Newsletter..................................................................................................22 13.2.3.Educational Tags.........................................................................................................22 13.2.4.Educational Tagging Procedure for Unacceptable Materials.....................................22 13.2.5.Customer Education...................................................................................................22 13.2.6.Provide Industry-Related Information........................................................................22 13.2.7.Facility Tours..............................................................................................................23 13.2.8.Community Event Education......................................................................................23 14.LIQUIDATED DAMAGES.......................................................................................................23 14.1.Non-Compliant Missed Pickup....................................................................................24 14.2.Area-Wide Missed Pickup/Route Non-Completion....................................................24 14.3.Administrative Non-Compliance.................................................................................25 Page vi 15.EMERGENCY AND DISASTER SERVICES................................................................................26 16.TERMINATION OF CONTRACT..............................................................................................26 16.1.City May Terminate....................................................................................................26 16.2.City's Rights Upon the Contractor's Failure to Perform..............................................26 16.3.City's Claim for Damages............................................................................................27 16.4.Attorneys' Fees and Costs...........................................................................................27 17.DATA PRACTICES ACT..........................................................................................................27 18.ACCESS TO RECORDS AND DATA.........................................................................................27 19.INDEMNIFICATION...............................................................................................................27 20.INSURANCE..........................................................................................................................27 20.1.Insurance Requirements.............................................................................................27 20.1.1.Workers’ Compensation Insurance............................................................................28 20.1.2.Commercial General Liability Insurance.....................................................................28 20.1.3.Commercial Automobile Liability Insurance...............................................................29 20.1.4.Contractor’s Pollution Liability Insurance..................................................................29 20.1.5.Additional Insurance Conditions................................................................................29 20.1.6.Certifications of Insurance.........................................................................................30 20.2.Environmental............................................................................................................30 20.3.Errors and Omissions..................................................................................................30 20.4.City as Additional Insured...........................................................................................30 20.5.Notice of Cancellation or Non-Renewal.....................................................................30 20.6.Deductibles.................................................................................................................30 21.TERMINATION......................................................................................................................30 22.FINANCIAL GUARANTEE (PERFORMANCE BOND)................................................................31 23.NON-DISCRIMINATORY PRACTICES.....................................................................................31 24.SUCCESSORS AND ASSIGNS.................................................................................................32 25.NOTIFICATION.....................................................................................................................32 26.SEVERABILITY.......................................................................................................................32 27.WHOLE CONTRACT..............................................................................................................32 CONTRACT EXHIBITS EXHIBIT A – PRICE SCHEDULE EXHIBIT B – RECYCLABLE MATERIALS LIST EXHIBIT C – MUNICIPAL FACILITIES EXHIBIT D – DELINQUENT ACCOUNTS SCHEDULE Page vii This page intentionally left blank Page 1 CONTRACT FOR RESIDENTIAL SOLID WASTE AND RECYCLING SERVICES Contract No. _______ This Contract is made this day of 20 , by and between the City of St. Anthony, a Minnesota municipal corporation (“City”) and, , a Minnesota corporation (“Contractor”). In consideration of their mutual covenants, the City and Contractor agree as follows: CITY Priorities: Allocate Adequate Staff Resources Saint Anthony will continue to assure adequate City staff resources are tasked with solid waste management responsibilities, including Recycling programs and services. Assure All Residents Have Adequate Refuse and Recycling Services The City will enhance the monitoring of Refuse and Recycling systems provided to residential dwellings to assure all residents have adequate services as required by Minnesota state law and Hennepin and Ramsey County policies. Enhance Coordination Among Government Agencies The City will optimize the use of Hennepin and Ramsey County resources and continue to coordinate public education programs and services with the counties and other agencies. Enhance Public Education and Awareness The City will use public education as an essential strategy to achieve improved waste reduction and Recycling. Improve Hauler Reporting Systems The City will better account for waste and Recycling tons and participation to benchmark success and comply with state and county reporting requirements. Improve Recycling, Composting and Waste Reduction In compliance with county requirements, the City will seek continuous improvements in Recycling and related programs. In the future, this may also include separate Collection services for food waste/organics. Improve Standardization Of Service Options Residents should be allowed a series of standardized Collection service options that best fit their individual household needs including (but not limited to): Refuse service levels; Yard Waste Collection; Walk-Up (aka “garage side”) Service; and large Bulky Waste Collections. Improve Value Of Services The City will strive to increase the value of solid waste and Recycling services for residents and businesses without increasing costs to ratepayers. The City will be a good steward of taxpayer resources. If possible, average or city-wide costs to residents should decrease and Page 2 added value services should increase. The City should leverage the strategy of synergistic competition to help improve value of services. Increase Use Of Resource Recovery Facilities In compliance with state and county requirements, the City will continue to implement strategies to direct Refuse to resource recovery facilities and reduce direct landfilling of unprocessed Refuse. Lessen Environmental Impacts The City will continue to develop strategies that reduce air pollution emissions, noise, and litter from Refuse and Recycling Collection operations. This will also reduce truck fuel consumption and improve overall environmental sustainability of the system. Minimize Disruption To Residents If any change is made to the solid waste Collection system, the City should consider how to minimize disruptions to residents. This includes (but is not limited to) minimizing changes to service operations such as day of the week and frequency of Collection. Optimize Administrative Efficiency The administrative costs to the City of Saint Anthony shall be kept to a minimum. This includes costs of planning, designing, implementing, managing and overseeing the solid waste system. This criterion shall also be applied to evaluating the most efficient means to manage any new solid waste contracts, including any billing and payment systems. Promote Local Economic Development The City will strive to grow jobs related to and supported by the solid waste management industries. The City will continue to encourage innovative start-up businesses that improve local market development for reusable and recoverable resources. Reduce Road Wear Impacts The City will work closely with the solid waste and Recycling industry to reduce road wear impacts of heavy Collection trucks. One measure of this criterion is to reduce the number of truck miles driven in the City to collect solid waste materials. 1.TERM OF CONTRACT The term of this Contract relating to the commencement of services to Customers shall begin on April 1, 2023, and terminate on March 31, 2028. At the sole option of the City, the Contract may be renewed for up to two additional five-year terms. This Contract is governed in all respects by the laws of the State of Minnesota. 2.DEFINED TERMS Except as set forth below, and as may be defined elsewhere in this Contract, the terms used in this document shall have their ordinary meaning and are applicable to both the singular and the plural. The following words and phrases, when used in this Contract, shall have the meanings as specified herein. Page 3 2.1.Appliances (Major) Household appliances items such as clothes washers and dryers, dishwashers, hot water heaters, heat pumps, furnaces, garbage disposal, Refuse compactors, conventional and microwave ovens, ranges and stoves, air conditioners, dehumidifiers, refrigerators, and freezers. Gas ammonia appliances are not included under this definition as they are considered hazardous waste. 2.2.Bulky Waste Large items such as, but not limited to, bathtubs, beds, mattresses, bikes, carpet (bundled, less than four feet in length, and less than 45 pounds), chairs, couches, doors, dressers, exercise equipment, garage door openers, gas grills (without tank), lawnmowers (drained), pallets, sinks, swing set (less than four feet in length and less than 45 pounds), tables, toilets, vacuums, water softeners, windows, construction debris (less than four feet in length and less than 45 pounds), and household items that are too large to fit into the Refuse cart. 2.3.Cart Small (approximately 35-gallons), medium (approximately 65-gallons), and large (approximately 95- gallons) carts with hinged lids and wheels used for the Collection of Refuse, Recycling, and Yard Waste. 2.4.Collection The aggregation of material from the place at which it is generated and includes all activities up to the time the material is delivered to a solid waste facility. Material Collection will occur at curb and alley locations. 2.5.Composition The Composition of recyclable materials as an estimated percentage based on the results of the Recycling Composition Analysis. 2.6.Compostable Bag(s) Compostable bags must meet all the specifications in ASTM Standard Specification for Compostable Plastics (D6400) compostable bags. Acceptable bags include paper lawn and leaf bags, paper grocery store bags, and certified compostable plastic bags. 2.7.Composting Facility Facility permitted to process Yard Waste and/or Source Separated Organics in conformance with state and local regulations. 