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HomeMy WebLinkAbout13.F.2. Extension of Refuse and Recycling Contract (3 . F, ~, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Extension of Refuse and Recycling Contract DATE: January 19,2010 Comment: Introduction: The Council is asked to give direction to staff regarding a request from the City's designated contract hauler, Dick's Sanitation Services, Inc., for a three year extension of the current garbage and recycling pick up contract. Background: The City is currently operating in a contract with Dick's Sanitation for garbage and recycling pickup for all single family, and multiple family dwellings of three units or fewer, which are served by municipal sewer and water. Other multiple family dwellings, single family dwellings on private well and septic systems, and all commercial establishments contract to provide their own providers. Following several years of service by another provider, in 2000 the City sought requests for proposals (RFPs), and awarded the contract to Dick's in 2001. That contract was renewed for a second five years in 2006. This current contract expires on March 19, 2011. The current contract has this provision regarding an extension: 2.2 (B) "At the expiration of the initial contract term, the City at its sole discretion, may extend the contract up to three (3) years at the proposal price for the option years by delivering written notice of its intent to extend delivery to Contractor at least six (6) months prior to the expiration of the contract. The proposal price for the optional years shall be the proposal price for 2011 adjusted by the percentage increase in the consumer price index for all areas (CPI-U) from December 2011 to December 2014, and shall be in effect for those three (3) years. " The attached letter was recently received from Dick's Sanitation. As shown, they are requesting that the City exercise the option for this extension, and have indicated that they are willing to negotiate a price decrease for the first two years as an incentive for the extension. Discussion: Generally speaking, Dick's has provided good service to the City; the City has not received many calls about garbage service that Dick's cannot resolve. The types of calls that we do receive are as follows: . Landlord bills for unpaid renter-generated charges. . Requests for "single sort recycling". . Organized versus Open collection system. Landlord bills-These calls have been most numerous just prior to the public hearings for unpaid garbage bills being certified for collection with taxes. While these haven't been completely eliminated, the numbers of problems have been reduced by the implementation of a "shadow billing" procedure, which puts the landlord on notice when a tenant has an unpaid bill with Dick's Sanitation. "Single Sort" recycling-- These calls are primarily received from customers who are new to Shakopee, and who had this type of recycling system in their previous community. Single sort is where all recycling materials are dumped into a single covered container (nearly identical to the rolling cart Dick's provides for garbage). The materials from those carts are then taken to a central processing point, separated mechanically, with the materials then being either disposed of, or sent to market. The main advantage of the single sort recycling system is that it is very easy for the customer--the material is put into a roll-away cart, and someone else deals with it. In addition, there is less wind- blown trash, and it the cart can be rolled rather than carried to the curb. The apparent downside is that a higher percentage of the material that is put into the single sort container becomes contaminated. Therefore, while more tons may be collected, a larger percentage of that which is collected must be land filled and cannot be recycled. Dick's has previously spoken with City staff about a single sort system. However, for the $1.1 million cost of providing a second roll away cart to each household on their Shakopee routes, Dick's would ask for a separate five year extension of the contract. From the City's initial research on this, we believe the current "dual sort" system-- involving the bagging of paper and placing that bag on top of all of the other materials in the fifteen gallon recycling containers--is the "greenest" solution. Without further research, we would recommend not going to a single sort system at this time. Organizedvs. Open Collection System--Not infrequently, staff receives phone calls from new residents to Shakopee who are in disagreement with the City's "mandate" that they use a designated hauler. They may have called another company (many times a firm with whom they have previously been a customer) who gives them a rate quote. Sometimes, these are "introductory" rates that are less than what is being charged under the City's contract. However, that initial rate may be subject to change at a later time. The widely-held perception is that an "open system" (where people hire their own contractor) provides a lower cost option. However, as shown in the attached October 2009 article from the Star Tribune, that is not always the case. A study done by the Minnesota Pollution Control Agency actually found that households that contract for their own service pay about fifty percent more than customers in an organized system such as Shakopee's. There are also advantages of an organized system in terms of 1) less wear and tear on roadways caused by garbage collection vehicles, 2) less illegal dumping on public and private lands, and 3) easier monitoring ofthe state law which requires every household to have curb side recycling pick up. Options: . Direct staff to negotiate a price on a three year extension of the current contract with Dick's Sanitation, and report back to Council. . Direct staff to get further information regarding issuance of an RFP to get new proposals. Recommendation: Changing garbage/recycling providers to nearly the entire community is not a small task. A decision to change providers will need about six months advance notice, so as to provide sufficient time to order new containers. Assuming that the City Council is satisfied with the service that has been provided by Dick's, staff recommends that the Council direct staff to negotiate reduced prices for 2012 and 2013, and bring the details of a contract extension back to the Council for future consideration. If the Council wishes to discuss issuance of an RFP, orland direct that more information be provided on single sort recycling system, it so should direct. Relationship to Visioning: This supports Goal D "Vibrant, Resilient, and Stable". Action Required: If the Council concurs, it should direct staff to negotiate a three year extension of the existing contract with Dick's Sanitation for the provision of garbage/recycling services. Alternatively; it could give direction as to other options to be researched, should it so desire. Mark McNeill MM:cn City Administrator CPSl)J r \!!iclc'S Sanitation~!:""r;1' >>'~'li1lc]~'lb'Q!l!llJ;~""'*"~80t;"~"'80t;~~_,~,,,,,,,_ff'*';t0,,,,;iiiYr January 8th, 2010 Mark McNeill City of Shakopee 129 Holmes Street South Shakopee,~ 55379 Dear Mark McNeil, Mayor and Members of Council, Dick's Sanitation, mc. appreciates serving your community with quality trash and recycling services over the past eight years. As with any business, longevity provides our company stability to update equipment and staff and we grow with your community. Dick's Sanitation, mc. would like to take this opportunity to request the option to extend our contract with the City of Shakopee for an additional three years (as detailed in the current contract). Our request would include renegotiating lower rates to satisfy the emphasis of providing the residents of Shakopee with a better value. We take pride in serving your community and would like the opportunity to extend our relationship. Thank you for your consideration. Sincerely, 0<JJtn7id 0<JJd1114tJk David Domack V.P. Sales & Marketing Dick'slLakeville Sanitation, mc. david@dickssanitation.com 952-469-9870 Dick's Sanitation Inc. 8984 215th Street West Lakeville, MN 55044 Phone: 952-469-2239 Fax: 952-469-1146 WWW.dickssanitation.com .1".0..... .JiL"-l'l 1l\.lDU1'lC. .:lUi'lU.H.r, ULiUDCK 'i, ",UV'::/ " Trash talk grows into - an proar ()J)l!.oA~ More ill ,St. Paul hire one hauler . A growing number of neighborsarejotnbrrgto cut down on truck traffic. By CHRIS HAVENS chavens@startribune.com Eight garbage trucks used to rumble and belch down Charles Hath~way's alley in St. Paul's Highland Park ev- ery week. It drove him nuts. Between the noise and the wear and tear from the heavy vehicles, he decid- ed something needed to be done. So 20 years ago, he be- gan 10bbyil1g his neighbors Trash haulers maneuvered through an alley in St. Paul's Mac::-Groveland neighborhood on a recent Friday morning. . to select a single hauler. Today, nearly 90 percent of the 45 or so houses on the block use one company, and the number of trucks going down the alley is down to tlITee. The neighborhood, I STAIR TIUBUNE EXCLUSJIVE~~ Hathaway said, is a lot qui- eter. ONLY IN YOUR SUNDAY PAPER "How stupid is it to have I Trash talk grows eight trucks going dowN. the alley?" Hathaway said. "1 don't get much disagree- -_.~-~-- --- ment from people when I into an uproar talk about the inefficien- (( TRASH IS des." There are at least 17 li- . It's a mistaken notion that hiring your THE ISSUE IN censed residential trash FROGTOWN.. haulers in the city, down own hauler is cheaper, an MPCA study says. from about 40 in the 1980s, NOBODY and residents can pick By CHRIS HAVENS and DAVID PETERSON CALLS ME whom they please. Many Star Tribune staff writers residents appreciate the When Bill and Mary Simms got a bill for $1,800 ABOUT DRUG ! chance to choose their haul~ to flX the street outside their home, they knew DEALERS er, and many an~ loyal to 10- whom to blame - all those garbage trucks. ON THE cal fmns. Each week, at least five trucks rumble past to ,- Others across the city collect trash in their Fridley CORNERS have been banding togeth- neighborhood. They show up PAYING MORE. ANYMORE. }) er to go with one hauler as as early as 6:40 a.m., waking Homeowners a way to reduce the effects the retirees. . who contract for Tait Danielson Castillo, of truck traffic and reduce Bill Simms, 67, doesn't garbage services District 7 Council their costs. understand why his commu- typically pay 50 Across town in St. Antho- nity needs so many haulers percent more ny Park, Mary Hamel got all when people in next-door than residents of her neighbors to switch Columbia Heights get by with with organized ((A from four to one hauler just one. And he's furious he systems,accord- CUSTOMER within a week. has to pay to fIx streets worn ing to the Min- "We're also responsible down by all that tonnage. "I'm nesota Pollution WHO ISN'T for our alleys, and we're go- fed up," Simms said. Control Agency. HAPPY ing to have to replace this i It's a common complaint in I asphalt quicker if we don't," i the Twin Cities, where most Trucks take a toll CAN TALK ! she said. communities leave it to resi- on roads AU 'i In 51. Paul, it can cost dents to hire their own trash DIRECTLY TO ' $2,000 to $3,000 per house- collectors. In St. Paul, which iSi served by 1Thaulers, ME-OReAN hold to rebuild an alley. officials could vote on chang~s this month. Everyone on Hamel's Many homeowners prefer to pick their own haul- QUIT AND GO block got a lower group rate; ers, believing that they're getting the best rate. But TO SOMEONE ~ . previously, some neighbors they're wrong, a study commissioned by the Minne- ELSE~ }) l paid twice as much for the sota Pollution Control Agency (MPCA) concludes. I same basic service. Mark Stoltman, Randy's Haulers often offer block Tr~hcontinuesonA12~ 5anitatioIl I discounts because it's more efficient and saves on fuel. -1"'" - I I ,J..._.. -- Chris Havens. 