8.4. SR 10-20-2014 Elk Request for Action
River
To Item Number
Mayor and City Council 8.4
Agenda Section Meeting Date Prepared by
General Business October 20, 2014 Kristin Mroz, Environmental Technician
Item Description Reviewed by
Consider Requests for Proposals for Municipal j remy Barnhart,Deputy Director COD
Garbage/Recycling Collection Services Reviewed by
Action Requested
Staff is recommending approval of Randy's Environmental Services for the Municipal Garbage/Recycling
Collection Services.
Background/Discussion
The City has contracted with Randy's Environmental Services for garbage collection and recycling
services at the city facilities since 2007. The contract with Randy's was a 3 year fixed contract with a
mutual agreement option of 2-year extended renewals. As in other service contracts, the city opened to
the market to ensure best pricing. Their 2007 contract was quoted at$26,623.86 per year.
A Request for Proposal (RFP) was sent to haulers licensed to collect garbage and recycling in the City.
Language in the RFP allowed the flexibility of not having to choose the lowest service provider. It was
based on the following factors:
1. Annual cost of the services to be performed.
2. Proposals demonstrating and utilizing resource recovery will be given preference over
those that do not.
3. Qualifications, license,insurance of responder and associated personnel.
4. Similar work experience.
5. References.
Three qualified haulers responded to the RFP. They are as follows as well as the quoted price for service:
• ACE Solid Waste - $28,242.71
• Randy's Environmental Services - $22,307.95
• Waste Management, Inc. - $60,129.87
From those three, staff is recommending Randy's Environmental Services. Randy's has been responsive
to issues and comments in the past. They were the lowest cost service provider and offered alternatives
which could help save the city money and help reduce the amount of waste going into the waste stream.
They have also stated that all of the City's municipal solid waste will be disposed of at the Resource
Recovery Facility. They offer organics recycling as well as document destruction services. There is no
cost to the city for document destruction services.
N:\Departments\Community Development\Environmental\Solid Waste\Haulers\2014\Municipal\RFP-Municipal soli �t
to Council for Municipal SW and Recycling 10-20-14.docx �'1
Financial Impact
• $22,307.95 per contract term Uanuary 1,2015 -December 31,2017)
• Paid out of garbage fund and rates are adjusted accordingly as part of the annual budget process
Attachments
■ Agreement for Garbage,Refuse and Recycling Collection
N:\Departments\Community Development\Envifonmental\Solid Waste\Haulers\2014\Municipal\RFP-Municipal solid waste contract\RFA\RFA
to Council for Municipal SW and Recycling 10-20-14.docx
CITY OF ELK RIVER
AGREEMENT FOR GARBAGE,REFUSE AND RECYCLING COLLECTION
August 1,2014 January 1,2015 through july 31st, December 31,2017
This ^arf_f+AGREEMENT made as of 12014,between the CITY OF ELK RIVER,
MINNESOTA,a Minnesota municipal corporation(city)and RANDY'S
a 4-NIT n Ton ENVIRONMENTAL SERVICES,INC.,a Minnesota corporation(Contractor),
RECITALS
WHEREAS,the City requires the collection and disposal of Ggarbage, Refuse,Rubbish,a++4
i�Recyclables,and Source Separated Organics(SSO)generated at municipal properties
throughout the City of Elk River;and
WHEREAS,the City in April 2 4 -September 2014 published and distributed a Request for
Proposals to provide the needed collection and disposal services for municipal buildings;and
WHEREAS,the City selected the best proposal which was submitted by Contractor;and
WHEREAS,the Contractor is a licensed hauler in the City of Elk River engaged in the business of
collection and disposing of Garbage,Refuse,Rubbish,Recyclables and Source Separated Organics
WHEREAS,the Contractor is a licensed hauler in the City of Elk River engaged in the business of
collection and disposing of Garbage,Refuse,Rubbish,Recyclables and Source Separated Organics
(SSO);and
WHEREAS,the City desires to hire these services of the Contractor and the Contractor desires to
provide these services to the City:and
WHEREAS,the City currently has a contract with Sherburne County pursuant to which the City
has agreed to deliver all residential waste collected in the City to the Elk River Resource Recovery
Facility(ERRRF)owned and operated by Great River Energy(GRE,).,and to pay GRE directly for all
City waste managed at the ERRRF.
WHEREAS,the City retained the services of the Contractor for three-year fixed amount with a city
option of-ft 2-year extended renewals.
NOW,THEREFORE,it is agreed by and between the parties:
I. PURPOSE OF AGREEMENT
1
The Contractor shall provide Garbage,Refuse,Rubbish,Recyclables and Source Separated
Organics(SSO)gar f se and eye'li collection services at the locations and in the
manner specified in Attachment A of this Agreement.
II. TERM OF AGREEMENT
The term of this agreement shall be for a period of three years commencing on A+tgust 1,
24�4January 1,2015 with a city option of a-2-year extended renewals. The 2-year extensions will
automatically take effect unless the City notifies Contractor prior to expiration of the initial term
that the contract will not be extended.
III. DEFINITIONS
For purposes of this Agreement,the following terms shall have the following meanings:
"Cart"means a 90-gallon,60-gallon or 32-gallon receptacle with wheels supplied by the
Contractor used to contain garbage or refuse.
"Collection Service"means the collection and transportation of Garbage,Refuse,Rubbish,
Recyclables and Source Separated Organics(SSO).
"Environmental Administrator"means the City Environmental Administrator or such other City
employee designated by the City Administrator or the City Council.
"ERRRF"means the Elk River Resource Recovery Facility.
atid eansffiHf4ioti of feed.
"Facility"means the ERRRF,Elk River Landfill,or any other solid waste disposal facility
approved by the MPCA.
2
"Garbage"means animal and vegetable waste resulting from the handling,preparation,cooking,
service,and consumption of food.
"Hazardous Waste"means waste identified as hazardous by State or Federal law,rules and
regulations,including but not limited to 42 U.S.C. §6903(5),and regulations interpreting such
act,or in Minnesota Statutes § 116.06,subd. 13,and regulations interpreting such statute,but not
including waste excluded from regulation by Minnesota Rules 7045.0120A,as any of the
foregoing may be amended from time to time.
"MPCA"means the Minnesota Pollution Control Agency.
"Source Separated Organics(SSO)'is comprised of food wastes,fish and animal waste,plant
materials,and paper that is not recyclable because the MPCA has determined that no other person
is willing to accept the paper for recycling
"Recyclables"means reusable or reprocessable materials designated by the City. Recyclables
include such items as newsprint,corrugated and ledger paper,glass,plastics,tin cans,aluminum,
used motor oil,batteries,tires,and other metal goods. Recyclables specifically exclude refuse.
"Recycling Container"means a container supplied by the Contractor to the dwelling unit to place
Recyclables in for collection.
"Refuse"means putrescible and nonputrescible solid waste from residences including Garbage
and Rubbish,and specifically excluding Yard Waste,Recyclables,and Hazardous Wastes. Refuse
further excludes industrial,commercial,agricultural,and construction Garbage or Rubbish and
wastes.
"Rubbish"means inorganic solid waste,including ashes,consisting of both combustible and
noncombustible wastes,such as wood,bedding,crockery,and other nonreusable waste. Rubbish
also includes nonrecyclable types of glass,paper,cardboard,and metal cans.
"Unacceptable Waste"means waste delivered in quantities to the Facility which,as determined by
the MPCA,County,City or Facility,may pose a threat to health or safety,or to the environment,
or may cause damage to,or materially adversely affect,the operation of a Facility,including but
not limited to:incinerator ash,foundry sand,explosives,hospital,pathological and biological
waste,hazardous waste,chemicals and radioactive materials;oil sludges,asbestos in identifiable
quantities:cesspool or other human waste other than that carried in disposable diapers:sewage and
other highly diluted,water-carried materials or substances and those in gaseous forms,human or
animal remains;street sweepings;ash;mining waste,sludges,demolition debris;hazardous refuse
of any kind,such as cleaning fluids,crank case oils,cutting oils,paints,acids,caustics,poisons,
drugs and such other materials as may be specified in writing from time to time by the City,
County,State or Facility.