2.8.Contaminants as Collected The materials set out by Customers in their Recycling Cart that are not recyclable as defined in this Contract. 2.9.Contract This final Agreement once executed by both parties, the City and the Contractor. Page 4 2.10.Contractor Any party to the Contract, with the exception of the City itself. 2.11.Customer Any residential Single-Family and multi-family Household in buildings of three units or less that is required to use the City contracted Collection service. 2.12.Day-Certain Collection The City has established Wednesday as a Collection day. The only exceptions to the day-certain Collection schedule shall be during those weeks in which a designated holiday occurs or other emergency situations as determined by the City. 2.13.Electronics Computers, including tablet computers and laptops, peripherals, printers, facsimile machines, DVD players, video cassette recorders, video display devices, and other devices as required under the Minnesota Electronics Recycling Act. 2.14.Every-Other-Week Refuse Collection (or EOW Refuse Collection) The every-other-week Collection of Refuse from Customers who meet City requirements, having Small (approximately 35 gallons) Refuse service. EOW Refuse Collection occurs in the same week as the Customers’ Recycling Collection. 2.15.Extra Collection The additional Collection of regular household Refuse, Recycling, or Yard Waste outside of the regularly scheduled Collection day. Extra Collections are arranged between the Contractor and billed by the Contractor directly to the Customer. 2.16.Extended Absence or Refuse Hold A temporary suspension of all solid waste services for an extended period of time, at minimum four consecutive weeks. 2.17.HERC Hennepin County Energy Recovery Center. A waste-to-energy facility located in Minneapolis that burns Refuse to generate energy located at 505 N 6th Ave., Minneapolis. 2.18.Holidays The City has designated six Holidays that will delay Collection. The designated Holidays include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a Holiday falls on the weekend, there will be no delayed Collection. If a Holiday falls during the week, the Collection will be delayed by one day all week following the Holiday. 2.19.Household A Single-Family or multi-family Household in buildings of three units or less that is eligible for Solid Waste Services provided by the City’s Contractor. Page 5 2.20.Organics Recycling Organics include specific food waste as defined by Hennepin County and Ramsey County. The curbside Collection of source-separated Organic materials from each participating Household and transport to a Transfer Station or Composting Facility. The City has made no decisions yet about the specific method of collecting these materials, and planning will continue with the assistance of Hennepin County and Ramsey County. 2.21.Participation Rate A record of which specific Households on a Recycling route set out recyclable material at some point during a defined period of time (usually one month) as a percentage of the overall number of eligible Households. 2.22.Process Residuals The material that cannot be economically recycled due to material characteristics such as size, shape, color, cross-material contamination, etc. and must be disposed of as mixed municipal solid waste. Process Residuals include but not limited to Bulky Wastes, contaminants, sorted tailings, floor sweepings and rejects from specific processing equipment (e.g. materials cleaned from screens, etc.). Process Residuals do not include clean, separated products that are normally processed and prepared for shipment to markets as commodities but are of relatively low value because of depressed market demand conditions. 2.23.Processing The sorting, volume reduction, baling, containment or other preparation of Recyclable Materials delivered to the processing center for transportation or marketing purposes. 2.24.R&E Center Ramsey/Washington Recycling & Energy Center, a waste processing facility owned and operated by the Ramsey/Washington Recycling & Energy Board, located at 100 Red Rock Road, Newport Minnesota. 2.25.Recyclable Materials or Recyclables The portion of solid waste that is separated at the source by the generator for the purpose of Recycling, and is comprised of materials deemed recyclable and included on the list of Required Recyclable Materials in Contract Exhibit, Recyclable Materials List and any other materials agreed upon by the Contractor and City in the future or as part of contract negotiations. Also referred to as Recycling. 2.26.Refuse The portion of solid waste that is not separated at the source by the generator for the purpose of reuse, Recycling, or Yard Waste composting. Page 6 2.27.Single-Family Household Any residential dwelling unit within a building of three or fewer dwelling units. 2.28.Single-Sort A system where Customers place Recyclable Materials into one Recycling Cart for Recycling Collection, with the materials later processed at a materials Recycling facility, including sorting into their individual marketable commodities. 2.29.Source-Separated Organic Materials The portion of solid waste that is separated at the source by the generator for the purpose of food to animals, composting, or anaerobic digestion, and may include food scraps and plant materials. 2.30.Tip Fee or Tipping Fee Amount to be charged at the receiving facility for the transfer and/or processing of solid waste material. The disposal costs (also known as “tipping fees”) shall be paid by the Contractor and included in the rate as charged to City customers. 2.31.Transfer Station A facility identified by the City as accepting solid waste delivered by the Contractor during the term of this Contract. Proposed Transfer Stations identified may be proposed by the Contractor but must be approved in writing by the City. 2.32.Unacceptable Materials Materials that are prohibited from Refuse, Recycling, Organics Recycling or Yard Waste streams, such as but not limited to hazardous waste, and other prohibited materials as defined by State Statutes and/or County policies, or are otherwise not accepted by the Contractor. 2.33.Walk-Up Service Customers with physical limitations shall be entitled to the Walk-Up Service without additional charge. 2.34.Yard Waste Compostable plant material including grass clippings, leaves, weeds, garden plants, and brush and branches under four inches in diameter and under four feet in length. 3.REFUSE COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR This section is specific to Refuse disposal/processing services. The City of St. Anthony, MN offers weekly Collection from the small, medium, or large wheeled Refuse Carts to all Customers and Every Other Week Refuse Collection from small Refuse Carts. 3.1.General Collection and Disposal The Contractor shall furnish all labor, materials, and equipment, and perform all work necessary for the Collection, disposal, and processing of Refuse for approximately 3,421 residential Customers in Page 7 the City. The Contractor shall also furnish all labor, materials, and equipment and perform all the work necessary for the Collection and disposal of Refuse from City buildings and City park facilities as listed in the Contract Exhibits, as well as the annual Citywide Clean-Up Event as described below. All Refuse shall be collected, transported, weighed, and disposed of at the Hennepin Energy Recovery Center (HERC) or Ramsey/ Washington County Recycling & Energy Center (R&E Center) per county ordinance requirements. The Contractor may use an alternate facility when either the HERC or R&C Center is not operable. Any alternate facility must be approved by the City at the start of the Contract and must process all Refuse collected in accordance with Minnesota Statutes (M.S.) 115A.03, subdivision 5, and M.S. 473.848, subdivision 5, any other applicable statute or regulation, and appropriate county solid waste designation ordinances. The Contractor shall weigh each Collection truck before and after unloading. The Contractor shall also furnish all labor, materials, and equipment and perform all the work necessary for the Collection and disposal of Refuse from City buildings and park facilities listed in the Contract Exhibit C. 3.2.Frequency of Collection The Contractor shall provide weekly residential Refuse Collection. An every-other-week Refuse Collection is an option to any Customer approved by the City. Frequency varies for the City buildings and City parks as listed in the Contract Exhibits. 3.3.Refuse Disposal Costs The Refuse disposal costs (also known as “tipping fees”) shall be paid by the Contractor. 3.4.Spring City-Wide Clean-Up Event The Contractor shall provide drop-off Collection services, at no additional cost to the City, for an annual Spring City-Wide Clean-Up Event held traditionally on the first Saturday in May. The Contractor will provide equipment, containers, disposal, and sufficient personnel to run the event. The Contractor shall distribute educational literature during the event to participants at the request of the City. The City will provide an appropriate site, site coordination, traffic control, and City staff to supervise including Collection of payments from Customers. During the event, Customer’s drop-off items such as, but not limited to Bulky Waste, Appliances, Electronics, mattresses and box springs, scrap metal, tires, fluorescent bulbs, and other agreed-upon items for a fee. Fees are paid by the Customer to the City staff working on-site. The City reserves the right to involve other vendors to collect selected items and has previously done so for scrap iron, Electronics, fluorescent bulbs, textiles/household goods, household batteries, and paper shredding. The City reserves the right to contract out the entire event to other companies. Annually, the Contractor will submit a comprehensive list of items they will collect at the event, along with the corresponding unit costs to be charged to Residents for each item or another method such as cost per vehicle type. The list shall be submitted to the City no later than eight weeks before the Spring City-Wide Clean-Up Event. The annual costs charged by the Contractor at these events shall be lower than the costs charged at the curb. Page 8 4.RECYCLING COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR This section is specific to Recycling Collection and processing services. The City of St. Anthony, MN offers every-other-week Collection from the large, wheeled Recycling Carts to all Customers. The Contractor will collect, deliver, weigh, process materials by commodity, package, and ship to end markets for Recycling. The Contractor may subcontract the processing and marketing of Recyclables with the City’s prior written approval. 4.1.General Collection and Processing The Contractor shall furnish all labor, materials, equipment, and perform all work for every-other- week Collection and processing of recyclable materials for approximately 3,421 Customers, and municipal facilities (see Contract Exhibit C, Municipal Facilities). Each Collection truck will be weighed before and after unloading. The Contractor must identify their proposed Recyclables processing facility or transfer station. The Contractor may use an alternate facility upon prior written approval from the City. At a minimum, the Recyclable Materials listed in the Contract Exhibit C, Municipal Facilities must be collected. The Contractor or City may propose additional materials be added to the list. Additionally, if any Contract the City has with Hennepin and Ramsey County at any time during the term of this Contract requires the Collection of additional materials, Contractor shall be required, at no additional cost to the City, to collect the additional materials within six months or less, of receiving notification from the City. The Contractor shall also furnish all labor, materials, and equipment and perform all the work necessary for the Collection and disposal of Recyclables from City buildings and City park facilities as listed in the Contract Exhibit C. 4.2.Frequency of Collection and Collection Method The Contractor shall provide every-other-week Recycling Collection for single-sort Recycling Collection where all materials are comingled in Contractor-owned carts. Any changes to this Collection and processing format must be approved by the City in advance prior to making any changes. 