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HomeMy WebLinkAbout10.E.1. Approval of Issuance of Request for Proposals for Organized Garbage and Recycling Contract General Business 10. E. 1. SHAKOPEE TO: Mayor and City Council FROM: Mark McNeill, City Administrator DATE: 02/05/2013 SUBJECT: Approval of Issuance of Request for Proposals for Organized Garbage and Recycling Contract (A) Action Sought Approve issuance of a Request for Proposal (RFP) for the City's organized garbage and recycling contract. Background In September, 2012, the City hired Foth Engineering (which partnered with Schaefer Consulting) to provide assistance in preparing an RFP for a renewal of the City's garbage and recycling contract. The existing contract has been extended twice and is to expire May 31, 2014. The City has been served by Dick's Sanitation since 2001. Foth drafted an RFP, which was subsequently reviewed at three separate meetings of the City's Environmental Advisory Commission. The EAC gave comprehensive and thoughtful feedback on issues in the RFP. A briefing status report was then provided to the City Council on December 4th. Using the Council - provided input, staff and the consultants modified the draft RFP, which was then reviewed and edited by the City Attorney's office. The principles and goals for the contents of the RFP are as follows: 1. It was intended to keep the RFP and proposal document as simple as possible, yet provide for "state of the art" best practices that are seen in the solid waste and recycling industry today. Two of the key components is the option to go to the "single sort" recycling system, as well as provide the option for the City (and not the hauler) to own the garbage and recycling carts. 2. It was desired to make the process as fair and transparent as possible to promote multiple, competitive, and responsive proposals. 3. There is an intent to provide clear ground rules, and stick with them throughout the RFP process. Included in that is a restriction on communications from prospective haulers to go through the City Administrator once the RFP is released, so as to provide a single point of contact for all interested proposers, and eliminate the possible individual lobbying of elected officials. 4. It is intended to promote complete proposals that are cost effective and responsive to the City's desire to provide forward - thinking environmental protection and resource conservation, which is consistent with County and State policies. Once the proposed RFP is approved by the Council, it will be made available the prospective proposers no later than February 20th. A link will be provided on the City's website, and notices of the RFP's availability will be otherwise released and published. Proposals must be submitted by March 20th. A proposal review committee made up of staff, consultants, and perhaps one other outside governmental representative will review and evaluate the proposals. In May, the committee will then report to the Council with a recommendation for the top proposal(s). (Council members wishing to examine the individual proposals will be given that opportunity in advance). The Council will be asked to authorize negotiations with the top proposal(s). If those negotiations are not successful, the committee will then move on to negotiations with the next most highly ranked proposer. It should be noted that there will be a number of considerations in the recommendation. Price will be very important, but other evaluation criteria will include: • Experience in the capacity to provide high quality service both in the actual collections and overall customer service aspect; • Positive references from other similar existing municipal customers; • Responsiveness to the RFP requirements and instructions; and • Overall environmental benefits, including innovations to continuously improve recycling and reduced emission impacts. Organic recycling collection will also be an option in the RFP. It is possible the City may phase in the organics program (through subscription) in a new contract. The desire is to provide as much flexibility in the response documents as possible, so that creative proposals may be considered. It is intended that the contract will be awarded in June, 2013. That would provide sufficient time for new trucks to be ordered by the company to whom the contract will be awarded, should those be necessary. It would also give the City time to procure what could be could be as many as 22,000 collection carts, should the City choose to go with the ownership option. Representatives of Foth and Schaefer will be in attendance at the February 5th meeting to answer questions. Recommendation I recommend that the Council authorize issuance of the RFP, and direct staff to make the final document available for public review no later than February 20th. Budget Impact The garbage and recycling contract is a contract for service paid directly by residents to the Contractor, and therefore is revenue neutral to the City. Relationship To Visioning Goal A: Keep Shakopee a safe and healthy community where residents can pursue active and quality lifesyles. Requested Action The Council should, by motion, direct staff to issue the RFP for garbage and recycling services, and futher direct that it should be made available for public access no later than February 20, 2013. Attachments: RFP Part 1 RFP Part 2 RFP Part 3 RFP Part 4 -- Appendix DRAFT Request for Proposals for e Comprehensive Residential Solid .r Waste and Recycling Services Project I.D.: 12S052 Prepared for the City of Shakopee 129 South Holmes Street Shakopee, MN 55379 952- 233 -9300 RFP Released no later than: Wednesday, February 20, 2013 [Embargoed for official release until then] Proposals due on: Wednesday, March 20, 2013 at 4:00 p.m. Prepared by: Foth Infrastructure & Environment Together with; Schaefer Consulting 9Foth ri Schaefer Consulting, LLC City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Request for Proposal Comprehensive Residential Solid Waste and Recycling Services Contents 1 INTRODUCTION AND BACKGROUND INFORMATION 2 1.1 Service Summary 2 1.2 History and Summary of Current Solid Waste and Recycling Services 3 1.3 City Goals and Objectives of this RFP 3 1.4 Background Census Information 4 1.5 Estimates of Current Households Served Under This Contract 5 1.6 Other RFP Service Level Assumptions 6 1.6.1 Refuse Tonnages 7 1.6.2 Number of Residents with "Valet" (aka "Walk -Up ") Collection Service 7 1.6.3 Number of Residents with Extended Leaves of Absence / Suspended Service (aka "Snow Birds ") 7 1.6.4 Number of Delinquent Accounts 8 1.6.5 Recyclables Tonnages 8 1.6.6 Number of Customers with Recycling Bins 8 1.6.7 Yard Waste Subscription Rates and Tonnages 8 1.6.8 Number of Overflow Bags of Yard Waste per Year; Seasonal Peaks 9 1.6.9 April Clean -Up Event and Other Special Events; 9 2 INSTRUCTIONS TO PROPOSERS 10 2.1 Summary of Instructions 10 2.2 Complete Proposals Required 10 2.3 Examination of RFP Documents 10 2.4 Restricted Communication 10 2.5 Proposals Held Confidential 11 2.6 Preparation and Submission of Proposals 11 2.7 Pre - Proposal Meeting 12 2.8 Written Questions May be Emailed to the City 12 2.9 City Responses to Questions; RFP Addenda 12 2.10 Alternate Proposals 12 2.11 Late Proposals Will Be Rejected 13 2.12 Proposal Bond 13 2.13 Withdrawal of Proposals 13 2.14 Minimum Qualifications of Responsive Proposers 13 2.15 Contract Period/Renewals 13 2.16 Proposal Evaluation Criteria 14 2.17 Proposers May Inspect City Routes and Facilities 14 2.18 Amendments to the Scope of Services 14 2.19 Review Committee 14 2.20 Contract Negotiations 15 2.21 Cost of Proposal Preparation and Negotiation 15 2.22 City Inspections of Proposers Trucks and Proposed Facilities 15 2.23 The City is Providing Best Available Information in this RFP 15 X: \MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 2.24 Proposals May be Rejected in Whole or Part 16 2.25 Proposers May Team with Other Companies 16 3 SCOPE OF SERVICE 17 3.1 Refuse Collection, Processing and Disposal 17 3.2 Recyclables Collection, Processing and Marketing 18 3.3 Refuse and Recycling Carts Ownership and Management 19 3.3.1 City -Owned Carts (Option #1) 19 3.3.2 Contractor -Owned Carts (Option #2) 20 3.3.3 Cart Transition Plan Required 20 3.3.4 RFID Chips as an Option; Not Required 20 3.4 Yard Waste Collection and Composting 20 3.5 Organic Waste Collection Plan 21 3.6 Extended Leave / Suspended Collections (aka "Snow Bird" Policy) 21 3.7 Other Residents May "Opt In" to City Contracted Service 22 3.8 Bulky Items and Other Special Collections 22 3.9 Refuse and Recyclables Collections from City Buildings and Park Facilities 22 3.9.1 City vs. Contractor Ownership of Recycling Carts Servicing City Facilities 23 3.10 Cardboard Dumpster at City's Public Works Garage 23 3.11 Collections from April Clean -up Day and Other Special Events 24 3.11.1 April Clean -Up 24 3.11.2 Other Special Events 24 3.11.3 Clean -Up Day and Other Special Events Shall be Billed Separately 24 3.12 Public Education 24 3.12.1 Contractor Public Education Tools (Required Minimums) 24 3.12.2 City Public Education Activities 25 3.12.3 Other Contractor - Provided Public Education Tools (Optional) 25 3.12.4 The City Shall Approve All Public Education Materials 26 3.13 Customer Service and Communications 26 3.14 Annual Report 26 4 PAYMENT TERMS 28 4.1 Delinquent Accounts 28 4.2 Proposed Price Elements 29 4.3 PAYT Increments in Disposal Costs 29 4.4 Tipping Fee Disposal Costs Shall be Itemized Separately 30 4.5 CPI Price Adjustment on the Non -Fuel Portion of the BCF 30 4.6 Fuel Adjustments on the Fuel Portion of the BCF 30 5 RECYCLABLES REVENUE SHARING 33 5.1 Revenue Sharing - RFP- Specified Formula 33 5.2 Revenue Sharing Changes Based on Material Composition 35 5.3 Revenue Sharing Payments and Quarterly Reports 35 6 INSURANCE AND OTHER LEGAL REQUIREMENTS 36 6.1 Anti - Discrimination 36 6.2 Certificate of Non - Barred Proposing 36 6.3 Data Practices Act 36 6.4 Record Keeping / Audits 37 7 PROPOSAL CONTENT 38 7.1 Qualifications Section 38 ii X: \MS \IE\2012 \125052 -00 \10300 Draft Reports \RFP Draft 1- 31- 2013 docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 7.1.1 General Management 38 7.1.2 Financial Stability and Strength 38 7.1.3 Refuse and Recyclables Collection Experience 39 7.2 Overview of Services 39 7.2.1 Collection Proposal 39 7.2.2 Equipment and Route Description 39 7.2.3 Road Weight Restrictions 40 7.2.4 Cart Management and Administration 40 7.2.5 Public Education Plan 40 7.2.6 Management Plan 40 7.2.7 Clean -up Day Plan and Other Special Events 40 7.3 Safety Plan Required 41 7.4 Pollution Reduction and Environmentally Sustainability Plan Required 41 7.5 Price Proposals 41 PROPOSAL FORMS 42 Form A: Proposal Content Checklist Form B: Proposer Information Questionnaire Form C: Certification of Binding Signature Form D: Certification of Independent Proposal Pricing Form E: Price Worksheet Form F: Proposed Prices for Special Collection of Bulky Item Categories Form G: Itemized Listing of Trucks and Other Collection Equipment Form H: Acknowledgement of Receipt of Addenda Tables Table 1 -1 Housing Units per Structure as per U.S. Census (a) 5 Table 1 -2 Estimated Cart Counts by Type and Level of Service as per Contract (a) 6 Table 1 -3 Tonnages of Refuse Collected in 2012 7 Table 1 -4 Tonnages of Recyclables Collected in 2012 8 Table 1 -5 Tonnages of Yard Waste Collected in 2012 9 Table 5 -1 Revenue Share Example 35 Attachments ATTACHMENT A: TEMPLATE CONTRACT SPECIFICATIONS X:\MS \IE\2012 \ 125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx in Request for Proposal Comprehensive Residential Solid Waste and Recycling Services SUMMARY Request for Proposals (RFP) (a) The City of Shakopee, Minnesota is soliciting sealed proposals for the: Comprehensive Residential Solid Waste and Recycling Services RFP contents are inclusive: (a) Full contents of this RFP includes all attachments incorporated into this RFP by reference. Attachment A is the "Draft Service Agreement: Template Contract Specifications" and is integral to this RFP. Responders must review and familiarize themselves with the full RFP packet including all attachments and any addenda issued. Issue and receiving office: City of Shakopee, City Administrator City Hall 129 South Holmes Street Shakopee, MN 55379 Sole City contact person for all RFP communications: Mark McNeill, City Administrator MMcNeill @ci.Shakopee.mn.us (952) 233 -9311 http: / /www.ci.shakopee.mn.us /garbage- recyclingRFP.cfm RFP Time Schedule (b) RFP released: February 8, 2013 Pre - proposal meeting: March 6, 2013; 9:30 a.m. Proposals due March 20, 2013; 4:00 p.m. (b) RFP Time Schedule is subject to change. Please continue to monitor the City's RFP web page at http://www.ci.shakopee.mn.usigarbage-recyclingRFP.cfm for schedule updates or other instruction amendments. X: \MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 1 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 1 INTRODUCTION AND BACKGROUND INFORMATION 1.1 Service Summary The City of Shakopee is seeking proposals from qualified companies to provide a comprehensive set of residential solid waste and recycling services. Generally, the residential curbside / alley side collections are from single family housing units up through triplex buildings. Additional exceptions include other properties which receive individual, curbside (or alley side) pickup within the designated City service area. By ordinance, all residential properties below fourplex within the City's sewered service area are required to use City — contracted refuse service. The list of Contract services include, but are not limited to: • City -wide, weekly refuse collection and disposal services. ♦ City -wide, every other week recyclable collection, processing and marketing services under a single- stream system. ♦ Subscription, weekly yard waste collection and delivery to composting on a seasonal basis. ♦ A Contractor plan for subscription organic waste (such as food waste) collection and delivery for composting. This RFP requires the Contractor to submit an organic waste collection plan to the City by the end of 2014. This is a new technology and service and may not start collection operations until approximately 2015. ♦ Subscription "on- call" bulky item collection, processing and marketing or disposal services. This may include other "on- call" special collections of other problem materials. ♦ Refuse and recyclables removal services from designated City buildings and park facilities. • Refuse and recyclables removal services from specified City Clean -Up Day. ♦ Public education services from the Contractor. This RFP allows Proposers to submit proposals for refuse and recycling carts to be owned by the Contractor or owned by the City. The City will make its decision as to which cart ownership option to select based in part on evaluation of the proposals submitted. The "city- wide" services (i.e., refuse and recyclables) mean that regularly scheduled collections are provided to every residence that sets out refuse or recyclable materials as specified in this request for proposals (RFP). All City residents covered by the Contract are required to pay for these services. The "subscription" services (i.e., yard waste, potential organic waste collection, and bulky items) mean that these collections shall be made available to every City property, but provided to only those households that sign -up with the Contractor and voluntarily pay the extra fees specified in the Contract for these additional services. It is understood that Proposers may arrange for 2 — Form B X:\MS\IE\20I2 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services transfer, processing, marketing and disposal services through other companies and facilities not owned or operated by the proposing company. Proposals must specify the destination for each type of material. The Contractor shall be responsible for billing Shakopee residents directly. The final Service Agreement (Contract) shall govern the terms and conditions of unit pricing, billing procedures, and other customer service administration based on the successful proposal. The new Contract shall commence operations on June 1, 2014 and continue through May 31, 2019, unless extended under the terms of this Contract for such extensions. All services (except the new organic waste collection service) shall begin on June 1, 2014. Attachment A to this RFP is the Draft Service Agreement: Template Contract Specifications and is incorporated into this RFP by reference. All tentative details of the Contractor's scope of services are included in this attached draft Service Agreement 1.2 History and Summary of Current Solid Waste and Recycling Services The City of Shakopee has had an organized residential refuse and recycling collection program for over 20 years. A single Contractor provides residential garbage, bulk item pickup, yard waste and recycling services for the eligible City residents. City Code (Sec. 3.15, Sub. 3) requires all single family dwellings, duplexes, triplexes and all other residential units that receive individual curbside pickup of refuse and have municipal water and sewer service to have refuse service from the City's Contractor. Residents are billed by the Contractor quarterly for these services as per the terms of the contract. Proposers should view the City's "Garabage and Recycling 2013 RFP" web page (URL: http:/ /www.ci.shakopee.mn.us /garbage- recyclingRFP.cfm) for more detailed information about the City's current program. Recycling is currently a "dual- stream" system requiring residents to separate recyclables all paper materials (such as newspapers, magazines, etc.) from rigid containers (cans, bottles and plastic bottles). The City's Contractor must keep these two (2) streams of recyclable materials separate during collection and marketing operations. 1.3 City Goals and Objectives of this RFP The City intends to maintain its basic organized collection structure for contracting solid waste and recycling services. Advances in technology and government policies suggest that the City can modernize the services to Shakopee residents such that the scope and specifications for these services need to significantly change. This RFP has been released to solicit competitive proposals leading to a new Contract for a comprehensive set of solid waste and recycling services with operations beginning on June 1, 2014. The City would like to change to a "single- stream" recycling system from the current "dual - stream" system. Such a change would use single- stream rolling carts and may require new X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 3 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services trucks by the Contractor. The City's final decision about making this change to single - stream recycling will be dependent on the proposals received in response to this RFP. Beyond consideration of a change to single- stream recycling, there are additional services that the City may consider such as organic waste (e.g., separated food waste) collection. Single - stream recycling should be implemented first. But if feasible, separate organic waste should also be implemented at a later phase of this new Contract term. The City recognizes there are many collection methods, new technologies and composting facilities available today for separated residential organic waste. The City has made no decisions yet about the specific method of collecting separated organic waste. Continued planning for separate organic waste collection will be partially dependent on the proposals received in response to this RFP. Single- stream recycling and source separated organic waste collection services are typically provided using automated trucks and rolling storage carts. The City recognizes that the carts have value beyond the end of a typical five -year collection contract and the City is considering an option for the City to own the carts. The City's decision to own the refuse and recycling carts in the future will be dependent on the details of the proposals received in response to this RFP. At this time, the City does not plan on purchasing either yard waste and/or organics carts. Many other improvements to the current operations are specified in this RFP and attached Service Agreement (Contract) template (Attachment A). For example, the City has expanded the list of City buildings and park facilities that will receive refuse and recyclables collection services under this new Contract. Other changes are also specified. Proposers should read the entire RFP, including Attachment A, to understand all service specifications and Contract requirements. 1.4 Background Census Information The City of Shakopee is a growing metropolitan community. As of the 2010 U.S. Census, there were 37,076 people and 12,772 households residing in the city. The average household size was 2.83 persons per household. The City is approximately 29 square miles in area with 110 miles of streets and 10.5 miles of alleys. Table 1 below displays the U.S. Census - reported data on the distribution of the number of housing units by number of housing units per structure. This data provides an approximate description of total housing characteristics in the City, including a rough estimate of the larger apartment buildings that are not served under this residential solid waste and recycling program Contract. 4 — Form B X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Table 1 -1 Housing Units per Structure as per U.S. Census (a) (Source: U.S. Census and the 2007 -2011 American Community Survey 5 -Year Estimates) Number of Housing Units per Structure Number Percent 1 -unit, detached 7,487 56% 1 -unit, attached 3,710 28% 2 units 139 1% 3or4units 141 1% Subtotal of 1 to 4 units = 11,477 86% 5to9units 217 2% 10 to 19 units 153 1% 20 or more units 1,425 11% Mobile home 43 0.3% Boat, RV, van, etc. 0 0% Total 13,315 100% (a) These are U.S. Census Bureau estimates only and do NOT represent an estimate of the number of households served under the Contract. These are estimates derived from the U.S. Census Bureau's American Community Survey (ACS). These estimates of housing units reflect boundaries of urban areas defined based on Census 2000 data. Boundaries for urban areas have not been updated since Census 2000. As a result, data for urban and rural areas from the ACS do not necessarily reflect the results of ongoing urbanization. Also, the ACS is a statistical survey based on representative sampling and is not a universal census of all housing units. 1.5 Estimates of Current Households Served Under This Contract By ordinance, all residential properties below fourplex within the City's sewered service area are required to use City — contracted refuse service. Table 2 below displays the current estimate of cart counts by size of refuse cart and the current estimated number of subscribers to the separate yard waste service. These are best available estimates only and the City makes no guarantee of the number of residents to be served. Semi - annual field audits will be required to be submitted by the Contractor to verify the current number of residents served. Proposers shall specify the proposed methods and schedules to audit and verify active customer counts by service type (refuse, recycling, yard waste, organic waste, etc.). Last year, the City of Shakopee generated approximately 9,162 tons of refuse. Approximately 475 overflow bags of refuse are collected each month. Residents produced approximately 1,689 tons of yard waste. In addition to the yard waste in carts, approximately 1,500 to 2,000 bags per month of overflow bags of yard waste is collected during the yard waste season. Residents are billed directly by the Contractor for any compostable yard waste bags. X:\MS \IE\2012 \125052 - \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 5 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services The Contractor is obligated to pick up and dispose of ALL eligible materials during the contract term at the Contract price regardless of volume generated. The City is divided into five (5) sectors, Monday — Friday, one (1) for each day of the week. (See sector map and schedule in the Attachment A — Draft Service Agreement: Appendix A — "Maps, Curbside and Alley collection, of Refuse/Recycling Collection Sectors and Schedule ") Table 1 -2 Estimated Cart Counts by Type and Level of Service as per Contract (a) (Source: Current Contractor) Regular Residential Cart Size Households Townhomes TOTAL Refuse Service: 35- gallon 827 5 832 65- gallon 4,481 2,657 7,138 95- Gallon 1,944 604 2,548 Refuse Service Subtotal 7,252 3,266 10,518 Yard Waste Service (subscription): 95- Gallon 1,744 Yard Waste Service Subtotal 1,744 (a) These are estimates only. The City makes no guarantee of the amount of residential or townhome customers. Other residential units outside of the City's sewer service area (also known as the Metropolitan Urban Service Area, or within the "MUSA" line), are allowed to "opt in" to the City's contracted refuse service. There are presently about 750 housing units that are primarily single family detached dwelling units, triplex or smaller, outside of the MUSA line that could potentially be serviced if these residents elected to "opt in" or if the City expands its MUSA line. 1.6 Other RFP Service Level Assumptions Proposers shall use the following additional assumptions in estimating service levels for purposes of estimating efforts in collection operations. These are best available estimates only and do not represent any form of guarantee of minimum service levels. 