IV. SCOPE OF AGREEMENT
3
A. Collection Service
1. Garbage and Refuse Collection
a. ;Cart containers are to be furnished and maintained in good condition by the Formatted:Numbered+Level: 1+
Contractor. Actual service needs are to be determined by volume Numbering Style:a,b,c,...+Start at: 1+
Alignment: Left+Aligned at: 1.5'+Indent
accumulations as iudged by the Environmental Administrator,upon review at: 1.75^
with the Contractor.
b. b--Garbage,Rubbish and Refuse collection shall not include wait^Mid Formatted:Numbered+Level: 1+
Hazardous Waste,Unacceptable Waste,Yard Waste,or Numbering Style:a,b,c,...+Start at:z+
Alignment: Left+Aligned at: 1.5'+Tab
Recyclables. after: 1.75^+Indent at: 1.75^
c. The Contractor shall deliver all Garbage,Refuse and Rubbish it collects under Formatted:Indent: Left: 1.5 Hanging:
this Agreement to the ERRRF,unless otherwise directed by the City,Sherbume 0.25 Tab stops: 1.75 List tab+Not at z^
County or the ERRRF. In the event that Contractor is directed by City to a
Facility other than the ERRRF or the Elk River Landfill,the Contractor shall be
credited$1.00 per mile by the City for the round trip mileage between the
ERRRF and the back-up FacilityJ4 loo 4.-aeto. °t,^11 aor,.,° 4^^�°°^f
.,11 ,../,Uofi,so a44.1 Gar-bag@.,4 t o Elk Rivet/DT1F 427a4.,4 wAqq,@d a44d O r-at@ by
Formatted: No bullets or numbering
d. Unless otherwise directed by City,Contractor shall,upon delivery of Garbage,
Refuse and Rubbish to the ERRRF or other designated Facility give the Facility
operator a load report on a form acceptable to Sherburne County that provides
information concerning the load as may be required by the County. The
Contractor shall also provide the City,on a monthly basis,with receipts
showing the weight of Garbage,Refuse and Rubbish delivered to the ERRRF
under this Agreement,or any other Facility to which Garbage,Refuse and
Rubbish collected under this Agreement is delivered.
Formatted: No bullets or numbering
e. The Contractor shall not knowingly deliver any Unacceptable Waste to a
Facility,nor shall the Contractor mix any Unacceptable Waste with Garbage
Refuse and Rubbish collected under this Agreement. If the Contractor is
uncertain whether certain waste is Unacceptable Waste,Contractor may request
a determination from the Facility by submitting a"Pre-Delivery Waste
Evaluation"request in accordance with procedures established by Sherburne
County.
Formatted: No bullets or numbering
f. If a Facility has a reasonable basis to believe that Garbage,Refuse and Rubbish
delivered by the Contractor contains Hazardous Waste or other Unacceptable
Waste,the Facility operator may require the Contractor,at Contractor's
expense,to recover and properly manage or dispose of waste deposited upon
the tipping floor which contains Hazardous Waste or Unacceptable Waste. In
the event Garbage,Refuse and Rubbish is reiected by the Facility,and the
Contractor disagrees with a decision by the Facility to reiect a load of Garbage,
4
Refuse and Rubbish,the Contractor shall have the right to present information
to the County,the Facility,and the City in support of its claim.The claim will
then be resolved by the City,County and Facility.
}- Formatted: No bullets or numbering
6 Tl,o 1 o4it,-Rot.,,-ghnll ,..+.,;,..veeeipts. ;f..ing amottnis delivere to an
CjjSP0S@.l Rt 440,Wk U;..or DTIT:42IR-Pt c„E4-r-@0@j•tS S14 all hV,ti.R-.lo R Mi1R_h10
2. Recycling Collection
a.
The Contractor shall not mix other types of refuse or inorganic materials Formatted:indent: First line: o°
with the Recvclables or take any action so as to make the Recvclables
unacceptable to the operators of the recycling center.
b. The Contractor must provide monthly tofH4ag@ reports for all materials
collected. The required information includes the market,the receipts,and
the net weight and type of material.
B. Service Schedule
1. Only such pick-ups shall be made as have been authorized by the City,and the
Contractor shall not be entitled to payment for any pick-up(s)made and not
authorized by the City.
2. The Contractor shall not be required to provide Collection Service on New Year's - Formatted:Numbered+Level: 1+
Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,or Numbering Style: 1,2,3,...+Start at: 1+
Alignment: Left+Aligned at: 1"+Tab after:
Christmas Day(the Holidays)-,provided,that the Holiday falls on a weekday,it 1.5^+Indent at: 1.5^
will be the only day on which routes are not collected. When a Holiday falls on a
weekday,the Contractor will collect the routes for the designated day the following
day for the rest of the week. Specifically,if a Holiday falls on a Monday,the
Monday routes will be collected Tuesday.the Tuesday routes will be collected on
Wednesday and so on through Saturday of the week during which the Holiday falls.
It shall be the Contractor's responsibility to notify the City of any changes in the
collection schedule as a result of said Holidays.
Formatted: No bullets or numbering
3. The City reserves the right to improve or temporarily close any street or alley
which may prevent the Contractor from traveling his/her accustomed route or
routes for collection. The Contractor shall contact the Environmental
Administrator prior to each construction season to determine areas of conflict and
5
possible alternate routes or solutions. No additional compensation will be due for
this interference.
-0 '4iet and No
�4. The City reserves the right to adjust the services identified in Attachment A during
the time of this Agreement. In the event such adjustments are made,the City and
Contractor shall negotiate appropriate adjustments to the contract payment outlined
in Attachment B.
C. Performance of Collection
1. Equipment
a. The Contractor shall make all collections of Garbage,Refuse,Rubbish,
Recvclables,and SSO ' '°° in water-tight metal receptacles or
vehicles with closed tops so constructed that their contents will not leak,
spill,or scatter there from. Should any Garbage,Refuse,Rubbish,
Recvclables,or SSO be dumped
or spilled in collecting or transporting,it shall be immediately cleaned up.
A broom and shovel in good useable condition should be placed and
maintained on each vehicle for this purpose. Receptacles and vehicles shall
be kept clean and as free from all offensive odors as possible and shall not
be allowed to stand in any street,alley,or other place longer than is
reasonably necessary to collect Garbage,Refuse,Rubbish,Recvclables,or
SSO
b. All vehicles shall be painted and marked uniformly and shall have the
hauler's name and telephone number prominently displayed in letters of a
contrasting color,at least three inches high,on each side of the vehicles.
C. The Contractor shall keep all equipment used in the performance of the
work in good operating condition and in a clean,sanitary condition,shall
thoroughly disinfect each vehicle at least once a week unless the same has
not been used since the last disinfection thereof,and shall thoroughly
inspect each vehicle as necessary. They shall be equipped to meet all
federal,state,and municipal regulations concerning vehicles used on public
roads and maintained to meet these standards. Equipment is subject to
periodic inspection by the City.
d. The Contractor shall furnish the Camy-Environmental Administrator with a
written description of all vehicles and equipment to be used within the City
of Elk River in the performance of this Agreement and shall advise the
6
Environmental Administrator in writing of any withdrawal of a part of such
equipment or of any change therein within one week of the time of making
such change.
e. Each collection vehicle shall have a flashing light warning system,fire
extinguisher,and proper back-up alarms as approved by the
C-4Environmental Administrator.