612-673'4148 .,<11 TRASH F1WM Ai Garbage trucl<s tal{e a toll on our roads COMPETITION AND COST . The average monthly cost for F. or. a 30- or 60-gallon con- Studies yield varying numbers, but here's one fa~rlytyp~cal take on how: so-c~lled "o~ganh:ed" garba~e tamer, ~ose homeown- much heavier garbage trucks are than other ~e~Icle~ usmg our ro~ds. .... :..:.:....: s.e~ce - cIty-controlled, wlt~ ers typICally pay at least It's from a 1992 study by the University of MichIgan s TransportatIOn lImIted numbers oftrucks - IS : 50 percen~ more Ii.or g~- Research Institute. A Minnesota report gathering dat~ from other 1:."[. quite. a bit less than when , . . bage serv~c~ t~an re.sI- studies cites figures between 857 and 1,429 on the ratIO between J;t ...... mul~Iple haulers compete, . . . dents m commumtles like Mm- garbage trucks and passenger cars. f studIes repeatedly show. ThIS : neapolis with organized sys-. . . . one was compiled for the terns, the study found. One cube represents the Impact Minnesota Pollution Control There are other costs, too. of one passenger c:u- on the Agency in June. C'ty en ineers worry about road surface. Here s the . hI . g f c: . d d equivalent for... Type of waste Avg. rate ,t, e pnce 0 llXmg roa s "!ll- collection for for 60 gal. :: aged by garb~ge and recycm:g 1 trndt:: households container . trucks. ReSIdents complam 1 car:: ~' . . ab?ut the racket, th~ d<;nge. r to '. .;; Orgaruzed $16.98 children, at'1.d the enusslOns.., 0 Open $25.46 But anytime officials talk . ^ '. · t . DIFFERENCE: +50% about change, they confront ' . Nt' source:Fothlnfrastructure&: "angry constituents. r 0 one '7 Environment LLC community has retaken control 1 I cars ' Star Tribune of trash collection in nearly 20 , car @ " years, according to the MPCA . C1I '. ......... ~ d S '''p ul 'd t study. . l:z[;J;. . port 1?~, 1. a reSI en s Mark Campbell, mayor of paY.~lo~ more ,than people . ill Ra . d was stunned when . m CIties WIth orgamzed garbage Sa C pI. S, Source: Foth Infrastructure &: Environment, liC MARK BOSWELL. Star Tnbune systems. local offiCIals debated how to Th f k t h th reduce the number of garbage ..' . e ree ma: e as an~ - trucks on city streets last spring. LICENSED RESIDENTIAL GARBAGE HAULERS DEFINING THE er llldde~ cost: illegal dumpmg. .. th" li . . . SYSTEMS Some resIdents try to get around He smd It was e ug est meet- Number of haulers per CIty m the metro Numberofhamers th u1 b d 'th . tr h .. I' art" t d' ". e I es y umpmg err as mg ve ever p IClpa e In. area. Organized indicates that each CIty I I Organized . .' el' d . "People were scremnIDg" h "t hIt ct dh 1. Open:Resldentschoosetherr msomeone sesyar. ". ' as 1 S own au er or con ra e au ers [3:J 1- 5 h ul d d al d' ctl Mary Scott 71 has seen feca1le~ Campbell, w~o later for residential solid waste removal. !@#1116- 9 o~th tha erss an rte ~te y _ e'~erytlun' g fro~ st~reo compo- apologIZed for opposmg the ,.'" (' b) WI em. uppo erSCI esev, move, which he thinks made IhiJl1i! 10+ ~thnum er eraladvantages: nents to tires in he! F~ogtown sense. "It was so emotional! I'm L",...J Unavailable .. Allows residents to look for yard, and the. dumpmg JUst gets ~itting there thinking, 'My God, be~t ~eal and to changeh~u~ers worse, she smd. She's had to pay an we're talking about is, 'Will it " Lll'!l1ts government admims- h~r hauler extra to take away the be a blue can or a green can?!'" trahve costs bIg stuff. '. Waste haulers believe their .. Lets small haulers compete for "I can't afford to pay for some- critics are misinformed. They accounts b~dy else's trash anymore," she say the most valuable service smd, iSn't always the least expensive, Orga:ni2ed: A c~ty uses its qwn In 2008, ~t. ~aul rec~rd~d and that competition fosters in~ emp~oyees o! hIres haulers t~ 24,027 ~ash VIOlations on pub~c novation and more environ~ prOVIde servIce. Supporters CIte and pnvate property. So far this mentally sound practices. these advantages: y~ar,. the city has ~pent $~OO,OOO > .. ''We custom~tallor our ser~ " Is more efficient and can lower pldang up trash m public areas. ~ces " said Mark Stoltman who prices Tait Danielson Castillo, exec- iims Randy's Sanitation, due of " Cuts down on truck traffic, fuel utive ?irector Q,f the District 7 the largest independent haulers use and emissions Rlanmng Council, says the open~ ill. Minnesota. '1lilld a customer " Discourages illegal dumping choice system encourages illegal who isn't happy can tallz direct~ by providing service to all dumping. . ly to me - or can quit and go to - - - "Trash is the issue in Frog- someone else." town," he said. "Nobody calls actually a burden:' trucks have an impact, but they clows open," she added. me about drug dealers on the too many t~ All those tlUcks are tak. point to studies showing that corners anymore." In the Twin Cities, residents ing a heavy toll on the region's environmental factors such Not easy to find a bargain in 77 of 108 metro communi- roads, experts say. A 2002 Ros- as freezing and thawing cause The trade-offfor all this truck An adMst industry ties hire their own trash collec- eville report estimated the city greater street damage. traffic is competition, which typ- St. Paul City Council mem- tors, according to a' 2005 sur- could add five to 10 years of life Then there's the noise. With ically reduces prices. But shop- bers are well aware of the con- vey by the city of Eden Prairie. to pavement if garbage truck 10 haulers in Maple Grove, Abi- pers must work hard to fmd a tentiousness of the issue and That stands in stark contrast to traffic were limited, a savings of gall Keckhafer thinks she "could bargain. In St. Paul, a resident are moving slowly. But the in- the rest of the country, where $20 to $40 per year for home- get a more peaceful lifestyle in could pay the same hauler $18 to dustry isn't. roughly 70 percent of cities and owners. OakdaJ.e has estimated . the middle of New York City." $48 a month for servicing a 60- One 5t. Paul hauler already counties do the job themselves that going from five haulers to Another Maple Grove resident gallon container, according to has distributed a flier urging or hire an outside contractor, one would save up to $300,000 kept a log, noting 11 separate the MPCA study. customers to can council according to the survey. in street maintenance. truck visits in a single day, with By contrast, Minneapolis res- members and protest any pro- Like many metro commu- ( Obviously; removing some most haulers arriving between idents pay a flat monthly rate of posed changes. In Sauk Rapids, nities, St. Paul does little to of those trucks would "extend 7 and 9 a.m. $21. The service covers trash, re~ Wotzka said haulers inundated help residents with the issue. the life of the street," said Terry While many communities cycling and includes things that City Hall with a foot-high shick While some communities offer Wotzka, city engineer for Sauk have rules that prevent haulers cost extra in other communities,' of postcards when officials con- a handful of options and don't Rapids. from showing up before 6 a.m., such as picking up broken appli- sidered modifying garbage ser- allow haulers to visit the same Haulers agree that their some residents - especially ances, old tires and construction vice last spring. neighborhood more than once those working late shifts - say debris. The industry is "incredibly a week, haulers in St. Paul can that's way too early. The MPCA study doesn't ad. organized when they get wind set their own schedules. "They should be required to dress what causes such dramat~ of this;' Wotzka said. What's more, 51. Paul doesn't wait until 8," said Becky Nilius ic price swings in St. Paul, but Bob Kessler, St. Paul's direc- require haulers to publish their of Newport, which has six li- residents cite heavy discount- tor of Safety and Inspections, rates on the city's web site or censed haulers. "Not everyone ing for new customers and com- said there needs to be a public anywhere else, so residents works Monday through Friday,- petitive pricing in some heavily debate over what can be done can't easily comparison-shop. and I feel bad for anyone who trafficked neighborhoods. Resi- to improve the system. He pre- In fact, the city doesn't even had Mondays off-it's defmite- dents say it's also possible to ne- dieted it won't be pretty. provide a list. Instead, it in- ly not possible to sleep in with gotiate with haulers. "It's a volatile and ugly issue," structs residents to "ask your . all that racket on the street." "It depends on who in the he said: neighbors about which garbage' . Sue Stewart, owner of High- marketplace is going door to and refuse collection service. land Sanitation, said an 8 a.ill. door recruiting new customers chavens@startribune.com'612-673-4148 they use." start would mal<e it tough for and undercutting competitors," dpeterson@startribune.com . 952-882-9023 "No one has the time to re- haulers to complete their work said Doug Carnival, a Minneso- search all the different c011\pa- KYNDELLHARKNESS.StarTribune in a single day, as some com- talobbyistfor the waste hauling 'ONLINE NOTEBOOK~ roes:' said Shannon Forney, who "No one has the time to research munities require. Truck noise industry. "The next day it might Watch Chris Havens discuss moved to St. Paullasr month. all the different companies," is amplified in spring and fail, ,be different" the state of metro trash pickup, 'fHaving that much choice is said Shannon Forney of St. Paul. "when people have their V\rin- Altogether, the MPCA re- at starlribune.c:om/video. i< I . .1 ~'? City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste REFUSE AND RECYCLING CONTRACT by and between THE CITY OF SHAKOPEE and DICK'S SANITATION SERVICES, INC., A MINNESOTA CORPORATION, DOING BUSINESS AS LAKEVILLE SANITARY SERVICES, INC. May 17,2005 1 ):l /:-:-: ",:/ C" .~' ,~ .'"t " /~~.,; , ' '., , i. ' , , City of Shako pee -Contract Collection, Processing and Disposal ofResidentia! Refuse, Recyclables and Yard Waste This contract is entered into as of May 17, 2005 by and between the City of Shakopee ("City") and Dick's Sanitation Services, Inc., a Minnesota Corporation, doing business as Lakeville Sanitary Services, Inc., a Minnesota corporation ("Contractor"). Now, therefore, in consideration of the promises and mutual obligation contained in this agreement, the parties covenant and agree as follows: CONTRACT TABLE OF CONTENTS I. DEFINITIONS ............................................................................................. 5 II. GENERAL CONDITIONS 2.1 CONTRACTOR'S OBLIGATION ................................................... 8 2.2 TERM OF CONTRACT..... ...................... ........ ...... ;....... ................... 8 2.3 PAYMENT.... .................................................................................. 9 2,4 CONTRACTOR'S ACCIDENT PREVENTION.............................. 9 2.5 DAMA GE TO PROPERTY.. ........ ...... ................ .............................. 9 2.6 INSPECTION ........ ................ .... ............. .................... ........... ............ 10 2.7 COMPLIANCE WITH LAWS, ORDINANCES AND REGULATIONS..............;. ........ ...................... ............ ....... ...... ...... ... lD 2.8 TAXES, LICENSES AND PERMITS .............................................. 11 2.9 INDEPENDENT CONTRACTOR........ ....................... ........ ............. 11 2.10 TITLE TO REFUSE, RECYCLABLES, AND YARD WASTE...... 11 2.11 ASSIGNMENT AND SUBCONTRACTING................................... 12 2.12 PERFORMANCE BOND.. ....... ....... .... .............. ........ .... ........... ..... .... 12 2.13 GENERAL IND EMNIFICA TION .......... ...... ........... .......... ..... .......... 13 2.14 CERCLA INDEMNIPI CATION ............ ....... .............. ...... .......... ...... 