6 — Form B X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services These same assumptions will be used by the City to estimate total costs per year and over the five -year life of the Contract (without any projected annual increases or decreases) for each responsive proposal. All proposals will be evaluated using the same assumptions. Prospective Proposers should carefully review all service level assumptions listed in this RFP, including the refuse cart counts listed in Section 1.5, "Estimates of Current Households Served Under This Contract ". Questions, clarifications and suggested adjustments to these assumptions are welcomed by the City at the pre - proposal meeting on March 6, 2013 or via email up through March 4, 2013. 1.6.1 Refuse Tonnages Table 1 -3 displays the most recent estimate of refuse tonnages collected (year -to -date through mid - December 2012). Table 1 -3 Tonnages of Refuse Collected in 2012 (Year to date through mid - December 2012) Tonnage Month 729.83 January Total 618.37 February Total 740.65 March Total 765.42 April Total 853.51 May Total 873.56 June Total 777.37 July Total 915.28 August Total 744.27 September Total 786.45 October Total 868.83 November Total 488.67 December Subtotal 9,161.88 Grand Total 1.6.2 Number of Residents with "Valet" (aka "Walk -Up ") Collection Service Approximately 56 residents receive Walk -Up (Valet) service under the current contract. 1.6.3 Number of Residents with Extended Leaves of Absence / Suspended Service (aka "Snow Birds ") Approximately 40 to 50 residents per year go on extended vacations (aka "snow birds ") such that their refuse and recycling services are temporarily suspended and billing is put on hold. X: \MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 7 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 1.6.4 Number of Delinquent Accounts The City and its current Contractor process about 300 past due accounts once a year. About 200 of these accounts pay their refuse bill balance at the beginning of the City's assessment and hearing process. Thus, only about 100 accounts do not pay each year, are officially defined as "delinquent accounts ", and are assessed through the property tax statements corresponding to the offending property. 1.6.5 Recyclables Tonnages Table 1 -4 displays the most recent estimate of recyclables tonnages collected (year -to -date through mid - December for 2012). Table 1 -4 Tonnages of Recyclables Collected in 2012 (Year to date through mid - December) Tonnage Month 185.71 January Total 156.11 February Total 185.00 March Total 174.97 April Total 190.36 May Total 192.24 June Total 174.95 July Total 196.28 August Total 169.08 September Total 189.24 October Total 196.52 November Total 130.89 December Subtotal 2,141.35 Grand Total 1.6.6 Number of Customers with Recycling Bins Approximately 80% of residents served under the contract have one (1) recycling bin, about 19% have two (2) bins, and 1% has more than two (2) recycling bins. 1.6.7 Yard Waste Subscription Rates and Tonnages Table 1 -5 displays the most recent estimate of yard waste tonnages collected (year -to -date, April through November, 2012). 8 — Form B X:\MS \IE\2012 \128052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Table 1 -5 Tonnages of Yard Waste Collected in 2012 (Year to date, April through November 2012) Tonnage Month 139.11 April Total 213.27 May Total 125.57 June Total 141.45 July Total 183.36 August Total 241.36 September Total 424.73 October Total 220.53 November Total 1,689.38 Grand Total 1.6.8 Number of Overflow Bags of Yard Waste per Year; Seasonal Peaks The number of overflow bags of yard waste is highly seasonal with the most number set -out by residents during the peak leaf - raking season (i.e., mid to late October). Throughout the season, the number of "on call" or overflow bags averages around 1,500 to 2,000 bags of yard waste per month. 1.6.9 April Clean -Up Event and Other Special Events; A single City- sponsored clean -up event is scheduled each year in the spring, typically on the fourth Saturday in April. This clean -up event lasts about four (4) hours (which is the time open to the public) at the City's Public Works garage. The Contractor will need to provide equipment such as rear loaders, roll off trucks, roll off dumpsters and manpower for the event. The Contractor is responsible for the collection and disposal of refuse, recycling, yard waste, and bulk items like furniture and mattresses. Currently, the City contracts with a vendor to dispose of electronics and tires. Also, the City participates in other special events each year (e.g., "Derby Days ", which is held the first full weekend in August). Although the typical services required of the Contractor in the past has been for recyclables and refuse collection, the City may wish to consider adding organic waste collections in the future to these other special events. X: \MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 9 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 2 INSTRUCTIONS TO PROPOSERS 2.1 Summary of Instructions The deadline for submitting proposals is Wednesday, March 20, 2013 at 4:00 p.m. Seven (7) hard copies of each proposal must be submitted. Envelopes or boxes shall be marked & sealed per the instructions to proposers below. A CD -ROM disk containing an electronic copy of the proposal must be included with the written proposal. At the discretion of the Proposers, proposals may also be emailed, but hard copies are still required. Facsimile (i.e., "fax ") proposals will not be accepted. 2.2 Complete Proposals Required Prospective Proposers are invited to submit a proposal for these services. Specifications, terms, conditions and instructions for submitting proposals are contained in this RFP. This RFP together with any addenda and the Contractor's proposal(s) shall be referenced and incorporated into the final Service Agreement (Contract). If there is any discrepancy between the Contract and the RFP or proposal, the Contract shall take precedence and prevail. All responsive Proposers shall submit a complete proposal by submitting all information required within this RFP. Failure to submit a complete proposal may result in the City rejecting that incomplete proposal as non - responsive. The proposal documents (and CD ROM with an electronic copy) shall be submitted in its entirety, in a properly identified and sealed envelope or box to the City Administrator's office. Proposals must be received before the deadline for submitting proposals - late proposals will not be considered. 2.3 Examination of RFP Documents Before submitting a proposal, all Proposers shall carefully examine the specifications in this RFP including the Service Agreement (Contract) template (Attachment A to this RFP), and shall fully inform themselves as to all definitions, specifications and limitations of the Contract scope of services. The Proposers shall indicate in their proposals on the required proposal forms their proposed prices to cover the costs of all services included in this RFP. Proposers must certify that they agree and accept all requirements within this RFP including the Service Agreement. Any exceptions to the Service Agreement must be noted in Proposal and changes highlighted in redline (M.S. Word "track changes ") form. 2.4 Restricted Communication The City intends to provide equal and consistent communications to all prospective Proposers throughout this RFP process. Therefore, it is critical that all communications about this RFP 10 — Form B X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services after its release and up through final execution of the new contract be restricted to go through the City's designated contact person: Mark McNeill, City Administrator MMcNeill @ci.Shakopee.mn.us (952) 233 -9311 http: / /www.ci.shakopee.mn.us /garbage - recyclingRFP.cfm 2.5 Proposals Held Confidential Immediately after the deadline for proposals to be submitted, only the company names of Proposers submitting Proposals will be made public consistent with the Minnesota Government Data Practices Act (M.S. 13.591, subd. 3(b)). All proposal documents shall be held as confidential until a new, final Contract is fully executed. If a Proposer wants the City to consider a portion of its proposal as confidential (e.g., trade secret or proprietary data) pursuant to the Minnesota Government Data Practices Act, these sections of their proposal must be submitted within a separate envelope and cover letter explaining the reason for the request. The City will review any such request and make a final judgment on whether these sections shall be held by the City as confidential per the Minnesota Government Data Practices Act. Requesting that all or substantially all of the proposal be deemed confidential may result in the proposal being considered non - responsive by the City. 2.6 Preparation and Submission of Proposals Proposals shall be legibly prepared in both electronic and hard copy format. Proposals shall be legally signed and the complete address of the Proposer given thereon. Seven (7) hard copies of each proposal must be delivered to the City at: City of Shakopee, City Administrator City Hall 129 South Holmes Street Shakopee, MN 55379 Seven (7) hard copies of the Proposal packets must also be submitted by that same deadline. All copies must be submitted in sealed envelopes or boxes and plainly marked with the project name: "Proposal for Solid Waste and Recycling Services in Response to the City's RFP ". The City Administrator's office will maintain confidentiality of the contents. The Proposal packets must also include a CD -ROM disk with the proposal in a Microsoft Office (M.S.) format like Micro Soft Word and Microsoft Excel. PDF and/or other encrypted electronic formats will not be accepted. X:\MS \IE\2012 \ 125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 11 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services At the discretion of each Proposer, proposals may also be emailed to Mark McNeill, City Administrator, at MMcNeill @ci.shakopee.mn.us if received by the proposal deadline of Wednesday, March 20, 2013 at 4:00 p.m. But hard copies are still required in any case. Facsimile (i.e., "fax ") proposals will not be accepted. 2.7 Pre - Proposal Meeting A pre - proposal meeting is scheduled for Wednesday, March 6, 2013 at 9:30 a.m. in the City Council Chambers, 1st Floor City Hall, 129 South Holmes Street, Shakopee, MN. Attendance at the pre - proposal meeting is not required but is strongly encouraged by the City to help Proposers familiarize themselves with the scope and magnitude of the Contract and to discuss any omissions or pending corrections in the specifications. Proposers are also encouraged to get clarification from City staff at this pre - proposal meeting for unclear items. 2.8 Written Questions May be Emailed to the City Proposers may email written questions to City Administrator, Mark McNeill, (MMcNeill @ci.Shakopee.mn.us) up until 4:00 p.m. Monday, March 4, 2013. The City will send out written answers to all emailed questions received by this deadline. 2.9 City Responses to Questions; RFP Addenda Questions received and responses provided by City staff will be provided, in writing, to all Proposers attending the pre - proposal meeting. Substantive clarifications, additions or deletions in the specifications packet will be issued in RFP addendum format. Proposers will be required to include or reference addenda for the project to verify that they are aware of the change in scope or other amendments to the RFP. The City will also post all responses to questions and any addenda on the City's web page at: http://www.ci.shakopee.mn.us/garbage-recyclingRFP.cfm 2.10 Alternate Proposals This RFP, together with the draft Service Agreement (Attachment A), provide the template for the base Contract scenario definitions, conditions and scope of service specifications. These base Contract requirements indicate the City's preferred scope of services. Alternate proposals may be considered by the City if they are clearly marked as "Alternate Proposals" and any changes from the base scenario Contract requirements clearly summarized and itemized. Proposals that alter the base Contract requirements without so marking it as an "Alternate Proposal" may be rejected by the City. 12 — Form B X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Proposers are encouraged to submit a proposal under the City's preferred base scenario specifications to be more fully responsive to this RFP. Proposers may submit two (2) or more alternate proposals as long as they are marked accordingly and clearly described as such. 2.11 Late Proposals Will Be Rejected Any proposal received at the office designated herein after the exact time specified for receipt, may be rejected and not considered responsive. 2.12 Proposal Bond A proposal bond in the amount of $5,000 payable to the City of Shakopee shall accompany each proposal. At the option of the Proposer, the proposal bond may be in the form of: a cashier's check, a certified check, or a proposal bond secured by a guarantee of a surety company. Any proposal bond must be valid for a period of 90 days from the proposal's submission date and must be renewable at the election of the City. No proposal shall be considered unless accompanied by the required proposal bond. In the event the successful Proposer withdraws its proposal after the proposal opening, or otherwise fails to execute the Contract, the proposal bond shall be forfeited to the City as liquidated damages. 2.13 Withdrawal of Proposals Proposals may be withdrawn in person or by an authorized representative without forfeit of the Proposer's proposal bond, provided their identity is made known and a receipt is signed for the proposal, but only if the withdrawal is made prior to the exact time set for receipt of proposals. Any proposal may be withdrawn after proposal opening, but Proposers withdrawing after this date may be required to forfeit their proposal bond. 2.14 Minimum Qualifications of Responsive Proposers Proposals will only be considered and reviewed from companies that are engaged in the providing solid waste and recycling services comparable to those described in this RFP packet. Proposers should have solid waste / recycling contracts with at least one (1) city or township that provide similar scope of services. A minimum of three (3) references of current customers is required, at least one (1) of which should be a city or township where the Proposer is currently (or recently) under contract. 2.15 Contract Period /Renewals The term of the Contract shall be for a base period of five (5) years commencing operations on June 1, 2014 and expiring on May 31, 2019. The actual Contract may be executed earlier to allow for any required transition planning, but operations will not begin until June 1, 2014. The City may opt to renew this contract for up to two (2), two -year periods under similar terms, conditions and price schedules as per the base period Contract. X:\MS\IE\2012 \12S052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 13 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 2.16 Proposal Evaluation Criteria The City Council will determine, in its sole discretion, considering various factors such as (without limitation) those set forth below, which Proposer shall be awarded the Contract. The following criteria will be used to evaluate proposals: • Price schedules (Estimated total costs over the five - year base Contract period.) ♦ Experience and capacity (Demonstrated capability, including the company's financial condition.) ♦ References • Thoroughness and responsiveness to this RFP (Demonstrated understanding of the City's needs, goals, objectives and service specifications and quality standards.) • Overall environmental benefits (Specific operations proposed and overall company approach and philosophy to environmental protection and natural resource conservation.) No one (1), single criterion will be determinative of the best proposal, and the foregoing list is not exhaustive. All responsive proposals will be reviewed and compared with competing proposals in order for the City Council to determine, in its sole discretion, which proposal is in the best interests of the public. 2.17 Proposers May Inspect City Routes and Facilities Prospective proposers are encouraged to tour the City's residential routes and the specified City buildings and City parks to become familiar with the solid waste and recycling collection work described in this RFP packet. 2.18 Amendments to the Scope of Services The City may, at its own discretion, add services to or delete services from the scope of work described in this RFP packet. The City will notify prospective Proposers of any such amendments by issuing an addendum to this RFP. Prospective Proposers that attend the pre - proposal meeting (see Section 2.7, "Pre- Proposal Meeting ", above) will be automatically notified of any such RFP addenda. 2.19 Review Committee The City will form a proposal review committee, to review and analyze the details of the qualified submitted proposals, and to make a recommendation to the City Council. The City Council retains the sole discretion to determine which Proposer shall be awarded the Contract. 14 — Form B X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 2.20 Contract Negotiations City staff may negotiate with the top ranked Proposer as authorized by City Council for purposes of finalizing a Contract based on this RFP and the draft Service Agreement (Attachment A). If negotiations with the top- ranked Proposer are not successful, the City staff may then initiate negotiations with second ranked Proposer, and so on. The City reserves the right to negotiate specific work elements with a Proposer into a Contract. The City reserves the right to modify the draft Service Agreement (Attachment A) based upon negotiation or the requirements of applicable law. 2.21 Cost of Proposal Preparation and Negotiation Proposers shall participate in this RFP procurement process at their own expense, including (but not limited to) preparation of the required proposal materials. Also, Proposers shall not make any claims whatsoever for reimbursement from City for the cost, expenses, or damages that may be associated with this process. The City accepts no liability for costs and expenses incurred by the Proposer in connection with this RFP, subsequent interviews, negotiations, and Contract execution. The City reserves the right to terminate these RFP procurement proceedings at any time. 2.22 City Inspections of Proposers Trucks and Proposed Facilities All proposed services, trucks and facilities of the Proposer(s) with whom negotiations are proceeding are subject to inspection, approval, and acceptance by the City, both during the procurement process and after the execution of a Contract with the successful Proposer. The City will give reasonable notice of such inspections. Proposers will not be responsible for normal City inspection costs. 2.23 The City is Providing Best Available Information in this RFP Throughout this RFP, the City and its advisors have exerted their best efforts to present information and data applicable to this project that are as current and as accurate as possible. The City is providing the information contained herein as a courtesy to the Proposers. It is the Proposer's responsibility to use and verify this information during the proposal, negotiation, and project - information periods. Best efforts have been made to provide accurate information. However, the City and its advisors make no guarantees or warranties that the information contained in this RFP or referenced documents are accurate and complete. All summaries of laws and documents do not purport to be complete, and proposers are referred to each such law and documents for a full and complete statement of relevant provisions. In the event any of the summaries in the text are inaccurate, the provisions of the actual laws and documents shall be controlling. The City and advisors are not and shall not be liable for omissions or errors contained in the RFP, and submittal of a proposal by a Proposer shall serve as the proposer's verification and acknowledgement of the City's lack of liability. X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 15 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 2.24 Proposals May be Rejected in Whole or Part The City retains all of its rights throughout this RFP and contracting process. This includes, but is not limited to, the right to: ♦ Reject any or all proposals. ♦ Reject all proposals and issue a revised, new RFP. ♦ Reject parts of proposals. ♦ Negotiate modifications of proposals submitted for purposes of finalizing and executing a Contract. ♦ Accept part or all of the proposals on the basis of consideration(s) other than cost or proposed rates. ♦ Negotiate with Proposers to obtain best and final offers. ♦ Terminate these RFP procurement proceedings at any time. 2.25 Proposers May Team with Other Companies Proposers may subcontract with other companies. This is allowed as needed, but all such primary contractor /subcontractor relationships must be explicitly described in each proposal. If one (1) or more subcontractors are proposed, the subcontractor must be explicitly included in the proposal when it is submitted to City. Any change in subcontractors after the proposal submission date must be approved by the City. If a company chooses to submit a Team proposal with another company, they may not respond to this RFP individually. If a Team is awarded the Contract, there must be a single, prime Contractor identified as the point of contact for the City. It shall be the responsibility of the prime Contractor to assure that its subcontractor(s) complies with all City Contract requirements and any and all applicable laws, rules and guidelines. The City has no oversight responsibility, liability or obligation directly to any subcontractor. 16 — Form B X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 3 SCOPE OF SERVICE This section of the RFP summarizes the scope of services and the City's intent for system changes and briefly discusses any options allowed. The detailed scope of services is more fully described in Attachment A — "Draft Service Agreement: Template Contract Specifications" and itemizes the City's preferred scenario of operating details. 