2. Personnel Requirements
a. There shall be no limitation on the size of the hauler's collection crew so
long as they are sufficient to fulfill the requirements of the specifications of
this Agreement.
lib. The Contractor's employees shall handle all containers with reasonable care Formatted:Indent: Left: 0.5 First line:
to avoid damage,replace the containers in an upright�osition_in 0.5 No bullets or numbering
their location,and dis aii the Formatted:Indent: Left: 2^
and dispose of any spilled materials promptly. comment[MKS]:Fix formatting.
The Contractor's employees will also report to the Contractor any violations
of regulations they observe in the performance of their work. Employees
shall be sober at all times in the performance of their duties,be of a
presentable appearance,perform work in a neat and quiet manner,and at all
times be courteous to the public.
3. Supervision
a. A full-time superintendent of collections shall be employed by the
Contractor and shall be the representative of the Contractor under this
Agreement. The superintendent shall be on the job during normal hours of
Collection Service and shall maintain proper schedules for collection.
The superintendent shall have supervisory duties which shall include
servicing of complaints. Formatted:Indent: Left: 1",Hanging: 0.25",
No bullets or numbering
b. All 6ervices to be performed for the City by the Contractor pursuant to comment[MK2]:Fix formatting.
the terms of this Agreement shall be supervised by the Environmental Formatted
Administrator. The Environmental Administrator shall have access to
all of the Contractor's Elk River records and equipment at reasonable
times.
toe
tAt „ti,to f;ri,oN
4. Complaints
7
a. Whenever the City notifies the Contractor of a location which has not
received scheduled service,the Contractor is required to service such
location no later than the following working day from the time of
complaint. A record of all complaints and action taken thereon shall be
kept by the Contractor.
5. Legal Compliance
a. The Contractor shall comply with all applicable ordinances of the City and
the laws and regulations of Sherburne County and the State of Minnesota
and their agencies relating to sanitation and collection of Garbage,
Refuse,Rubbish,Recyclables,and SSO in effect during the term of this
Agreement. .
b. The Contractor shall report all violations of ordinances pertaining to
Garbage,Refuse,Rubbish,Recyclables,and SSO collection and disposal
for enforcement purposes,including all unsanitary and filthy conditions,to
the Environmental Administrator.^^r'
4-;-:w +ie!,ai4-Hg all, „;.,,,.,,a-Ra F4443,
6. Safety
a. The Contractor shall provide and maintain all sanitary and safety
accommodations for the use and protection of its employees as may be
necessary to provide for their health and welfare and comply with federal,
state,and local codes and regulations,as well as those of other bodies and
tribunals having jurisdiction. Employee safety and sanitation facility
regulations are set forth in Minnesota Statutes 182 and in the Department of
Labor and Industry's Labor Safety Code(LISC 73-75).
V. Payment under Agreement
A. The City will compensate the Contractor,according to the rates set forth in
Attachment B,for collection of Garbage,Refuse,Rubish,a+i4 Recyclables,and Formatted:Indent: Left: 1.5",First line: 0"
SSO.
B. During the period of the Agreement,the City will pay to the Contractor such
compensation on a monthly basis,upon receipt from the Contractor of a bill and the
monthly tonnage report.The compensation shall be for the eCollection Saervice
billed during the preceding calendar month in accordance with the directions from
the City Administrator_
C. Tipping fees charged by the ERRRF for Garbage,Refuse and Rubbish delivered to Formatted:Indent: Left: 1 Hanging: 0.5^
and accepted by the ERRRF pursuant to this Agreement shall be paid directly to the
8
ERRRF by the City,until such time as City shall notify Contractor of an alternate
arrangement. Tipping fees paid to any Facility other than ERRRF shall be paid by
the Contractor,unless other arrangements are made in advance with the City,and
the City will reimburse Contractor the lesser of actual tipping fees paid or the then
current tipping fees at the ERRRF. City shall have the right,upon 15 days written
notice,to have Contractor pay tipping fees to the ERRRF. All tipping fees paid to
ERRRF will be reimbursed by City unless City has directed that refuse be delivered
to a different Facility.
DG. State sales tax and surcharges.
The applicable state sales taxes and surcharges shall be paid to the state by the
Contractor
VI. Performance of Agreement
A. The Contractor shall keep complete and accurate records in accordance with
generally accepted accounting practices.
B_ The Contractor shall supply all labor,material,and equipment necessary for the
carrying out of the Agreement.
C. Insurance
During the entire period of the Agreement,the Contractor shall maintain,at its cost
and expense,and file with the City,policies or certificates of Workers'
Compensation and Liability Insurance. Minimum insurance policy coverage
requirements are$500,000 bodily injury per person,$1,000,000 aggregate per
occurrence,and$50,000 property damage. All policies evidencing insurance
required by this paragraph shall name the City and the Contractor as named
insureds,and shall insure the City and the Contractor by reasons of any act or
omission,including negligence,of the Contractor or of the Contractor's employees
or agents in connection with the performance of this Agreement,including claims
arising out of the use of or operation of any vehicles used by the Contractor or the
Contractor's employees or agents in performing this Agreement. Such policies
shall be in form and content satisfactory to the City Attorney and shall be filed with
the City Clerk. A certificate showing that the Contractor has in effect the aforesaid
insurance covering both the Contractor and the City shall be filed with the City
Clerk within ten(10)days from the execution of the Agreement,and yearly
thereafter,at least thirty(30)days prior to the date of the expiration of said policies
of insurance for each year of the Agreement. All of the foregoing policies shall be
issued by an insurance company or companies licensed to do business in the State
of Minnesota and authorized to assume the risks covered thereby_ Memorandum
policies and receipts for the payment of premiums shall be filed with the City
9
showing payment of premiums for at least one year in advance and on each renewal
date provided therein.
Formatted:Indent: Left: 0"
E. Indemnification
The Contractor agrees to indemnify and hold harmless the City,its agents,officers,
and employees from any and all claims,causes of action,liabilities,losses,
damages,costs,expenses including reasonable attorneys' fees,suits,demands,and
judgments of any nature,because of bodily injury to,or death of,any person or
persons and/or because of damages to property of the Contractor or others,
including loss of use from any cause whatsoever,which may be asserted against the
City on account of any act or omission,including negligence,of the Contractor,or
the Contractor's employees or agents in connection with the Contractor's
performance of this Agreement. The Contractor agrees to defend any action
brought against the City on any such matters,and to pay and satisfy any judgment
entered theron together with all costs and expenses incurred in connection
therewith. The City shall in no way be liable for any claims or charges incurred by
the Contractor in the performance of this Agreement.
F. Guaranty of Nondiscrimination
The Contractor agrees that during the life of the Agreement,the Contractor will
not,within the State of Minnesota,discriminate against any employee or applicant
for employment because of race,color,creed,national origin or ancestry,or sex,
and will include a similar provision in all subcontracts entered into for the
performance thereof. The Agreement may be cancelled or terminated by the City,
and all money due or to become due may be forfeited for a second or subsequent
violation of the terms or conditions of this paragraph. This paragraph is inserted in
the Agreement to comply with the provisions of Minnesota Statutes, § 181.59.
G. Payment of Subcontractors and Employees.
The Contractor shall promptly pay all persons doing work or furnishing skills,
tools,machinery,or materials or insurance premiums or equipment or supplies and
all just claims for such work,material,equipment,insurance,and supplies in and
above the performance of this Agreement.
VII. Assignment and Transfer of Agreement.
A. The Contractor will not make or create,or suffer to be made or created,any total or
partial sale,assignment,conveyance,or lease,or any trust or power,or transfer in
10
any other mode or form of or with respect to this Agreement or any part thereof or
any interest therein,or any Agreement or agreement to do any of the same,without
the prior written approval of the City,which approval will not be unreasonably
withheld.