14 2 {'. City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 2.15 INSURAN CE.................. .............. ...... .............. ...... ................... ........ 14 2.16 DEF AUL T AND TERMINATION ................................................... 15 2.17 FORCE MAJEURE ................... ........ ...... ......... ......... .......... .............. 16 2.18 PENALITIES ............ .... .................. ........... ........ ....... ....... .......... ........ 16 2.19 NOTICES. ..... ............ .................. .............. ............. ... ....... ........ .......... 18 2.20 SEVERABILITy.............. .... .......... ....... ...... ..... ........................... ...... 18 2.21 GOVERNING LAW AND VENlJE ................................................. 18 2.22 RIGHT TO REQUIRE PERFORMANCE ........................................ 18 2.23 OPTION TO CHANGE SERVICE; AMENDMENTS ..................... 19 III. SP:eCIAL CONDITIONS 3.1 CUSTOMER SERVICE ... ........... ..... .......... ......... ..... ... .... ........ .......... 19 3.2 EMPLOYEES AND CONDUCT .................................................:.... 20 3.3 VERI CLES ........................................................................................ 21 3.4 ROUTING AND COLLECTION SCHEDULE......;......................... 22 3.5 HOLIDAY COLLECTION SCHEDULE ......................................... 23 3.6 HOURS AND STANDARDS OF COLLECTION ..................~........ 24 3.7 CONTRACTOR RECORDS ............................................................. 25 3.8 PUBLIC EDUCATION.... ......... ............ .... .... .......... ..... ... ..... '" ..... ..... 25 IV. REFUSE COLLECTION AND DISPOSAL - SPECIFICATIONS 4.1 COLLECTION ....... ........................................................................... 25 4.2 REFUSE TO BE PROCESSED ........................................................ 26 4.3 PRICE AND PAYMENT .................................................................. 26 3 ,,' , City of Shakopee -Contract Collection, Processing and Disposal ofResidentiaJ Refuse, Recyclables and Yard Waste V. RECYCLABLE COLLECTION AND PROCESSING - SPECIFICATIONS 5.1 COLLECTION .......... ............................... ....................... ....... ........... 26 5.2 CONTAINERS AND RECYCLABLES ........;.................................. 27 5.3 RECYCLABLE PROCESSING........................... ............. ................ 27 5.4 COMPENSATION FOR SERVICES ............................................... 28 VI. YARD WASTE COLLECTION AND PROCESSING 6.1 COLLECTION .... ...... ........ ....... ........... ........ ....... ...... ........ ... ........ ...... 29 6.2 PROCESSING OF YARD WASTE.................................................. 29 6.3 PRICE AND PAYMENT .................................................................. 30 \ VII. NUSCELLANEOUSSERVICES 7.1 CLEANUP EVENTS ... ... ...... ..... ..... .:............... .............. ....... ... ......... 30 4 City of Shako pee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste I. DEFINITIONS Words, phrases, or other expressions used in these contract documents shall have meanings' as follows: 1.1 "Administrator" shall mean the City Administrator of the City of Shakopee,. Minnesota or hislher duly authorized representative. 1.2 "Biodegradable Bags" shall mean bags used for yard waste, which are biodegradable and utilized during the collection process. 1.3 "Bulk Waste" items or bulky items or similar items shall include all items of Refuse that are too large to be normally containerized into a Container for Refuse such as mattress, bedspring, sofa or couch. Bulk waste shall not include any item containing Freon 12, Freon 22, or any chlorofluorocarbons, such as a refrigerator, freezer, dehumidifier or air conditioner, excepting if such an appliance has affixed a Freon free certification from a licensed refrigeration specialist. Bulk waste shall not include, non-containerized garbage, loose and scattered trash. Other materials as mutually agreed upon between the City and Contractor. 1.4 "City" shall mean the City of Shakopee, Minnesota a municipal corporation, acting through its duly appointed officers, employees, agents and representatives. 1.5 "City Council" shall mean the City Council of the city of Shako pee, Minnesota. 1.6 "Code of Ordinances" shall mean the City of Shakopee Code of Ordinances; inclusive of Section 3.15 of Shako pee City Code. 1.7 "Containers for Recyclables" shall mean a uniform container furnished by the Contractor, in which recyclable materials can be stored and later placed curbside for collection as specified by the City and delivered by the Contractor. 1.8 "Containers for Refuse" shall mean containers of heavy duty plastic cans which have a thirty (30) to ninety (90) gallon capacity and are equipped with a tight fitting lid, with a minimum strength of fifty (50) pounds. 1.9 "Contractor" means Dick's Sanitation Services, Inc., a Minnesota Corporation, doing business as Lakeville Sanitary Services, Inc. and its dilly authorized representatives. 1.10 "Date of Contract," or equivalent words, shall mean the date written in the first paragraph of the Contract Agreement. 1.11 "Day" or "days," unless herein otherwise expressly defmed, shall mean a calendar day or days of twenty-four hours each. 5 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 1.12 "Family Unit" shall mean any number of individuals living and cooking food together on the premises as a single housekeeping unit. 1.13 "Finance Director" shall mean the Director of Finance of the City of Shakopee, Minnesota. 1.14 "MMSW Processing facility" shall mean the structures and equipment, singly or in combination, that are designed, constructed, and used to separate, modify, convert, heat, prepare, or otherwise process solid waste so that materials, substances, or energy contained within the waste may be recovered for subsequent use and which are in fact being used to recover materials, substances, or energy contained within the waste. A facility that is permitted as a transfer station and which is not primarily designed for recovery materials, substances or energy from waste is not a "MMSW processing facility" even if some materials, substances or energy are recovered during waste consolidation and transfer operations. 1.15 "Obstructions" shall mean any item in the presence of the collection process, which may hinder, delay or cause risk to the customer or the Contractor shall be submitted to the City for resolution in writing. Contractor may request the City to assist in the developing a reasonable resolution to an obstruction request. 1.16 "Prohibited Waste" shall include any hazardous substance, hazardous waste, industrial process waste, commercial waste, building or demolition waste, hazardous hospital waste, yard waste, rocks, sod, bricks, treated lumber, pollution control waste, potentially infectious medical waste, Special Wastes, and used oil, all as defined by Minnesota law from time to time. Prohibited waste shall also include Recyclables, which are properly prepared and placed for collection as Recyclables. Other materials as mutually agreed upon between the City and Contractor. 1.17 "Recyclables" shall include but not be limited to, newspaper, mixed mail, magazines, home office paper, corrugated cardboard, catalogs, aluminum cans, steel and BI-metal cans, all #1 PET and #2 HDPE containers with a neck (all colors), and green, brown and clear"glass bottles, brown paper bags. Other materials as mutually agreed upon between the City and Contractor. 1.18 (a) "Refuse" means all discarded and unwanted putrescible and nonputrescible household and kitchen wastes, including, but not limited to, food, food residues, and materials necessarily used for packaging, storing, preparing, and consuming same, usually called "garbage;" and all combustible and non-combustible waste materials resulting from the routine of domestic. housekeeping, including, but not limited to, aluminum and steel cans; glass containers; plastic containers; crockery and other containers; medical waste generated as general household wast~, metal; paper of all types, including newspapers, books, magazines, and catalogs; boxes and cartons; cold ashes; furniture, furnishings, and fixtures; small household appliances of all kinds; textiles and leather; and animal waste; toys and recreational equipment; and 6 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste similar items. Other materials as mutually agreed upon between the City and Contractor. (b) Refuse shall specifically exclude Prohibited Waste. (c) The terms "garbage," "rubbish," "solid waste," "trash," and "waste" are synonymous with Refuse unless otherwise more specifically defined (for example, "yard waste"). 1.19 "Residential Unit" shall mean buildings, include house trailers or mobile homes, used as living quarters for attached and detached Family Units which receive individual curbside refuse, recycling and yard waste collection within the designated City service area. A Residential Unit shall not include hotels, motels, boarding or lodging houses, or apartment buildings. The Administrator shall have the authority to determine the status of a building as a "Residential Unit." 1.20 "Reusable Containers" shall mean a 30-gallon durable container owned by the resident for trash and/or yard waste services. 1.21 "Seasonal Yard Waste" shall mean a one time annual fee billed in the spring of each year, for which a resident receives weekly yard waste collection. Such collection shall include the usage of a 60-gallon container and up to eight (8) biodegradable bags or reusable cans and/or bundles of brush per week. 1.23 "Special Wastes" shall mean 'all wastes, which are not defmed as "domestic waste." "Special Wastes" shall include but not be limited to liquid wastes, hot ashes, construction and demolition wastes, industrial wastes, any items or containers which weigh over fifty (50) pounds, and wastes from business or commercial enterprises. Other materials as mutually agreed upon between the City and Contractor. 1.24 "Subcontractor" shall mean and refer only to a corporation, partnership, firm or individual having a direct contract with the Contractor for performing work in connection with this contract. 1.25 "Ton" shall mean a short ton of 2,000 pounds. 1.26 "Yard Waste" shall include all items that must be diverted from the landfill in order to comply with the requirements of Public Act and House Senate Bills PA- 1430 (SB-1599), and PA-85-1429 (HB-3800). Those items include grass, leaves, pruning, twigs and branches: Yard Waste shall not include, table scraps, putrescible waste or garbage, or tree limbs and stumps exceeding four (4) inches in diameter. Other materials as mutually agreed upon between the City and Contractor. 