3.1 Refuse Collection, Processing and Disposal Refuse collection operations under the new Contract should be very similar to the current system. Refuse collection and disposal system requirements include (but are not limited to): ♦ Weekly collection from 30- gallon, 60- gallon, or 90- gallon wheeled refuse carts. The color and labeling of the refuse carts must distinguish them from the recycling carts, organic waste carts, and yard waste carts. ♦ Refuse trucks equipped with fully automated lifting mechanisms are preferred but not required by this RFP. ♦ Residents may set out extra "overflow" bags of refuse if they do not fit into the resident's refuse cart (with the lid fully closed). Proposers must itemize their proposed extra disposal and collection prices for each "overflow" bag of refuse. ♦ Proposers shall propose graduated rates for refuse disposal costs for the 30- gallon, 60- gallon, or 90- gallon cart sizes. ♦ In general, refuse shall be collected curbside, with some alley side collection on selected streets. Spring road weight restrictions require some of the households to be served alley side to seasonally switch to curbside during these spring months. It is the responsibility of the Contractor to properly educate residents of the dates of the switch from alley to curbside collection as well as the switch back to alley collection. ♦ Pursuant to Minnesota State Statutes and County policies, the Contractor must arrange for delivery of refuse collected under this new Contract to be delivered to a mixed MSW resource recovery facility and must not be purposefully sent directly for disposal to a landfill. This RFP requires Proposers to document their planned arrangements for such refuse processing, either through a transfer station or direct to a mixed MSW resource recovery facility. Proposals must include written certification that adequate processing capacity has been secured with current 2013 and forecasted 2014 tipping fees explicitly listed. ♦ This RFP requires disposal costs to be explicitly itemized separate from collection fees. Future changes in refuse disposal tipping fees at the designated resource recovery facility and/or transfer station will be the basis for any annual adjustments to the Contracted refuse disposal costs. ♦ This RFP requires that residential refuse collected from Shakopee under this Contract will be kept separate from other materials. Shakopee loads of residential refuse shall be X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 17 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services weighed on designated truck scales and weights reported to the City. The Contractor shall retain truck scale weight tickets for City inspection upon request. ♦ Refuse carts may either be owned by the Contractor or the City under the new Contract, depending on proposals submitted and the City's subsequent decisions. (See RFP Section 3.3, "Refuse and Recycling Carts Ownership and Management" for more details on this option.) ♦ Proposers should provide a specific list of resident instructions for preparing and setting out refuse carts and overflow refuse bags. ♦ Proposers must clearly summarize their customer service plans, including lines of communication with City residents and City staff. 3.2 Recyclables Collection, Processing and Marketing The City intends to change its recycling program to a "single- stream" program under the new Contract starting operations on June 1, 2014. This base scenario, "single- stream" recyclables collection and processing system requirements include (but are not limited to): ♦ Every other week ( "EOW ") recyclables collection from a 90- gallon wheeled recycling carts. The color and labeling of the recycling carts must distinguish them from the refuse carts, organic waste carts and yard waste carts. ♦ Recycling trucks equipped with fully automated lifting mechanisms are preferred but not required by this RFP. ♦ A more complete list of recyclables including the following new materials: all rigid plastic containers made from plastic resin types #1 through #7; old boxboard; and aseptic cartons (e.g., milk cartons and juice boxes). ♦ A recyclables revenue sharing formula (with RFP- specified industry published indices) shall be used by the Contractor to calculate the City's recycling credits. Proposers shall propose the percent of the City's recyclables revenue share (in percent of net revenue after processing fees) and the processing fee (in $ per ton of all recyclables). This RFP provides assumed recyclables tonnages by commodity for calculating estimated material revenues and City credits. ♦ Single- stream recycling is preferred by the City. If Proposers propose dual- stream recycling as an alternate proposal, they should also include a single - stream recycling base proposal scenario to remain more fully responsive to this RFP. ♦ Proposers must identify their proposed recyclables processing facility or transfer station. ♦ This RFP requires that residential recyclables collected from Shakopee under this Contract will be kept separate from other materials. Shakopee loads of residential recyclables shall be weighed on designated truck scales and weights reported to the City. The Contractor shall retain truck scale weight tickets for City inspection upon request. ♦ Recycling carts may either be owned by the Contractor or the City under the new Contract, depending on proposals submitted and the City's subsequent decisions. (See 18 — Form B X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services RFP Section 3.3, "Refuse and Recycling Carts Ownership and Management" for more details on this.) ♦ Proposers should provide a specific list of resident instructions for sorting recyclable materials and setting out recycling carts. • Recycling trucks should be clearly marked as such to distinguish from refuse and yard waste trucks. 3.3 Refuse and Recycling Carts Ownership and Management The City recognizes that the carts have value beyond the end of a typical five -year collection contract and the City is considering an option for the City to own the refuse and/or recycling carts. Under the present system, the City's current Contractor owns the refuse carts and the City owns the recycling bins used in the dual- stream recycling system. The City's decision to own the refuse and/or recycling carts in the future will be dependent in part on the details of the proposals received in response to this RFP. In either case, this RFP requires that the Contractor shall be responsible and pay for all aspects of cart management and operations including (but not limited to): transportation from the manufacturer, ordering, receiving, assembly, distribution (aka new cart "roll out "), excess cart inventory, spare parts inventory, warranty maintenance and other repairs. Damaged or unusable containers (carts or recycling bins) must be recycled. All costs incurred in recycling old curbside bins and new carts damaged beyond repair shall be the responsibility of the Contractor at no additional cost to the City. The Contractor will provide documentation showing the City where the containers were recycled. The City does not yet have preference for refuse and recycling cart ownership: Contractor owned vs. City - owned. Proposers are encouraged to specify one or the other option, or both. In any case, the Proposers shall clearly indicate which option they are proposing and label their corresponding proposal as such. The City does not intend to own the yard waste carts at this time. Under the seasonal, subscription yard waste system, it makes more sense for the Contractor to own these yard waste carts. However, City yard waste cart ownership could be proposed as an alternate proposal. The Contractor shall include their proposed cart ownership details in their organic waste collection plan. The City does not intend to own any special organic waste carts at this time. 3.3.1 City -Owned Carts (Option #1) Under this option, the City would purchase and own the refuse and/or recycling carts. The Contractor would still order (as per the specifications in the Contract), arrange for shipment from the cart manufacturer, assemble, deliver, store excess inventory (i.e., provide "warehouse" services), repair or replace damaged carts, manage all aspects of warranty repairs and excess inventory, maintain and distribute the carts. Cart distribution services would include both the X:\MS \IE\2012 \12S052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 19 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services initial cart rollout and ongoing cart replacements (i.e. new customers, service changes, replacement of damaged containers, etc.) during the term of the Contract. 3.3.2 Contractor - Owned Carts (Option #2) Under this second option, the Contractor would purchase and own all of the carts. Proposers must clearly specify their proposed container color, hot- molded or adhesive sticker logos, and in- mold label (IML) /adhesive sticker of recycling and refuse instructions. A reference example of IML recycling /refuse instructions (e.g. from another existing City recycling or refuse program) must be included in the proposal packet. 3.3.3 Cart Transition Plan Required Proposers shall include a summary plan for any transition operations required between the current contract operations and the new Contract operations. For example, if old carts and /or recycling bins need to be replaced by new carts, the Proposer shall include a summary that adequately describes these transition operations (e.g., timing and content of any public notices about cart/recycling bin switches, etc.). The Contractor shall be primarily responsible for all aspects of the transition operations, but shall keep the City fully informed of field operations during the transition period. This RFP requires that the successful Contractor submit a more detailed cart management and transition plan within two (2) months after the new Contract has been fully executed (approximately August 2013). 3.3.4 RFID Chips as an Option; Not Required Proposers may (but are not required to) propose that the City specify new carts that have radio frequency identification (RFID) chips installed into the new carts at time of manufacture. Such RFID systems are a convenient and cost - effective means for the Contractor to maintain an accurate record of cart inventories and resident account details (e.g., cart size, frequency of set - outs, etc.). It should be noted that such RFID systems are able to read only specific RFID chips installed into the cart and cannot identify any materials within the cart. RFID systems are simply an automatic means to correlate and record cart serial numbers. Proposers should specify their plans for any RFID or alternative methods of cart inventory and set -out counts. 3.4 Yard Waste Collection and Composting Yard waste collection operations under the new Contract should be very similar to the current system. Yard waste collection and disposal system requirements include (but are not limited to): ♦ Subscription, weekly yard waste collection and delivery for composting on a seasonal basis from approximately April through November each year. ♦ Eligible residents may subscribe for regular yard waste collection service and receive a 60- gallon yard waste cart, or customers can set out yard waste on an "on- call" basis by the bag. ♦ Proposers must provide proposed prices for yard waste cart service and price per bag. 20 — Form B X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services • In either case (regular yard waste cart service or "on- call" bag service), customers will communicate with and pay the Contractor directly. ♦ Proposers must identify their proposed composting facility or yard waste transfer station to be utilized. ♦ Yard waste carts shall be owned by the Contractor. The City is not considering the option of owning the yard waste carts at this time. ♦ Proposers should provide a specific list of resident instructions for preparing and setting out yard waste carts and compostable yard waste bags. 3.5 Organic Waste Collection Plan This RFP requires that the Contractor will submit a plan by the end of 2014 for source separated, residential organic waste collection and delivery for composting. Service may not start collection operations until approximately 2015 and may begin with a limited pilot program to test proposed operations. The City recognizes there are many collection methods, new technologies and composting facilities available today for separated residential organic waste. The City has made no decisions yet about the specific method of collecting separated organic waste. Continued planning for separate organic waste collection will be partially dependent on the proposals received in response to this RFP and the innovations proposed by the selected Contractor. The City currently envisions this to be a new carted, subscription service similar to yard waste collection, but provided twelve (12) months per year, not seasonal. Starting the organic waste collection service on a subscription basis will provide a voluntary means to evaluate resident interest and compliance with program instructions before consideration of city -wide service and fees. At this time, the City has no plans or proposed options for City purchase or ownership of separate organic waste carts. Proposers should describe any experience they have with residential organic waste collection programs. Proposers should also briefly summarize how they will approach the process of developing of an organic waste collection plan for the City of Shakopee. Finalization of organic waste collection operations and service fees will be a separate negotiation between the City and the Contractor and will not begin until approximately January 2015. The City reserves the right to discontinue planning for organic waste collection at any time. 3.6 Extended Leave / Suspended Collections (aka "Snow Bird" Policy) A resident that is absent from his /her residence for a period of thirty (30) consecutive days or more may qualify to temporarily stop City contracted refuse and recycling services, including payment obligations. It is the resident's responsibility to contact the Contractor to request the temporary stop and provide stop and restart dates at time of the request. X:\MS \IE\2012 \ 125052 -00 \10300 Draft Reports \RFP Draft 1- 31- 2013.docx 21 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 3.7 Other Residents May "Opt In" to City Contracted Service Other residents outside of the City's sewer service area and residents in buildings larger than triplexes may elect to "opt in" to the City- contracted services on a voluntary basis. The rates, definitions and other specifications for collection services for residents that "opt in" will be treated the same as other properties within the service area. 3.8 Bulky Items and Other Special Collections Bulky item collection operations under the new Contract should be very similar to the current weekly curbside collection system. The Contractor shall provide bulky item collection, processing and marketing or disposal services on an "on- call" basis. This may include other "on- call" special collections of other problem materials. Proposers shall use Form F in this RFP to specify proposed bulky item collection prices. Proposers should provide a specific list of resident instructions (including notifying the Contractor) for preparing bulky items and other problem materials requiring special collections. The Contractor shall maintain a record of bulky items and other problem waste special collections. The Contractor's annual report shall summarize the counts of these special collections and describe the type of materials collected. This annual report should also summarize the disposition of all materials. The City's intent in this RFP is to maximize the amount of recycling and other recovery of bulky items and other problem materials. Proposers shall summarize how they will accomplish this goal and how their actual performance will be reported. 3.9 Refuse and Recyclables Collections from City Buildings and Park Facilities Weekly collection operations from City buildings and City park facilities under the new Contract should be similar to the current system. Two (2) improvements in the new Contract include a change to a single- stream recycling system and adding seasonal, single- stream recyclables collection service from designated City parks. The detailed listing of specified City buildings and City park facilities, along with their estimated level of refuse and recyclable collection service, is included in Attachment A — Draft Service Agreement as "Appendix B — List of City Buildings, Parks and Other Facilities to be Served by the Contractor ". Proposers are encouraged to visit these facilities to become more familiar with the specifics of proposed collection operations. The City reserves the right to add other similar future facilities after consultation with the Contractors. The Contractor will provide at least weekly seasonal recyclables collection at selected parks facilities. Seasonal collection is estimated to be April 1 - October, 31; however, these dates are subject to change by the City. Parks that currently have, or are planned to have, parking lots, are 22 — Form B X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services listed in the Attached draft Service Agreement's Appendix B — "List of City Buildings, Parks and Other Facilities to be served by the Contractor ". It is the City's intention to place recycling carts at the perimeter of the parking lots to take advantage of collection efficiencies as part of the new residential, single- stream recycling routes. A more specific plan and schedule of service, including seasonal adjustments, will be developed by the City and the Contractor and then amended to the Contract. This plan will provide sufficient details including (but not limited to) the number of carts at each park, any additional specifications for the carts (e.g., stickers with instructions, standardized recyclables holes cut into the lid, automatic lid locking /unlocking device), and specific cart placement locations. The volumes of refuse and recyclables collected from City facilities shall be reported separately from residential material. The Proposer shall propose how they intend to estimate tonnages of refuse and recyclables collected from City facilities. For example, the Contractor may count cubic yards of actual collection service for each material type and convert to tonnage estimates using assumed density conversion and container fullness factors. This RFP retains the current "free" system (i.e., no added charges to the City) for this added service of collections from City buildings and park facilities. High quality service to these City facilities is expected, including collections and customer service communications. 3.9.1 City vs. Contractor Ownership of Recycling Carts Servicing City Facilities [THIS RFP AND THE CURRENT ATTACHED VERSION OF THE DRAFT SERVICE AGREEMENT LISTS TWO (2) CART OWNERSHIP OPTIONS. THE FINAL SERVICE AGREEMENT WILL SPECIFY CITY OR CONTRACTOR CART OWNERSHIP.] [OPTION #1] The City will own the recycling carts stationed at City Buildings and Parks, but the Contractor will be responsible to provide recycling collection services and cart maintenance in the same manner as the residential service requirements. [OPTION #2] The Contractor will own the recycling carts and be responsible to provide recycling collection services and cart maintenance in the same manner as the residential service requirements. 3.10 Cardboard Dumpster at City's Public Works Garage The Contractor will provide at least one (1) free dumpster, at a location to be specified, by the City (e.g., the City's Public Works Garage parking lot), for drop -off and recycling by City residents of old corrugated cardboard (OCC). X: \MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 23 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 3.11 Collections from April Clean -up Day and Other Special Events 3.11.1 April Clean -Up The City of Shakopee in conjunction with Scott County traditionally sponsors a spring clean -up day in April each year (see additional details in RFP Section 1.6.9). The program results in a high level of bulky items and other special waste delivered by residents. The clean -up event lasts about four (4) hours (which is the time open to the public). The Contractor will need to provide adequate manpower and equipment such as rear loaders, roll off trucks, roll off boxes, and /or dumpsters for the event. The Contractor is responsible for the collection, recycling and /or disposal of refuse, recycling, yard waste, and bulky items. Currently, the City contracts with a vendor to dispose of electronic waste items and tires. The City will work with the Contractor each year to plan and schedule this April clean -up day event. 3.11.2 Other Special Events The City participates in other special events throughout the year (e.g., "Derby Days ", etc.). The Contractor shall provide for at least refuse and recyclables collections at these other special events. The City may also request separate organic waste collections. The City will work with the Contractor to plan and schedule these other special events. 3.11.3 Clean -Up Day and Other Special Events Shall be Billed Separately The annual spring clean -up day and other special events shall be billed separately to the City of Shakopee. Upon receipt of an itemized invoice approved by the City, the City will reimburse the Contractor for tipping and disposal fees, and pre- approved staffing costs. The City reserves the right to bid out these clean -up day / special events collection services as a separate contract. These additional special event collections may be severed from the other scope of services in the Service Agreement. 3.12 Public Education The City intends to enhance public education efforts as a part of this new Contract for comprehensive solid waste and recycling services. This RFP specifies minimum public education requirements for the Contractor. 3.12.1 Contractor Public Education Tools (Required Minimums) The Contractor shall provide a series of minimum public education tools to resident customers in Shakopee. This Section provides for specific Contractor public education requirements below. The following are public education products required of the Contractor: ♦ "Annual Calendar" — The Contractor shall produce and direct mail an annual calendar specific to the City of Shakopee refuse and recycling program. Five (5) versions shall be produced customized by collection day / route. The calendar shall specify the days of collection for refuse and recyclables for that route. The calendar shall also clearly itemize all acceptable and prohibited items in a manner that is consistent with this RFP 24 — Form B X:\MS \IE\2012 \12S052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services and the Contract terms. This annual calendar shall be sent to all Shakopee residents / customers under this Contract by December 20 of each year. • "Quarterly Newsletter" — The Contractor shall produce a quarterly newsletter that provides updates on important and current news items about the City's solid waste and recycling program. The newsletter may be electronic form (e.g., sent via email or available on the Contractor's website), in hard -copy written form (e.g., as a direct mail piece as an enclosure with quarterly invoices), or both. Proposers shall clearly specify how they intend to produce and distribute their quarterly newsletter in their proposals. • "Recycling Cart Hang Tags" — The Contractor shall produce and attach single- stream recycling education hang tags to the new recycling carts at time of cart distribution. The content of these hang tags shall include: • The full list of all recyclable items as per the attached draft Service Agreement (Contract) Section 4.1 shall be included. • Cart set out and care instructions (e.g., where and how to place the carts; periodic washing of carts; etc.). 3.12.2 City Public Education Activities The City will also have a series of public education responsibilities including such activities as: ♦ With advice from the Contractor, adopting clear and reasonable standards for residents to comply with solid waste and recycling program requirements (e.g., How and when to set out carts for Contactor pickup; Types of materials that are acceptable vs. prohibited; Sorting and preparation instructions; etc.). ♦ Maintaining and updating the City's refuse and recycling website page including the residents' compliance standards and the Contract rates and fees. ♦ Customer service complaint line for residents to call if they are not satisfied with the Contractor's service. (Residents must first contact the Contractor before contacting the City.) Other City public education tasks may be proposed. Any other City tasks must be agreed to by both parties as part of the final Contract negotiations. 3.12.3 Other Contractor - Provided Public Education Tools (Optional) The City encourages Proposers to be creative and assertive in proposing other public education tools. Examples of other, optional Contractor - provided public education tools could include (but are not limited to): ♦ Contractor's own web page specific to Shakopee. ♦ Other electronic /social media (e.g., email blasts, blogs, etc.). ♦ Residential recycling awards as additional incentives to participate in the City's recycling program. X: \MS \IE\2012 \12S052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 25 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services ♦ "Leave behind education tags" — If the resident sets out a prohibited item that cannot be collected, the Contractor's collection crew leaves behind a reminder card / notice for the resident that is left with or attached to the prohibited item. This is a very valuable and effective education tool, but not always feasible. Proposers may propose this or a substantially equivalent tool for educating residents when they set out prohibited items. The City will review all proposals for their public education plans as part of its "overall environmental benefits" evaluation (see RFP Section 2.17, "Proposal Evaluation Criteria "). 