B. The City shall be entitled to require,except as otherwise provided in this
Agreement,as conditions to any such approval that:
1. Any proposed transferee shall have the qualifications and financial
responsibility,as reasonably determined by the City,necessary and
adequate to fulfill the obligations undertaken in this Agreement by
Contractor;and
2. The transfer does not create an anti-trust situation in the local refuse hauling
industry that is contrary to the public interest of the residents of Elk River;
and
3. Any proposed transferee,by instrument in writing satisfactory to the City,
for itself and its successors and assigns,has expressly assumed all of the
obligations of service under this Agreement and agreed to be subject to all
the conditions and restrictions to which service is subject. It is the intent of
this Section VII,together with other provisions of this Agreement,that(to
the fullest extent permitted by law and equity and excepting only in the
manner and to the extent specifically provided otherwise in this Agreement)
no transfer of,or any interest therein,however consummated or occurring,
whether voluntary or involuntary,shall operate,legally or practically,to
deprive or limit the City of or with respect to any rights or remedies or
controls provided in or resulting from this Agreement;and
4. There shall be submitted to the City for review all instruments and other
legal documents involved in effecting such transfer,and if approved by the
City,its approval shall be indicated to the Contractor in writing. The
proposed transferee shall submit to the City for review all bonds,insurance
policies,and any and all other documents required by this Agreement,and
if approved by the City,its approval shall be indicated to the proposed
transferee in writing.
VIII. Payment of Subcontractors and Employees. Formatted:Numbered+Level: 1+
Numbering Style:I,II,III,...+Start at:3+
Alignment: Left+Aligned at: 0.25'+Tab
The Contractor shall promptly pay all persons doing work or furnishing skills, after: 0.75°+Indent at: 0.75 Tab stops:
tools,machinery,or materials or insurance premiums or equipment or supplies and Not at 1.5°
all just claims for such work,material,equipment,insurance,and supplies in and
above the performance of this Agreement.
3,1111.IX. Termination of Agreement
11
A. This Agreement may be terminated only: Formatted
1. By written Agreement by the parties,or Formatted
A-2. If the City determines that the Contractor is in violation of the terms Formatted
of this Agreement,a written notice will be sent to the Contractor allowing
ten(10)days to comply. Failure by the Contractor to comply within the 10
day cure period will result in cause for the City to immediately terminate
this Agreement by written notice to the Contractor.
3. If the Contractor fails to fulfill any of the provisions of this Agreement,the Formatted
City Administrator shall be authorized to hire such personnel or equipment,
or assign City employees and equipment,as may be necessary to do such
work and the cost of such expenses thereof may be charged and deducted
from any monies due the Contractor,collected from the Contractor,or
collected by recourse to the Contractor's performance guarantee submitted
pursuant to Section VLED.
Formatted:List Paragraph, No bullets or
B. Upon termination of this Agreement: numbering
a. Contractor shall discontinue providing collection service on the date Formatted
specified in the written Agreement to terminate or the City's notice Formatted
to Contractor of termination,and
b. Contractor shall transfer all records,pick up their containers
2. �t the Contractor fails to fulfill any of the provisions of this Agreement,the - Comment[MK3]:Change to 1.
City shall be authorized to fulfill the Contractor's obligation under this Formatted
Agreement and may hire such personnel,or assign City employees and
equipment,as may be necessary to do so. The City's costs to fulfill the
Contractors obligations under this Agreement shall be the responsibility of
the Contractor,shall be charged to the Contractor,and may be deducted
from any monies due the Contractor,or may be collected from the
Contractor.
- Formatted:Indent: Left: 1.79", No bullets
or numbering
P�.X_Entire Agreement
This Agreement,within Attachments A and B,incorporated herein by reference,is
the entire agreement between the parties. No modification of this Agreement shall
be valid or effective unless made in writing and signed by the parties hereto.
12
IN WITNESS WHEREOF,the City of Elk River and Randy's Sanitation,Inc.have executed this
Agreement the day and year written below.
RANDY'S cc nl rrrrrn4ENVIRONMENTAL SERVICES—,IPFG CITY OF ELK
RIVER
By: By:
Stepha-Hie A. John J.Dietz
Its: Its: Mayor
By:
Tina Allard
Its:City clerk
Date: Date:
13
CERTIFICATES OF ACKNOWLEDGMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE)
On this day of 20144,before me personally appeared
,to me know,who,being duly sworn,did say he is the of
Randy's S n4 •Environmenta1 Services.,and acknowledged that he executed the same as his free
act and deed.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF SHERBURNE)
On this day of 20144,before me personally appeared die A.
John A.Dietz and Tina Allard,to me personally known,who,being duly
sworn,did say they are the Mayor and City Clerk of the City of Elk River,Minnesota,and
acknowledged the instrument to be the free act and deed of said corporation.
Notary Public
14
ATTACHMENT A
1) City Hall:
a) 1 —3 yard trash dumPster weekly
b) 1 —3 yard single-sort recycling dumPster weekly
c,) 1—95 gallon organics cart(weekly (1 outside
d) 2—30 gallon organics cart rent(in ERMU and City Hall kitchens
Q 1 —95 gallon Locking Cart for Document Destruction(monthly (City Hall Copy room
0) i nn gall ('Awvl y)
2) Public Safety Building (13077 and 13073 Orono Parkway_
a) 1 —3 yard trash dumPster weekly
b) 1 —3 yard recycling dumPster weekly
c) 4—36 inch Locking Cart for Document Destruction(monthW (3 at Police,1 at Fire
d) 2—35 gallon organics cart rent(1 at Police,1 at Fire
e) 1-95 gallon organics cart(weekly
fl 1-65 gallon Locking Cart for Document Destruction—Media(when needed
2) Street D et).,..tffw..4.
@) 1 94 galt�n,. iog rj
Formatted: No bullets or numbering
3) Maintenance Facility(19000 Proctor Ave.).
a) 1-6 yard trash dumPster twice a week
b) 1 —3 yard single-sort recycling dumPster weekly
Q 1 —95 gallon organics cart(weekly
d) 1—4 yard trash dumPster weekly (Compost site
e,) 1—4 yard Plastic oil juugs dumPster weekly (Compost site
fl 1 —35 inch Locking Cart for Document Destruction(monthl Streets office
g 2—35 gallon single-sort recycling carts rent(Kitchen
h) 2—35 gallon organics carts rent(Kitchen
Formatted: No bullets or numbering
The City of Elk River is requesting proposals from licensed contractors qualified to collect and dispose of
municipal solid waste. The final scope of services will be developed in collaboration with the selected firm.