5.YARD WASTE COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR This section is specific to residential Yard Waste Collection and disposal services. The City of St. Anthony, MN provides a subscription-based weekly Collection program during Yard Waste season for all Customers. 5.1.General Collection and Disposal The Contractor shall furnish all labor, materials, and equipment and perform all work for the weekly Collection and disposal of Yard Waste for approximately 3,421 residential customers in the City as a subscription-based program from approximately April through November each year. Page 9 Eligible Customers may subscribe for regular Yard Waste Collection service and receive a large (approximately 95-gallon) Yard Waste Cart. Yard waste including leaves, grass clipping, and twigs shall be collected in Contractor provided Yard Waste containers, brown paper lawn and leaf bags, or certified Compostable Bags. Small branches will be collected at no extra charge as long as the branches are less than four inches in diameter and less than four feet long. The Contractor must provide proposed prices for Yard Waste cart service, which includes an additional overflow of five Compostable Bags for Yard Waste. A price per bag for each bag over the five overflow bag limit must be included. Customers are to contact the Contractor for Collection of additional bags. The Contractor must identify their proposed Composting Facility or Yard Waste transfer station to be utilized. This Contract requires Yard Waste collected from St. Anthony will be kept separate from other materials. Weight or cubic yard totals from St. Anthony Yard Waste loads shall be reported to the City. The Contractor shall retain Yard Waste load tickets (e.g., scale tickets) for City inspection upon request. 5.2.Frequency of Collection The Contractor shall provide weekly Yard Waste Collection April 1 through November 30, and as requested by the City. The City may modify these dates slightly, depending upon the weather. 5.3.Christmas Tree Collection As part of Yard Waste Collection services, the Contractor shall provide a separate Collection of live (cut) Christmas trees during the first three full weeks of January, at no extra cost to Customers. Collection services shall be provided on the same day of the week as the customer’s regular Refuse and Recycling Collection. Customers will be instructed by the City to set out “clean” Christmas trees only. Customers may not wrap trees in plastic bags and must remove all ornaments, tinsel and other foreign debris. Clean Christmas trees may then be set out next to carts, but only during the designated period. If a Christmas tree is set out and is not sufficiently clean (e.g., containing ornaments, tinsel, etc.), the Contractor should not collect and should attach an education tag to the tree with specific instructions about why it was not collected and how the Customer can still discard their tree (e.g., remove the contaminants, where it can be taken, etc.). The Contractor shall not mix other types of Refuse or inorganic materials with the Christmas trees or take any action to make the Christmas tree material unacceptable to the operators of the processing site. 6.ORGANICS RECYCLING COLLECTION SERVICES TO BE PERFORMED BY CONTRACTOR Page 10 The City recognizes there are many Collection methods, new technologies, and Composting Facilities available today for Source-Separated Organic Material (e.g., residential food waste). The City has made no decisions yet about the specific method of collecting these materials, and planning will continue with the assistance of Hennepin County and Ramsey County. Finalization of Collection operations and related service fees under this Contract shall be negotiated in good faith between the City and the Contractor. The City reserves the right to discontinue planning for Organic Recycling Collection at any time. 7.OPERATING REQUIREMENTS The items listed below are general requirements that are applicable to all materials (Refuse, Bulky Wastes, Appliances, Electronics, Recycling, and Yard Waste Collection). 7.1.Service Requirements The services to be performed by the Contractor shall be adequate to ensure the satisfactory Collection of said materials at all times. The Contractor shall supply all equipment, labor, and materials necessary to complete the Collection and disposal/processing of materials. 7.2.License to Operate Contractor shall be properly licensed and insured to operate in the City of St. Anthony, Hennepin and Ramsey County, and the State of Minnesota, and shall comply with all statutes, regulations, and ordinances of the City, County, State, and federal government in the execution of the Contract. 7.3.Non-Holiday Collection Collections shall take place between 7:00 a.m. and 8:00 p.m. Mondays through Fridays except as stated below in Holiday Collection. The Contractor shall maintain the currently scheduled pickup day and approved Collection routes for Households. Any changes to the scheduled pick up days and Collection routes require prior City approval. 7.4.Holiday Collection The Contractor shall not make regular Collections on the following legal holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. During the holiday week beginning on the holiday, the Contractor will make Collections one day after the regularly scheduled day Collection shall be from 7:00 a.m. through 8:00 p.m. If a holiday falls on a weekend, the Collection will not be delayed. 7.5.Non-Completion of Collection and Extension of Collection Hours If the Contractor determines the Collection of materials will not be completed by 8:00 p.m. on the scheduled Collection day, the Contractor shall notify the City by 3:30 p.m., and request an extension of the Collection hours. The Contractor shall inform the City of areas not completed, the reason for non-completion, and the expected time of completion. The Contractor will be penalized for failure to notify the City, in accordance with Liquidated Damages. Page 11 7.6.Non-Completion of Collection Due to Weather Conditions The Contractor may postpone Collection due to severe weather at the sole discretion of the Contractor. “Severe Weather” shall include, but shall not be limited to, those cases in which snow, sleet, ice or cold, or in which the t empe rature might jeopardize the safety of the Contractor’s staff or result in unsafe driving conditions. If Collections are postponed, the Contractor shall notify the City via telephone and email by 7:00 a.m. Upon postponement, the Contractor will make Collections one day after the regularly scheduled day. The Contractor shall communicate to all Customers that have had their Collection postponed due to a severe weather event. Designated City staff shall also be contacted at the same time with the same communication as Customers as another means of communicating about the severe weather event. 7.7.Manner of Collection The Collection shall, at no time, create a nuisance or become injurious to the public health of persons living or working either within or outside the corporate limits of the City. 7.8.Returning Carts to Collection Point The Contractor shall return carts to the designated Collection point as set out by the Customer at each location unless the Customer has set the cart in the street, alley, or on the sidewalk. The Contractor shall return the cart with the lid closed and in a standing position. 7.9.Ownership of Materials All materials, placed for Collection, remain the responsibility and ownership of the Customer until handled by Contractor at which point they become the responsibility and ownership of the Contractor. 7.10.Missed Pickups The Contractor will be charged Liquidated Damages for non-compliant missed pickups, area-wide missed pickups, and administrative non-compliance, in accordance with Liquidated Damages. 7.11.City Retains Right to Specify Preparation Instructions The Contractor agrees that it is the City’s sole right to clearly specify the material preparation and setout requirements. The City will consult with the Contractor before finalizing these requirements. At the City’s discretion, such information will be included in the City’s education material. 7.12.Day-Certain Collection Days and Collection Routes The Contractor shall comply with the City’s day-certain Collection day designated as Wednesday and the Contractor shall establish Collection routes established that provide for “same day” Collection of Refuse and Recycling on Wednesdays. The Contractor shall not change any routes or Collection days without the prior written approval of the City. The Contractor will work with the City to revise the routes when deemed necessary by either the City or Contractor. The Contractor will keep detailed route maps current and provide the City with revised route maps upon City request. 7.13.Material Clean Up Responsibilities The Contractor shall clean up any materials spilled or blown during the course of Collection Page 12 operations to the City’s satisfaction. As stated in Collection Vehicles and Equipment, all Collection vehicles shall be equipped with a broom and shovel for cleaning up spills. The driver shall take all precautions possible to prevent littering. 7.14.Transporting of Materials The Contractor shall transport Refuse, Recyclable, and Yard Waste materials to the Contract- designated facilities as required, or City approved alternative facility. The Contractor must receive prior written approval from the City to transport materials to an alternate transfer station and/or processing facility. 7.15.Weight Reports The Contractor shall maintain weight tickets for each load of Refuse and Recyclables materials delivered and provide a weight report to the City upon request. At a minimum, the Contractor shall provide an annual report to the City of Refuse and Recyclables tonnage by January 15 each year. Yard Waste amounts may be reported by cubic yards along with the Contractor’s estimate of the amount by weight. 7.16.Protecting Utilities The Contractor shall protect all public and private utilities whether occupying streets, alleys, or public or private property. If such utilities are damaged by reason of Contractor’s operations, under the executed Contract, the Contractor shall repair or replace the same at no cost to the City. Failing to do so promptly, the City will repair or replace, and bill the Contractor. 