3.12.4 The City Shall Approve All Public Education Materials The Contractor shall submit "camera ready" draft versions of any and all public education materials for review and approval by the City at least two (2) weeks prior to going to print or release. This requirement will be facilitated by close coordination between the Contractor and the City on all public education plans. 3.13 Customer Service and Communications Proposers shall summarize customer service and resident communications plans. The Contractor shall maintain throughout the duration of the Contract a designated single contact person who is located in the Twin Cities area and who has sufficient authority to resolve issues when officially notified by City staff. 3.14 Annual Report The Contractor shall submit an annual progress report to the City by February 1 of each year. The Contractor shall also present a summary of this annual report to the City. This annual report shall include: • Program results (year to date): Performance statistics including: ➢ Number of refuse accounts by service level ➢ Number of refuse overflow bags ➢ Refuse tonnage from residents ➢ Recycling tonnage from residents ➢ Recyclables composition estimates based on actual sorts from Shakopee recyclables ➢ Recycling set -outs and participation rates ➢ Amount of recycling revenue share ➢ Number of yard waste cart subscriptions ➢ Number of yard waste "on- call" or overflow bags set -outs ➢ Number of bulky item "on- call" collections ➢ Refuse tonnages from City buildings and parks facilities ➢ Recyclables tonnages from City buildings and parks facilities ➢ Any recycling rewards or other recognitions • Any changes in rates or fees: 26 — Form B X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services ➢ Past rate or fee changes due to CPI or fuel adjustments since the beginning of the Contract ➢ Proposed rate or fee changes due to changes in tipping fees • Summary of customer service complaints (e.g., counts of customer calls by type of complaint, summary of how these were resolved, etc.) • Any other notable issues or happenings over the past year (e.g., changes in service standards) • Recommended updates to five (5) year program plan including: ➢ Next steps in the organic waste plan (e.g., collection pilot) ➢ Annual focus for public education ➢ Any rate changes anticipated ➢ Updated discussion and any recommended changes in the rate schedule to improve the "Pay As You Throw" increments between each refuse service level rate • Recommended public education plan for the next year including: ➢ Production and City approval schedules for annual calendar and quarterly newsletter ➢ Other recycling public education action steps for the next year X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 27 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 4 PAYMENT TERMS The Contractor shall be responsible for billing Shakopee residents directly and offer residents the ability to pay and receive bills electronically. The final Service Agreement (Contract) shall govern the terms and conditions of unit pricing, billing procedures, and other customer service administration based on the successful proposal. This section describes how the payment terms in the final Contract will be calculated, including itemization of individual price components. This RFP and Draft Service Agreement (Attachment A) requires the base collection fee for refuse (BCF- refuse) to be itemized separately from the disposal fee (i.e., refuse tipping fee). If actual costs change, annual fee adjustments are allowed based on published indices (e.g., CPI, diesel fuel prices), changes in tipping fees, and the formulae specified in this RFP. Similarly for recycling, this RFP allows the base collection fee for recyclables (BCF- recyclables) to be adjusted if costs in the published indices (e.g., CPI, diesel fuel prices) change. Any and all rate or fee increases must first be proposed by Contractor and then must be approved by City Council before they can become effective. Any attempt by the Contractor to increase any rate or fee, without City Council approval, shall be null and void, and may subject the Contractor to the default remedies of the Contract. Also, any proposed request for retroactive City approval of any rate or fee increase already imposed on residents may be denied by the City. Fee decreases can be implemented by Contractor without City approval, but must be reported to the City Administrator at least two (2) weeks prior to the decrease. 4.1 Delinquent Accounts Delinquent accounts shall be defined as those residents who have not paid and are over four (4) months past due. The Contractor will be responsible for collecting all charges from each unit and may not hold the City responsible for any uncollectible charges. The Contractor shall make good -faith efforts to collect all amounts due, including but not limited to: past due notification mailings, phone calls and use of a collection agency. All such efforts shall be documented and paid for by the Contractor. For residential properties with delinquent accounts where the ratepayer is different from the property owner, the Contract shall also notify the property owner. This notice shall mention the City policy to allow the Contractor to submit delinquent accounts to the City for consideration, review and approval for the past due amount to be placed as an assessment on the property taxes. At least two (2) weeks prior to mailing, the Contractor shall submit to the City a draft of this notice for City review and approval. If the amount continues to be delinquent past the four (4) months from the account being declared "past due" by the above entity, the Contractor may submit these delinquent accounts once a year by September 1 to the City for consideration and review. The Contractor shall submit a written request to the City of Shakopee with adequate documentation of the efforts made to collect the past due amounts. The City may then declare the amount delinquent in 28 — Form B X:\MS\IE\2012\128052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services approximately October each year. If the City determines that a good faith effort was made and that adequate documentation was submitted, the City shall place the amount on the property taxes associated with the property for which the amount is due. The City shall follow all legal practices required by the state and city ordinance to assess the delinquent amount to the property. If the delinquent account is placed on an official City assessment notification list, the City has the right to charge fees to the delinquent account to cover its fees associated with the assessment process. If the residential account is deemed delinquent, the Contractor may switch the refuse container to the smallest container offered by the Contractor. However, the Contractor may not suspend refuse and/or recycling services to the delinquent account. 4.2 Proposed Price Elements All proposers shall submit a complete Price Worksheet (Form E). If the Proposer is awarded the Contract, this Price Worksheet will be the basis for final terms of the City- approved rate schedule. The Price Worksheet requires proposers to itemize rates for single - family through triplexes vs. townhomes. The Price Worksheet also requires proposers to split the individual elements of its collection and disposal costs. The BCF- refuse is the proposed rate for refuse collection service per household per month. The BCF- refuse shall be exclusive of all other charges, tipping fees and taxes (e.g., State Solid Waste Management Tax). Similarly the Price Worksheet requires Proposers to propose their recycling rate as a base collection fee for recycling (BCF - recyclables). Proposers are also required to propose the percent of their base collection fees that are related to "non- fuel" and "fuel" costs so that a comparable fuel adjustment price can be estimated by the City on fuel related collection costs. Also, a CPI adjustment can be applied to the non -fuel portion. 4.3 PAYT Increments in Disposal Costs Proposers shall provide a graduated refuse rate schedule for the refuse disposal costs for each service level / cart size that is often known as "pay as you throw" (PAYT) to help encourage recycling and waste reduction by residents. Proposers shall provide a PAYT refuse disposal rate schedule that complies with requirements of Minnesota Statutes (M.S. 115A.9301). The City defines its 30- gallon refuse rate as the "base unit size for an average small quantity household generator" as required by this Minnesota Statute. Proposers shall propose refuse disposal rates for 60- gallon and 90- gallon rates that are incrementally higher than the 30- gallon refuse disposal rate. The City policy is to encourage Proposers and its Contractor to maximize the PAYT increments between each refuse service level rate. The relative percent difference of these PAYT increments proposed will be considered by the City as part of its review of environmental aspects of all proposals submitted. The City and the Contractor shall evaluate the option of increasing the PAYT increments in future contract years based on the Contractor's recommendations within their annual report to the City (see Section 3.10). X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 29 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 4.4 Tipping Fee Disposal Costs Shall be Itemized Separately The Contractor shall directly pay the refuse disposal tipping fees as per the terms of the Contract. Disposal cost elements of the residential refuse rates will be based on the refuse disposal fees proposed by the Proposer in Form E — Price Worksheet. The refuse disposal costs in the Contract will be adjusted annually to reflect changes in actual tipping fees. The actual March 2013 tipping fee at the refuse disposal facility or transfer station will be defined as the benchmark disposal price. The Contractor's refuse disposal costs will be adjusted proportionally each year based on the change in actual tipping fees compared to the benchmark tipping fee disposal price. 4.5 CPI Price Adjustment on the Non - Fuel Portion of the BCF The collection fees for 2014 will be set in accordance with the base collection fees (BCF) contained on the Price Worksheet (Form E) for both refuse and recyclables collection services (BCF- refuse and BCF - recyclables). The non -fuel portion of the BCFs payable for each successive Contract year shall equal the BCFs fee payable for the previous Contract year adjusted proportionately by the annual Consumer Price Index (CPI). The CPI for the month of May will be defined as the benchmark CPI month. The non -fuel portion of the BCF will be adjusted by the relative change each year compared to the benchmark CPI, or three percent (3 %), whichever is lower. The published index for determining the annual percent change of the CPI will be the Federal Reserve Bank of Minneapolis. Each annual adjustment of the non -fuel portion of the BCF will be based on the benchmark CPI index of the previous year. 4.6 Fuel Adjustments on the Fuel Portion of the BCF The fuel portion of the BCF will be adjusted per the final terms in the Contract and based on the successful proposers Price Worksheet (Form E). The fuel portion of the BCF will be adjusted annually to reflect the percent change in indexed diesel or natural gas prices. If the Proposer proposes to use primarily diesel fuel for their trucks serving Shakopee, the index shall be the "Retail, On- Highway Diesel Prices — Average All Types, Midwest Region" as determined and published by the U.S. Department of Energy (DOE), Energy Information Administration (EIA). (See EIA web page at http: // tonto. eia. gov / dnav /pet/hist/LeafHandler.ashx ?n= PET &s =EMD EPD2D DPG &f =W.) If the Proposer proposes to use primarily compressed natural gas (CNG) fuel for their trucks serving Shakopee, the index shall be the "Henry Hub Natural Gas Spot" price as determined and published by EIA. (See web page at http://www.eia.govidnaving/ng_prifut sl_d.htm.) In either case, the Contractor may elect to request City approval of an annual fuel price adjustment for the next Contract year (June through May) if the price of their specified fuel has gone up over the past year. The Contractor must submit its written request for said fuel 30 — Form B X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services adjustment increases by May 7 each year otherwise no increase shall be allowed. Decreases in fuel price adjustments shall be automatically implemented without City approval. The RFP- specified index shall be used to establish the average annual fuel price of the previous year (May through April). The fuel portion of the BCF payable for each successive Contract Year (CY) shall equal the BCF fee payable for the previous year adjusted proportionately by the annual fuel index. The fuel portion of the BCF will be adjusted by the relative change each year compared to the previous year. Two (2) hypothetical examples follow to help illustrate the requirements of this RFP- specified fuel adjustment formula. Example #1 of Allowed Fuel Adjustment [Hypothetical scenario #1: Diesel, increase from CY1 to CY2]: BCF- Refuse [Hypothetical proposal #1] for 30- gallon, every week service for Contract Year (CY) 1= $5.00 /HH/MO Fuel portion of BCF - Refuse [Hypothetical proposal #1] = 10% of BCF- Refuse [Calculated fuel portion of BCF- Refuse] _ $0.50 / HH/MO] Primary fuel [Hypothetical proposal #1] = Diesel RFP- Specified diesel fuel index benchmark year price (e.g., Average annual diesel fuel price for CY1) = $3.876 / gallon [Hypothetical price increase through CY 1 (e.g., Average annual diesel fuel price for CY2) = $4.250 / gallon] [Calculated percent increase in indexed diesel fuel price] = 9.6% of CY1 price [Calculated fuel price increase adjustment for CY2 allowed as per RFP- specified formula [and hypothetical proposal] = $0.05 /HH/MO Example #2 of Allowed Fuel Adjustment [Hypothetical scenario #2: CNG, decrease from CY1 to CY2]: BCF- Refuse [Hypothetical proposal #2] for 30- gallon, every week service for Contract Year (CY) 1= $5.00 /HH/MO X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 31 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Fuel portion of BCF- Refuse [Hypothetical proposal #2] = 10% of BCF - Refuse [Calculated fuel portion of BCF - Refuse] = $0.50 / HH/MO] Primary fuel [Hypothetical proposal #2] = CNG RFP- Specified natural gas fuel index benchmark year price (e.g., Average annual natural gas fuel price for CY1) = $3.387 / MMBTU [Hypothetical price decrease through CY11 (e.g., Average annual natural fuel price for CY2) = $3.000 / MMBTU] [Calculated percent decrease in indexed CNG fuel price] = 11.4% of CY1 price [Calculated fuel price decrease adjustment for CY2 required as per RFP- specified formula [and hypothetical proposal #2] = $0.06 /HH/MO 32 — Form B X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 5 RECYCLABLES REVENUE SHARING It is the City's desire to have a contract that includes a revenue sharing credit back to the City. All qualified proposals need to complete the revenue sharing sections in their Price Worksheet (Form E). All proposal scenarios must contain a percent revenue share offer for all specified commodities as described below. Proposers can indicate from zero percent (0 %) to one hundred percent (100 %) revenue share for percent of published price index. Thus, the proposers may opt -out of the revenue share component by simply inserting zero percent (0 %) for revenue share. The City has a preference for using the specified published Indices (see Section 5.1 below) as a means to simplify the accounting for the recycling revenue share system. The RFP- specified commodities for revenue sharing are: 1. All fiber grades 2. Aluminum 3. Bi -metal (aka "steel ") cans 4. Plastics (rigid plastic containers /lids) Proposers may propose other commodities for revenue sharing only under the alternate proposal. Revenue sharing shall not fall below zero dollars ($0) or calculate as a "negative" revenue share. Revenue sharing credits paid to the City shall be equal or greater than zero dollars ($0). If a revenue sharing component is offered whereby the Proposer indicates a value greater than zero percent (0 %), each quarter the Contractor shall credit an amount to the City based on the revenue sharing formula. The Contractor shall also provide adequate documentation of the corresponding quarterly tonnage of all commodities collected from the City, even in the case where the City receives no rebate for the quarter. Also, the Contractor shall provide copies of the referenced market indices with each monthly statement. The City or the Contractor may propose other commodities and corresponding proposed price indices at any time during the duration of the Contract. The parties shall enter into negotiations in good faith and any new revenue sharing agreement shall be reduced to writing in the form of an amendment to the Contract. 5.1 Revenue Sharing — RFP - Specified Formula The RFP - specified revenue sharing formula requires the use of published industry market indices for all materials. The basic components of the revenue sharing formula for most of the commodities include: ♦ Estimated commodity tonnage volumes (tons / month); ♦ Published index value per ton ($ per ton based on specified commodity grades); ♦ Proposed processing fee ($ per ton) average for all commodities; and X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 33 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services • Proposed percent revenue share ( %) average for all commodities. The formula for calculating monthly revenue share is: Gross revenue as per the indices listed below (times the recyclable tonnages collected from the City). Less the processing fee as proposed and then specified in the final Contract (times the recyclable tonnages for the indexed commodities). Equals the Contractor's net revenue for the month. Times the City's revenue share percentage (as proposed and then specified in the final Contract) as paid as a revenue share credit to the City each quarter. The proceeds for all recyclable materials collected, except glass, shall be based on actual inbound scale weight tonnage figures, with commodity percentages determined at least once per year from a sort of random loads, and monthly commodity prices based on the following published industry price indices for: All Fiber / Paper Grades: Pulp and Paper Week (formerly the Official Board Markets' or OBM "Yellow Sheet "): first issue of the month, Chicago region for Old Newspapers (ONP) # 8, high side of the range. Aluminum: American Metal Market: first issue of the month, Chicago for nonferrous scrap prices: scrap metals, domestic aluminum producers, buying prices for processed used aluminum cans in carload lots, f.o.b. shipping point, used beverage can scrap, high side of the range. Bi -Metal (or "Steel ") Cans: American Metal Market: first issue of the month, Chicago region, clean used densified cans. Plastics: RecyclingMarkets.net adjunct commodity pricing service www .SecondaryMaterialsPricing.com, Chicago (Midwest/Central), Plastic Bottles: (baled) sorted into: PET, Natural HDPE, and Colored HDPE, using the last published price of the month. (Note: Plastic bottles composition of sub - grades is assumed to be: 50% PET, 25% Natural HDPE, and 25% Colored HDPE.) The City or the Contractor may propose other revenue sharing pricing formulae on an annual basis during the duration of the Contract and both parties shall mutually agree on a new market indicator(s) if needed. The City understands that net revenues may equal zero dollars ($0) at times due to poor markets. However, neither the City nor residents shall pay any recycling costs above the monthly based 34— Form B X:\MS \IE \2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services recycling fee (BRF- recyclables). The City's revenue share credits shall never be a negative value. 5.2 Revenue Sharing Changes Based on Material Composition The Contractor will be required to conduct at least one (1) materials composition analysis of the City's recyclable materials each year. The City must pre- approve the method prior to conducting the composition analysis. Additionally, the Contractor must receive written permission from the City prior to using the composition analysis information to make changes to the revenue sharing calculations. The Contractor is required to conduct at least one (1) recyclables materials composition analyses of the City's recyclable materials each year. The City must pre- approve the methods prior to conducting the composition analyses and shall be present for both such composition analyses. Both parties shall mutually agree on revised recyclables composition percentages, if any, prior to using the composition analysis information to make changes to the revenue sharing calculations. 5.3 Revenue Sharing Payments and Quarterly Reports Quarterly reports and payments from the Contractor to the City shall be due by the 15th day of January, April, July and October for material collected during the preceding calendar quarter. The Contractor shall provide copies of the appropriate monthly market indices for each indexed commodity with each quarterly statement. The Contractor shall also submit to the City the tonnage and commodity price figures from which the payments are calculated, and the City shall review and if in agreement, approve the computations. Quarterly reports are required regardless if the revenue share is zero dollars ($0) for that period. Once the City receives the quarterly payment, the City may use the revenue sharing funds for any City expenditure. X:\MS\1E\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 35 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 6 INSURANCE AND OTHER LEGAL REQUIREMENTS [ALL INSURANCE AND OTHER LEGAL REQUIREMENTS ARE CONTAINED WITHIN THE DRAFT SERVICE AGREEMENT — ATTACHMENT A.] 6.1 Anti - Discrimination The Contract to be awarded will require the Contractor to agree: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no Contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause one (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this Contract may be canceled or terminated by the city, and all money due, or to become due, under the Contract may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 6.2 Certificate of Non - Barred Proposing The undersigned firm certifies that it is not barred from proposing on this contract as a result of a conviction for the violation of State laws prohibiting "proposal" rigging or "proposal" rotating. 6.3 Data Practices Act The Contract to be awarded will be subject to the Minnesota Government Data Practices Act and will include the following provision: Pursuant to Minnesota Statutes § 13.05, Subd. 11, all of the data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and the Contractor must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes § 13.08 apply to the Contractor. The Contractor does not have a duty to provide access to public data to the public if the public data are available from the City, except as required by the terms of this contract. 36 — Form B X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 6.4 Record Keeping / Audits The Contract to be awarded will be subject to record keeping and audit requirements and will include the following provision: Pursuant to Minnesota Statutes § 16C.05, Subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of the Contractor, that are relevant to the contract or transaction, are subject to examination by the contracting agency and either the legislative auditor or the state auditor, as appropriate, for a minimum of six (6) years. Contractor shall maintain such records for a minimum of six (6) years after final payment. X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 37 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services 7 PROPOSAL CONTENT 7.1 Qualifications Section All Proposers must submit a Qualifications Section within their proposals. The Qualifications Section must include information in the following three areas: • General management ability; • Financial stability and strength; and • Solid waste collection experience; including refuse, yard waste, single sort recycling, organic waste, and bulky waste collections. Unless directly related to the response and referenced in the text, sales brochures are not required. All submissions will become the property of City and will not be returned. The City, at its sole discretion, may reject any and all responses and /or issue subsequent requests for qualifications and proposals. The Qualifications Section of each proposal must include the following subsections: 7.1.1 General Management Proposers will be evaluated on the basis of their demonstrated overall management and experience, as reflected in the successful implementation of previous and /or current materials collection projects. Each Proposer shall demonstrate the ability to perform all required tasks successfully, and must demonstrate the requisite management skills and experience in integrating the performance of such tasks. Information submitted by each Proposer shall define both technical and managerial capabilities in terms of past performance. Other management evaluation criteria will include, but will not be limited to the following factors: • Demonstrated successful working relationships with municipalities and /or public solid waste agencies; • Number of similar collection projects within the Twin Cities metropolitan area; • Innovative techniques used to increase efficiency; and • Past and anticipated approach to customer service. 