The City of Elk River requests that the contractors provide the City with monthly or yearly costs for
providing services to the following locations:
4) City Hall/Elk River Municipal Utilities Office (13065 and 13069 Orono Parkway_
a) 1 —3 yard trash dumPster weekly
15
b) 1 —3 yard single-sort recycling dumPster weekW
Q 1—95 gallon organics cart(weekly (1 outside
d) 2—30 gallon organics cart rent(in ERMU and City Hall kitchens
c) 1 —95 gallon Locking Cart for Document Destruction(monthly) (Cit):Hall Copy room
5) Public Safety Building (13077 and 13073 Orono Parkway
a) 1 —3 yard trash dumPster weekly
b) 1 —3 yard recycling dumPster weekly
c) 4—36 inch Locking Cart for Document Destruction(monthW(3 at Police,1 at Fire
d) 2—35 gallon organics cart rent(1 at Police,1 at Fire
e) 1-95 gallon organics cart(weekly
f) 1-65 gallon Locking Cart for Document Destruction—Media(when needed
6) Maintenance Facility(19000 Proctor Ave.).
a 1-6 yard trash dumPster twice a week
b) 1 —3 yard single-sort recycling dumPster weekly1
Q 1 —95 gallon organics cart(weekly
d) 1 —4 yard trash dumPster weekly (Compost site
e) 1 —4 yard plastic oil iu,gs dumPster weekly,) (Compost site
f) 1 —35 inch Locking Cart for Document Destruction(monthW (Streets office
g) 2—35 gallon single-sort recycling carts rent(Kitchen
h) 2—35 gallon organics carts rent(Kitchen)
7) Liquor Stores:
a) Northbound(19348 Evans St
i) 1 —2 yard trash dumPster weekly
City supplied 68 gallon cart for single-sort recychng(every other week
b) Westbound(13484 185"'Street
i) 1 —2 yard trash dumPster weekly
ii) City supplied 68 gallon cart for single-sort recycling(every other week
8) Wastewater Treatment Plant(248 Railroad Drive
a) 1 —2 yard locking trash dumPster weekly (Front parking loth
b) 2—1 yard locking trash dumPster weekW((screen waste) *Must be manifested
9) Fire Station 1(415 Jackson Avenue
a) 1 —2 yard locking trash dumPster weekly
b) 1 —95 gallon single-sort recycling(weekly
10)Library(13020 Orono Parkway
a) 2-95 gallon garbage carts weekly
b) 2—95 gallon single-sort recycling carts every other week
11) Ice Arena(1000 School Street
a) 1 —4 yard trash dumPster twice a week) (SW corner of Arena
bl 1 —4 yard single-sort recycling dumPster(weekly) ((behind arena
16
12)Downtown:
a) 10-refuse containers/downtown business districC(Hauler bills City for new liners
13)Activity Center 413 Proctor Avenue
a) 1 -95 gallon organics cart(weekW
b) 1-95 gallon trash cart(weeUy�
c) 1 -95 gallon single-sort recycling(every other week
d) 1 -35 gallon organics cart rent(inside
14)Pinewood Golf Course (18150 Waco St*: *Service is currently suspended until further notice.
a) 1 -2 yard locking trash dumpsterl However,please include this service in your
l�) 1 -2 yard single-cart recyclingI proposal,in the case that the service resumes in the
future.
15)Parks and Ball Fields
a) 1 -6 yard locking trash dumpster for Lion's Park(1104 Lions Park Drive
Q 1 -6 yard trash dumPster at YAC' (9850 165s'Ave.)
Q 1 -8 yard trash dumPster at DAAC'(13300 Business Center Drive
d) 1 -6 yard trash dumPster at Hillside Park' (10801 181st Ave.NW�
e) 1 -2 yard single-sort recycling dumPster at YAC3
6 1-2 yard single-sort recd cling dumPster at DAAC3
g 2-95 gallon single-sort rec3:chng carts at Lion's Park(ever:other week
t PickuP weekly June Vt to August 31st and every other week from April Vt to May 31st and
SSptember Vt to October 31a'.City staff will remove barrels on November 1st-no Pick-uP
November V through April 1st
2 PickuP Monday and Friday from April Vt to October 31'.City staff will remove barrels on
November Vt-no Pick-uP November Vt through April V
3 Pickup monthly-June 1st to August 31't and every other week from April Vt to May 31st and
SSptember Vt to October 31''.City staff will remove barrels on November 1st-no Pick-uP
November Vt through April V.
All garbage,refuse,and rubbish will be required to be delivered to the Great River Energy Resource
Processing Plant 10700 165n'Avenue NW,Elk River
3) MEIVOr-St
aj- etthbetid
ii) City supplied 69 gallaii eaA for-SiRgle SoA Reeyeliffg(bi weekly)
b) Westbound
4) Wastewater-T-r-eaffnent Pla*t--.
17
Fiffe
6
7) Senior-Center-
13) 190 gallOR SiRgl@EliR"i
9
�=' t3 SE S4
42)Par-ks and B*U4Pk4d*
a\ 1 6 yar-4!A6kik3g t+aSl3 44mpst@ z F-v.�rvrr;.�..'s 12a+k## /„@ek4 \
LOC n TION a nT;nnrrr n TIN n S
Complex 1 83afEItf.,sh(2x,
k
18
Piekup Mondays wookly ffom April 1'to September-_IW4. One,final piekup on
n..rvc-cvvvi-�r,�,-21 Cit)'Stag..Will 0 1..,,-.-olS AT.,..emb I"or-
st
*;g 14 ik
Cit.' Sta-f,.;11 0 1.94-4-01S RQ A RVP,,,,1.@,- 14 140 piek RP NO @,1413@,- 1"tlff,..M
3J44_
19
ATTACHMENT B
Monthly payment=$1,859.00(including to 12,E 18.97 1 tax(Total Annual Contract=$22,307.95 - Comment[MK4]:Calculated by total annual
(including tax)27,Q'� ''6 ). The Contractor shall itemize additional charges on its monthly invoice to divided by 12.To discussed vAtn xa,dy5.
the City described in Section IV D.2.
20
CITY OF ELK RIVER
AGREEMENT FOR GARBAGE,REFUSE AND RECYCLING COLLECTION
January 1,2015 through December 31,2017
This AGREEMENT made as of , 2014, between the CITY OF ELK RIVER,
MINNESOTA, a Minnesota municipal corporation (city) and RANDY'S ENVIRONMENTAL
SERVICES, INC., a Minnesota corporation (Contractor),
RECITALS
WHEREAS, the City requires the collection and disposal of Garbage, Refuse, Rubbish,
Recyclables, and Source Separated Organics (SSO) generated at municipal properties throughout the City
of Elk River; and
WHEREAS, the City in September 2014 published and distributed a Request for Proposals to
provide the needed collection and disposal services for municipal buildings; and
WHEREAS, the City selected the best proposal which was submitted by Contractor; and
WHEREAS, the Contractor is a licensed hauler in the City of Elk River engaged in the business of
collection and disposing of Garbage, Refuse, Rubbish, Recyclables and Source Separated Organics
(SSO); and
WHEREAS, the Contractor is a licensed hauler in the City of Elk River engaged in the business of
collection and disposing of Garbage, Refuse, Rubbish, Recyclables and Source Separated Organics
(SSO); and
WHEREAS, the City desires to hire these services of the Contractor and the Contractor desires to
provide these services to the City; and
WHEREAS, the City currently has a contract with Sherburne County pursuant to which the City
has agreed to deliver all residential waste collected in the City to the Elk River Resource Recovery
Facility (ERRRF) owned and operated by Great River Energy (GRE)., and to pay GRE directly for all
City waste managed at the ERRRF.
WHEREAS, the City retained the services of the Contractor for three-year fixed amount with a city
option of 2-year extended renewals.
NOW, THEREFORE, it is agreed by and between the parties:
L PURPOSE OF AGREEMENT
The Contractor shall provide Garbage, Refuse, Rubbish,Recyclables and Source Separated
Organics (SSO) collection services at the locations and in the manner specified in Attachment A
of this Agreement.
IL TERM OF AGREEMENT
1
The term of this agreement shall be for a period of three years commencing on January 1, 2015
with a city option of 2-year extended renewals. The 2-year extension(s)will automatically take
effect unless the City notifies Contractor prior to expiration of the initial term that the contract will
not be extended.
III. DEFINITIONS
For purposes of this Agreement, the following terms shall have the following meanings:
"Cart" means a 90-gallon, 60-gallon or 32-gallon receptacle with wheels supplied by the
Contractor used to contain garbage or refuse.
"Collection Service" means the collection and transportation of Garbage, Refuse, Rubbish,
Recyclables and Source Separated Organics (SSO).
"Environmental Administrator" means the City Environmental Administrator or such other City
employee designated by the City Administrator or the City Council.
"ERRRF" means the Elk River Resource Recovery Facility.