7.17.Damage to Property The Contractor shall take all necessary precautions to protect public and private property. The Contractor shall repair or replace any private or public property, including but not limited to; structures, driveways, landscaping, retaining walls, fences, mailboxes, Collection containers, which are damaged by Contractor. Such property damage shall be addressed for repair or replacement, at no charge to the City or property owner, within 48 hours. If the Contractor fails to address the repair or replacement damaged property within 48 hours, the City may, but shall not be obligated to, repair or replace such damaged property, and Contractor shall fully reimburse the City for any of its reasonably incurred expenses. The Contractor shall reimburse the City for any such expenses within 10 days of receipt of the City’s invoice. The Contractor is to notify the City of any trees, limbs or shrubs that are low hanging or encroaching the driving area and may hinder their operations. The Contractor shall be responsible for damage to any trees, limbs, and shrubs not reported to the City. 7.18.Street Improvements This Contract is subject to the right of State of Minnesota, Hennepin and Ramsey County or the City of St. Anthony to improve its highways and streets. The Contractor accepts the risk that such improvements may prevent the Contractor from traveling its accustomed route or routes for the purpose of collecting materials. Contractor agrees not to make any claim for compensations Page 13 against the City for such interference. The City will, whenever possible, provide advanced information and instructions about how the Contractor may best provide services in the improvement area. 7.19.Cart Ownership and Management The Contractor shall be responsible and pay for all aspects of Cart ownership, management and operations including but not limited to transportation from the manufacturer, ordering, receiving, assembly, distribution, excess cart inventory, spare parts inventory, warranty maintenance, and other repairs. 7.19.1.Refuse Cart Details Each residential Single-Family Household and multi-family Households in buildings of three units or less can receive one small, medium, or large Refuse cart. A second Refuse cart may be obtained at a reduced cost. Color and labeling of the Refuse carts must distinguish them from the Recycling carts and Yard Waste Carts. 7.19.2.Recycling Cart Details Each residential Single-Family Household and multi-family Households in buildings of three units or less shall receive at least one large Recycling Cart may be obtained at no additional Collection cost. Color and labeling of the Recycling Carts must distinguish them from the Refuse Carts and Yard Waste Carts. 7.19.3.Yard Waste Cart Details Each residential Single-Family Household and multi-family Household in buildings of three units or less can receive one large Yard Waste on a subscription basis. Color and labeling of the Recycling Carts must distinguish them from the Refuse Carts and Yard Waste Carts. 7.19.4.Cart Exchange Customers may elect to change Refuse and Recycling Cart sizes or add/remove a Cart once per the calendar year without additional charge. 7.20.Extra Services The Contractor shall make available or provide the following extra services, beyond the standard City service. The Customer will contact the Contractor directly to request Extra Services Collection of the items. The Contractor shall be responsible for collecting and billing for all service charges and fees for Extra Services. The payment method and schedule will be left to the discretion of the Contractor but shall be specified in writing to the City. 7.20.1.Walk-Up Service Customers with physical limitations shall be entitled to the Walk-Up Service at no additional charge. Page 14 The Contractor shall determine eligibility for Walk-Up Service, which shall comply with any applicable federal, state, or local laws and regulations. 7.20.2.Bulky Waste, Appliance and Electronic Collection The Contractor shall provide Bulky Waste, Appliance, and Electronics Collection services as an optional service for Customers upon request. All Bulky Waste items shall be collected, transported, weighed, and disposed of at a licensed facility. The Collection of any materials with hazardous components will not be allowed in the same vehicle as Refuse Collection. All Electronics, Appliances, tires, or other items regulated by the state shall be collected, transported and recycled or disposed separately in compliance with State Law and the Contractor shall be properly certified to collect Appliances and Electronics in the State of Minnesota. The Customer will contact the Contractor directly to request a Collection of the items. The Contractor shall be responsible for billing and collecting fees. The payment method (pre-payment or pay after the fact) will be left to the discretion of the Contractor but specified in the Price Worksheet and/or other RFP Forms. The Contractor shall report Collection data in the format and frequency requested by the City (See Annual Reports). 7.20.3.Frequency of Extra Services Collection The Contractor shall provide Refuse and Yard Waste Collection service to customers at least weekly for the term of this Contract. Recycling Collection frequency is every-other-week. 7.20.4.Recording The Contractor shall input Customer information and service request information into the Customer service database. Upon request from the City, the Contractor must present Customer service reports (including service levels) to the City. 8.VEHICLE AND EQUIPMENT REQUIREMENTS 8.1.Vehicle License All Collection vehicles used in the performance of the Contract shall be duly licensed and inspected by the State of Minnesota. The Contractor shall obtain all pertinent licenses from the City, County, and State. 8.2.Collection Vehicles and Equipment When feasible, vehicles used in the City for Collections under this Contact should be powered by compressed natural gas (CNG), maintained in proper working order, without leaky seals and hydraulics, be as clean/sanitary (washed and painted regularly), and free from odors as possible. The Contractor shall demonstrate a commitment to reducing air pollution from Collection vehicles. All vehicles must be clearly identified on both sides with the Contractor’s name and customer service telephone number for City customers on both sides of the vehicle. Each Collection vehicle shall be equipped with the following: Page 15 1.Two-way communications device 2.First aid kit 3.An approved Fire Extinguisher 4.Warning flashers 5.Warning alarms to indicate movement in reverse 6.Forward-facing cameras to monitor driver actions while operating trucks 7.Backup cameras to be used when moving in reverse 8.Sign on the rear of the vehicle which states “This Vehicle Makes Frequent Stops” or similar language 9.A broom and shovel for cleaning up spills 10.Spill kit 8.3.Operating Conditions Contractor vehicles shall be constructed and maintained in a manner that their contents will not leak, blow away, or spill therefrom. Vehicles shall not be allowed to stand in any street, alley, or another place longer than is reasonably necessary for Collections. 8.4.Size of Vehicle Contractor vehicles shall be sized to operate and negotiate turning movements in the City’s streets and alleys without causing damage to public or private property or create traffic hazards. 8.5.Vehicle Fluid Spills Responsibilities The Contractor shall report all hydraulic fluid spills and leaks to the City and the Contractor’s supervisor within one hour of occurrence. If City staff is unavailable, spills must be reported to the Public Works on-call person (612-240-4931). The Contractor is responsible to clean up spills. Reporting all spills and leaks to the City does not replace the state requirement for the Contractor to report spills to the Minnesota Duty Officer if the spill is over five (5) gallons. 9.PERSONNEL REQUIREMENTS 9.1.Designated Supervisor Contractor shall have a designated supervisor to do the following: manage its drivers and other workers (e.g., helpers); interact with the City staff to address problems as they arise; meet whenever it is deemed necessary by the City; interface directly with Customers when deemed necessary by the City; and have continual direct communication with Contractor’s Customer service staff and haulers. The designated supervisor shall also be readily available to meet or otherwise communicate with the City on an as needed basis. 9.2.Personnel Conduct 1.The Contractor’s personnel will be trained both in program operations and in Customer Page 16 service to ensure all personnel maintains a positive attitude when dealing with City staff and Customers. Contractor personnel shall conduct themselves at all times in a respectful and courteous manner and not use any abusive or foul language. 2.Perform their duties in accordance with all existing laws and ordinances and future amendments thereto of the Federal, State of Minnesota, and local governing boards. 3.Be clean and presentable in appearance, as can reasonably be expected. 4.Wear a uniform and employee identification badge or name tag. 5.Drive in a safe and considerate manner, including the speed limits. 6.Manage containers in a careful manner by rolling, picking them up, emptying their contents into the Collection vehicle, and placing (not throwing, kicking or sliding) the container back to their designated location so as to avoid spillage and littering or damage to the container or property. 7.Monitor streets and alleys for any spillage and be responsible for cleaning up any litter or breakage. 8.Avoid damage to property and report any damage they cause or observe to the City staff. 9.Contractor’s employees shall not collect or scavenge through the Collection or other materials in any manner that relates to the contracted services. The Contractor shall immediately report to the City any instances of suspected scavenging or unauthorized removal of materials from any Collection containers to St. Anthony Police non-emergency dispatch at 612-782-3350. 10.CUSTOMER SERVICE REQUIREMENTS This section describes the minimal amount of Customer service required and shall not limit the Contractor in providing expanded Customer service. The City requires responsive, friendly Customer service at all times, in all other forms of communication, including interactions by haulers/crews on the Collection route, interactions on the phone, emails, social media, and websites. 10.1.Staffing The Contractor shall provide full-time oversight of the City’s Collection, and shall administer its obligations to provide quality service to Customers of St. Anthony. The Contractor shall maintain a local, Twin Cities, office equipped with telephones, email capability, and be staffed with sufficient personnel to effectively handle inquiries, complaints, and/or receive instructions. The Contractor shall provide adequate staff to handle phone calls and emails from St. Anthony Customers. The office shall be staffed by a person from 6:00 a.m. to 6:00 p.m. Monday through Friday except for the legal holidays. Overflow calls can be answered by an answering machine or voicemail system. 10.2.Responding to City Calls or Email Contractor shall address all voicemail and email correspondence with a return call or email to the City within one hour if the City contacted the Contractor between 7:00 a.m. and 3:30 p.m. and by Page 17 9:00 a.m. the next business day if the call or email was made after 3:30 p.m. or during non-working hours. 10.3.Responding to Customer Calls The Contractor will receive customer inquiries; complaints; requests for Walk-Up Service, extra Collection and Appliance, Electronics and Bulky Waste Collection; and other issues by phone or email. Contractor shall address all voicemail and email correspondence with a return call or email to the City customer within 30 minutes if the Customer contacted the Contractor between 6:00 a.m. and 5:30 p.m. and by 9:00 a.m. the next consecutive working day if the call or email was made after business hours. All phone calls shall be answered by a person during office hours with overflow calls going into a voicemail answering system. A voicemail system or answering service shall be operative during all non-office hours. Customer service staff shall be accessible via email during office hours and the Contractor’s email system shall be able to receive emails during non-office hours for review and response during office hours. 