7.1.2 Financial Stability and Strength The Proposer must demonstrate sufficient financial resources to carry out its responsibilities as outlined in this RFP and to back -up its contractual obligations. Proposers will be evaluated on the basis of their credit references, demonstrated ability to finance the required equipment, and ability to provide the performance bond (see the draft Service Agreement, Section 1.13, "Performance Bond "). 38 — Form B X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services A specific letter from a surety company or a guarantor indicating the intent to provide the Proposer's performance bond must be provided in the proposal. Proposers must submit at least three (3) credit references. Proposers must submit evidence of the ability to finance the equipment needed by submitting a financing plan for necessary equipment. Where the Proposer is a corporation, submit evidence that the Proposer is in good standing under the laws of the state of incorporation. The Proposer must submit the litigation history (with explanation) for the last five (5) years regarding any company, partner, subcontractor(s), or subsidiary involved in this venture, and/of any corporate officer. 7.1.3 Refuse and Recyclables Collection Experience Proposers will be evaluated on the basis of their demonstrated experience in the collection of refuse, yard waste, organic waste, single sort recyclables, bulky waste and other special collection of other waste materials. Proposers are encouraged to submit references for existing residential collection services, especially under contract to municipalities, to demonstrate their experience and success. The City may give particular attention to the performance data provided for these reference projects. The Proposer must demonstrate the following: • Overall experience in the solid waste industry; and • Experience in the successful operation of the type of residential refuse, yard waste, organic waste, single sort recyclables, bulky waste and other special collection services solicited in this RFP. 7.2 Overview of Services The Proposer shall describe services proposed in response to this RFP. This Overview shall provide sufficient information to demonstrate the Proposer's clear understanding of the services requested by the City through this RFP. 7.2.1 Collection Proposal The proposal shall describe the proposed collection service. The document shall provide sufficient information to demonstrate that the proposed service will, at a minimum, satisfy all of the performance objectives provided in this RFP and handle the quantity and composition of materials to be collected. The information should include, at a minimum, equipment descriptions and identification of and schedule for obtaining necessary permits. 7.2.2 Equipment and Route Description The Proposer shall submit equipment specifications of all the equipment to be used. Form F, Itemized Listing of Trucks and Other Collection Equipment, is to be used for this purpose. In X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 39 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services addition, the Proposer shall produce or use vendor - supplied data sheets for major items or equipment along with any necessary supporting text. No substitutions or modifications may be made for the proposed equipment without prior written notice to and approval of the City. 7.2.3 Road Weight Restrictions The Proposer shall state in his list of truck equipment how the vehicle design and operation will meet all city, county and state load weight limits. The fully loaded gross vehicle weight and weight per axle shall be listed for each of the proposed trucks. The Proposer must acknowledge the City's required switch from alley side to curbside collection during the spring road restriction season. 7.2.4 Cart Management and Administration The Proposer shall describe a plan for receipt, assembly, distribution, storage, maintenance, and replacement of carts. Experience the Proposer has with the extent of cart replacement and warranty work with a specific cart manufacturer or supplier should be provided. The Proposer shall describe their approach to servicing carts that are blocked by parked cars, placed too close to other carts or waste items, and other challenges. 7.2.5 Public Education Plan The proposal must describe the public education services as specified in this RFP. 7.2.6 Management Plan The Management Plan must include a description of the proposed management structure and approach, as well as a statement of the problems that the Proposer believes are likely to arise during collection, start-up, and for ongoing operations and the methods proposed to deal with them. This should include, at a minimum, such problems as: employee absenteeism; equipment breakdowns; and capability to provide collection of optional /additional materials. The Management Plan must address specifically how the Proposer will work with the City to identify and resolve consistent sources of problems. A Staffing Plan indicating number of employees and how they will be staffed to ensure collections capacity and customer service must also be included in the Management Plan. A clear statement of the management structure of the Proposer's company must be supplied. If the Proposer is a joint venture or team, the roles, responsibilities, and reporting structure of each team member must be clearly presented. 7.2.7 Clean -up Day Plan and Other Special Events The Proposer shall submit a description of the intended approach to provide the spring clean -up day collection service. Describe proposed equipment and labor and how the Contractor(s) will coordinate the event with the City. Describe a City - Contractor(s) planning process and schedule that will more fully detail the work plan for the spring clean -up day. 40 — Form B X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Also, the City participates in other special events each year (e.g., "Derby Days ", which is typically held the first full weekend in August). Although the typical services required of the Contractor in the past has been for recyclables and refuse collection, the City may wish to consider adding organic waste collections in the future to these other special events. Proposers shall describe their proposed equipment and labor and how they will coordinate special events with the City. Proposers shall also describe a City — Contractor planning process that will result in a successful City special event. 7.3 Safety Plan Required The Proposer shall outline the elements of their safety plan for refuse and related collection systems within their proposal. 7.4 Pollution Reduction and Environmentally Sustainability Plan Required Proposers shall summarize their plans for pollution reduction and environmentally sustainable initiatives. Proposers should give special focus on initiatives to be implemented while servicing residents in the City (e.g., vehicle emissions and fuel use while on the City's collection routes). Proposers are encouraged, but not required, to have their own company sustainability plan. 7.5 Price Proposals All of the proposers proposed prices shall be submitted on the Form E — Price Worksheet. This form shall be executed by the authorized official to bind the company. If an alternate proposal is submitted, a separate Form E — Price Worksheet must be included and labeled that clearly specifies the proposed costs of any such alternate provision. X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx 41 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services PROPOSAL FORMS Responsive proposers must submit all of the following forms as an integral part of their proposals: • Form A: Proposal Content Checklist • Form B: Proposer Information Questionnaire (including references) • Form C: Certification of Binding Signature • Form D: Certification of Independent Proposal Pricing • Form E: Price Worksheet • Form F: Listing of Proposed Prices for Special Collection of Bulky Items • Form G: Itemized Listing of Trucks and Other Collection Equipment • Form H: Acknowledgement of Receipt of Addenda All forms must be completed and submitted for the proposal to be deemed responsive. The Proposer must indicate clearly on the form(s) if any information is not applicable. All forms must be executed by an official authorized to bind the Proposer, and must be submitted as part of the proposal. 42 —Form B X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Form A: Proposal Content Checklist Instructions: Please check off the forms and other proposal sections to assure that your proposal is complete and all forms are signed: Proposal Cover Letter Form A: Proposal Content Checklist Form B: Proposer Information Questionnaire (including references) Complete Responses to Section 7 of this RFP Form C: Certification of Binding Signature Form D: Certification of Independent Proposal Pricing Form E: Price Worksheet Alternate Price Worksheet (If Applicable) Form F: Listing of Proposed Prices for Special Collection of Bulky Items Form G: Itemized Listing of Trucks and Other Collection Equipment Form H: Acknowledgement of Receipt of Addenda X:\MS \IE\2012\ 125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx Form A - 43 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Form B: Proposer Information Questionnaire Instructions: Please attach additional pages as may be necessary to properly respond to each of the following questions. This and other forms can be downloaded electronically from the City's RFP web page, "Garbage and Recycling 2013 RFP" http: / /www.ci.shakopee.mn.us /garbage - recyclingRFP.cfm Note: If this is a teaming arrangement, please list all team members on a separate page, providing an address, telephone number, email, website and contact person for each. General Contact Information Name of Company Proposing: Address: Telephone: Email: Website: Name of contact person: Type of organization: (e.g., corporation, joint venture, partnership, individual) Is this a "Team" proposal (see RFP Section 2.26, "Vendors May Team with a Maximum of Three (3) Other Companies ")? ❑ Yes ❑ No If yes, please list the name of the other Company or Companies Proposing as a part of your Team: 1. 2. 3. References: Please provide on separate page(s) collection references (provide municipality, capacity [number of households per day], contract structure between the organization and the municipality(ies) or public agency being serviced, type and frequency of service provided, etc.). If this is a Teaming arrangement, collection references for each Team member should be submitted. The word "Company" as used below includes partnerships, corporations, and /or sole proprietorships. X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx Form B - 1 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Business Information Complete this Section for the Proposer and, if applicable, each member of a Teaming arrangement. Within the past five (5) years, has the Company submitting this proposal failed to complete a contract? ❑ Yes ❑ No If so, state name of parties to the contract, the date of the contract and the reason for non - completion. If a bond was posted, state the contact information for the bond company. Within the past five (5) years has the Company submitting this proposal or any facility or property owned or operated by this Company failed to perform any of its contract obligations with any municipality, county or other public entity? ❑ Yes ❑ No If so, state the nature of the failure: With what other lines of business are you or your company directly or indirectly affiliated? Describe the nature of your current business: State the length of time you have been in business under your present name: Within the last five (5) years, has the Company submitting this Proposal, or any facility or property owned or operated by your Company ever been the subject of administrative or judicial action for alleged violation of the conditions of a permit issued by a governmental entity; or alleged violations of environmental, zoning, or public health laws or regulations? ❑ Yes ❑ No If so, state the details and disposition. 2 — Form B X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Has the Company submitting this proposal or any of its subsidiaries been a party to any lawsuits within the last five (5) years that may affect its ability to perform the obligations described in the Proposal? ❑ Yes ❑ No If so, list these lawsuits: List names and business address of all individuals financially associated with the Company that is submitting this Proposal: Automated Collection Equipment (Note: See RFP Section 3.1, "Refuse Collection, Processing and Disposal, and RFP Section 3.2, "Recyclables Collection, Processing and Marketing ") If awarded this contract, will your Company (or proposed Team), be able to provide automated refuse collection service by the Contract start date? ❑ Yes ❑ No If not, will you be able to provide automated refuse collection at some time in the future? ❑ Yes ❑ No If awarded this contract, will your Company (or proposed Team), be able to provide automated single- stream recyclables collection service by the Contract start date? ❑ Yes ❑ No If not, will you be able to provide automated single - stream recyclables collection at some time in the future? ❑ Yes ❑ No If yes to any of the above, please explain your proposed schedule for implementing automated collection: What percent of your refuse /recyclables collection truck fleet is equipped with automatic collection devices? percent X: \MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx Form B - 3 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Transition and Cart Management Plan (Note: See RFP Section 3.3, "Refuse and Recycling Carts Ownership and Management ") Please summarize your plan for transition operations required between the current contract operations and the new Contract operations. For example, if old carts and/or bins need to be replaced by new carts, summarize these transition operations (e.g., timing and public notice about cart/recycling bin switches, etc.). RFID (Note: See RFP Section 3.3, "Refuse and Recycling Carts Ownership and Management ") If the City owns the refuse or recycling carts, the City may require all new carts used in the City to be manufactured and installed with radio frequency identification (RFID) tags for possible later integration into a data management system to be implemented at some time in the future within this Contract term. Within the term of this contract, will your company be able to install the necessary truck - mounted RFID scanner, (i.e., RFID reader) antennae, and on -board computer on vehicles serving the City? ❑ Yes ❑ No If yes, please describe schedule for equipment purchase, installation and system roll -out: Truck Fuel (Note: See RFP Section 4.6 "Fuel Adjustments on the Fuel Portion of the BCF ") Please specify the primary type of fuel proposed to be used in the refuse trucks serving Shakopee under this Contract: Please specify the primary type of fuel proposed to be used in the recyclables trucks serving Shakopee under this Contract: Impacts on Roads (Note: See RFP Section 7.2.2, "Equipment and Route Description" and RFP Section 7.2.2, "Road Weight Restrictions ") The City will require that all refuse collection vehicles are in full compliance with City, County and State road weight restrictions. Please describe your plans for reducing impacts on roads and means to comply with road weight restrictions: 4 — Form B X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Pollution Reduction and Environmentally Sustainable Plan (Note: See RFP Section 7.4 "Pollution Reduction and Environmentally Sustainable Plan Required ") Please describe all of your plans for pollution reduction and environmentally sustainable initiatives. Special focus should be on initiatives to be implemented while servicing residents in the City (e.g., vehicle emissions and fuel use while on the City's collection routes). Does your company have its own sustainability plan? ❑ Yes ❑ No Organic Waste Collection Plan (Note: See RFP Section 3.5, "Organic Waste Collection Plan ") The Contractor will be required to submit a complete organic waste collection plan by the end of 2014 (see Section 3.5 of the RFP). If awarded the Contract, please describe your approach to working with the City to develop and draft this organic waste collection plan: Pay As You Throw / Variable Rate Pricing (Note: See RFP Section 4.3, "PAYT Increments ") Section 4.3 of the RFP describes the City's preference for progressive solid waste pricing increments on the refuse disposal costs as part of a Pay As You Throw (PAYT) incentive program to help increase recycling. The City prefers to encourage the Proposers, and ultimately the Contractor, to maximize these PAYT increments and not mandate specific PAYT increments. If awarded the Contract, please describe your PAYT philosophy in your proposed refuse disposal rate schedule and any future plans to work with the City to implement a more progressive PAYT system at some point in the future: X: \MS \IE\2012 \12S052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx Form B - 5 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Spring Clean Up Day and Other Special Events (Note: See RFP Section 3.11, "Collections from spring Clean -up Day and Other Special Events ") Please describe your past experience with providing refuse and /or recycling services at Clean -up Day events (e.g., city /county sponsored community collection events, etc.): If awarded the Contract, please describe your plans for servicing the City's Spring Clean -up Day. Do you propose a separate cost for such Clean -up Days? ❑ Yes ❑ No If yes, please provide your price quote on RFP "Form E — Price Worksheet" Public Education (Note: See RFP Section 3.12, "Public Education ") The City and the Contractor will plan for a coordinated public education campaign as specified in Section 3.12 of the RFP. Does your Company use "education tags" that are left by your collection crews at the time material is left behind? LI Yes ❑ No If yes, please attach an example of one such education tag from another community. Please describe other directly relevant public education efforts you have used successfully in the past: If awarded the Contract, please describe your plans for additional public education efforts. 6 — Form B X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Methods to Audit Active Customer Counts (Note: See RFP Section 1.5, "Estimates of Current Household Counts Served Under This Contract ") Please describe how you will conduct the required semi - annual audits (e.g., January and July each year) of currently active household counts of to verify the number of residential customers served. Specify your proposed methods and schedules to audit and verify active customer counts by service type (refuse, recycling, organic waste, yard waste, etc.): Signature of person duly authorized to sign submittal on behalf of the Proposer: Authorized Signature Date X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx Form B - 7 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Form C: Certification of Binding Signature Instructions: All forms provided in this RFP are required to be completed and be executed by an official authorized to bind the Proposal offer. All completed forms shall be made a part of the Respondent's proposal. All proposal forms must be signed by the same authorized person. The undersigned Respondent further certifies that he /she has read the information submitted by the Proposer and has personal knowledge that the information submitted is true and correct. I, (Name of Authorized Officer) , of (Title) (Proposer Firm Name) (Date) I swear that I am authorized to execute all Proposal forms included in this Proposal response to the RFP and to bind the company to these agreements; and swear that I have read the information contained in this Proposal and that I have personal knowledge that it is true and correct. X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx Form C - 1 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Form D: Certification of Independent Proposal Pricing I Instructions: This form shall be executed by the authorized official to bind the company. The Proposer makes the following representations and certifications as part of this proposal: The undersigned respondent certifies that the Proposer has not directly or indirectly entered into any agreement, express or implied, with any other Proposer(s) (other than for purposes of forming a Team as defined and allowed in this RFP) for any of the following: A. Controlling of the price of such proposal(s); B. Limiting of the number of proposals or Proposers; or C. Parceling or farming out to any Proposer(s) or other persons of any part of the Contract or any part of the subject matter of the proposal(s) or of the profits. The undersigned respondent certifies that they have not and will not divulge the sealed proposal to any person except those as a part of a legitimate Team as per the specifications of this RFP or having a partnership or other financial interest with them in said proposal or proposals until after the Contract is fully executed or until the City publicly releases this sealed information. The undersigned respondent further certifies that the Proposer has not been a party to any collusion including, but not limited to, actions such as: A. Proposers restraining the freedom of competition by agreement to make a proposal at a fixed price or pre - arranged price limit; B. Refraining from submitting a proposal at a fixed or pre - arranged price limit; or C. Refraining from submitting a proposal. The undersigned responded further certifies that the Proposer has not engaged in any prohibited contact or conflict of interest with any City official or its agents such as, but not limited to: A. Discussion of service quantity, quality, or price in the prospective Contract or any other terms of said prospective Contract; or B. Any other prohibited discussions between the Proposers and City officials or agents concerning exchange of money or other things of value for special consideration in the letting of a Contract. Signature of person duly authorized to sign submittal on behalf of the Proposer: Authorized Signature Date X: \MS \IF\2012 \12S052 -00 \10300 Draft Reports \RFP Draft 1- 31- 2013.docx Form D - 1 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Form E: Price Worksheet Instructions: This form shall be executed by the authorized official to bind the company. If an alternate proposal is submitted, a separate Form E — Price Worksheet must be included, labeled "Alternate ", and that clearly specifies the proposed costs of any such alternate provision. Proposed Refuse Collection and Disposal Fees: Base Collection Fee for Refuse (BCF- Refuse) [for single family thru triplexes]: Option #1: City Owns the Refuse Carts: Proposed refuse collection fees (Exclusive of State Solid Waste Management Tax. See RFP Section 4.2, "Proposed Price Elements ", for more details.) 30- gallon cart, every other week (EOW) service for single - family thru triplexes: Units: Proposed $ per household (HH) per month (MO): = $ /HH /MO Weekly service for single - family thru triplexes: Units: Proposed $ per household (HH) per month (MO): _ $ /HH /MO Option #2: Contractor Owns the Refuse Carts: Proposed refuse collection fees (Exclusive of State Solid Waste Management Tax. See RFP Section 4.2, "Proposed Price Elements ", for more details.) 