"Facility" means the ERRRF, Elk River Landfill, or any other solid waste disposal facility
approved by the MPCA.
"Garbage" means animal and vegetable waste resulting from the handling, preparation, cooking,
service, and consumption of food.
"Hazardous Waste" means waste identified as hazardous by State or Federal law, rules and
regulations, including but not limited to 42 U.S.C. § 6903 (5), and regulations interpreting such
act, or in Minnesota Statutes § 116.06, subd. 13, and regulations interpreting such statute,but not
including waste excluded from regulation by Minnesota Rules 7045.0120A, as any of the
foregoing may be amended from time to time.
"MPCA" means the Minnesota Pollution Control Agency.
"Source Separated Organics (SSO)" is comprised of food wastes, fish and animal waste, plant
materials, and paper that is not recyclable because the MPCA has determined that no other person
is willing to accept the paper for recycling
"Recyclables" means reusable or reprocessable materials designated by the City. Recyclables
include such items as newsprint, corrugated and ledger paper, glass, plastics, tin cans, aluminum,
used motor oil, batteries, tires, and other metal goods. Recyclables specifically exclude refuse.
"Recycling Container" means a container supplied by the Contractor to the dwelling unit to place
Recyclables in for collection.
2
"Refuse" means putrescible and nonputrescible solid waste from residences including Garbage
and Rubbish, and specifically excluding Yard Waste, Recyclables, and Hazardous Wastes. Refuse
further excludes industrial, commercial, agricultural, and construction Garbage or Rubbish and
wastes.
"Rubbish" means inorganic solid waste, including ashes, consisting of both combustible and
noncombustible wastes, such as wood,bedding, crockery, and other nonreusable waste. Rubbish
also includes nonrecyclable types of glass,paper, cardboard, and metal cans.
"Unacceptable Waste" means waste delivered in quantities to the Facility which, as determined by
the MPCA, County, City or Facility, may pose a threat to health or safety, or to the environment,
or may cause damage to, or materially adversely affect, the operation of a Facility, including but
not limited to: incinerator ash; foundry sand; explosives; hospital,pathological and biological
waste; hazardous waste, chemicals and radioactive materials; oil sludges; asbestos in identifiable
quantities; cesspool or other human waste other than that carried in disposable diapers; sewage and
other highly diluted,water-carried materials or substances and those in gaseous forms; human or
animal remains; street sweepings; ash; mining waste; sludges; demolition debris; hazardous refuse
of any kind, such as cleaning fluids, crank case oils, cutting oils,paints, acids, caustics,poisons,
drugs and such other materials as may be specified in writing from time to time by the City,
County, State or Facility.
IV. SCOPE OF AGREEMENT
A. Collection Service
1. Garbage and Refuse Collection
a. Cart containers are to be furnished and maintained in good condition by the
Contractor. Actual service needs are to be determined by volume
accumulations as judged by the Environmental Administrator,upon review
with the Contractor.
b. Garbage, Rubbish and Refuse collection shall not include Hazardous Waste,
Unacceptable Waste,Yard Waste, or Recyclables.
c. The Contractor shall deliver all Garbage,Refuse and Rubbish it collects under
this Agreement to the ERRRF, unless otherwise directed by the City, Sherburne
County or the ERRRF. In the event that Contractor is directed by City to a
Facility other than the ERRRF or the Elk River Landfill, the Contractor shall be
credited$1.00 per mile by the City for the round trip mileage between the
ERRRF and the back-up Facility.
d. Unless otherwise directed by City, Contractor shall, upon delivery of Garbage,
Refuse and Rubbish to the ERRRF or other designated Facility give the Facility
operator a load report on a form acceptable to Sherburne County that provides
3
information concerning the load as may be required by the County. The
Contractor shall also provide the City, on a monthly basis, with receipts
showing the weight of Garbage, Refuse and Rubbish delivered to the ERRRF
under this Agreement, or any other Facility to which Garbage, Refuse and
Rubbish collected under this Agreement is delivered.
e. The Contractor shall not knowingly deliver any Unacceptable Waste to a
Facility, nor shall the Contractor mix any Unacceptable Waste with Garbage,
Refuse and Rubbish collected under this Agreement. If the Contractor is
uncertain whether certain waste is Unacceptable Waste, Contractor may request
a determination from the Facility by submitting a"Pre-Delivery Waste
Evaluation" request in accordance with procedures established by Sherburne
County.
f. If a Facility has a reasonable basis to believe that Garbage, Refuse and Rubbish
delivered by the Contractor contains Hazardous Waste or other Unacceptable
Waste, the Facility operator may require the Contractor, at Contractor's
expense, to recover and properly manage or dispose of waste deposited upon
the tipping floor which contains Hazardous Waste or Unacceptable Waste. In
the event Garbage, Refuse and Rubbish is rejected by the Facility, and the
Contractor disagrees with a decision by the Facility to reject a load of Garbage,
Refuse and Rubbish, the Contractor shall have the right to present information
to the County, the Facility, and the City in support of its claim. The claim will
then be resolved by the City, County and Facility.
2. Recycling Collection
a. The Contractor shall not mix other types of refuse or inorganic materials
with the Recyclables or take any action so as to make the Recyclables
unacceptable to the operators of the recycling center.
b. The Contractor must provide monthly reports for all materials
collected. The required information includes the market, the receipts, and
the net weight and type of material.
B. Service Schedule
1. Only such pick-ups shall be made as have been authorized by the City, and the
Contractor shall not be entitled to payment for any pick-up(s)made and not
authorized by the City. The Contractor shall not be required to provide Collection
Service on New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, or Christmas Day (the Holidays); provided, that the Holiday
4
falls on a weekday, it will be the only day on which routes are not collected. When
a Holiday falls on a weekday, the Contractor will collect the routes for the
designated day the following day for the rest of the week. Specifically, if a
Holiday falls on a Monday, the Monday routes will be collected Tuesday, the
Tuesday routes will be collected on Wednesday and so on through Saturday of the
week during which the Holiday falls. It shall be the Contractor's responsibility to
notify the City of any changes in the collection schedule as a result of said
Holidays.
2. The City reserves the right to improve or temporarily close any street or alley
which may prevent the Contractor from traveling his/her accustomed route or
routes for collection. The Contractor shall contact the Environmental
Administrator prior to each construction season to determine areas of conflict and
possible alternate routes or solutions. No additional compensation will be due for
this interference.
3. The City reserves the right to adjust the services identified in Attachment A during
the time of this Agreement. In the event such adjustments are made, the City and
Contractor shall negotiate appropriate adjustments to the contract payment outlined
in Attachment B.
C. Performance of Collection
1. Equipment
a. The Contractor shall make all collections of Garbage,Refuse, Rubbish,
Recyclables, and SSO in water-tight metal receptacles or vehicles with
closed tops so constructed that their contents will not leak, spill, or scatter
there from. Should any Garbage, Refuse, Rubbish, Recyclables, or SSO be
dumped or spilled in collecting or transporting, it shall be immediately
cleaned up. A broom and shovel in good useable condition should be
placed and maintained on each vehicle for this purpose. Receptacles and
vehicles shall be kept clean and as free from all offensive odors as possible
and shall not be allowed to stand in any street, alley, or other place longer
than is reasonably necessary to collect Garbage,Refuse, Rubbish,
Recyclables, or SSO.
b. All vehicles shall be painted and marked uniformly and shall have the
hauler's name and telephone number prominently displayed in letters of a
contrasting color, at least three inches high, on each side of the vehicles.