7 City of Shakopee -Contract Collection, Processing and Disposal ofResidentiaJ Refuse, Recyc1ables and Yard Waste II. GENERAL CONDITIONS 2.1 CONTRACTOR'S OBLIGATIONS: A. In strict accordance with the terms of this Contract (including the General and Special Conditions and Specifications below) and at its sole cost and expense, the Contractor shall provide all of the labor, materials, necessary tools, expendable equipment, supplies, vehicles, transportation services, and recyclable processing and yard waste disposal arrangements required to perform and complete the collection and disposal of Refuse and Yard Waste and the collection and processing of Recyclables from Residential Units within the limits of the City and any territory hereinafter annexed. Contractor must provide for adequate disposal facilities or methods for refuse, recycling and yard waste as part of the contract proposal. B. Any contracts between the Contractor and businesses, commercial operations, multi-family rental buildings in excess of four (4) units, institutions, schools, or industries and units of government or agencies thereof, shall include a provision that such contract shall not interfere with the terms and conditions set forth under this Contract. C. The Contractor is strictly prohibited from mixing any waste from any other City residential route or with any commercially generated waste other than City Facilities as specified in this agreement. D. For informational purposes the City shall provide the Contractor the initial computerized listing of all those Residential Units within the City of Shakopee, which are eligible for City, contracted services. Those structures, which are not eligible for City services, shall not be collected. Said computerized list shall be maintained and updated by the City and the Contractor in electronic format. The computerized listing shall be updated each calendar quarter shall be made available at no cost to the City. 2.2 TERM OF CONTRACT: A. This contract shall become effective on the 18th day of March 2006, and shall remain in full force and effect through the 19th day of March 2011. B. At the expiration of the initial contract term, the City, at its sole discretion, may extend the contract for up to three (3) years at the proposal price for the option years by delivering written notice of its intent to extend delivery to Contractor at least six (6) months prior to the expiration date of this contract. The proposal price for the option years shall be the proposal price for 2011 adjusted by the 8 . . ^ City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste percentage increase in the consumer price index for all urban areas (CPI-U) from December 2011 to December 2014 and shall be in effect for those three (3) years. C. Contractor shan have the opportunity to request an additional extension with terms and conditions to be determined and agreed upon by both parties up to twelve (12) prior to the last full year term of the agreement or any extension thereof. 2.3 PAYMENT: A. The Contractor will bill the single family dwellings or town home association, which receive individual. curbside pickup within the designated City service area for the services included in this contract in accordance with the charges set forth on Attachment 1 to this agreement. B. The Contractor will bill each unit quarterly-at least every three months and no frequently than every month. The Contractor will be responsible for collecting all charges from each unit and may not hold the City responsible for any uncollectible charges. The City will assist the hauler through legal methods in the collection of unpaid accounts. C. The Contractor may not stop providing refuse, yard waste and recycling services to any unit that has past-due charges. Collection of such charges will be done ,pursuant to the City Code. 2.4 CONTRACTOR'S ACCIDENT PREVENTION: A. The Contractor shall comply with the safety provisions of all applicable laws, regulations . and building codes, including, without limitation, the installation and maintenance of safeguards on machinery and equipment, the elimination of hazards, and worker safety training. B. The Contractor shall exercise precaution at all times to protect the safety of persons and property. C. The Contractor shall immediately notify the City of any accident of any kind, which involves the general public or private or public property which occurs during the performance of this Agreement. D. Upon City's request, the Contractor shall provide the City with a written report within forty-eight (48) hours including the details of any such accident. 9 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 2.5 DAMAGE TO PROPERTY: A. The Contractor shall take all necessary precautions to protect public and private property during the performance of this Agreement. B. Except for reasonable wear and tear and obstructions, the Contractor shall repair or replace any private or public property, including, but not limited to waste receptacles, sod, driveways, mailboxes, or recycling bins, which are damaged by the Contractor. C. Such property damage shall be addressed for repair or replacement, at no charge to the property owner, within forty-eight (4g) hours with property of the same or equivalent value at the time of the damage. D. If the Contractor fails to address the repair or replacement damaged property in within forty-eight (48), the City may, but shall not be obligated to, repair or replace such damaged property, and the Contractor shall fully reimburse the City's for any of its reasonably incurred expenses. E. The Contractor shall reimburse and/or provide evidence of an insurance claim, the City for any such expenses within ten (10) days of receipt of the City's invoice. F. Contractor may request the City to remove such obstructions such as trees, rocks, and the like upon written agreement by both parties. 2.6 INSPECTION: A. The City may appoint such Inspectors as it deems proper to inspect the work performed and Contractor's facilities for compliance with the contract documents. The Contractor shall furnish all reasonable assistance required by the Inspectors for the proper inspection of the work. B. Inspectors and other authorized representatives of the City shall be free at all times to perform their duties. Any attempted intimidation of one of them by the Contractor or his/her employees shall be sufficient reason, if the City so decides, to terminate the contract. C. Such inspection shall not relieve the Contractor from any obligation to perform the work strictly in accordance with the contract. 2.7 COMPLIANCE WITH LAWS, ORDINANCES AND REGULATIONS: A. The Contractor shall be familiar with, observe and comply with all ordinances, laws, and regulations which in any manner affect those engaged or employed in the work, or the materials, facilities or equipment used in the proposed work, or 10 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste which in any way affect the conduct of the work, and shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on any violation of same. B. If the Contractor shall discover any provision in the specifications or the contract which is contrary to or inconsistent with any law, ordinance or regulation, he/she shall forthwith report it to the Administrator in writing. C. Amendments to existing regulatory laws and ordinances and enactment of new laws and ordinances shall not serve as justification for the Contractor to tenninate his/her obligations hereunder, unless said amendments make the completion of this contract imp?ssible. 2.8 TAXES, LICENSES AND PERMITS: The Contractor shall pay all sales, use, property; income, and other taxes' that are lawfully assessed against the City or Contractor in connection with the Contractor's facilities and the work included in this contract and shall obtain, maintain and pay for all licenses, permits, certificates of authority, and inspections required for the work during the term of the Contract. 2.9 INDEPENDENT CONTRACTOR: A. The Contractor shall be responsible for the complete supervision and control of his/her Subcontractors. Notice to the Contractor shall. be considered notice to the Subcontractors. B. The Contractor is, and shall remain for all purposes, an independent contractor, and its officers; employees, agents, or consultants shall not be deemed employees of the City, nor shall they be entitled toany separate payment of salary, wages, or any employee benefits available to employees of the City. C. The Contractor shall be solely responsible for any salaries, wages, benefits, fees or other compensation, which it may obligate itself to pay to any of its employees or consultants. D. Contractor agrees that during the term of this contract, or any extension of it, Contractor shall not assign, sell, or otherwise transfer more than 10% of: (a) its stock or other beneficial ownership interest; (b) voting rights; or (c) assets, to any person or party other than a member of the immediate family of an existing shareholder. A breach of this contract and the City may immediately tenninate the contract. 11 City of Shakopee -COntract Collection, Processing and Disposal of Residential Refuse, RecycIables and Yard Waste 2.10 TITLETO REFUSE, RECYCLABLES AND YARD WASTE: Title to all refuse and landscape waste and all other incidents of ownership of the waste materials shall pass to the Contractor when such materials are placed into the collection vehicle. 2.11 ASSIGNMENT AND SUBCONTRACTING: A. The Contractor shall not assign or subcontract the work, or any part thereof, without the previous ~onsent of the City Council, nor shall he/she assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of the City has been obtained. No right under this contract, nor claim for any money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so-called assignment of this contract or any part thereof, unless such assignment has been authorized by the consent of the City Council. B. In case the Contractor is perrriitted to assign moneys due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered and materials supplied for the performance of the work and to any claims of the City arising out of or under this contract. C. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by himlher, hislher subcontract should be immediately terminated by the Contractor upon written notice from the City. The Contractor shall be as fully responsible and accountable to the City for the acts and omissions of hislher subcontractors, and of persons either directly or indirectly employed by himlher, as he/she is for the acts and omissions of persons directly employed by him. Nothing contained in this contract shall create any contractual relation between any subcontractor and the City. The Contractor and his/her Surety alone shall be held responsible for the full and faithful performance of this contract. 2.12 PERFORMANCE BOND: A. The Contractor shall provide a joint and several performance bond to the City of Shakopee to protect said City, and also to protect anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment, or material in the execution of such contract, which bond shall be signed by the Contractor and a surety company as surety, and shall be in an amount equal to three hundred thousand dollars ($300,000.00) by March 10, 2006. The bond shall at all times be kept in full force and effect; said surety company shall have a Best Insurance Rating of A or bett-er and a letter so stating shall accompan): any proposal forms. The performance bond can be reduced t{) 12 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard waste $200,000 a.fter successful performance for yea-r (1) one, $150,000 after year (2) 1\"/0, $125,000 after year (3) three, $100,000 after year (1) four, and $50,000 for year (5) fiy/e fifty thousand dollars ($50,000) per year as agreed upon by both parties. B. The condition of which bond shall be that the Contractor shall fully and faithfully perform all provisions of the contract and the specifications and shall pay all laborers, mechanics and subcontractors and material men, and all persons who shall supply such person or persons, or subcontractors with provisions and supplies for the performance of the contract; provided that the bond shall not be security for money loaned or advanced to the Contractor, subcontractor or other person in the performance ofthe contract. C. A performance bond continuation certificate shall be delivered to the City at least thirty (30) days before the expiration of the bond. Failure to provide a continuation certificate thirty (30) days before expiration of the bond shall constitute default on the part of the Contractor and shall be sufficient grounds for immediate termination of the contract by the City. 2.13 GENERAL INDEMNIFICATION: A. The Contractor shall indemnify, keep and save harmless the City and its respective officers, agents and employees against an suits or claims that may be based upon any injury or damage to persons or property that may occur, or that may be alleged to have occurred, in the course of the performance of this contract by the Contractor, or as a result of the performance of this contract by the Contractor, whether or not it shall be claimed that the injury was caused through a negligent act or omission of the Contractor or hislher employees, or hislher subcontractors or his/her or their agents or in connection with any claim based on lawful demands of subcontractor, work person, suppliers; and whether or not the persons injured or whose property was damaged were third parties, employees or the Contractor or employees of an authorized subcontractor; and the Contractor shall at hislher own expense defend the City in all litigation, pay all attorneys' fees and all costs and other expenses arising out of the litigation or claim or incurred in connection therewith; and shall, at his/her own expense, satisfy and cause to be discharged such judgments as may be obtained against the City, or any. of its officers, agents or employees. B. When requested by the City, the Contractor shall submit satisfactory evidence that all persons, fIrms or corporations who have done work or furnished supplies under this contract, for which the City may become liable under the laws of the State of Minnesota, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount may be retained from money due the Contractor which will be sufficient, in the opinion of the City, to meet all claims of the persons, fIrms, and corporations as aforesaid. Such sum 13 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste shall be retained until the liabilities as aforesaid are fully discharged or satisfactorily secured. 