30- gallon cart EOW service for single - family thru triplexes: Units: Proposed $ per household (HH) per month (MO): = $ /HH/MO Weekly service for single - family thru triplexes: Units: Proposed $ per household (HH) per month (MO): = $ / HH/MO X: \MS \IE\2012 \12S052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx Form E - 1 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Base Collection Fee for Refuse (BCF- Refuse) [continued for townhomes] Option #1: City Owns the Refuse Carts: Proposed refuse collection fees (Exclusive of State Solid Waste Management Tax. See RFP Section 4.2, "Proposed Price Elements ", for more details.) 30 gallon cart, EOW service for townhomes: Units: Proposed $ per household (HH) per month (MO): _ $ /HH/MO Weekly service for townhomes: Units: Proposed $ per household (HH) per month (MO): = $ /11H/M0 Option #2: Contractor Owns the Refuse Carts: Proposed refuse collection fees (Exclusive of State Solid Waste Management Tax. See RFP Section 4.2, "Proposed Price Elements ", for more details.) 30- gallon cart EOW service for townhomes: Units: Proposed $ per household (HH) per month (MO): = $ /HH /MO Weekly service for townhomes: Units: Proposed $ per household (HH) per month (MO): = $ /HH /MO 2 — Form E X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Overflow bag of refuse: Additional collection fee for each overflow bag of refuse Units: Proposed $ per each overflow bag = $ /bag Portion of BCF Refuse Related to Fuel vs. Non - Fuel Costs: (See RFP Section 4.2, "Proposed Price Elements ", for more details.) Percentage of BCF- Refuse allocated to non -fuel related items Units: Percent of BCF - Refuse allocated to non -fuel costs: = % Percentage of BCF- Refuse allocated to fuel - related items Units: Percent of BCR- Refuse allocated to fuel costs: = % Total = 100% Regular Refuse Disposal Fees Note: Service levels by cart size are approximate cart capacities and not exact. (See RFP Section 4.4, "Tipping Fee Disposal Costs Shall be Itemized Separately" for more details.) Units: Proposed disposal $ per HH per MO: 30- gallon service, EOW = $ /HH/MO 30- gallon service, weekly = $ /HH/MO 60- gallon service, weekly = $ /HH/MO 90- gallon service, weekly = $ /HH/MO Refuse Cart Exchange/Replacement Delivery Fee The price to deliver a refuse cart or carts as an exchange or addition to an existing household, as a one -time price per occurrence. Units: Proposed $ per delivery occurrence: = $ /occurrence Walk - Up (Valet): Additional collection fee for each refuse /recycling monthly Walk - Up service Units: Proposed $ per each month = $ /month X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1-31-2011 docx Form E - 3 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Proposed Recyclable Collection Fees: Base Collection Fee for Recyclables (BCF - Recyclables): Option #1: City Owns the Recycling Carts Proposed recyclables collection fees (See RFP Section 3.1.1, "City -Owned Carts (Option #1) ", for more details.) Every other week (EOW) service Units: Proposed $ per household (HH) per month (MO): = $ /HH/MO Additional collection fee for each additional cart, weekly service Units: Proposed $ per extra recycling cart per HH per MO: = $ /cart/HH/MO Option #2: Contractor Owns the Recycling Carts Proposed recyclables collection fees (See RFP Section 3.3.2, "Contractor -Owned Carts (Option #2) ", for more details.) EOW service Units: Proposed $ per HH per MO: _ $ /HH/MO Additional collection fee for each additional cart, weekly service Units: Proposed $ per extra recycling cart per HH per MO: = $ /cart/HH/MO Portion of BCF - Recyclables Related to Fuel vs. Non -Fuel Costs: (See RFP Section 4.6, "Fuel Adjustments on the Fuel Portion of the BCF ", for more details.) Percentage of BCF - Recyclables allocated to non -fuel related items Units: Percent of BCF - Recyclables allocated to non -fuel costs: _ Percentage of BCF - Recyclables allocated to fuel - related items Units: Percent of BCF - Recyclables allocated to fuel costs: _ Total = 100% Proposed Recyclables Processing Fee (See RFP Section 5.1, "Revenue Sharing — RFP- Specified Formula ", for more details.) Units: $ / ton (average of all commodities under RFP- specified revenue share) = $ /ton Proposed Recyclables Revenue Share Percent (See RFP Section 5.1, "Revenue Sharing — RFP- Specified Formula ", for more details.) Units: Percent of net Contractor revenue to be credited to the City (On all commodities under RFP- specified revenue share) = 4 — Form E X:\MS \IE\2012 \125052 -00 \10300 Draft Reports \RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Proposed Yard Waste Collection Fee Annual price per household for separate yard waste collection subscription service for about eight (8) months of the year (approximately April through November). Units: Proposed $ per HH per year: = $ /HH /year Per bag overflow charge for extra yard waste collection service above the specified base level: Units: Proposed $ per overflow compostable bag of yard waste: = $ /bag Additional collection fee for each Christmas tree: Units: Proposed $ per Christmas tree: = $ /Christmas tree Portion of Yard Waste Fee Related to Tipping Fees: (See RFP Section 3.4, "Yard Waste Collection and Composting ", for more details.) Percentage of yard waste collection fee allocated to tipping fees at a yard waste composting facility or transfer station Units: Percent of yard waste fee related to tipping fees: _ What is the tipping fee this yard waste price is based on? $ Special Bulky Items Fee Price per collection occurrence by category for bulky items. (See Form F: Proposed Prices for Special Collection of Bulky Items) Clean -Up Event and Special Event Fee Fixed annual price for one (1) clean -up events (spring), approximately four hours and /or City special events. Units: Proposed $ price per hour for labor: = $ /hour Units: Proposed $ price per hour for equipment/supplies: = $ /equipment Units: Proposed $ price ton for disposal of refuse: = $ /ton Units: Proposed $ price per hour for disposal of recycling: = $ /ton Units: Proposed $ price per yard for yard waste: = $ /yard Signature of person duly authorized to sign submittal on behalf of the Proposer: Authorized Signature Date X: \MS \IE\2012 \12S052 -00 \10300 Draft Reports \RFP Draft 1- 31- 2013.docx Form E - 5 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Form F: Proposed Prices for Special Collection of Bulky Item Categories Proposed prices of bulky items that do not fit in the regular refuse collection truck and require special pick up collection service. Proposers shall specify their proposed bulky item collection rate according to the following categories (all rates should be in price per item): Items with fifty percent (50 %) metal or more, less than fifty (50) pounds (E.g. aluminum lawn furniture, lawn mower, dehumidifier, etc.): $ / item Fifty percent (50 %) metal or more, more than fifty (50) pounds (e.g. stove, refrigerator, snow blower, hide -a -bed, etc.): $ / item Less than percent (50 %) metal, less than fifty (50) pounds (e.g. ottoman, wooden chair, etc): $ / item Less than percent (50 %) metal, more than fifty (50) pounds (e.g. sofa, mattress, wooden picnic table, etc): $ / item Electronic recyclables (e.g. computer, computer monitor, keyboard, VCR, television, etc.): $ / item X:\MS \IE\2012 \ 125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx Form F - 1 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Form G: Itemized Listing of Trucks and Other Collection Equipment Technical Description of Collection Equipment and Routes Instructions: This form shall be executed by the authorized official to bind the company. Information should be completed for each different model of equipment proposed (including any spares). This list should include equipment to service the specified residential units in the City Make of Model Year # Capacity /Cubic Loading Delivery Schedule, if not Chassis & Body Yards Method Currently Owned Route Planning Assumptions Automated Routes Number of Average Average Collection Cu. Yds Crew Total Routes Stops Per Stops Per Hours Per Full Per Size Operating Load Day Load Load Hours Per Day Signature of person duly authorized to sign submittal on behalf of the Proposer: Authorized Signature Date X:\MS \IE\2012 \ 125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx Form G - 1 City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services Form H: Acknowledgement of Receipt of Addenda Please acknowledge receipt of addenda to the City's RFP for Refuse Collection Services with your signature. An opportunity to acknowledge up to five (5) addenda is included in this form but does not necessarily mean that five (5) addenda will be provided. Addendum 1 Addendum 2 Addendum 3 Addendum 4 Addendum 5 Signature of person duly authorized to sign submittal on behalf of the Proposer: Authorized Signature Date Email Address Telephone 2 — Form G X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\RFP Draft 1- 31- 2013.docx City of Shakopee • RFP Comprehensive Residential Solid Waste and Recycling Services ATTACHMENT A: TEMPLATE CONTRACT SPECIFICATIONS X:\MS \IE\2012 \125052 -00 \10300 Draft Reports \RFP Draft 1- 31- 2013.docx Draft Service Agreement Template Contract Specifications Comprehensive Residential Solid Waste and Recycling Services Project I.D.: 12S052 Prepared for the City of Shakopee, Minnesota As Attachment A to RFP Released on: Wednesday, February 20, 2013 [Embargoed for official release] Prepared by Foth Infrastructure & Environment Together with: Schaefer Consulting •Foth Schaefer Consulting, LLC City of Shakopee - Draft Service Agreement Template Contract Specifications DRAFT SERVICE AGREEMENT TEMPLATE CONTRACT SPECIFICATIONS Comprehensive Residential Solid Waste and Recycling Services Contents Page Definitions iii 1 GENERAL CONDITIONS 1 1.1 Contractor's Obligations: 1 1.2 Term of Contract 2 1.3 Payment Terms 2 1.4 Contractor's Accident Prevention 2 1.5 Damage to Property 2 1.6 Inspection 3 1.7 Compliance with Laws, Ordinances and Regulations 3 1.8 Taxes, Licenses and Permits 4 1.9 Independent Contractor 4 1.10 Title to Refuse, Recyclables and Yard Waste 4 1.11 Assignment and Subcontracting 4 1.12 Transfer of Interest 5 1.13 Performance Bond 5 1.14 General Indemnification 5 1.15 CERCLA Indemnification: 6 1.16 Insurance 6 1.17 Default and Termination 9 1.18 Force Majeure 9 1.19 Liquidated Damages 10 1.20 Escrow Account 11 1.21 Communication Procedures to Notify Contractor of a Contract Violation 11 1.22 Notices 11 1.23 Severability 11 1.24 Governing Law and Venue 12 1.25 Right to Require Performance 12 1.26 Option to Change Service; Amendments 12 1.27 Anti - Discrimination 12 1.28 Data Practices Act 13 1.29 Record Keeping / Audits 13 2 SPECIAL CONDITIONS 13 2.1 Customer Service 13 2.2 Employees and Conduct 15 2.3 Vehicles 15 2.4 Routing and Collection Schedule 16 2.5 Holiday Collection Schedule 18 2.6 Hours and Standards of Collection: 18 X:\MS \IE\2012 \12S052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx Contents 2.7 Contractor Records 19 2.8 Public Education 19 3 REFUSE COLLECTION, PROCESSING AND DISPOSAL - SPECIFICATIONS 20 4 RECYCLABLE COLLECTION AND PROCESSING - SPECIFICATIONS 20 4.1 Collection 20 4.2 Recyclables Carts 21 4.3 Recyclables Processing 22 4.4 Recyclables Revenue Sharing 23 4.5 Recycling Public Education 23 5 YARD WASTE COLLECTION AND PROCESSING 24 5.1 Collection 24 5.2 Processing 24 5.3 Price and Payment 25 5.4 Yard Waste Public Education 25 6 ORGANIC WASTE COLLECTION PLAN 26 7 BULKY ITEMS AND OTHER SPECIAL COLLECTIONS 26 8 COLLECTION FROM CITY BUILDINGS AND PARK FACILITIES 26 8.1 Recyclables Collection at City Parks (new, proposed service) 26 8.2 Cardboard Dumpster at City's Public Works Garage 27 9 SPRING CLEAN UP DAY AND OTHER SPECIAL EVENTS 27 Appendices APPENDIX A - Map of Current Residential Collection Sectors and Weekly Schedule APPENDIX A - Map of Current Alley Collection Schedule APPENDIX B List of City Buildings, Parks and Other Facilities to Be Served by the Contractor ii X:\MS \IE \2012 \12S052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications DRAFT SERVICE AGREEMENT: TEMPLATE CONTRACT SPECIFICATIONS Comprehensive Residential Solid Waste and Recycling Services Definitions Words, phrases, or other expressions used in these contract documents [AND IN THE RFP] shall have meanings as follows: Administrator The City Administrator of the city of Shakopee, Minnesota or his/her duly authorized representative. Automated collection Refuse, recycling and yard waste collection trucks can be equipped with automated cart lifting devices. Automated collection systems can be "fully automated" with robotic cart lifting arms whereby the driver does not have to leave his truck cab. Automated collection can also be "semi- automated" whereby a collection crew person must manually attach the cart to a lifting device that then mechanically tips the cart's contents into the truck hopper. Base Collection Fee Base collection price per this Contract for trash and recycling (BCF) collection services. The BCF does not include: disposal fees; prices or costs of other services (i.e. yard waste, bulky items, etc.); taxes; or other government or Contractor administrative fees. Bulky items Bulky items, bulky waste or other large items shall include all items that are too large, too valuable, or contain hazardous components such that they can not be collected with the normal refuse service. Bulky items include such materials as mattresses, bed box springs, sofas, couches, large appliances or "white goods" (e.g., refrigerator, freezer, washers, dryers), and other appliances (e.g., dehumidifiers, air conditioner). Bulky items shall not include, non - containerized garbage, loose and scattered trash. Other bulky item materials may be mutually agreed upon between the City and Contractor. Carts A uniform container furnished by the Contractor and /or the City, in which recyclable, refuse, organics and yard waste materials can be stored and placed curbside for collection as specified by the City and delivered, maintained and inventoried by the Contractor. The Containers shall be made of heavy duty plastic which have a thirty (30) to ninety (90) gallon capacity and are equipped with a tight fighting lid, with a minimum strength of fifty (50) pounds. X: \MS \IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx in City of Shakopee — Draft Service Agreement Template Contract Specifications The color and labeling of the carts must distinguish them from each other. City The City of Shakopee, Minnesota a municipal corporation, acting through its duly appointed officers, employees, agents and representatives. City Council The City Council of the City of Shakopee, Minnesota. Code of ordinances The City of Shakopee Code of Ordinances; inclusive of Section 3.15 of the Shakopee City Code. Collection service Collection service is the operating function of trucks and labor to collect a specified material on the route. This does not include the functions of disposal or unloading of material at a facility. Compostable bags Compostable bags are required by Minnesota Statute (M.S. 115A.931, Subd. (c) and M.S. 325E.046) for collection of any yard waste that is not contained loose in the yard waste cart. Such compostable bags set outside of the yard waste cart shall be defined as "overflow" yard waste for purposes of this Contract. Contract This legal agreement executed between the City and the Contractor. The contract shall include, but not limited to, the RFP document, RFP Addenda, the Contractor's proposal in response to the RFP, and the Contractor's response to any City questions. These additional documents are incorporated herein to this Contract by reference. If in conflict, this Contract shall take precedence. Contractor The corporation, company, partnership, firm, or individual that is awarded the Contract for refuse, recyclable and yard waste collection and its, his/her, or their duly authorized representatives. Date of contract The date written in the first paragraph of the Contract (or equivalent words) Agreement. Family unit Any number of individuals living and cooking food together on the premises as a single housekeeping unit. Finance Director The Director of Finance of the City of Shakopee, Minnesota. Mixed MSW Processing Mixed municipal solid waste (MSW) processing facility includes Facility the structures and equipment 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. iv X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications 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 "mixed MSW processing facility" even if some materials, substances or energy are recovered during waste consolidation and transfer operations. Organic waste Source separated residential compostable waste such as food waste, soiled paper, and household plants that are acceptable to local composting facilities. Excludes pet waste, diapers and other prohibited items to be specified by the Contractor. Overflow bags Extra amounts of refuse or yard waste whereby a resident sets "extra" bags of materials that would not fit in the cart. The collection service is generally ordered on an "on- call" basis and residents may need to pay the Contractor an extra fee for collection of such overflow bags. Pay As You Throw Variable rate pricing for residential refuse collection service (PAYT) whereby the rate charged for a 30- gallon cart of refuse is less than a 60- gallon cart which is also less than a 90- gallon cart and so on. PAYT rate increments are the percent difference in prices between each level of service. Prohibited waste from Any hazardous substance, hazardous waste, industrial process residential refuse waste, commercial waste, building or demolition waste, hazardous hospital waste, yard waste, pollution control waste, potentially infectious medical waste, special wastes, and used oil, all as defined by Minnesota law. 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. Recyclables The current list of recyclables is defined with Section 4.1.B of this Service Agreement. Other materials may be added (or deleted) as mutually agreed upon between the City and Contractor. Refuse All discarded and unwanted putrescible and non - putrescible household and kitchen wastes, including, but not limited to, food, food residues, and materials necessarily used for packaging, storing, preparing, and consuming food, usually called "garbage;" medical waste generated as general household waste; cold ashes; animal waste; and other materials as mutually agreed upon between the City and Contractor. Refuse shall specifically exclude prohibited waste. X:\MS\IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx v City of Shakopee — Draft Service Agreement Template Contract Specifications Removal Includes both collection and disposal (or recovery) services. The disposal and recovery (e.g., transfer and/or recycling) services must comply with all specifications in this RFP as well as County policies and State statutes. Residential unit Residential dwelling units, including 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 ". Special wastes All wastes, which are not defined as residential refuse. 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. Subcontractor Refers only to a corporation, partnership, firm or individual having a direct contract with the Contractor for performing work in connection with this Contract. Town home A town home is like smaller style home, but usually as part of a larger complex, like an apartment building. Town homes can be fully detached or share walls like traditional apartments. Usually a town home is owned as an individual residential unit even, although it is part of a larger development complex, and is therefore often defined as an "attached" single - family home. Walk In ( "Valet ") Special collection of trash from the side of the house or garage. For these stops, the Contractor actually walks the cart(s) down to the curb, empties the cart(s) and walks it back to its original location. Yard waste All yard and garden waste items that must be diverted from the landfill in order to comply with the requirements of Minnesota Statutes and County policies. Those items include grass, leaves, pruning, twigs and small branches. Yard waste shall not include, garden waste, 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. vi X:\MS \IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications 1 GENERAL CONDITIONS 1.1 Contractor's Obligations: In strict accordance with the terms of this Contract and at its sole cost and expense, the Contractor shall provide all of the labor, materials, necessary tools, expendable equipment, supplies, vehicles, transportation services, recyclables collection and processing and yard waste collection and recovery /disposal arrangements required to perform and complete the collection, recovery and disposal of refuse, yard waste, organics and recyclables from residential units within the MUSA (city sewered) limits of the City. The Contractor must arrange for adequate disposal facilities or methods for refuse resource recovery, recycling, organic wastes and yard waste composting as part of the Contract. A. The Contractor is obligated to pick up and transport for recovery or disposal of ALL eligible Contract materials during the contract term at the Contract price regardless of volume generated. B. The Contractor is strictly prohibited from mixing any waste from any City residential route with any commercially generated waste. C. For informational purposes, the City shall provide the Contractor the initial 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 under this Contract. D. Said computerized list shall be maintained and updated by the Contractor in electronic format such as Microsoft Excel spreadsheet and /or Access database. E. The computerized listing shall be updated each calendar quarter and shall be made available at no cost to the City. F. It will be the Contractor's responsibility to electronically maintain and update the collection route maps on a form and format to be specified by the City. G. The Contractor shall maintain a current record of all residential accounts for: ♦ City -wide refuse; ♦ City -wide recycling services; ♦ Subscription organic waste services; and ♦ Subscription yard -waste services. H. Annual Report ♦ An annual report will be required. [SEE RFP SECTION 3.14, "ANNUAL REPORT ", FOR DETAILED RFP SPECIFICATIONS.] X:\MS \IE\201 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx 1 City of Shakopee — Draft Service Agreement Template Contract Specifications 1.2 Term of Contract A. This contract shall become effective on June 1, 2014, and shall remain in full force and effect through May 31, 2019. B. At the expiration of the initial contract term, the City, at its sole discretion, may extend the contract for up to two (2) periods of two (2) years each under the same prices and terms of the Contract 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. 1.3 Payment Terms Payment terms must be itemized per City requirements. [SEE RFP SECTION 4, "PAYMENT TERMS ", FOR DETAILED RFP SPECIFICATIONS.] 1.4 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 Contract. D. The Contractor shall immediately notify the City of any release of vehicle fluids (e.g., fuel, coolant, hydraulic fluid, brake fluid, etc.) or load contents onto City streets or otherwise into the environment. E. Upon City's request, the Contractor shall provide the City with a written report including the details of any such accident and the measures used to remedy the accident or clean up any spill. 1.5 Damage to Property A. The Contractor shall take all necessary precautions to protect public and private property during the performance of this Contract. B. Except for reasonable wear and tear, the Contractor shall repair or replace any private or public property, including, but not limited to sod, mailboxes, or waste, recycling, organic waste or yard waste carts, which are damaged by the Contractor. 2 X:\MS \IE \2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications C. Such property damage shall be addressed for repair or replacement, at no charge to the property owner, within forty-eight (48) hours with property of the same or equivalent value at the time of the damage. If damage occurs during months when repairs cannot be made (e.g., winter for landscape repairs), the Contractor will make arrangements with the property owner within forty -eight (48) hours as to when such repair will be made. D. If the Contractor fails to address the repair or replace damaged property within forty- eight (48) hours, 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 the City for any such expenses within ten (10) days of receipt of the City's invoice. 