10.4.Documentation of Customer Calls The Contractor shall use a database for recording and tracking Customer issues. The database will include all City Customer communications regarding inquiries, complaints, service requests and other issues. The Contractor shall input all required fields and update notes and comments as appropriate. Each month or otherwise as requested by the City, the Contractor shall provide the City a list of all Customer complaints, the nature of these complaints, and a description of how each complaint was resolved. The names of each complainant and contact number or e-mail address must be included. 10.5.Accurate Responses to Customer Questions The Contractor will produce a fact sheet containing frequently asked questions (“FAQs”) that are commonly received from residents about the City’s program. The FAQs fact sheet will also contain the recommended standard responses to be given by the City and Contractor customer service call center staff. Before the FAQ fact sheet is finalized, the Contractor will solicit input and comments from the City, but responsibility for the final document will rest with the City. The City may from time-to-time update the FAQs fact sheet as needed and will notify the Contractor and solicit input on the changes. The Contractor’s customer service call center staff serving the City shall be trained on the use and compliance requirements for following the FAQ fact sheet when answering questions from City residents. The City will notify the Contractor immediately if the City receives any legitimate complaints about the accuracy of answers given by the Contractor’s customer service call center staff. The Contractor Page 18 shall take corrective action to fix the mistake and notify the City of the actions taken and means to prevent reoccurrence. The City may make anonymous phone calls to the Contractor acting as if the call is from the general public to ask selected questions. If such calls are made, an email report summarizing the accuracy of the customer service representatives’ responses will be provided back to the Contractor. 11.MEETINGS AND REPORTING REQUIREMENTS The Contractor shall create, collect, and maintain all records required by the federal, state, and local governments regarding waste management services, and other records as specified below. All reports shall be in an electronic format (e.g. MS Excel or Word) and should be submitted electronically to the City. 11.1.Performance Meeting The Contractor and City will meet at least once per year, to discuss general operations. 11.1.1.Annual Performance Review Meeting Upon receipt of the Contractor’s annual report, the City shall schedule an annual meeting with the Contractor. The objectives of this annual meeting will include (but not be limited to): 1.Review Contractor’s annual program and material report. 2.Review efforts the Contractor has made to expand Recyclable markets (Recycling only). 3.Review Contractor’s performance based on feedback from Customers to City staff. 4.Review Contractor’s promptness and accurateness in responding to City staff and Customers. 5.Review Contractor’s recommendations for improvements to the City’s program, including enhanced public education and other opportunities. 6.Review City staff recommendations for improving the Contractor’s service. 7.Discuss other opportunities for improvement with the remaining years under the current Contract. 8.Review Contractor’s annual progress on reducing greenhouse gas emissions from its activities under this Contract. 9.Review of Contractor’s annual processing facilities report (or subcontractor’s report) to the Minnesota Pollution Control Agency (Recycling only), and the Minnesota Department of Revenue (pursuant to M.S. 297h.06 Subd. 2.5), (Recycling only). 11.2.Annual Reports 11.2.1.Clean-Up Event Price List At least eight weeks prior to the City’s Spring Clean-Up Event, the Contractor shall submit a comprehensive list of items they will collect at the City’s Spring Clean-Up Event. The list will include Page 19 corresponding unit costs to be charged to Customers for each item or another method such as cost per vehicle type. 11.2.2.Bulky Waste, Appliances, and Electronics By December 1 each year, the Contractor shall submit comprehensive lists of the items to be collected the following year, along with an average cost for the Customer for pick up, as listed in the Price Schedule. The following reports are due on the 15th day of January. 11.2.3.Program and Material Report The Contractor shall provide the City an annual program report that will be an overall summary of the program from the previous year. The report should include: 1.Total number of Customers. 2.Total number of Refuse carts and Recycling carts in service. 3.Tons of Refuse, Recycling, Yard Waste, appliances, Electronic Waste, and other Bulky Waste items collected (Recycling should be broken down by commodity) from residential Customers. 4.Tons of Refuse, Recycling, appliances, Electronic Waste and other Bulky Waste items e collected (Recycling should be broken down by commodity) from City Buildings, parks facilities, and events. 5.Current trends in the solid waste industry that may have an impact on the City’s program. 6.Recovery rates (i.e. pounds per household for Recycling). 7.Results of the Recycling Composition Analysis, including amount of Contamination as Collected. Set-out and participation rates: a.Number of residential Refuse accounts by service level (cart size, Collection frequency) b.Number of accounts with multiple Refuse carts c.Number of Recycling accounts by service level d.Number of accounts with multiple Recycling carts e.Number of Yard Waste cart subscriptions f.Number of Yard Waste “on-call” or overflow bags set out g.Number of Bulky Waste “on-call” Collections h.Number of accounts with Walk-Up Service 8.Hauler Report as submitted to the Minnesota Pollution Control Agency. 9.Efforts Contractor has made to reduce Contaminants as Collected and Process Residuals as well as increase diversion. 10.Contractor suggestions to improve the City’s program. 11.Recommended public education plan for the next year. 12.Any other notable issues or happening over the past year. Page 20 11.2.4.Summary of Customer Service Complaints The number of Customer calls by type of complaint and summary for how these were resolved as requested by the City. 11.2.5.Recycling Composition Analysis Report The Contractor shall conduct at least one materials Composition analysis of the City’s Recyclables during October of each year to estimate the relative amount by weight of each Recyclable commodity by grade. The results of this analysis shall include: Percent by weight of each Recyclable commodity by grade as collected from the City; Relative change compared to the previous year’s Composition; Percent by weight of the contaminants as collected from the City; and A description of the methodology used to calculate the Composition, including number of samples, dates weighed, and City route(s) used for sampling. The Contractor shall provide the City with a copy of the analysis for each year of the Contract. 11.2.6.Vehicle Report The Contractor shall provide the City with a yearly written plan of the type, age, make, model, and fuel type of all vehicles that will be used for the upcoming year. 11.2.7.Annual Work Plan The Contractor shall provide the City with an annual work plan addressing what assistance they will provide the City both to enhance the program to meet program goals and what City events they plan to participate in over the upcoming year. 12.PAYMENTS 12.1.Payment Responsibilities The Contractor will invoice customers directly for Refuse, Recycling, Yard Waste and other solid waste Collection services, and offer Customers the ability to pay and receive bills electronically. The Contractor shall invoice customers for Extra Collection Services, Bulky Waste, appliances, Electronic Waste, and other Bulky Waste Collection services as detailed in the Price Schedule document in the Exhibits. Upon request of the City, the Contractor will provide invoices to the City to be audited. 12.2.Rate or Fee Increases Any attempt by the Contractor to increase any rate or fee not specified in this Contract, shall be null and void and may subject the Contractor to the default remedies of the Contract. In addition, any proposed request for retroactive City approval of any rate or fee increase already imposed on Customers will be denied by the City. Fee decreases can be implemented by the Contractor without City approval but must be reported to the City Manager at least two weeks prior to the decrease. Page 21 12.3.Delinquent Accounts Delinquent accounts shall be defined as those Customers who have not paid and are 90 days past due with a balance of at least $50. The Contractor will be responsible for collecting all charges from each unit. The Contractor shall make good-faith efforts to collect all amounts due, including but not limited to: past due notification mailings, phone calls and use of a Collection agency. All such efforts shall be documented and paid for by the Contractor. The Customers must be sent at least three notices during this time of amounts past due, no more than two of which shall be in electronic form (i.e., at least one must be sent via certified mail.) The Contractor will be responsible for sending the City a list of the delinquent accounts by on later than August 31st of each year, and then provide updates to the City as requested. The City will certify to either Hennepin or Ramsey County, on an annual basis, all delinquent accounts. These amounts will be payable with the owner's property taxes. 12.4.Late Fees The Contractor may impose late fees to accounts that are 30 days past due. A maximum late fee totaling 10% of the balance due may be applied to the account. 13.PUBLIC INFORMATION AND EDUCATION 13.1.City Public Education Activities The City will also have a series of public education responsibilities including such activities as: With advice from the Contractor, adopting clear and reasonable standards for Customers to comply with solid waste program requirements (e.g., How and when to set out carts for Contactor pickup; Types of materials that are acceptable vs. prohibited; Sorting and preparation instructions; etc.). Maintaining and updating the City’s “Garbage & Recycling” website including all related sub- pages including the Customers’ compliance standards and the current Contract rates and fees. Customer service complaint assistance for Customers who are not satisfied with the Contractor’s service. Customers must first contact the Contractor before contacting the City. “Leave behind education tags” – If the Customers sets out a prohibited item that cannot be collected, the Contractor’s Collection crew leaves behind a reminder card/notice for the Customers that is left with or attached to the prohibited item. Other City public education tasks shall be negotiated in good faith between the City and the Contractor and reduced to writing. 13.2.Contractor Public Education Activities This is the minimum list of public education materials the Contractor shall provide. The Contractor shall provide the City with a draft of all Contractor public education tools prior to dissemination for review and approval at least two weeks prior to going to print or release. The Contractor shall work Page 22 with the City to implement technology such as, but not limited to, mobile apps, text notifications, and website content outlined in their proposal to provide enhanced education during the Contract. 