2.14 CERCLA INDEMNIFICATION: The Contractor shall, to the maximum extent permitted by law, indemnify, defined, and hold harmless the City, its officers, employees, agents, and attorneys from and against any and all liability, including, without limitation, costs of response, removal, remediation, investigation, property damage, person injury, damage to natural resources, health assessments, health settlements, attorneys' fees, and other related transaction costs arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, 42 U.S.C.A. Sec. 9601, et seq., as amended from time to time, and all other applicable statutes, regulations, ordinances, and under common law, for any . release or threatened release of hazardous waste or hazardous substances within any waste material which is: (1) improperly collected by the Contractor, or (2) not delivered to the Landfill or, (3) in the case 0f Recyclables or Yard Waste, not properly handled or processed by the Contractor in violation of this Contract. 2.15 INSURANCE: A. The Contractor shall furnish prior to commencement of any work under this Contract certificate(s) ofinsurance providing insurance coverage as follows: (1) Workers' Compensation Insurance - Covering all persons engaged in work under this Contract to the full statutory limits stipulated in the Minnesota Workmen's Compensation Law. (2) Commercial Liability Insurance - Including premises and operations with the following minimum limits: Bodily Injury $l,OOO,OOO/each occurrence Property Damage $l,OOO,OOO/each occurrence (3) Commercial Vehicle Liability Insurance - Including owned, non-owned and hired motor vehicles. Bodily Injury $l,OOO,OOO/each occurrence Property Damage $l,OOO,OOO/each occurrence (4) Release, Discha:rge or Thellten Release or Discharge of Hazardous Substances or pollutants one (1,000,000) million/occurrenee. 14 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste The above requirements should not be interpreted to limit the liability of the Contractor under this Contract. B. All insurers shall be either licensed or authorized to do business in the State of Minnesota and carry a Best rating ofB+ or greater. C. This coverage shall protect the Contractor, its employees, agents, representatives and subcontractors against claims arising out of the work performed. The City of Shakopee, its agents and employees shall be included as additionally insured with respect to all liability policies herein. D. A thirty (30) day cancellation clause with notice to the City of Shakopee shall be included; words modifying the cancellation clause such as "endeavor to" provide notice will be unacceptable and must be stricken. E. It shall be the Contractor's responsibility to provide similar insurance for each subcontractor or to provide evidence that each subcontractor carries such insurance in like amount prior to the time such subcontractor proceeds to perform under the Contract. 2.16 DEFAULT AND TERMINATION: A. If the work to be done under this contract is abandoned by the Contractor; or if this contract is assigned by himlher without the written consent of the City Council; or if the Contractor voluntarily files for bankruptcy or is adjudged bankrupt; or if a general assignment of his assets is made for the benefit of his creditors; or if a receiver is appointed for the Contractor or any of hislher property; or if at any time the City determines that the performance of the work under this contract is being unnecessarily delayed or that the Contractor is violating any of the conditions of this contract, or that he/she is executing the same in bad faith or otherwise not in accordance with the terms of said contract, then the City may serve written notice upon the Contractor and hislher Surety of the City's intention to terminate this contract. B. Unless within ten (10) days after the serving of such notice by certified mail, a satisfactory arrangement is made for continuance, this contract shall terminate and the City may take over and prosecute the work to completion, by contract or otherwise. C. In the event of default or nonperformance on the part of the Contractor, the Contractor and its Surety shall be liable to the City for all excess cost sustained by the City by reason of the City. In the event the City complete the contract as a lesser cost than would have been payable to the Contractor under the contract, if the same had been fulfilled by said Contractor, then the City shall retain such 15 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste difference. Should such costs to the City be greater, the Contractor and its Surety shall be liable for any pay the amount of such excess to the City. D. In the event of Contractor's default under the terms of this contract, all payments due the Contractor shall be retained by the City and applied to the completion of the contract and to damages suffered and expense incurred by the City by reason of such default, unless the Surety on the performance bond shall assume the contract, in which event all payments remaining due the Contractor at the time of default, less amounts due the City from the Contractor and less all sums due the City for damages suffered and expense incurred by reason of such default shall be due and payable to such Surety. Thereafter, such Surety shall receive monthly payments equal to those that would have been paid the Contractor had_such Contractor continued to perform the contract. 2.17 FORCE MAJEURE: A. Whenever a period of time is provided for in this Agreement for either the City or the Contractor are to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform due to causes beyond the control of said party such as war, riot, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake, tornado or any act of God, but not strike or lockout. B. The time period for the performance in question shall be extended for only the actual amount of time said party is so delayed. 2.18 PENALTIES: A. The Administrator and hislher designee shall notifY the Contractor for each violation of the Contract, reported to or discovered by himlher or the City. It shall be the duty of the Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notifY in writing the City of its disposition within twenty-four (24) hours after receipt of complaint. B. The following acts or omissions shall be considered a breach of the Contract and for the purpose of computing damages under these provisions and due process. 1) Failure to clean up solid waste spilled by Contractor within six (6) hours of oral Qr writt,en notification-----------------------------$50.00 each instance. 2) Failure to clean vehicle, conveyance, containers, docks, shops, yards, and other equipment as provided for in the specifications---------------$100.00 each instance. 16 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 3) Failure to maintain vehicle in manner which prevents nuisances such as leaky seals or hydraulics---------------------------------$100.00 each instance. 4) Failure or neglect to collect solid waste, yard waste and recycling at those times as provided by this Contract within twenty-four (24) hours from notice by the City, either oral or written----------------$50.00 each instance. 5) Failure or neglect to provide notice to resident upon solid waste refused for collection for cause------------------------------------$25.00 each instance. 6) Failure to return containers to original location and/or replace lids per specifications at the time the container is emptied----$50.00 each instance. 7) Iri addition to above, failure or neglect to correct chronic problems will be considered a breach of Contract-------------------------$50.00 each instance. Chronic problems shall be construed to be three or more occurrences of the items (1), (3) or (4) immediately above) at the same address within any period of 6 consecutive months whether or not remedied within twenty- four (24) hours, or four (4) hours in the case of spilled solid waste. ~) Use 'of equipment specially identified for work under the contract, (paint/decal), for collection or transportation of materials generated from locations or customers not specified for service under this contract. Each day for which a violation continues shall be deemed to be a separate instance of the violation -------------------------------$1000.00 each instance. 9) Collection of Recyc1ables, which are properly prepared and placed for collection as Recyc1ables, as part of Refuse collection--$25.00 each instance. 10) Missing entire blocks/neighborhood. A missed block is defined as a block where residents from at least three (3) households within two intersections of that block or cul-de-sac report that their material was out before 7 :00 am, the material was not picked up and the addresses did not appear on the records as unacceptable setouts.-----------$250 each instance. 11) District-wide collection not completed. The failure to complete a majority (50% or more) of pickups within the City or collection district on the scheduled collection day without following proper notification procedure. -----------------------------------------------------$2, 5 00 per instance. D. Hauler must maintain a minimum cash balance deposit of $1,000 $2,0(l().vith the City to be used for payment of any penalty. Any unused portion of the deposit shall accrue interest at 5% simple annual interest and will be returned to the 17 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, RecycIables and Yard Waste hauler at the end of the contract period. After a one year of successful performance, the City may reduce the $1,000 $2.000 cash balance deposit to a lesser amount, if mutually agreed upon by the Hauler and the City. 2.19 NOTICES: A. Any notice or demand required or permitted to be given or made there under shall be sufficiently given or made by facsimile, e-mail, messenger delivery, overnight delivery, or certified mail in a sealed envelope, postage prepaid, addressed.as follows: City of Shakopee Dick's Sanitation Services, Inc., a, City Administrator Minnesota Corporation, doing . 129 South Holmes Street business as Lakeville Sanitary Shakopee, MN 55379 Services P.O: Box 769 Lakeville, MN 55044 B. Either party may change the address to which notices may be sent by furnishing written notice of such change to the other party. C. Notice delivered by messenger, overnight delivery, facsimile, or e-mail shall be deemed received upon delivery. Notice delivered by mail shall be deemed to have been given as of the date of the V.S.P.S. postmark. 