1.6 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 representative 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. 1.7 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 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 terminate his/her obligations hereunder, unless said amendments make the completion of this contract impossible. X:\MS\IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx 3 City of Shakopee — Draft Service Agreement Template Contract Specifications 1.8 Taxes, Licenses and Permits A. 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. 1.9 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 to any 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. 1.10 Title to Refuse, Recyclables and Yard Waste A. Title to all refuse, recyclables, organic waste, yard waste, bulky items and other waste materials and all other incidents of ownership of the waste materials shall pass to the Contractor when such materials are placed into the collection vehicle. 1.11 Assignment and Subcontracting A. The Contractor shall not assign or subcontract the work, or any part thereof, without the previous consent of the City, 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 permitted 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 him /her, his/her 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 his /her subcontractors, and of 4 X:\MS \IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications persons either directly or indirectly employed by him/her, as he /she is for the acts and omissions of persons directly employed by him. D. 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. 1.12 Transfer of Interest The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the Contract, either by assignment or novation, without the prior written approval of the City. The Contractor shall not sub - contract any services under this Contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or sub - contract shall be grounds for immediate Contract termination. 1.13 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 $750,000. 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 better and a letter so stating shall accompany any proposal forms. 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/women, 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 of the 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. 1.14 General Indemnification A. The Contractor shall indemnify, keep and save harmless the City and its respective officers, agents and employees against all 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 X:\MS\IE\2012 \125052 - \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx 5 City of Shakopee — Draft Service Agreement Template Contract Specifications or his/her employees, or his/her 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 his/her 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 shall be retained until the liabilities as aforesaid are fully discharged or satisfactorily secured. 1.15 CERCLA Indemnification: A. 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, 2. Not properly delivered as specified in this Contract to a mixed MSW resource recovery facility, or 3. In the case of recyclables, organic waste, or yard waste, not properly handled, collected or delivered for processing by the Contractor in violation of this Contract. 1.16 Insurance A. The Contractor is required to maintain and furnish satisfactory evidence of the following insurance policies: 1. Workers' Compensation Insurance - The Contractor must provide Workers' Compensation insurance for all its employees and, in case any work is subcontracted, the Contractor will require the subcontractor(s) to provide 6 X:\MS\IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications Workers' Compensation insurance in accordance with the statutory requirements of the City, including Coverage B, Employer's Liability. Insurance minimum limits are the minimums prescribed by applicable law or the following whichever is greater: a. Bodily injury by Disease per employee: $100,000 b. Bodily injury by Disease aggregate: $500,000 c. Bodily injury by Accident: $100,000 2. Commercial General Liability Insurance - Contractor is required to maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the Contract whether the operations are by the Contractor or by a subcontractor or by anyone directly or indirectly employed by the Contractor under the contract. Insurance minimum limits are as follows: a. Per occurrence: $2,000,000 b. Annual aggregate: $2,000,000 c. Annual aggregate — Products /Completed Operations: $2,000,000 The following coverages shall be included: a. Premises and Operations Bodily Injury and Property Damage b. Personal and Advertising Injury c. Blanket Contractual Liability d. Products and Completed Operations Liability 3. Commercial Automobile Liability Insurance - Contractor is required to maintain insurance protecting it from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance or use of autos which may arise from operations under this contract, and in case any work is subcontracted the contractor will require the subcontractor to maintain Commercial Automobile Liability insurance. Insurance minimum limits are as follows: a. Per occurrence Combined Single limit for Bodily Injury and Property Damage: $2,000,000 In addition, the following coverages should be included: Owned, Hired, and Non - owned Automobile. X:\MS\IE\2012 \125052 -00 \10300 Draft Reports\Service Agreement Draft 1- 31- 2013.docx 7 City of Shakopee — Draft Service Agreement Template Contract Specifications 4. Additional Insurance Conditions: a. Contractor's policy(ies) shall be primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor's performance under this contract; b. Contractor's policy(ies) and Certificate(s) of Insurance shall contain a provision that coverage afforded under the policy(ies) shall not be cancelled without at least thirty (30) days advanced written notice to City; c. Contractor's policy(ies) shall include legal defense fees in addition to its liability policy limits; d. Contractor shall obtain insurance policy(ies) from insurance company(ies) having an "AM BEST" rating of A- (minus); Financial Size Category (FSC) VII or better, and authorized to do business in the State of Minnesota; and e. An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor's policy limits to satisfy the full policy limits required by the Contract. B. The City of Shakopee, its agents and employees shall be included as additionally named insureds on the insurance policies required by paragraphs 1.16.A(2), 1.16.A(3), and 1.16.A(4). C. The City reserves the right to immediately terminate the contract if the contractor is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against the contractor. All insurance policies must be open to inspection by the City, and copies of policies must be submitted to the City's authorized representative upon written request. The Contractor and any subcontractor(s) shall furnish certificates of insurance by April 1, 2014. D. The above requirements should not be interpreted to limit the liability of the Contractor under this Contract. E. This coverage shall protect the Contractor, its employees, agents, representatives and subcontractors against claims arising out of the work performed. F. 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. 8 X:\MS \IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications G. 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. 1.17 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 him/her 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 his/her 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 his/her Surety of the City's intention to terminate this contract. B. Unless within five (5) days after the serving of such notice, 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. Should such costs to the City be greater; the Contractor and its Surety shall be liable for and pay any amount of such excess to the City. D. In the event of Contractor's default under the terms of this contract, all payments due to the Contractor from residential customers 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. 1.18 Force Majeure A. Whenever a period of time is provided for in this Contract for either the City or the Contractor 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. X:\MS\IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx 9 City of Shakopee — Draft Service Agreement Template Contract Specifications 1.19 Liquidated Damages The following acts or omissions shall be considered a breach of the Contract and for the purpose of computing liquidate damages under these provisions. 1. Failure to clean up solid waste spilled by Contractor within six (6) hours of oral or written notification: $50 each instance. 2. Failure to clean vehicle, conveyance, containers, docks, shops, yards, and other equipment as provided for in the specifications: $100 each instance. 3. Failure to maintain vehicle in manner which prevents nuisances such as leaky seals or hydraulics $250 each instance. 4. Failure or neglect to collect solid waste, yard waste, organic 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 each instance. 5. Failure or neglect to provide notice to resident upon solid waste, yard waste, organic waste or recycling refused for collection for cause: $25 each instance. 6. Failure to return containers to original location and/or replace lids per specifications at the time the container is emptied: $50 each instance. 7. Failure to 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: $1,000 each instance. 8. Failure to collect specified solid waste, yard waste, organic waste, or recyclables within the timeframes specified, which are properly prepared and placed for collection: $25 each instance. 9. Missing entire blocks /neighborhood. A missed block is defined as a block where residents from at least three (3) households within two (2) intersections of that block or cul -de -sac report that their material was out before 7:00 am, the material was not picked up: $250 each instance. 10. 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: $2,500 per instance. 11. Failure to maintain required records: $250 each instance. 12. Failure to submit annual report by the deadline specified: $500 each instance. 13. Failure to retain specified weight tickets: $100 each instance. 14. Failure to execute public education requirements: $1,500 each instance. 15. In addition to above, failure or neglect to correct chronic problems will be considered a breach of Contract: $50 each instance. 10 X:\MS\IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications 1.20 Escrow Account A. The Contractor must maintain a minimum cash balance deposit in an escrow account of $2,500 with the City to be used for payment of any liquidated damages. The escrow shall be deposited in an interest bearing account and any unused portion shall be returned to the Contractor, with any accrued interest, at the end of the Contract period. The accrual of said interest shall begin and end with the commencement and termination of the Contract. The City shall return any unused portion of the escrow, along with accrued interest, to the Contractor within 90 days of the termination of the contract. The Contractor must request the refund be made; however, the City may initiate the payment. B. The Contractor shall resubmit money to rebuild the escrow account back up to $2,500 anytime the balance goes below $200. 1.21 Communication Procedures to Notify Contractor of a Contract Violation The City will notify the Contractor in writing and /or orally documenting the nature of any violation of the Contract or other law or rule. The Contractor shall then have the opportunity to address and remedy the issue at which point the City shall determine if a liquidated damage is still appropriate at the City's sole determination. The Contractor shall notify City in writing within twenty -four (24) hours of its remedy, unless the nature of the violation requires immediate remedy i.e. spillage on the road, etc. 1.22 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 Attn: City Administrator 129 South Holmes Street Shakopee, MN 55379 E -mail: admin @ci.shakopee.mn.us B. Either party may change the address to which notices may be sent by furnishing written notice of such change to the other party. 1. 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 U.S.P.S. postmark. 1.23 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, X:\MS\IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx 11 City of Shakopee — Draft Service Agreement Template Contract Specifications sentence or clause not adjudged to be invalid so long as the material purposes of this Contract can be determined and effectuated. 1.24 Governing Law and Venue Any suits at law or in equity arising out of or concerning the Contract shall be venued in Scott County District Court, Scott County, Minnesota. 1.25 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 same. 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 1.26 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, yard waste, organic waste or recycling. 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 Contract shall be in writing and shall be signed by the parties. E. This Section does not apply to changes in solid waste, yard waste, organic waste or recycling volume due to expansion of the number of households in the City or growth in solid waste, yard waste, organic waste or recycling participations. 1.27 Anti - Discrimination The Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the 12 X:\MS \IE\2012 \12S052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no Contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause one (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this Contract may be canceled or terminated by the city, and all money due, or to become due, under the Contract may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 1.28 Data Practices Act The Contract to be awarded will be subject to the Minnesota Government Data Practices Act and will include the following provision: Pursuant to Minnesota Statutes § 13.05, Subd. 11, all of the data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and the Contractor must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes § 13.08 apply to the Contractor. The Contractor does not have a duty to provide access to public data to the public if the public data are available from the City, except as required by the terms of this contract. 1.29 Record Keeping / Audits The Contract to be awarded will be subject to record keeping and audit requirements and will include the following provision: Pursuant to Minnesota Statutes § 16C.05, Subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of the Contractor, that are relevant to the contract or transaction, are subject to examination by the contracting agency and either the legislative auditor or the state auditor, as appropriate, for a minimum of six (6) years. Contractor shall maintain such records for a minimum of six (6) years after final payment. 2 SPECIAL CONDITIONS 2.1 Customer Service A. The Contractor shall establish and maintain a local phone number to which the public and City personnel may call or send inquiries and complaints, and from which the public and City personnel may receive information and instructions. X:\MS\IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx 13 City of Shakopee — Draft Service Agreement Template Contract Specifications B. The Contractor shall also include in public education literature the City phone number and email address(es) for residents to contact if they need further information or if they need to submit a customer service complaint to the City. C. The Contractor shall provide the Administrator with information concerning the location, telephone number(s), email address(es), website(s) and mailing addresses of the customer service office established above, the garage and maintenance facilities, the solid waste, yard waste, organics and recycling processing facilities, and any other facility that will be used in the provision of services under this Contract. D. The Contractor shall provide the Administrator with information concerning the Contractor's designated person(s) for the purposes of obtaining instructions, answering inquiries, and resolving complaints. Such persons shall be available to discuss, and if necessary meet with City personnel to resolve problems. E. The Contractor shall provide the City with at least one (1) telephone number, which may be used by City personnel to communicate with the Contractor after regular business hours or during an emergency. F. 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. G. 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. H. The Contractor shall provide a single local or toll -free telephone number, email address and website address for customer use. The City may publicize the Contractor's customer service telephone number, email and website address. I. Phone calls to the Contractor for any reason must be answered by a "live person" rather than a recording within one (1) minute of call connection or roll over to an answering machine /voice mail system to leave a message. The Contractor may have music or City - approved educational information during the one (1) minute delay but no "prompts" of any kind. Return calls to voice mail messages must be returned within one (1) hour during the hours of 7:30 a.m. to 4:00 p.m. during regular business hours. Voice mail messages left after 4:00 p.m. must be returned prior to 8:30 a.m. the next business day. Recorded messages of the Contractor shall request a daytime phone number where the caller can be reached. Contractor may also request a daytime email address for customers in addition to a daytime telephone number. J. The Contractor shall provide for a City of Shakopee specific quarterly informational brochure /newsletter, agreed upon by the City, to all Shakopee customers with information on contact numbers, recycling, yard waste organic waste and refuse updates, informational tips and any changes in the law and the like. 14 X:\MS \IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications K. 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 Contract. 2.2 Employees and Conduct A. The Contractor shall use care and diligence in the performance of this Contract and shall perform all collection and disposal services required by this Contract 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 doctor's prescription, while on duty, or in the course of performing their duties under this Contract. D. If the City determines that any of the Contractor's employees are unfit or unsuitable to perform the services under this Contract 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 employee 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. 2.3 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 as submitted with the Contractor's 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. X:\MS\IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx 15 City of Shakopee — Draft Service Agreement Template Contract Specifications 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, telephone number, email and website address 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 in a manner approved by the County and State so that none of the material from the equipment is released into the storm water sewer system or otherwise released untreated into the environment. All collection and transportation equipment shall be steam cleaned (weather permitting), inside and out, at least once each week. 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. F. All vehicles shall be equipped with appropriately designed hoppers to reasonably prevent wind -blown litter from escaping into the environment. G. All vehicles must be equipped with the necessary tools and supplies for cleanup of any materials accidently spilled during any and all loading and collection operations. These tools and supplies shall include, but may not be limited to: shovel, broom and absorbent product for soaking up liquid spills. 2.4 Routing and Collection Schedule A. The City shall be divided into five (5) sectors for the purpose of collecting refuse, recyclables, organic waste and yard waste. Each sector shall be scheduled to receive all collection services on the same day (with recyclables collected every other week). Appendix A -1 to this Contract provides general maps of the City's current collection sectors and weekly schedule. B. Refuse collection services shall be provided once per week, Monday through Friday, year round to all designated residential units within the City's corporate limits. Recyclables shall be collected on the same day as refuse, but every other week. Yard Waste collection shall be provided on the same day as refuse, once per week, Monday through Friday, from approximately mid -April until the week prior to Thanksgiving, or such time as winter curtails yard waste season. A timeframe will be allotted for holiday tree and wreath pickup in the months of December and 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. 16 X:\MS \IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications C. If any changes in the collection sectors are proposed, by November 1, 2013, the Contractor shall submit for City approval a detailed collection route map indicating the areas in the City proposed to be collected for each day of the week within the designated sectors. The proposed routes shall be designed to minimize the changes to collection days for residents and the existing truck route system, and assure geographic continuity. The City shall approve the proposed route map in writing as soon as practicable after it has received the Contractors proposed map. If rejected by the City, 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, 2014. D. The current alley route map(s) is attached in Appendix A -1. The Contractor may propose an alternate route schedule for areas of the City with frequent alley collection. The proposed new alley routes should minimize changes to the collection days for residents, disruption to the existing truck route system and optimize geographic continuity throughout the City. The intent of second tier of collection zones in the alleys 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 (C) above. E. Upon approval of the routes, and if there any changes to any residents' collection days, the Contractor shall at a minimum, produce and pay for a full page map to be published in the City's designated legal newspaper and post on the Contractor's and City's websites during the months of May and June, 2014. The map shall delineate the new collection sectors and highlight any changes to residents' collection days. General information about the service shall accompany the map. F. In addition the Contractor shall provide the City with color map(s) delineating the collection sectors that can be copied and distributed to the public on an 8 1/2 x 11 inch format. G. The Contractor may, from time to time, submit its written request to the City Administrator to amend the approved schedule and collection sectors. H. 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. I. 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 Contract. J. 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. K. 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 affected by X:\MS\IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx 17 City of Shakopee — Draft Service Agreement Template Contract Specifications the changes to explain the reasons for the changes and the date on which the change will become effective. The content and distribution of any such letter shall be subject to the City's prior written approval. L. 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. M. If the City approves any change of the sector boundaries or the collection schedule, the Contractor shall, at its own expense, take out an ad to be published in the City's designated legal newspaper and post on the Contractor's and City's websites during the month prior to the effective date of the change to describe the change to residents. N. 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. 0. During the week following the change, the Contractor shall attach a notice to carts of any resident that has set out their cart on the old collection day schedule. P. 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 (2) days for collection. 