13.2.1.Annual Calendar The Contractor shall produce and direct mail an annual calendar specific to the City of St. Anthony’s Refuse, Recycling, Yard Waste and Bulky Waste Collection services. The calendar shall specify Collection days for Refuse and Recycling. The calendar shall also include acceptable and prohibited items. This calendar should be distributed to the Customers by December 20 of each year, with review and approval from the City ahead of time as specified above. 13.2.2.Quarterly Newsletter The Contractor shall produce information to be included (at the City’s discretion) in the City’s quarterly newsletter that provides updates on important and current news items about the City’s solid waste and Recycling program. 13.2.3.Educational Tags The Contractor shall inform the Customer as to the improper preparation of materials or the addition of unacceptable materials for Collection by providing and distributing educational tags. 13.2.4.Educational Tagging Procedure for Unacceptable Materials The Contractor is responsible to educate the Customers as to materials that are prohibited and any unacceptable setout practices for Collection by distributing educational tags and other means. Unacceptable materials shall be left by the Contractor with an educational tag. 13.2.5.Customer Education The Contractor shall work with the City to promote waste reduction and other topics to Customers at no additional cost. Customer education efforts may include but are not limited to phone and email communication for the purposes of Customer service, brochures, cart flyers/hangers, cart information packets, signs, videos, and presentations to classes and community groups. The City will work with the Contractor to ensure Recycling educational materials conform to the Hennepin Funding Policy requirements and Ramsey County guidelines. The Contractor shall not mail any Contract-related educational materials to City Customers or customers without prior approval from the City. 13.2.6.Provide Industry-Related Information The Contractor shall provide the City industry-related information or educational materials for City publication or distribution, and assist in the development of brochures, flyers, and articles upon the request of the City. 13.2.7.Facility Tours The Contractor shall host or coordinate one tour annually during the term of the contract. Tours sites shall be of local Recycling, composting, waste to energy, landfill facilities and/or local end market facilities. The Contractor shall work with the City to select a site and make arrangements for tour attendance for City Customers and City staff at no additional cost to the City. Page 23 13.2.8.Community Event Education The Contractor shall participate in City-sponsored community events during the term of the Contract, at the request of the City. Participation may include, but is not limited to, staffing information booths, giving presentations, and displaying trucks and equipment. 14.LIQUIDATED DAMAGES Contractor agrees, in addition to any other remedies available to the City, that the City can charge liquidated damages to Contractor in the amounts specified below for failure of Contractor to fulfill its obligations, as determined by the City. This Contract requires the Contractor to meet the following performance standards: Deliver quality and timely Refuse, Recycling, Yard Waste, and other solid waste Collection services to residents as set forth in the referenced RFP, Contractor’s proposal and clarifications, and this Contract. Meet other conditions as described herein for Collection and transportation of Refuse to the designated Refuse disposal facility. The City and Contractor shall communicate on a regular and as needed basis related to Customer complaints, accidents, and other incidents. The following general incident escalation procedure provides a general guide for managing such communications as efficiently as possible. Simple complaints and incidents may be handled with verbal communications only (e.g., phone calls). Significant complaints and incidents must be recorded via at least email. A proposed cure and response timeline shall be discussed. If a problem is not cured within the proposed timeline, a second email should be used to communicate a new timeline. If a problem is still not cured within the new timeline of a second email, the City may send a letter indicating a new cure timeline and warning that liquidated damages may be imposed if the problem is not resolved. If a problem is still not cured with the new timeline of the letter, the City will send a letter and email notifying the Contractor that liquidated damages will be imposed. If a problem remains chronic and uncured, the City may initiate Contract breach procedures to notify the Contractor. This Contract establishes liquidated damages for failure to meet selected, example performance standards. Not all Contract performance standards are listed in this section, but may still incur liquidated damages. These liquidated damages are independent of default and breach provisions addressed elsewhere in this Contract. City and Contractor expressly agree that the potential harm or injury to City caused by the incidents of substandard performance set forth in this Contract are Page 24 difficult or impossible to accurately estimate. City and Contractor stipulate that each damage dollar amount in this Contract is a reasonable pre-estimate of the probable loss to the City and the general public. The existence or recovery of such liquidated damages shall not preclude City from recovering other damages in addition to the payments made hereunder which City can document as being attributable to the above referenced failures. In addition to other costs that may be recouped, City may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Contract as well as attorney fees if applicable. The City, after completing the general incident escalation procedure set out in the Section or after good faith discussions with the Contractor’s designated point of contract, may assess liquidated damages in the amounts specified below for failure of the Contractor fulfilling its obligations, in addition to any other remedies available to the City. These amounts will be for liquidated damages for losses suffered by the City and not penalties. Liquidated damages shall be paid within 30 days after assessment by the City and 10 or more such major incidents in a six month period may constitute grounds for termination of the Contract and not subject to cure. The Contractor will be charged liquidated damage for non-compliant missed pickups, area-wide missed pickups/route non-completion, administrative non-compliance and/or other performance failures, as listed below. Liquidated damages will only be assessed for administrative non- compliance after the City has provided written warnings to the Contractor and given the Contractor an opportunity to correct the violation. 14.1.Non-Compliant Missed Pickup Whenever the City or a Customer notifies Contractor before 2:00 p.m. of locations that have not received scheduled service, the Contractor shall be required to service such locations before 8:00 p.m. the same day. When notified after 2:00 p.m., the Contractor shall be required to service such locations no later than 10:00 a.m. of the following day, excluding Saturday and Sundays, and Holidays. Missed pickup calls shall be entered, by Contractor, into the Contractor’s database identifying the time when the call is received notifying them of the missed pickup and when the service is completed. The missed pickups that fail to comply with the requirements of this section are “non-compliant missed pickups”. The City shall invoice Contractor $2,500 for each non- compliant missed pickup. 14.2.Area-Wide Missed Pickup/Route Non-Completion An area-wide missed pickup or a non-completion of the route is defined as one or both sides of a street or alley, one block or larger, if contiguous that is not picked up by 6 p.m. on any given Collection day. Whenever the Contractor misses an area that should have received scheduled service, the City shall invoice the Contractor $5,000 for the area miss and payment to the City shall be made separately. Page 25 14.3.Administrative Non-Compliance Whenever Contractor performs services in a non-compliant manner, as determined by the City, the City shall invoice Contractor $2,500 per occurrence. Examples include, but are not limited to, items such as: ¨Failure to operate during basic operating hours. ¨Failure to complete the Collections within the specified timeframes without proper notice to the City. ¨Failure to respond to legitimate service complaints within 24 hours in a reasonable and professional manner. ¨Failure to accurately answer a resident’s question to the Contractor’s Customer service call center. ¨Failure to report and clean-up hydraulic spills or clean-up material spills within one hour of notification. ¨Failure to maintain vehicles in proper working order. ¨Failure to report on changes in the location of disposal sites or materials processing operations. ¨Failure to receive City written approval before making changes to the Collection and Disposal systems. ¨Failure to comply with Customer service requirements. ¨Failure to accurately document incidents in the Customer service database. ¨Failure to provide monthly and annual reports. ¨Failure to conduct annual Composition analysis or agreed-upon alternative. ¨Failure to provide customers notice when they are in violation of City Collection regulations (educational tagging). ¨Failure to return containers to their original location. ¨Failure to follow Spring City-Wide Clean-Up Event requirements. ¨Failure to correct chronic problems. ¨Disposing of material at an alternate facility without prior approval from City. ¨Failure to provide educational tours at the other approved facility. ¨Failure to staff an event on mutually agreed upon dates. The Contractor shall be liable for liquidated damage amount(s) upon determination of the City that performance is not consistent with the provisions of the Contract. The City shall notify the Contractor in writing or electronically of each act or omission discovered by the City. It shall be the duty of the Contractor to take whatever steps or actions may be necessary to remedy the cause of the complaint. Page 26 The City may invoice the Contractor for the full amount of any damages. The remedy available to the City shall be in addition to all other remedies that the City may have under law or at equity. Exceptions: Contractor shall not be deemed to be liable for liquidated damages where its inability to perform Collection service is the result of conditions beyond the control of Contractor, including but not limited to civil disorder, acts of God, inclement weather severe enough that trucks cannot safely take Collections. 15.EMERGENCY AND DISASTER SERVICES The City may request, and Contractor shall agree, to additional Collections, as reasonably necessary, during a declared emergency or disaster in the City. The cost of this service will be mutually negotiated between the Contractor and the City. The Contractor shall provide the City with a digital copy of the Contractor’s business continuity plan when there is a declared emergency or disaster affecting St. Anthony. 16.TERMINATION OF CONTRACT 16.1.City May Terminate The City reserves the right to terminate this Contract on 30 days written notice to Contractor for the failure of Contractor to carry out and perform its Contract obligations to the satisfaction of the City, as determined solely by the City. This Contract shall terminate, and neither party nor the officers of the City shall be liable for further performance after the termination if it shall become invalid by reason of any present or future law other than an ordinance of the City. Upon termination, the City may retain another Contractor or assign City employees and equipment to perform the services to be provided by the Contractor. 