C. The Contractor shall keep all equipment used in the performance of the
work in good operating condition and in a clean, sanitary condition, shall
thoroughly disinfect each vehicle at least once a week unless the same has
not been used since the last disinfection thereof, and shall thoroughly
inspect each vehicle as necessary. They shall be equipped to meet all
5
federal, state, and municipal regulations concerning vehicles used on public
roads and maintained to meet these standards. Equipment is subject to
periodic inspection by the City.
d. The Contractor shall furnish the Environmental Administrator with a
written description of all vehicles and equipment to be used within the City
of Elk River in the performance of this Agreement and shall advise the
Environmental Administrator in writing of any withdrawal of a part of such
equipment or of any change therein within one week of the time of making
such change.
e. Each collection vehicle shall have a flashing light warning system, fire
extinguisher, and proper back-up alarms as approved by the Environmental
Administrator.
2. Personnel Requirements
a. There shall be no limitation on the size of the hauler's collection crew so
long as they are sufficient to fulfill the requirements of the specifications of
this Agreement.
b. The Contractor's employees shall handle all containers with reasonable care
to avoid damage, replace the containers in an upright position in their
location , and dis , and dispose of any spilled materials promptly. The
Contractor's employees will also report to the Contractor any violations of
regulations they observe in the performance of their work. Employees shall
be sober at all times in the performance of their duties,be of a presentable
appearance, perform work in a neat and quiet manner, and at all times be
courteous to the public.
3. Supervision
a. A full-time superintendent of collections shall be employed by the
Contractor and shall be the representative of the Contractor under this
Agreement. The superintendent shall be on the job during normal hours of
Collection Service and shall maintain proper schedules for collection.
The superintendent shall have supervisory duties which shall include
servicing of complaints.
b. All services to be performed for the City by the Contractor pursuant to the
terms of this Agreement shall be supervised by the Environmental
Administrator. The Environmental Administrator shall have access to all of
the Contractor's Elk River records and equipment at reasonable times.
4. Complaints
6
a. Whenever the City notifies the Contractor of a location which has not
received scheduled service, the Contractor is required to service such
location no later than the following working day from the time of
complaint. A record of all complaints and action taken thereon shall be
kept by the Contractor.
5. Legal Compliance
a. The Contractor shall comply with all applicable ordinances of the City and
the laws and regulations of Sherburne County and the State of Minnesota
and their agencies relating to sanitation and collection of Garbage, Refuse,
Rubbish, Recyclables, and SSO in effect during the term of this Agreement.
b. The Contractor shall report all violations of ordinances pertaining to
Garbage, Refuse, Rubbish, Recyclables, and SSO collection and disposal
for enforcement purposes, including all unsanitary and filthy conditions, to
the Environmental Administrator.
6. Safety
a. The Contractor shall provide and maintain all sanitary and safety
accommodations for the use and protection of its employees as may be
necessary to provide for their health and welfare and comply with federal,
state, and local codes and regulations, as well as those of other bodies and
tribunals having jurisdiction. Employee safety and sanitation facility
regulations are set forth in Minnesota Statutes 182 and in the Department of
Labor and Industry's Labor Safety Code (LISC 73-75).
V. Payment under Agreement
A. The City will compensate the Contractor, according to the rates set forth in
Attachment B, for collection of Garbage, Refuse, Rubbish, Recyclables, and SSO.
B. During the period of the Agreement, the City will pay to the Contractor such
compensation on a monthly basis, upon receipt from the Contractor of a bill and the
monthly tonnage report. The compensation shall be for the Collection Service
billed during the preceding calendar month in accordance with the directions from
the City Administrator.
C. Tipping fees charged by the ERRRF for Garbage, Refuse and Rubbish delivered to
and accepted by the ERRRF pursuant to this Agreement shall be paid directly to the
ERRRF by the City, until such time as City shall notify Contractor of an alternate
arrangement. Tipping fees paid to any Facility other than ERRRF shall be paid by
the Contractor,unless other arrangements are made in advance with the City, and
the City will reimburse Contractor the lesser of actual tipping fees paid or the then
current tipping fees at the ERRRF. City shall have the right,upon 15 days written
7
notice, to have Contractor pay tipping fees to the ERRRF. All tipping fees paid to
ERRRF will be reimbursed by City unless City has directed that refuse be delivered
to a different Facility.
D. State sales tax and surcharges.
The applicable state sales taxes and surcharges shall be paid to the state by the
Contractor
VI. Performance of Agreement
A. The Contractor shall keep complete and accurate records in accordance with
generally accepted accounting practices.
B. The Contractor shall supply all labor, material, and equipment necessary for the
carrying out of the Agreement.
C. Insurance
During the entire period of the Agreement, the Contractor shall maintain, at its cost
and expense, and file with the City, policies or certificates of Workers'
Compensation and Liability Insurance. Minimum insurance policy coverage
requirements are $500,000 bodily injury per person, $1,000,000 aggregate per
occurrence, and $50,000 property damage. All policies evidencing insurance
required by this paragraph shall name the City and the Contractor as named
insureds, and shall insure the City and the Contractor by reasons of any act or
omission, including negligence, of the Contractor or of the Contractor's employees
or agents in connection with the performance of this Agreement, including claims
arising out of the use of or operation of any vehicles used by the Contractor or the
Contractor's employees or agents in performing this Agreement. Such policies
shall be in form and content satisfactory to the City Attorney and shall be filed with
the City Clerk. A certificate showing that the Contractor has in effect the aforesaid
insurance covering both the Contractor and the City shall be filed with the City
Clerk within ten (10) days from the execution of the Agreement, and yearly
thereafter, at least thirty (30) days prior to the date of the expiration of said policies
of insurance for each year of the Agreement. All of the foregoing policies shall be
issued by an insurance company or companies licensed to do business in the State
of Minnesota and authorized to assume the risks covered thereby. Memorandum
policies and receipts for the payment of premiums shall be filed with the City
showing payment of premiums for at least one year in advance and on each renewal
date provided therein.
E. Indemnification
The Contractor agrees to indemnify and hold harmless the City, its agents, officers,
and employees from any and all claims, causes of action, liabilities, losses,
8
damages, costs, expenses including reasonable attorneys' fees, suits, demands, and
judgments of any nature,because of bodily injury to, or death of, any person or
persons and/or because of damages to property of the Contractor or others,
including loss of use from any cause whatsoever, which may be asserted against the
City on account of any act or omission, including negligence, of the Contractor, or
the Contractor's employees or agents in connection with the Contractor's
performance of this Agreement. The Contractor agrees to defend any action
brought against the City on any such matters, and to pay and satisfy any judgment
entered theron together with all costs and expenses incurred in connection
therewith. The City shall in no way be liable for any claims or charges incurred by
the Contractor in the performance of this Agreement.
F. Guaranty of Nondiscrimination
The Contractor agrees that during the life of the Agreement, the Contractor will
not, within the State of Minnesota, discriminate against any employee or applicant
for employment because of race, color, creed, national origin or ancestry, or sex,
and will include a similar provision in all subcontracts entered into for the
performance thereof. The Agreement may be cancelled or terminated by the City,
and all money due or to become due may be forfeited for a second or subsequent
violation of the terms or conditions of this paragraph. This paragraph is inserted in
the Agreement to comply with the provisions of Minnesota Statutes, § 181.59.
G. Payment of Subcontractors and Employees.
The Contractor shall promptly pay all persons doing work or furnishing skills,
tools, machinery, or materials or insurance premiums or equipment or supplies and
all just claims for such work, material, equipment, insurance, and supplies in and
above the performance of this Agreement.
VII. Assignment and Transfer of Agreement.
A. The Contractor will not make or create, or suffer to be made or created, any total or
partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in
any other mode or form of or with respect to this Agreement or any part thereof or
any interest therein, or any Agreement or agreement to do any of the same, without
the prior written approval of the City, which approval will not be unreasonably
withheld.