2.5 Holiday Collection Schedule A. When a holiday falls on a collection day for any given route, the solid waste, yard waste, organic waste and recyclables will be collected on the following day. Each subsequent collection day will be delayed one (1) day until the end of the week in which the holiday fell. For the purpose of the contract the following are recognized holidays: 1. New Year's Day, Christmas Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day 2.6 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 Contract 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, organic waste, yard waste and other contracted materials (e.g., bulky items) from the designated collection 18 X:\MS \IE\2012 \125052 -00 \10300 Draft Reports\Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications 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 at the curb line (or in those areas on alley routes or without curbs, close to the edge of the alley line or pavement), to facilitate collection by the Contractor. F. The Contractor shall use best efforts to close all cart lids, return all empty carts at each stop to the general location at which they were found. Empty carts 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 cart will block a driveway or sidewalk or fall or roll into the street. G. The Contractor shall handle all carts 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. H. The City shall enact and reasonably publicize and enforce all ordinances and any additional instructions for residents which may be necessary to achieve compliance with the requirements of this Contract by anyone within the City, including residents. 2.7 Contractor Records A. 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, organic waste and yard waste disposal system and any associated waste recovery operations. The Contractor shall also submit monthly reports in to the City the actual tonnage of recyclables, refuse, organic waste and yard waste as required by the City. Said records and accounts shall at all reasonable times be open to inspection by the City and its agents. B. The Contractor shall maintain records as to the number of households that set out recyclables by truck route. These set out counts shall be recorded by the Contractor at the time each load of recyclables is tipped for unloading along with the weight. Thus, the route data for that load shall include: date, time, tonnage, number of households setting out recyclables collected for that load, and total number of households served (including those households not setting out recyclables). The route log shall also include any other driver comments or notes about special conditions or circumstances encountered on that route. 2.8 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, yard waste, organic waste or recyclable materials placed the curb. The notice shall be designed and printed by the Contractor and shall indicate the reason waste material X:\MS\IE\2012 \12S052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx 19 City of Shakopee — Draft Service Agreement Template Contract Specifications was not collected. The notice shall include the name, telephone number, e -mail and website address 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 (e.g., adhesive back, tie -on tag, etc.). B. The Contractor shall cooperate with the City and civic organizations service City residents in educational activities to promote citizen awareness of the residential solid waste, recycling, organic waste and yard waste programs, including, but not limited to facility tours, quarterly newsletters, and participation in special events. 3 REFUSE COLLECTION, PROCESSING AND DISPOSAL - SPECIFICATIONS Refuse collection, processing and disposal operations must meet City requirements. [SEE RFP SECTION 3.1, "REFUSE COLLECTION, PROCESSING AND DISPOSAL ", FOR DETAILED RFP SPECIFICATIONS.] 4 RECYCLABLE COLLECTION AND PROCESSING - SPECIFICATIONS Recyclables shall be collected by the Contractor on a City -wide basis to all eligible residential units served under this Contract. Residents may choose to set out properly sorted and prepared recyclables during any designated recycling collection day as per the City - established recycling collection routes and schedule. Single- stream recyclables shall be collected every other week as per this Contract and the standards established by the City. Eligible City residents will be required to use the City - designated wheeled, lidded recycling carts for storage and curbside collection. [NOTE: THIS DRAFT OF THIS SERVICE AGREEMENT CONTRACT TEMPLATE IS BASED ON THE ASSUMPTION THAT THE CITY WILL CHANGE TO SINGLE - STREAM RECYCLING FOR THE NEXT CONTRACT. APPROPRIATE EDITS WILL BE MADE THROUGHOUT THIS DOCUMENT IF THE CITY DECIDES INSTEAD TO RETAIN ITS DUAL - STREAM RECYCLING SYSTEM.] [SEE RFP SECTION 3.2, "RECYCLABLES COLLECTION, PROCESSING AND MARKETING ", FOR ADDITIONAL DETAILED RFP SPECIFICATIONS.] 4.1 Collection A. The Contractor will collect all properly prepared and placed recyclables from residential units on the same day as regular refuse collection, but collected every other week. B. Recyclable materials to be included as part of the city's single- stream recycling system include, but are not limited to: 20 X:\MS \IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications Paper Items: Old newspapers (including inserts), magazines, phone books, office and school papers, household office paper and junk mail, boxboard such as snack and cereal boxes, frozen food boxes, pop /beer /water boxes, pizza boxes, and corrugated cardboard. Glass: Food and beverage containers including glass jars and bottles. Plastic: Food and beverage containers including rigid plastic containers (coded with symbols #1, #2, #3, #4, #5, #6 and #7, including small tubs (such as for margarine and yogurt containers), clam shell containers and the lids / caps. Metal: Beverage, food and pet food containers including aluminum and tinned -steel cans. Aseptic cartons: such as juice boxes and milk cartons. Other materials: The Contractor may propose additional materials be added to the list. C. Additionally, in accordance with the City and Scott County policies, recyclable items may be added to this list, at which time, the Contractor will be required to collect the additional materials within six months, or less, of receiving written notification from the City. D. Additionally, in accordance with the City and Scott County policies, items may be deleted from this list, at which time; the Contractor will be required to drop the deleted materials within six (6) months, or less, of receiving written notification from the City. 4.2 Recyclables Carts [NOTE: • ALTERNATIVE #1 IS WRITTEN UNDER THE "CITY OWNS THE CARTS SCENARIO" • ALTERNATIVE #2 IS WRITTEN UNDER THE "CONTRACTOR OWNS THE CARTS SCENARIO ".] A. The Contractor shall deliver each residential unit with a recycling cart. The Contractor shall list a customer service contact phone number, email and website address on at least one (1) the side of the cart. B. [ALTERNATIVE #1 — CITY OWNS THE CARTS] The recycling carts shall have the City's name, logo and City's website address, on one (1) side of the cart. The Contractor shall use an adhesive sticker to also display its name, phone number, email and website address on the other side of the cart. C. [ALTERNATIVE #2 — CONTRACTOR OWNS THE CARTS] The Contractor shall decide how to best display its name, phone number, email, website address and logo on at least one side of the cart. X: \MS \IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx 21 City of Shakopee — Draft Service Agreement Template Contract Specifications D. Each recycling cart shall be delivered complete with a single- stream recycling brochure provided by the Contractor explaining what materials are acceptable and prohibited and how to best prepare the materials for recycling. These resident instructions shall assist the Contractor in the performance of their work and to inform and educate the public. E. Recycling carts and the single- stream brochure shall be delivered throughout the term of the Contract to any newly constructed home(s) and to any newly annexed properties /sub- divisions that have been certified by the City to be included in this Contract. F. Lost and stolen recycling carts shall be replaced by the Contractor if the resident can document their cart was legitimately lost or stolen. G. The Contractor shall provide for all cart transportation from the manufacturer, assembly, distribution, maintenance, repair, and cart inventory management. H. The Contractor may charge a resident customer a reasonable replacement or repair fee if the resident misuses or abuses their recycling cart or fraudulently reports a lost or stolen cart. The City shall be notified in writing of any such incident including sufficient details (e.g., address, date, reason for replacement, etc.). 4.3 Recyclables Processing A. The Contractor shall not dispose of recyclables in any landfill, resource recovery facility, or other mixed waste processing facility nor knowingly convey recyclables to any other person that disposes recyclables in a landfill or other mixed waste facility without the express written consent of the City. B. The Contractor shall document that it has access to adequate recyclables processing facility capacity to process and prepare for the market or transfer for processing elsewhere the materials listed above. The Contractor shall document that the designated recycling facility (or facilities) shall comply with all local, state, federal regulations that are in effect. If the recycling facility proposed to be used by the Contractor is under design, construction, or renovation, the exact status and completion schedule shall be provided to the City in writing. C. The Contractor's designated recycling facility (or facilities) shall be properly zoned for all proposed recycling activities. D. The Contractor shall keep records to estimate the quantity of individual items recycled, and shall issue a monthly report to the City as to the estimated quantity of each material collected and processed during that month. E. The City shall have the right, during the term of the Contract, to have a representative visit the Contractor's designated recyclables processing facility (or facilities) to monitor the operation of the Contract. The Contractor shall make reasonable provisions for such site City visits. 22 X:\MSUE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications 4.4 Recyclables Revenue Sharing A. The Contractor shall provide a quarterly recyclables revenue sharing credit check and report to the City. The revenue sharing credit check and report shall be based on the net proceeds of the sale of all recyclable materials collected the previous quarter in the City, if there are positive net proceeds from the sale. Net proceeds are defined as the revenues received from the sale of all recyclable material minus processing charges. B. The Contractor shall retain all truck scale weight ticket receipts for the delivery of recyclable materials from the City to a recyclables materials facility for a period of three (3) years. These weight ticket receipts shall be provided for City inspection at any time based upon reasonable notice. C. 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 Contract. D. Any reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract 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 Contract. 4.5 Recycling Public Education The Contractor shall have primary responsibility to inform and educate City residents about the availability and preparation instructions for recyclables collection. A. The Contractor shall, at a minimum, provide information about recyclables collection and preparation instructions on the required annual calendar, Contractor's website for Shakopee, and via recycling cart hang tags (or suitable alternative) when the recycling carts are distributed to residents. B. The Contractor shall use City - designated recycling carts that are clearly labeled "Recyclables Only" and in a different color to contrast with the colors of the refuse and yard waste carts. C. The Contractor shall design and install adhesive stickers to the lid of the single- stream recycling cart that list the acceptable recyclable materials. A draft of this sticker shall be submitted to the City for approval 30 days prior to the printing of the stickers. The City must give its written approval of the sticker prior to finalization and printing. D. The Contractor may reject unacceptable material from its recyclables collection operations but then must inform the resident as to the reason for material rejection (e.g., X:\MS\IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx 23 City of Shakopee — Draft Service Agreement Template Contract Specifications prohibited items, improper preparation of materials, etc.) by leaving educational tags to those residents. 5 YARD WASTE COLLECTION AND PROCESSING [SEE RFP SECTION 3.4, "YARD WASTE COLLECTION AND COMPOSTING ", FOR ADDITIONAL DETAILED RFP SPECIFICATIONS.] 5.1 Collection Separate curbside collection of yard waste shall be a "subscription" or voluntary option for City residents as specified below. Yard waste service shall be arranged between the subscribing residents and the Contractor. Residents may elect to manage their yard waste using other approved methods (e.g., backyard composting, mulching, self -haul to approved composting facilities, self -haul to approved drop- off /transfer sites, etc.). A. The Contractor shall collect all properly prepared and placed yard waste in wheeled yard waste carts or compostable bags for yard waste from residential units on the same day as regular refuse collection. B. Yard waste shall be collected weekly on a seasonal basis from approximately mid -April (or as soon as the Scott County Highway Department lifts the spring roadway weight limits) up through the week prior to Thanksgiving, or such time as winter weather curtails yard waste operations. Christmas trees and other holiday wreaths shall be collected throughout December and January each year. 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. C. Contractor shall provide separate yard waste collection service only when residents request and pay for this additional service by contacting the Contractor. 5.2 Processing A. Yard waste shall not be disposed of in any landfill as per Minnesota statutes and County policies. B. The Contractor shall make its own arrangements for disposal of yard waste collected from within the City. C. The Contractor shall at all times receive City written approval of proposed yard waste composting facilities and /or transfer stations used to manage the yard waste collected from within the City. The City retains the right to approve the Contractor's yard waste composting and /or transfer facilities. The City retains the right to reject the Contractor's selection of yard waste composting and /or transfer facilities. The Contractor may request a change to the agreed upon price for yard waste collection and disposal services if the City rejects its choice of disposal facilities and can demonstrate a change in its costs. 24 X:\MS \IE\2012 \12S052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications D. The Contractor, and not the City, shall be responsible for assuring that the selected yard waste composting and/or transfer facilities are in compliance with all federal, state, county, and local laws, ordinances, and regulations that are currently in effect and govern the disposal of the yard waste collected from the City. E. The Contractor shall always provide to the City the name and location of the yard waste composting and/or transfer facilities it currently is using during the term of this Contract. F. Upon the City's request, the Contractor shall provide the City with proof that such facilities comply with all laws and regulations that are currently in effect and govern such yard waste composting and/or transfer facilities. G. Upon reasonable notice, the City shall have the right to visit and inspect such facilities during regular business hours. H. The Contractor shall notify the City of any changes in yard waste composting and /or transfer facilities. I. Upon the City's written request, the Contractor shall furnish the City with reasonable assurances concerning the availability of adequate facility capacity for composting of yard waste collected under this Contract. 5.3 Price and Payment Payment for the extra yard waste collection service by subscribing City residents shall be in addition to the fixed unit price of City -wide refuse and/or recycling collection services and as established in Attachment 1— Price List. [THIS ATTACHMENT 1— PRICE LIST IS NOT YET INCLUDED IN THIS VERSION OF THE DRAFT SERVICE AGREEMENT AND WILL BE FINALIZED BASED ON THE SUCCESSFUL PROPOSAL AND SUBSEQUENT NEGOTIATIONS WITH THE CITY.] The cost for this extra yard waste collection service shall be on a per bag charge (i.e., "on- call" service by setting out properly prepared yard waste in compostable bags) and/or seasonal yard waste cart (i.e., "subscription" for yard waste cart service by direct arrangement with the Contractor). Methods such as individual customer billing, or the like can be used in the billing process. The price shall cover all yard waste collection equipment, materials, labor and services (including tipping fees) to be performed under the proposed contract. 5.4 Yard Waste Public Education The Contractor shall have primary responsibility to inform and educate City residents about the availability and preparation instructions for this extra yard waste collection service option. A. The Contractor shall, at a minimum, provide information about the yard waste collection option and preparation instructions on the required annual calendar, Contractor's website for Shakopee, and via cart hang tags (or suitable alternative) when the yard waste carts are distributed to subscribing residents. X:\MS\IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx 25 City of Shakopee — Draft Service Agreement Template Contract Specifications B. The Contractor shall use its own yard waste carts that are clearly labeled "Yard Waste Only" and in a different color to contrast with the colors of the trash and recycling carts. C. The Contractor may reject unacceptable material from its yard waste collection operations, but then must inform the resident as to the reason for material rejection (e.g., prohibited items, improper preparation of materials, etc.) by leaving educational tags to those residents. 6 ORGANIC WASTE COLLECTION PLAN [SEE RFP SECTION 3.5, "ORGANIC WASTE COLLECTION PLAN ", FOR DETAILED RFP SPECIFICATIONS.] 7 BULKY ITEMS AND OTHER SPECIAL COLLECTIONS [SEE RFP SECTION 3.8, "BULKY ITEMS AND OTHER SPECIAL COLLECTIONS ", FOR DETAILED RFP SPECIFICATIONS.] 8 COLLECTION FROM CITY BUILDINGS AND PARK FACILITIES [SEE RFP SECTION 3.9, "REFUSE AND RECYCLABLES COLLECTIONS FROM CITY BUILDINGS AND PARKS FACILITIES ", FOR ADDITIONAL DETAILED RFP SPECIFICATIONS.] See Appendix B to this Contract for the current listing of City buildings, parks and other facilities to be serviced by the Contractor. 8.1 Recyclables Collection at City Parks (new, proposed service) The Contractor shall provide at least weekly seasonal recyclables collection at selected parks facilities. See the list of City Parks in Appendix B. Parks that currently have, or are planned to have, parking lots, are listed in Appendix B. It is the City's intention to place recycling carts at the perimeter of the parking lots to take advantage of collection efficiencies as part of the new residential, single- stream recycling routes. A more specific plan and schedule of service, including seasonal adjustments, will be developed by the City and the Contractor and then amended to this Contract. This plan will provide sufficient details including (but not limited to) the number of carts at each park, any additional specifications for the carts (e.g., stickers with instructions, standardized recyclables holes cut into the lid, automatic lid locking /unlocking device), and specific cart placement locations. [THIS VERSION OF THE DRAFT SERVICE AGREEMENT LISTS TWO (2) CART OWNERSHIP OPTIONS. THE FINAL SERVICE AGREEMENT WILL SPECIFY CART OWNERSHIP.] 26 X:\MS \IE\2012 \12S052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications [OPTION #1] The City will own the recycling carts stationed at City Buildings and Parks, but the Contractor will be responsible to provide recycling collection services and cart maintenance in the same manner as the residential service requirements. [OPTION #2] The Contractor will own the recycling carts and be responsible to provide recycling collection services and cart maintenance in the same manner as the residential service requirements. 8.2 Cardboard Dumpster at City's Public Works Garage The Contractor will provide at least one (1) free dumpster, at a location to be specified, by the City (e.g., the City's Public Works Garage parking lot), to allow residents to drop -off old corrugated cardboard (OCC). 9 SPRING CLEAN UP DAY AND OTHER SPECIAL EVENTS [SEE RFP SECTION 3.11, "COLLECTION FROM SPRING CLEAN -UP DAY AND OTHER SPECIAL EVENTS ", FOR DETAILED RFP SPECIFICATIONS.] X:\MS \IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx 27 City of Shakopee — Draft Service Agreement Template Contract Specifications APPENDIX X:\MS\IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications Appendix A -1 Map of Current Residential Collection Sectors and Weekly Schedules 0 ■**`* i* ** *lo � •r � y i�� � M �s7r y -- ``-__ a sr• 110" 01111111 1 1 R N r Ai: .,51v - 11 11 vrlllll► _' Illrfi _ `r �` X1111 n1fJ1 k ,,:......9,,,,,,..... - �, • • tf _ r $1,44,1„, "0 b . 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S'IATISTIC'S Paved $ A2 - 3 X: \MS \IE \20 12 \12S052-00 \ 10300 Draft Reports\ Service Agreement Draft 1-3 1-2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications Appendix B List of City Buildings, Parks and Other Facilities To Be Served by the Contractor [Draft as of 1 -10 -2013] Cit of Shako . ee Buildin ' s & Parks - Trash and Rec clip ' Weekl Collection* Name and Location Type Estimated Service Level 17th Avenue Sports Complex Recycling 8 -96 gal. carts - Seasonal April 1 - Oct. 31 2600 17th Avenue East Fire Station #1 Trash 3 -96 gal. carts 2700 Vierling Drive East Recycling 1 -96 gal. cart Fire Station #2 Trash 1 - 2yd 1001 Vierling Drive West Recycling 1 -96 gal. cart Green Meadows Park Recycling 2 -96 gal. carts - Seasonal April 1 - Oct.31 3100 Thrush Street Huber Park Recycling 4 -96 gal. carts - Year Round 150 Fillmore Street Lions Park Recycling 3 -96 gal. carts - Year Round 1103 Adams Street Memorial Park Recycling 8 -96 gal. carts - Year Round 1801 County Road 101 East Parcel 75 (Unnamed Park) Recycling 2 -96 gal. carts - Year Round Parcel 75 on Southbridge Parkway (Estimated completion 2014) Quarry Lake Park Recycling 4 -96 gal. carts - Seasonal April 1 - Oct. 31 Broadbank Blvd. (Estimated completion 2014) 2 -96 gal. carts - Seasonal April 1 - Oct. Riverside Fields Park Recycling 31 7300 Crossing Blvd. (Est. completion summer 2013) B -1 X:\MS \IE\2012 \125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx City of Shakopee — Draft Service Agreement Template Contract Specifications Cit of Shako s ee Buildin ' s & Parks - Trash and Rec clin ' Weekl Collection* Name and Location Type Estimated Service Level SandVenture Aquatic Park (Seasonal) Trash 4yd 3x/week April 1 - October 31 1101 Adams Street Recycling 2 -96 gal. carts - Seasonal June 1 - Aug. 31 Shakopee City Hall Trash 3 -96 gal. carts & 1- 64 gal. cart 129 Holmes Street South Recycling 3 -96 gal. carts & 4 -32 gal. carts Shakopee Community Center Trash 6yd 2x /week 1255 Fuller Street Recycling 2 -96 gal. carts Card Board Dumpster 4yd Shakopee Police Department Trash 3yd 475 Gorman Street Recycling 2 -96 gal. carts Shakopee Public Library Trash 3 -96 gal carts 235 Lewis Street Recycling 2 -96 gal carts Shakopee Public Works Trash 4 -6yd 3x/week 500 Gorman Street Trash 3yd Card Board Dumpster 8yd 2x /week Shakopee Public Works Trash 3yd 3x /week 400 Gorman Street Card Board Dumpster 2yd 2x/week Recycling 1- 96 gal. cart Shakopee Youth Building Trash 2 -96 gal carts 1099 Adams Street Recycling 1 -96 gal. Year Round Tapah Park Recycling 10 -96 gal. Seasonal April 1 - Oct. 31 1490 Adams Street South Trash 2 - 6 yard 3x /week April 1 - October 31 Westminster Park Recycling 2 -96 gal. carts - Seasonal April 1 - Oct. 31 801 Valley View Road East Any other similar future facilities as designated by City Administrator. *Collection is weekly, unless otherwise noted. Seasonal collection is estimated to be April 1 - October, 31; however, these dates are subject to change by the City. X:\MS \IE\2012 \ 125052 -00 \10300 Draft Reports \Service Agreement Draft 1- 31- 2013.docx B -2