16.2.City's Rights Upon the Contractor's Failure to Perform In addition to the right of the City to terminate this Contract, upon failure of Contractor to fulfill any of the provisions of the Contract, the City may hire such persons, or assign City employees and equipment, as may be necessary, to do such work and the cost and expense thereof may be charged and deducted from amounts of money due Contractor, collected from Contractor as damages, or Collection by recourse from Contractor's letter of credit or escrow account required by Section 22 of this Contract. 16.3.City's Claim for Damages Failure by the Contractor to conform to the provisions of the Collection service Contract may also result in cash claims by the City for any damages to the City as a result of Contractor's failure to conform. The City shall inform Contractor of such failures in writing. The Contractor shall have seven days from the date of notice to correct such failures before liquidated damage may be invoked. Page 27 16.4.Attorneys' Fees and Costs In the event of such failure to perform, the Contractor agrees to pay, in addition to the actual damages sustained by the City as a result thereof, the reasonable attorney's fees incurred by the City in pursuing any of its rights under the Contract. 17.DATA PRACTICES ACT This Contract is subject to the Minnesota Government Data Practices Act and, pursuant to Minnesota Statutes § 13.05, Subd. 11, all of the data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and the Contractor must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes § 13.08 apply to the Contractor. The Contractor does not have a duty to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Contract. 18.ACCESS TO RECORDS AND DATA Contractor shall provide access to the City, Hennepin and Ramsey County, or any of their duly authorized representatives to review any books, documents, papers, and records of Contractor that are directly pertinent to this Contract for the purpose of making an audit, other examination and preparing excerpts and transcriptions. 19.INDEMNIFICATION Contractor shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses, costs or expenses, including reasonable attorneys' fees, for which it may be held liable, arising out of the performance of this Contract by Contractor, Contractor's employees, agents or subcontractors. 20.INSURANCE 20.1.Insurance Requirements The Contractor shall not commence work under the contract until they have obtained all the insurance described below and the City has approved such insurance. The Contractor shall maintain such insurance in force and effect throughout the term of the contract. The Contractor is required to maintain and furnish evidence satisfactory to the City of the following insurance policies: 20.1.1.Workers’ Compensation Insurance Except as provided below, Contractor must provide workers’ compensation insurance for all its employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide workers’ compensation insurance in accordance with the statutory requirements of the Page 28 state of Minnesota, including coverage b, employer’s liability. Insurance minimum limits are as follows: $100,000 – bodily injury by disease per employee $500,000 – bodily injury by disease aggregate $100,000 – bodily injury by accident If Minnesota statute 176.041 exempts Contractor from workers’ compensation insurance or if the Contractor has no employees in the state of Minnesota, the Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Contractor from the Minnesota workers’ compensation requirements. If during the contract the Contractor becomes eligible for workers’ compensation, the Contractor must comply with the workers’ compensation insurance requirements herein and provide the state of Minnesota with a certificate of insurance. 20.1.2.Commercial General Liability Insurance Contractor is required to maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the Contract whether the operations are by the Contractor or by a subcontractor or by anyone directly or indirectly employed by the Contractor under the contract. Insurance minimum limits are as follows: $5,000,000 – per occurrence $5,000,000 – annual aggregate $5,000,000 – annual aggregate – Products/Completed Operations The following coverages shall be included: ¨Premises and Operations Bodily Injury and Property Damage ¨Personal and Advertising Injury ¨Blanket Contractual Liability ¨Products and Completed Operations Liability ¨City of St. Anthony named as an Additional Insured, to the extent permitted by law. 20.1.3.Commercial Automobile Liability Insurance Contractor is required to maintain insurance protecting it from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance or use of all owned, hired, and non-owned autos which may arise from operations under this contract, and in case any work is subcontracted the Contractor will require the subcontractor to maintain Commercial Automobile Liability insurance. Insurance minimum limits are as follows: $5,000,000 – per occurrence Combined Single limit for Bodily Injury and Property Damage Page 29 In addition, the following coverages should be included: ¨Owned, Hired, and Non-owned Automobile 20.1.4.Contractor’s Pollution Liability Insurance. This policy will provide coverage for all claims the Contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor’s services required under the contract. Contractor is required to carry the following minimum limits: $5,000,000 – per claim or event $5,000,000 – annual aggregate Any deductible will be the sole responsibility of the Contractor and may not exceed $50,000 without the written approval of the City. If the Contractor desires authority from the City to have a deductible in a higher amount, the Contractor shall so request in writing, specifying the amount of the desired deductible and providing financial documentation by submitting the most current audited financial statements so that the City can ascertain the ability of the Contractor to cover the deductible from its own resources. 20.1.5.Additional Insurance Conditions ¨Contractor’s policy(ies) shall be primary insurance to any other valid and collectible insurance available to the City of St. Anthony with respect to any claim arising out of Contractor’s performance under this contract; ¨If Contractor receives a cancellation notice from an insurance carrier affording coverage herein, Contractor agrees to notify the City of St. Anthony within five business days with a copy of the cancellation notice, unless Contractor’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be canceled without at least 30 days advance written notice to the City of Cambridge; ¨The Contractor is responsible for payment of Contract related insurance premiums and deductibles; ¨If the Contractor is self-insured, a Certificate of Self-Insurance must be attached; ¨The Contractor’s policy(ies) shall include legal defense fees in addition to its liability policy limits. ¨Contractor shall obtain insurance policy(ies) from the insurance company(ies) having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better, and authorized to do business in the State of Minnesota; and ¨An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy limits to satisfy the full policy limits required by the Contract. 20.1.6.Certifications of Insurance The successful responder is required to submit Certificates of Insurance acceptable to the City of St. Page 30 Anthony as evidence of insurance coverage requirements prior to commencing work under the contract. 20.2.Environmental Contractor shall provide Environmental Impairment Liability (Pollution Legal Liability) for sudden and non-sudden (gradual) pollution occurrences covering all facilities and equipment owned and used by Contractor, or its agents or employees. Limits of liability shall be no less than $2,000,000 for each occurrence and $2,000,000 aggregate and shall continue for a two-year period following termination of this Contract. 20.3.Errors and Omissions The Contractor shall have in force for any coverage provided by this Contract an Errors and Omissions Coverage with limits of not less than $1,000,000 per occurrence and $1,000,000 aggregate. 20.4.City as Additional Insured The Comprehensive/General, Auto, and Bodily Injury and Property insurance policies shall provide for the City as an additional insured party. 20.5.Notice of Cancellation or Non-Renewal All insurance policies shall provide that the City shall be given at least 30 days prior written notice of any cancellation, termination or material modification of the required coverage. In no event shall Contractor operate within the City without all insurance required by the City. The City reserves the right to cancel the Contract upon 10 days written notice, in the event Contractor is unable to secure insurance as required by the City. 20.6.Deductibles All responsibility for payment of any sums resulting from any deductible provisions, corridor, of self- insured retention conditions of the policy or policies shall remain with Contractor. 21.TERMINATION The City reserves the right to immediately terminate the contract if the Contractor does not comply with the insurance requirements and retains all rights to pursue any legal remedies against the Contractor. All insurance policies must be open to inspection by the State, and copies of policies must be submitted to the State’s authorized representative upon written request. 22.FINANCIAL GUARANTEE (ESCROW ACCOUNTS AND LETTERS OF CREDIT) This Contract shall not be in effect until Contractor has funded an escrow account or provided, at no cost to the City, an irrevocable letter of credit or other financial guarantee acceptable to the City Attorney in the sum of $250,000 for the benefit of the City. The escrow account, letter of credit, or other financial guarantee shall be held by a United States bank authorized to do business in the State of Minnesota to secure the faithful performance of this Contract by Contractor, conditioned Page 31 that Contractor shall well and truly perform and carry out the covenants, terms, and conditions of the Contract in strict accordance with its provisions, and shall not be cancelable during the term of this Contract. The form and content of the letter of credit or escrow agreement shall be in a form approved by the parties, and shall be in place for the entire duration of this Contract. The City shall be able to draw upon the letter or credit or escrow account if it follows the procedures set forth below, even if there is a dispute as to whether there has been an act or omission that would entitle the City to draw upon the letter of credit or escrow account. Whenever the City draws upon the letter of credit or escrow account and the payment is not disputed, the Contractor shall replenish the letter of credit or escrow account to its full original value within ten (10) business days after the Contract has been tendered delivery by certified mail, return receipt requested, of the City’s request for payment. If the Contractor fails to pay the City after ten (10) business days’ notice of imposition of liquidated damages, or fails to repay the City within ten (10) business days of any damages, costs, or expenses which the City incurs as a result of the Contractor’s failure to fulfill its obligations, the City may immediately request and receive payment of the amount thereof from the financial institution holding the letter of credit or escrow account, and upon making such request for payment, the City shall notify the Contract or the amount and date thereof. The rights reserved to the City with respect to the letter of credit or escrow account are in addition to all other rights of the City, and no action. proceeding or exercise of a right with respect to such letter of credit or escrow account shall affect any other right the City may have. If the City draws on a letter of credit or escrow account in error, or if through negotiation, mediation, court action, or other resolution of the dispute it is determined that all or a portion of the draw should be refunded, the City shall refund such amount within ten (10) business days. 23.NON-DISCRIMINATORY PRACTICES Minnesota Statutes, Section 181.59, which prohibits discrimination on account of race, creed, or color in the performance of public contracts, is made a part of this request with the same force and effect as if set out herein verbatim. The Contract to be awarded will require the Contractor to agree: 1.That, in the hiring, pay or promotion of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier, or vendor, shall discriminate against any persons who are legally eligible to work in the United States and who are qualified and available to perform the work to which the employment relates; 2.That no Contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment or performance of work of any person or persons identified in clause one of this section. 