2.20 SEVERABILITY: If any of the provisions of this Contract are determined by a court of competent jurisdiction to be invalid, such provisions shall be deemed to be stricken, and such adjudication shall not affect the validity of the remainder of the terms of this Contract as a whole or of any section, subsection, sentence or clause not adjudged. to be invalid so long as the material purposes of this Contract can be determined and effectuated. 2.21 GOVERNING LAW AND VENUE: A. This Contract shall be governed by the laws of the State of Minnesota. B. Venue for any action taken by either the City or the Contractor, whether in law or in equity, to enforce the terms of this Contract shall be in the Circuit Court of the Judicial Circuit, Scott County, Minnesota, and the Contractor hereby waiyes whatever rights it may have in the selection of venue. 18 City of Shakopee -Contract Collection. Processing and Disposal of Residential Refuse, Recyc1ables and Yard Waste 2.22 RIGHT TO REQUIRE PERFORMANCE: A. The City's failure at any time to require performance by the Contractor of any of the specifications in this Contract shall in no way affect the right of the City thereafter to enforce it. B. No waiver by the City of any breach of specifications in this Contract shall be taken or held to be a waiver of any succeeding breach of such specifications in this Contract, nor shall such a waiver of a single breach be taken or held to be a waiver of any specification itself. 2.23 OPTION TO CHANGE SERVICE; AMENDMENTS: A. The City shall have the option to change the service provided during the term of this Contract, including, without limitation, changing the types of material collected, the method of handling, collecting, or disposing of the collected waste. B. The City shall exercise such option by serving written notice to the Contractor at its designated place of business at least ninetY (90) days before the date such service change is contemplated to begin. C. Immediately after written notice IS served, the parties shall enter into good faith negotiations concerning the terms, frequency, and the details of pricing the services that are provided. D. Any modification or amendments to this Agreement shall be in writing and shall be signed by the parties. m. SPECIAL CONDITIONS 3.1 CUSTOMERSERV1CE A; The Contractor shall establish and maintain a Shakopee phone number to which thepublic and City personnel may call or send inquiries and complaints, and from which the public and City personnel may receive information and instructions. B. The Contractor shall provide the Administrator with information concerning the location, telephone number(s) and mailing addresses of the customer service office established above, the garage and mainfenance facilities, the recycling processing facilities, and any other facility that will be used in the provision of services under this Contract. C. The Contractor shall provide the Administrator with information concerning the Contractor's designated person(s) for the purposes of obtaining instructions, 19 City of Shakopee -COntract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste answering inquiries, and resolving complaints. Such persons shall be available to discuss, and if necessary meet with City personnel to resolve problems D. The Contractor shall provide the City with at least one telephone number, which may be used by City personnel to communicate with the Contractor after regular business hours or during an emergency. E. The Contractor shall equip such office with a sufficient number of telephones and personnel to accommodate the residents' inquiries, and shall provide management personnel to supervise such office during collection hours. F. Except as otherwise directed by the City, customer service shall be available at least between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday, except during holidays. G. The Contractor shall provide a single local or toll-free telephone number and a facsimile number for customer use. The City may publicize the Contractor's customer service telephone number(s). H. The Contractor shall take out an advertisement in the next telephone book published, City-wide telephone book, which advertisement shall list the Contractor's name, office address, and telephone number. 1. The Contractor shall provide for a quarterly informational brochure/newsletter, agreed upon by the City, to all Shakopee customers with information on contact numbers, recycling and refuse updates, informational tips and any changes in the law and the like. J. Upon reasonable notice, and during regular business hours, the City shall have the right to visit and inspect any of the Contractor's facilities used to provide services pursuant to this Agreement. 3.2 EMPLOYEES AND CONDUCT: A. The Contractor shall use care and diligence in the performance of this Agreement shall perform all collection and disposal services required by this Agreement in a neat, orderly, and efficient manner. B. The Contractor shall provide neat, orderly, and courteous personnel for its collection crews and shall provide courteous and knowledgeable personnel for its customer service office. C. The Contractor shall prohibit its drivers and crew members from drinking alcoholic beverages or using any controlled substance, except pursuant to a 20 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste doctor's prescription, while on duty, or in the course of performing their duties under this Agreement. D. If the City determines that any of the Contractor's employees is unfit or unsuitable to perform the services under this Agreement as a result of intoxication, drug use, or by virtue of abusive or obnoxious behavior, then, upon the City's written request, the Contractor shall remove such employee from work within the City and furnish a suitable and competent replacement employee. E. All of the Contractor's permanent collection employees working within the City shall be required to wear a work uniform including a shirt or jacket clearly. indicating that the ~rnployee is employed by the Contractor. F. All of the Contractor's vehicle operators working within the City shall carry valid Minnesota state driver's licenses for the class of vehicle operated. Such vehicle operators shall obey all traffic regulations, including weight and speed limits. 3.3 VEHICLES A. All vehicles and equipment used in the performance of this Contract, shall be wholly owned by the Contractor; provided, leasing or rental agreements or conditional sales contracts may be allowed where approved by the City, in writing, prior to execution of this Contract. The vehicles and equipment to be used in performance of this Contract shall be submitted with the proposal and are made part of this Contract by reference. B. No further encumbrance shall be placed upon any of such equipment without the approval of the City, save that the Contractor may, without consent, mortgage or otherwise encumber said vehicles, equipment and facilities for the purpose of enabling the Contractor to replace the same or add thereof. C. All vehicles used within the City of Shakopee for collection and transportation equipment shall be numbered consecutively and shall have the Contractor's name and telephone number painted in letters of contrasting color, at least four inches high, on each side of each vehicle, and the number painted on the rear. No advertising on collection and transportation equipment shall be permitted other than the name of the Contractor. Paint colors, numbering and any markings of the equipment shall have the approval of the City. D. All collection and transportation equipment used by the Contractor shall be kept in a clean and sanitary condition and shall be flushed or swept out. Such flushing or sweeping shall be conducted so that none of the material from the equipment is deposited in other than a sump or pit on the landfill or other place approved by the Administrator. All collection and transportation equipment shall be steam 21 City of Shakopee. --Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste cleaned (weather permitting), inside and out, at least once each week, and shall be repainted at least every two and one-half (2 1/2) years. E. All of the Contractor's vehicles operated within the City shall be fully enclosed, leak-proof vehicles, operated so that no refuse or landscape waste leaks, spills, or blows off the vehicles. Drain plugs, if available, shall be kept sealed, except during collections in rainy weather. G. Contractor must use either rear or side (not top loading) loading trucks in the collection of City Refuse, Yard Waste and Recycling. 3.4 ROUTING AND COLLECTION SCHEDULE: A. The City shall be divided into routes for the purpose of collecting Refuse, Recyclables, and Yard Waste. Each route shall be scheduled to receive all collection services on the same day. All collection services shall be provided once per week, Monday through Friday, year round to all designated Residential Units within the City's corporate limits. Yard Waste collection shall be provided at least once per week, Monday through Friday, from approximately April 15 until November 1 with a timeframe allotted for holiday tree and wreath pickup in the month of January. B. Prior to January 15,2006 the Contractor shall submit a proposed collection route map indicating the areas in the City that will be collected for each day of the week for approval by the-City. The proposed routes shall be designed to minimize the changes to the existing route system and assure geographic continuity. The City shall approve the map, or reject the map with reasons for rejection as soon as practicable after it has received the map. If rejected the Contractor shall then submit a new map for acceptance or comment as soon as practicable. This process shall continue until an acceptable map is submitted, but no later than March 1, 2006. C. The Contractor may propose an independent route schedule for areas of the City with frequent alley collection. The proposed routes should minimize as much as practical disruption to the existing route system and optimize geographic continuity throughout the City. The intent of second tier of collection zones is to allow the Contractor to provide collection in the alleys in the most cost effective manner. The City shall approve the routes submitted, or may suggest amendments thereto prior to approval under the process set forth in (B) above. D. Upon approval of the routes, the Contractor shall at a minimum, chose a full- page map to be published in the Shakopee Valley News two times during the month of March, 2006. The map shall delineate the collection routes. General information about the service shall accompany the map. 22 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste In addition the Contractor shall provide the City with color map(s) delineating the collection routes that can be copied and distributed to the public on an 8 1/2 x 11 inch format. E. The Contractor may, from time to time, submit its written request to amend the approved schedule. 1) Such a request shall include a proposal for specific changes, together with a detailed explanation concerning the reasons for changing the sector boundaries or collection schedule. 2) In its sole discretion, the City may grant or deny the Contractor's request to change the sector boundaries or collection schedule for any or all areas served by the Contractor under this Agreement. 3) Any change of the sector boundaries or the collection schedule shall be approved by the City at least sixty (60) days before such changes may become effective. 4) If the City approves any change of the sector boundaries or the collection schedule, the Contractor shall design, print and distribute a written letter to each household effected by the changes to explain the reasons for the changes and the date on which the change will be come effective. The content and distribution of any such letter shall be subje,ct to the City's prior written approval. 5) Such letter of explanation shall be distributed by the Contractor to arrive at each resident's house at least two (2) weeks prior to the effective date of any service changes. 6) During the first week following any City-approved change in the collection schedule, the Contractor shall operate its collection vehicles on the previous collection schedule in addition to the new schedule. 7) During the second and third week following any City-approved change in the collection schedule, the Contractor shall immediately respond to complaints concerning missed collections from residents who are confused by the new schedule if such residents will have to wait longer than two days for collection. . 3.5 HOLIDAY COLLECTION SCHEDULE: When a holiday falls on a collection day for any given route, the refuse will be collected on the following day. Each subsequent collection day will be delayed 23 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste one (1) day until the end of the week in which the holiday fell. lfthe observed holiday falls on a Saturday or Sunday, there will not be an interruption in service. For the purpose of the contract the following are recognized holidays; New Year's Day Christmas Day Memorial Day Independence Day Labor Day Thanksgiving Day 3.6 HOURS AND STANDARDS OF COLLECTION: A. The Contractor shall not begin its collection operations within the City before 7 :00 a.m. B. The Contractor shall furnish sufficient numbers of vehicles and personnel to perform the services required by this Agreement without respect to adverse conditions, breakdowns, strikes, or similar hindrances. C. The Contractor's crew shall perform collection services with as little noise, disturbance, and disruption to the City's residents as possible. D. The Contractor shall collect all properly prepared Refuse, Recyclables, Yard Waste from the designated collection point. The Contractor is not required to collect any items that are not properly prepared. Proper preparation is specified for each collection service below. E. Residents shall place disposal units within five (5) feet to the curb (or in those areas on alley routes or without curbs, close to the edge of the pavement), to facilitate collection by the Contractor. The Contractor shall not be required to collect any material not properly placed. F. The Contractor shall replace lids, return all empty containers at each stop to the general location at which they were found. Empty containers shall not be placed in the middle of driveways, in driveway aprons, or near the curb in a manner that will increase the likelihood that an empty container will block a driveway or sidewalk or fall or roll into the street. G. The Contractor shall handle all containers with reasonable care to avoid damage and spills. Where collection crews break or spill any item of waste onto parkways, premises, curb-and-gutter, or streets, the crews shall immediately clean up the debris in a workmanlike manner. A broom and shovel shall be required as standard equipment on each vehicle. 24 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste H. The City. shall enact and reasonably enforce all ordinances, which may be necessary to achieve compliance with the requirements of this Section by anyone within the City, including residents. 3.7 CONTRACTOR RECORDS: The Contractor shall maintain, separate from all other records and accounts, complete records and an accurate ledger of accounts of all revenues and expenses relating to the Refuse, Recyclable and Yard Waste disposal system and any associated waste reclamation operations. Contractor shall also report monthly in to the City the actual tonnage of Recyclables and the estimated tonnage of Refuse, Yard Waste, collected "by category as required by the City. Said records and accounts shall at all reasonable times be open to inspection by the City and its agents. 3.8 PUBLIC EDUCATION: A. During the term of this Contract, the Contractor shall use a City approved notice to inform residents of any and all reasons why the Contractor may not have collected all waste material placed the curb. B. The notice shall be designed and printed by the Contractor and shall indicate the reason waste material was not collected. The notice shall include the name and telephone number of the 'Contractor. The notice may have a check-off format listing the most common mistakes in preparing waste material for collection. The notice shall be designed to attach to the uncollected waste material in a visible manner (adhesive back, tie-on tag, etc.). C. The Contractor shall cooperate in educational activities to promote citizen awareness of the residential solid waste and recycling, compo sting program(s), including, but not limited to facility tours, quarterly newsletters and participation in special events. IV. REFUSE COLLECTION AND DISPOSAL - SPECIFICATIONS 4.1 COLLECTION: A. The Contractor shall collect all Refuse, which is properly placed in Containers for Refuse from all Residential Collection Units. The quantity of Refuse or number of Containers for Refuse are not to be limited. B. Contractor shall not collect those items or materials specifically excluded from collection under the Code of Ordinances as Prohibited Wastes. 25 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste C. Contactor shall provide all single-family units with individual curbside pickup within the designated City service area with a new refuse container on or before March 18,2006. D. The Hauler shall provide weekly service as necessary for the collection and disposal of refuse, recycling and yard waste from all City owned or leased facilities and parks at no cost to the City of Shakopee. Current City Facilities to Receive Collection: 1) City Hall-129 South Holmes Street. 2) Public Works - 476 Gorman Street (will be expanding into old SPUC building as well) 3) Police Station - 475 Gorman Street. 4) Community Center-1255 Fuller Street. 5) Library - 235 East Lewis Street. 6) City Pool-ll01 Adams Street 7) Shakopee Senior Center - 200 Levy Drive 8) Any other similar future facilities as designated by City Administrator. 4.2 REFUSE TO BE PROCESSED: A. The Contractor shall transport the collected Refuse to a Minnesota processing facility ("MMSW"). The Contractor shall be responsible for all costs associated with transporting and processing the Refuse at the processing facility. B. The trucks shall be weighed, including the truck operator, when each load is delivered to the sanitary landfill (the gross weight) upon State certified scales furnished by the Landfill operator. Each truck, including the truck operator, will be weighed after the load has been dumped (the tare weight) in order to determine the net weight of the dumped load. No average empty weight shall be utilized in calculating the net weight. C. The City's contract for Refuse disposal at a Minnesota processing facility is effective for the entire initial term of this Contract. If for any reason the processing facility cannot or will not accept the Refuse of the city or the City chooses to switch processing facilities, the City may direct the Contractor to dispose of Refuse at another site. In that event, the price of the Contractor's services for Refuse collection and disposal shall be renegotiated to reflect any increase or decrease in costs related to the difference in distance between the processing facility and any other site designated by the City. D. The Contractor shall not dispose of Refuse in any other landfill or waste disposal facility or operate any transfer station without the consent of the City. 26 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste 4.3 PRICE AND PAYMENT: The Contractor shall submit monthly invoices for the material handled in the preceding month, and will be paid the accepted proposal price per ton. V. RECYCLABLE COLLECTION AND PROCESSING - SPECIFICATIONS 5.1 COLLECTION: The Contractor will collect all properly prepared and placed Recyc1ables from Residential Units on the same day as regular Refuse Collection. The Contractor shall collect all Recyclables, regardless of whether they are placed in a Container for Recyc1ables. 5.2 CONTAINERS FOR RECYCLABLES: A. The City shall provide each Family Unit with the initial Container for Recyclables for which the Contractor will deliver. After the initial City purchased Containers issued, the Contractor will be responsible for purchasing and delivering the residential Containers. B. The bins shall have the words "City of Shakopee" on printer on at least one side . of each container. Each recycling bin shall be delivered complete with a package of recycling information provided by the Contractor explaining what and how to recycle in order to assist the Contractor in the performance of their work and to inform and educate the public. C. Bins shall be delivered through out the term of the Contract to any newly constructed homes and to any newly annexed properties/sub-divisions. Lost and stolen bins shall be replaced by the Contractor, misuse, abuse and fraud excepted. 5.3 RECYCLABLE PROCESSING: A. Contractor shall not dispose of Recyclables in any landfill or incineration facility nor knowingly convey Recyc1ables to any other person that disposes Recyclables in a landfill or incinerating facility without the express written consent of the City. B. Contractor shall provide a facility to process and prepare for the market or transfer for processing elsewhere the materials listed above. Facility shall comply with all local, state, federal environmental and land use regulations. C. The recycling site shall be properly zoned for all proposed recycling activities. All recyclable material shall be promptly processed into a marketable product. The processed product may be stored at a covered location until market prices for the product are favorable but not in excess of Scott County Department of 27 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, RecyclabJes and Yard Waste Environmental Health guidelines or Minnesota Environmental Protection Agency regulations. D. If Contractor cannot have a facility operational by March 1, 2006, he/she must show ability to take the materials and process them (through transfer, etc.) until such time as the facility is operational; in no case, however, shall the facility open later than June 1,2006 . E. Proposer may accept RecYclables at its facility from other customers; however, contractor shall give priority, unless unreasonable, to deliveries made through the City's program as opposed to deliveries made by other customers. F. Successful Contractor shall keep records to determine the quantity of individual items recycled, and shall issue a monthly report to the City as to the quantity of each material processed during that month. G. The City shall have the right, during the term of the Contract, to have a representative on Contractor's premises to monitor the operation of the Contract. Such representative shall only be allowed on Contractor's premises during normal business hours. 