3.That a violation of this section is a misdemeanor. Page 32 24.SUCCESSORS AND ASSIGNS Contractor binds itself jointly and severally, its successors, executors, administrators and assigns to the City in respect to all covenants of this Contract. Contractor shall not subcontract, assign, or transfer any part of its duties or obligations in this Contract nor shall Contractor assign any monies due, or to become due, without the City's prior written consent. 25.NOTIFICATION When this Contract requires notice or approval by either of the parties said notice or approval shall be sought by notifying the following persons at the following addresses: For Contractor:For City: Ms. Nicole Miller Mr. Charlie Yunker Adm Srvs Coordinator City Manager City of St. Anthony City of St. Anthony 3301 Silver Lake Road 3301 Silver Lake Road St. Anthony, MN 55418 St. Anthony, MN 55418 26.SEVERABILITY All parts and provisions of this Contract are severable. If any part or provision of this Contract shall be held invalid, the remainder of this Contract shall remain in effect. 27.WHOLE CONTRACT This Contract, with Exhibits, embodies the entire Contract between the parties including all prior understandings and agreements and may not be modified except in writing signed by all the parties. Page 33 IN WITNESS WHEREOF, the parties have caused the execution of this Contract on their behalf by their duly authorized representatives. CITY OF ST. ANTHONY ___________________________ [CONTRACTOR] By:By: Randy Stille , Mayor [CONTRACTOR] By:By: Charlie Yunker , City Manager [CONTRACTOR] DRAFT Contract Exhibits ¨ E1 DRAFT SOLID WASTE AND RECYCLING COLLECTION CONTRACT: EXHIBITS Table of Contents EXHIBIT A - PRICE SCHEDULE..............................................................................................E3 EXHIBIT B – RECYCLABLE MATERIALS LIST...................................................................E5 EXHIBIT C – MUNICIPAL FACILITIES..................................................................................E7 DRAFT Contract Exhibits ¨ E3 EXHIBIT A - PRICE SCHEDULE [See draft Price Worksheet (Form E). Once a final Contract is negotiated between the City and the winning Proposer selected, the Price Schedule will be inserted here. This Contract Exhibit, Price Schedule will follow the same format as the Price Worksheet (Form E).] DRAFT Contract Exhibits ¨ E5 EXHIBIT B – RECYCLABLE MATERIALS LIST Accepted Recyclable Materials List Plastic bottles and other rigid containers, plastic types #1, #2 and #5 o Water, soda, milk, juice and other beverage bottles, dish soap bottles, shampoo bottles, soap and lotion bottles, detergent jugs, yogurt cups, pudding & fruit cups, margarine/whip cream tubs, cottage cheese & similar containers, clear produce, deli & take out containers Glass o Food and beverage bottles and jars only Metal o Food cans & beverage cans Paper o Mail, office and school papers, magazines & catalogs, newspapers & inserts, phone books o Boxes and cardboard Cardboard, cereal, cracker, pasta, tissue, shoe, gift, electronic boxes, toothpaste & other toiletry boxes Cartons o Clean plastic egg cartons, milk and juice cartons, juice boxes, soup, broth, and wine cartons Not Acceptable Recyclable Materials List Plastic bags Food waste Sharps and medical waste Food waste Bulky items Shredded paper Diapers, pet waste, and fish waste Hazardous products Foil pouches, bags, wrappers Dishes and vases Plastic straws & utensils Refrigerator & freezer boxes Polystyrene foam (Styrofoam®) Pizza boxes Aerosol cans Batteries and electronics Carpeting Foam cups, containers, packaging Light bulbs, window glass, heat- treated glass, ceramics, mirrors Paper drinking cups, plates, napkins, towels and tissues Propane, fuel tanks, and oxygen tanks Scrap metal and wood Textiles / clothing Yard waste Tanglers (wires, ropes, chains, cords, and hoses) DRAFT Contract Exhibits ¨ E6 The Contractor may propose additional materials be added to the list. Additionally, if any agreement the City has with Hennepin or Ramsey County at any time during the term of this Contract requires the collection of additional materials, the Contractor will be required to collect the additional materials within six months, or less, of receiving notification from the City at no additional cost to the City. The Contractor shall assure the City that adequate recyclable material processing capacity will be provided for all City material collected. DRAFT Contract Exhibits ¨ E7 EXHIBIT C - MUNICIPAL FACILITIES As part of this Contract, the following municipal facilities will receive Refuse and Recycling services as stated below. Building Address Material Type Quantity and Type of Receptacle Frequency of Disposal Public Works 3801 Chandler Drive Refuse Two eight-yard dumpsters Weekly Recycling One four-yard dumpster Every other week Fire Department 3505 Silver Lake Road Refuse Two large carts Weekly Recycling One large cart Every other week City Hall/Community Center 3301 Silver Lake Road Refuse One four-yard dumpster Twice a week Recycling One six-yard dumpster Every other week Central Park Pavilion 3503 Silver Lake Road Refuse One four-yard dumpster, locked Twice a week from May 1 to September 30 Date Type Staff Present March 22 Regular Police Annual Report Wyland Water Challenge 2022 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments, Order Preparation of Assessment City Council City Manager Police Dept City Engineer April 12 Work Session Debt Levy/Updated Street Improvement Plan Code Amendments City Council City Manager Finance Director April 12 Regular Planning Commission Items from March Quarterly Donations & Grants Fire Annual Report Arbor Day Proclamation Earth Day Proclamation Quarterly Goals Update City Council City Manager Fire Dept April 26 Regular 2022 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments, Award Contract for Construction, Call for Sale of GO Bonds Presentation from Nine North-Dana Healy Approval of 2023 debt levy-public hearing City Council City Manager City Engineer May 10 Work Session City Council City Manager May 10 Regular Planning Commission items from April Insurance Renewal Tort Limits - Consent Approve sale of bonds City Council City Manager City Engineer May 22 Regular Salo Park Concert Series Chamber of the Year and Business of the Year City Council City Manager June 14 Work Session Estimated Levy Scenarios Stormwater projects plan City Council City Manager June 14 Regular Planning Commission Items from May City Council City Manager June 28 Regular Audit Presentation City Council City Manager July 12 Work Session Code Amendments City Council City Manager FUTURE COUNCIL AGENDA ITEMS 2022 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS July 12 Regular Planning Commission items from June Quarterly Donations & Grants Quarterly Goals Update City Council City Manager Finance Director July 26 Regular Liquor Operations Mid Year Report VillageFest Presentation Night to Unite Presentation Night to Unite Proclamation GARE Team Presentation City Council City Manager Liquor Op Mgr Police Chief August 8 Work Session Staff proposed 2023 Budget and Levy Presentation City Council City Manager August 8 Regular Planning Commission items from July City Council City Manager August 23 Regular 2023 Budget & Levy Presentation City Council City Manager Finance Director September 13 Work Session Community Survey Results City Council City Manager September 13 Regular Planning Commission items from August 2023 Preliminary Operating Budget and Levy-Public Hearing Kiwanis Peanut Day Students in Leadership-Consent City Council City Manager Finance Director September 27 Regular Fire Prevention Presentation Spirit of St. Anthony Award SANB #282 Presentation City Council City Manager Fire Dept October 11 Work Session 2023 Long term capital budget plans City Council City Manager Finance Director October 11 Regular Preliminary Certification of Delinquent Waste Hauler Accounts-Consent Agenda Preliminary Certification of Delinquent Utility Accounts-Consent Agenda City Council City Manager October 25 Work Session 2023 utility rates and budgets City Council City Manager Finance Director October 25 Regular Quarterly Donations & Grants Quarterly Goals Update Approval of CIP City Council City Manager Finance Director Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS November 8 Regular 8 PM Planning Commission items from October Authorizing polling places for 2023 1st Reading Water, Sewer, & Stormwater-Public Hearing Hennepin County Recycling Agreement City Council City Manager November 22 Work Session Planning & Parks Commission Interviews City Council City Manager November 22 Regular Fire Prevention Poster Winners 2nd Reading and Adoption Water, Sewer, & Stormwater City Council City Manager December 13 Work Session City Council City Manager December 13 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Setting Salary of City Manager Authorizing Transfers & Closing of Specified Funds Setting the 2023 City & HRA Budgets and Final Property Tax Levy -Public Hearing 2023 Fee Schedule Quarterly Goals update Final reading and adoption of water, sewer, & stormwater Students in Government Presentation City Council City Manager Finance Director City Engineer December 27 Regular City Council City Manager January 10 Work Session City Council City Manager January 10 Regular Water Conservation Poster Winners Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants City Council City Manager January 25 Regular Public Works Snow Plowing Operations presentation Outside Orgs-Council City Council City Manager February 7 Work Session Parks & Environmental Commission Interviews Council onboarding & core competencies City Council City Manager February 7 Regular Planning Commission items from January Public Hearing-2023 Budget Calendar and Process 2023 Planning Commission Work Plan- (motion only) Administration Annual Report NYFS Agreement City Council City Manager Finance Director Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS February 22 Regular GreenCorp Member application-resolution Adoption of Strategic Plan Liquor Annual Report City Council City Manager Liquor Op Manager Public Works Director March 7 Work Session Organized Collection City Council City Manager March 7 Regular Planning Commission Items from February Liquor License Renewals Public Works Annual Report 2023 Parks and Environmental Commission Work Plan- (motion only) City Council City Manager Public Works Director