5.4 COMPENSATION FOR SERVICES: A. Price of this service shall be a fixed price per ton of Recyclables collected as established in the initial proposal. A separate per ton price shall be bid for fiber Recyclables and for all other Recyclables combined. The price shall cover all equipment, material, labor and services to be performed under the proposed contract. B. In order to receive payment, the Contractor will be required to weigh each category of Recyclables collected on State of Minnesota Certified Scales provided by the Contractor and subject to inspection or verification by the City. The weight shall net of any containers holding the Recyclables. C. The Contractor shall submit itemized bills for services provided to the City on a monthly basis. Invoices must include a copy of the Recycling Materials Credit Report. Bills submitted shall be paid in the same manner as other claims made to the City. The Contractor shall provide documentation and reports as required by the City. D. Proceeds from the sale of recyclable materials. The City shall receive a monthly quarterly credit statement based on the net proceeds of the sale of all recyclable materials collected the previous month in the City, if there are positive net proceeds from the sale. Net proceeds is defined as the total, revenue received by the Contractor from the sale of all recyclable material minus processing charges, 28 ') City of Shakopee -Contract Collection, Processing and Disposal ofResidentiaJ Refuse, RecycIables and Yard Waste which are labor and equipment charges made by the Contractor which handles the processing for sale and sale of recyclables. The City and the Contractor will divide the net proceeds by 50%. Payment by the Contractor to the City shall be made no later than the fifteen (15) days after the end of each billing quarter. The Contractor shall establish and report the per ton cost of processing said charges as part of Contractor's proposal attached hereto, and propose a rate and formula for providing credit to the City. Any increase in the charges made by the Contractor which result in an increase in the processing charge, shall be documented to the City. E. The Contractor shall allow the City or its duly authorized agents reasonable access to such of the Contractor's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to or prepared or assembled by the Contractor under this agreement which the City requests to be kept confidential shall not be made available to any individual organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor shall become the property of the City upon termination of this Agreement. VI. YARD WASTE COLLECTION AND PROCESSING 6.1 COLLECTION: A. The Contractor shall collect all properly prepared and placed Yard Waste in Containers or Bags for Yard Waste from Residential Units on the same day as regular Refuse Collection. B. Yard Waste shall be collected each year between .^~pril15 around mid-April, or as soon as the Scott County Highway Department lifts the spring roadway weight limits and November 1 the week prior to Thanksgiving;, or such time as winter weather curtails yard waste operations. Christmas trees and other holiday wreaths shall be collected from beginning of January through mid-January. Starting and ending collection dates shall be with the mutual concurrence of the City. The Contractor shall not suspend operations during the operation periods of time ~ without the written authorization of the City. 6.2 PROCESSING OF YARD WASTE: A. Yard Waste shall not be disposed of in any landfill in violation of Minnesota law. B. The Contractor shall own, co-own, rent, lease, control, or otherwise have access to a properly licensed and permitted compo sting facility, farm, or a landscape 29 City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste waste transfer station with sufficient capacity to dispose of collected Yard Waste within the City under all circumstances. C. The Contractor shall be solely responsible for compliance with all Federal, State, County, and Local laws, ordinances, and regulations governing the disposal of Yard Waste at such a facility. D. Upon the City's request, Contractor shall provide to the City the name and location of the Yard Waste disposal facility it intends to use during the term of this Contract. E. Upon the City's request, tb-e Contractor shall provide the City with proof that such . . facility complies with all laws and regulations governing such facilities. F. Upon reasonable notice, the City shall have the right to visit and inspect such facilities during regular business hours. G. The Contractor shall notify the City of any changes in Yard Waste disposal facilities. H. Upon the City's written request, the Contractor shall furnish the City with reasonable assurances concerning the availability of adequate facility capacity for disposal of Yard Waste collected under this Contract. 6.3 PRICE AND PAYMENT: A. Payment for service shall be in addition to the fixed unit price of refuse and/or recycling as established in the Contractor's accepted proposal. Methods such as individual customer billing, stickers or tags or the like can be used in the billing process. The price shall cover all equipment, materiel, labor and services to be performed under the proposed contract. B. The trucks shall be weighed, including the truck operator when each load in delivered to the composting site, (the gross weight). Each truck including the truck operator will be weighed after the load has been dumped (the tare weight) in order to determine the net weight of the dumped load. No average empty weight shall be utilized in calculating the net weight. VII. NUSCELLANEOUSSERVICES 7.1 CLEANUP EVENTS: A. The City of Shakopee in conjunction with Scott CountY traditionally sponsors a spring clean-up day. The programs result in a high level of Bulk Waste placed for collection. The City will work with the association and Contractor to schedule 30 City of Shakopee --Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste one spring program in order to assure that adequate manpower and equipment can be made available. B. Clean-up events shall be billed separately to the City of Shakopee. C. "Bulk Items" will be picked up by the hauler and billed at an individual separate rate from the monthly residential unit rate of normal refuse, recycling and yard waste collection. D. Contractor's will provide a free dumpster, at a secure location to be specified by the City, during regular business hours, Monday - Friday. for residential disposal of card board. E. Contractor will make an annual payment amount of $1,860. no later than November 1st, to the City for alley pickup efficiencies. The payment will be ad.iusted bv the cpr on January 1st of each calendar year. F. Contractor will provide at least four (4) recycling awards. one month free refuse service, to a resident who has proven to have recycled in the City. 31 . ',,-- City ofShakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste CITY OF SHAKOPEE CONTRACTOR Dick's Sanitation Services, Inc., a Minnesota Corporation, doing business as Lakeville Sanitary Services InA By~4~ B~ ~ . or ' Richard Clemmer, President By LLW-~ City Administrator B~Pf Ci lerk STATE OF MINESOTA COUNTY OF SCOTT The foregoing instrument was acknowledged before me this )~ day of ~~ ' 2065'by John Schmitt, Mayor; Mark McNeill, City Administrator and Judi . Cox, City Clerk of the City of Shakopee, Minnesota, on behalf of said City. This instrument was drafted by: a ~ Bradley & Guzzetta, LLC . 444 Cedar Street, Suite 950 ' "....., . St. Paul, MN 55101 651~379-0900 32 City of Shakopee -Contract 2006 - 2011 Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Wasre ATTACHEMENT #1- PRICE Dick's Sanita Contract Prices 2006 - 2011** Hauler Bills, City Processing, No Containers. Year 1 Size Refuse** Re~ycling Total Yard Waste'" 30 gallon $8.33 $3.57 $11.90 $1.25 60 Gallon $10.32 $4.43 $14.75 $1.25 90 Gallon $11.95 $5.00 $16.95 $1.25 own Home - 30 G & 60 G $6.25 $3.00 $9.25 $1.25 own Home - 90 Gallon $7.25 $3.11 $10.36 $1.25 Hauler Bills, City Pro.eessing, No Containers - Year 2 Size . Refuse"'* . Recycling Total Yard Waste'" 30 gallon $8.33 $3.57 $11.90 $1.25 60 Gallon $10.32 $4.43 I $14.75 $1.25 90 Gallon $11.95 $5.00 $16.95 $1.25 Town Home - 30 G & 60 G $6.25 $3.00 $9.25 $1.25 own Home - 90 Gallon $7.25 $3.11 $10.36 $1;25 Hauler Bills, City Processing, No Containers. Year 3 Size Refuse""" Recycling Total Yard Waste'" 30 gallon $8.60 $3.68 $12.28 $1.25 60 Gallon $10.65 $4.57 $15.22 $1.25 90 Gallon $12.24 $5.25 $17.49 $1.25 own Home-SOG &60 G $6.69 $2.87 $9.56 $1.25 own Home - 90 Gallon $7.50 $3.21 $10.71 $1.25 Hauler Bills, City Processing, No Containers. Year 4 Size Refuse"'* Recycling Total Yard Waste* 30 gallon $8.60 $3.68 $12.28 $1.25 60 Gailon $10.65 $4.57 $15.22 $1.25 90 Gallon $12.24 $5.25 $17.49 $1.25 own Home-3D G & 60 G $6.69 $2.87 $9.56 $1.25 own Home - 90 Gallon $7.50 $3.21 $10.71 $1.25 Hauler Bills, City Processing, No Containers. YearS Size Refuse*'" Recycling Total Yard Waste'" 30 gallon $8.87 $3.80 $12.67 $1.25 o Gallon $10.98 $4.71 $15.69 $1.25 90 Gallon $12.62 $5.41 $18.03 $1.25 Town Home- 30G &60 G $7.53 $2.33 $9.86 $1.25 own Home - 90 Gallon $7.73 $3.31 $11.04 $1.25 .. Yard Waste prices are for one 30/40 gallon biodegradable bag or container of yard waste, which will be billed to the resident directly by the Contractor. - Prices do not include the 9.75% tax on refuse. 33 .. ,. City of Shako pee -Contract 2006 . 20 II Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste i) A resident can request an additional60-gallon container for $9.80/month. 2) A one time fee of $25.00 will be charged to cleanup all moving boxes for the first and second week after the new service (move in) date. This price does not include bulk items or trash materials. 3) Residents have the option to utilize Dick's ACH auto bank program. 4) Valet service is a door side service for those residents that are 1) handicapped 2) cannot bring their refuse and recycling for $17.50/month for the duration of the contract. 5) A resident would be charged $3 .OO/additional bag or 30 gallon container for each item in addition to the normal 30,60,90 gallon refuse container. 6) If a resident fails to set out hislher refuse, recycling and/or yard waste containers/bags Dick's will provide the following service to the resident: a) First (1st) and Second (2nd) Occurrence - No Charge b) Third (3ro) Occurrence - $10.00 Charge c) Each Occurrence Thereafter: $20.00 Charge 7) Seasonal Yard Waste Program - $54.50/year for the duration of the contract. 8) Holiday Tree (Christmas Tree) - $5.00/tree for the duration ofthe contract. 34 , \ City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyclables and Yard Waste Box spring $28.00 per item Car seat $10.00 per item Extras/bulk items listing of charges ,. For the City of Shakopee Cont. Rates are per item + tax Descriotion of item(sJ Rate/unit Unit rate Crib mattress $7.50 per item Desk (roll-top) $24.00 per item Desk (steel or wood) $15.00 per item Door & frame $12.00 per item Dresser $15.00 per item Entertainment Center (full wall) $55.00 per item Entertainment Center (small) $25.00 per item Futon $22.00 per item Garage door opener $15.00 per item Garage door (aluminum) $40.00 per item Garage door (wood or steel) $75.00 per item Grill without propane tank $20.00 per item Headboard $15.00 per item Hide-a-bed $35.00 per item King chair $6.50 per item Laundry tub $10.00 per item Lawn mower (push) must be empty $16.00 per item Lawn mower (rider) must be empty $65.00 per item Loveseat $25.00 per item Mattress $28.00 per item Ottoman $10.00 per item Pallets $6.00 per Item Patio door (atrium or sliding glass style) $65.00 per item Picnic or patio table $20.00 per item Ping pong table $22.00 per item Recliner $15.00 per item Screen door $5.00 per item Sectional $40.00 per item Shower door $25.00 per item Sink $12.00 per item Snow blower $45.00 per item Swing set (aluminum) $15.00 per item Swing set (treated wood) $45.00 per item Table (large) dinette $10.00 per item Table (small) card type $5.00 per item Tire with rim $15.00 per item Tire without rim $8.00 per item Toilet $12.00 per item T.V. Stand $4.00 per item Vacuum Cleaner $5.00 per item 35 , City of Shakopee -Contract Collection, Processing and Disposal of Residential Refuse, Recyc1ables and Yard Wasre Vanity $18.00 per item Water softener $35.00 per item Waterbed mattress (empty) $18.00 per Item Dick's/Lakeville Sanitary cannot accept items such as: Televisions, computers, monitors, electronics, paints sludges, pesticides, yard waste, stumps and syringes in normal refuse collection. 36