B. The City shall be entitled to require, except as otherwise provided in this
Agreement, as conditions to any such approval that:
1. Any proposed transferee shall have the qualifications and financial
responsibility, as reasonably determined by the City, necessary and
adequate to fulfill the obligations undertaken in this Agreement by
Contractor; and
9
2. The transfer does not create an anti-trust situation in the local refuse hauling
industry that is contrary to the public interest of the residents of Elk River;
and
3. Any proposed transferee, by instrument in writing satisfactory to the City,
for itself and its successors and assigns,has expressly assumed all of the
obligations of service under this Agreement and agreed to be subject to all
the conditions and restrictions to which service is subject. It is the intent of
this Section VII, together with other provisions of this Agreement, that (to
the fullest extent permitted by law and equity and excepting only in the
manner and to the extent specifically provided otherwise in this Agreement)
no transfer of, or any interest therein, however consummated or occurring,
whether voluntary or involuntary, shall operate, legally or practically, to
deprive or limit the City of or with respect to any rights or remedies or
controls provided in or resulting from this Agreement; and
4. There shall be submitted to the City for review all instruments and other
legal documents involved in effecting such transfer, and if approved by the
City, its approval shall be indicated to the Contractor in writing. The
proposed transferee shall submit to the City for review all bonds, insurance
policies, and any and all other documents required by this Agreement, and
if approved by the City, its approval shall be indicated to the proposed
transferee in writing.
VIII. Payment of Subcontractors and Employees.
The Contractor shall promptly pay all persons doing work or furnishing skills,
tools, machinery, or materials or insurance premiums or equipment or supplies and
all just claims for such work,material, equipment, insurance, and supplies in and
above the performance of this Agreement.
IX. Termination of Agreement
A. This Agreement may be terminated only:
1. By written Agreement by the parties; or
2. If the City determines that the Contractor is in violation of the terms of this
Agreement, a written notice will be sent to the Contractor allowing ten (10)
days to comply. Failure by the Contractor to comply within the 10 day cure
period will result in cause for the City to immediately terminate this
Agreement by written notice to the Contractor.
3. If the Contractor fails to fulfill any of the provisions of this Agreement, the
City Administrator shall be authorized to hire such personnel or equipment,
10
or assign City employees and equipment, as may be necessary to do such
work and the cost of such expenses thereof may be charged and deducted
from any monies due the Contractor, collected from the Contractor, or
collected by recourse to the Contractor's performance guarantee submitted
pursuant to Section VI.E.
B. Upon termination of this Agreement:
I. Contractor shall discontinue providing collection service on the date
specified in the written Agreement to terminate or the City's notice to
Contractor of termination; and
2. Contractor shall transfer all records,pick up their containers
3. If the Contractor fails to fulfill any of the provisions of this Agreement, the
City shall be authorized to fulfill the Contractor's obligation under this
Agreement and may hire such personnel, or assign City employees and
equipment, as may be necessary to do so. The City's costs to fulfill the
Contractors obligations under this Agreement shall be the responsibility of
the Contractor, shall be charged to the Contractor, and may be deducted
from any monies due the Contractor, or may be collected from the
Contractor.
X. Entire Agreement
This Agreement,within Attachments A and B, incorporated herein by reference, is
the entire agreement between the parties. No modification of this Agreement shall
be valid or effective unless made in writing and signed by the parties hereto.
IN WITNESS WHEREOF, the City of Elk River and Randy's Sanitation, Inc. have executed this
Agreement the day and year written below.
RANDY'S ENVIRONMENTAL SERVICES CITY OF ELK RIVER
By: By:
John J. Dietz
Its: Its: Mayor
By:
Tina Allard
Its: City Clerk
Date: Date:
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CERTIFICATES OF ACKNOWLEDGMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE)
On this day of , 2014, before me personally appeared ,
to me know, who, being duly sworn,did say he is the , of Randy's Environmental
Services, and acknowledged that he executed the same as his free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE)
On this day of , 2014,before me personally appeared John A. Dietz and Tina
Allard, to me personally known,who,being duly sworn, did say they are the Mayor and City Clerk of the
City of Elk River,Minnesota, and acknowledged the instrument to be the free act and deed of said
corporation.
Notary Public
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ATTACHMENT A
1) City Hall:
a) 1 —3 yard trash dumpster (weekly)
b) 1 —3 yard single-sort recycling dumpster (weekly)
c) 1 —95 gallon organics cart (weekly) (1 outside)
d) 2—30 gallon organics cart rent (in ERMU and City Hall kitchens)
e) 1 —95 gallon Locking Cart for Document Destruction (monthly) (City Hall Copy room)
2) Public Safety Building (13077 and 13073 Orono Parkwa4:
a) 1 —3 yard trash dumpster (weekly)
b) 1 —3 yard recycling dumpster (weekly)
c) 4—36 inch Locking Cart for Document Destruction (monthly) (3 at Police, 1 at Fire)
d) 2—35 gallon organics cart rent (1 at Police, 1 at Fire)
e) 1-95 gallon organics cart (weekly)
f) 1-65 gallon Locking Cart for Document Destruction—Media (when needed)
3) Maintenance Facility (19000 Proctor Ave.)
a) 1- 6 yard trash dumpster (twice a week)
b) 1 —3 yard single-sort recycling dumpster (weekly)
c) 1 —95 gallon organics cart (weekly)
d) 1 —4 yard trash dumpster (weekly) (Compost site)
e) 1 —4 yard plastic oil jugs dumpster (weekly) (Compost site)
1 —35 inch Locking Cart for Document Destruction (monthly) (Streets office)
g) 2—35 gallon single-sort recycling carts rent (Kitchen)
h) 2—35 gallon organics carts rent (Kitchen)
4) City Hall/ Elk River Municipal Utilities Office (13065 and 13069 Orono Parkway :
a) 1 —3 yard trash dumpster (weekly)
b) 1 —3 yard single-sort recycling dumpster (weekly)
c) 1 —95 gallon organics cart(weekly) (1 outside)
d) 2—30 gallon organics cart rent (in ERMU and City Hall kitchens)
e) 1 —95 gallon Locking Cart for Document Destruction (monthly) (City Hall Copy room)
5) Public Safety Building (13077 and 13073 Orono Parkway):
a) 1 —3 yard trash dumpster (weekly)
b) 1 —3 yard recycling dumpster (weekly)
c) 4—36 inch Locking Cart for Document Destruction (monthly) (3 at Police, 1 at Fire)
d) 2—35 gallon organics cart rent (1 at Police, 1 at Fire)
e) 1-95 gallon organics cart (weekly)
f) 1-65 gallon Locking Cart for Document Destruction—Media (when needed)
6) Maintenance Facility (19000 Proctor Ave.)
a) 1- 6 yard trash dumpster (twice a week)
b) 1 —3 yard single-sort recycling dumpster (weekly)
c) 1 —95 gallon organics cart (weekly)
d) 1 —4 yard trash dumpster (weekly) (Compost site)
e) 1 —4 yard plastic oil jugs dumpster (weekly) (Compost site)
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f 1 —35 inch Locking Cart for Document Destruction (monthly) (Streets office)
g) 2—35 gallon single-sort recycling carts rent (Kitchen)
h) 2—35 gallon organics carts rent (Kitchen)
7) Liquor Stores:
a) Northbound (19348 Evans SQ:
i) 1 —2 yard trash dumpster (weekly)
ii) City supplied 68 gallon cart for single-sort recycling (every other week)
b) Westbound (13484 185`h Streee
i) 1 —2 yard trash dumpster (weekly)
ii) City supplied 68 gallon cart for single-sort recycling (every other week)
8) Wastewater Treatment Plant (248 Railroad Drive
a) 1 —2 yard locking trash dumpster (weekly) (Front parking lot)
b) 2— 1 yard locking trash dumpster (weekly) (screen waste) *Must be manifested
9) Fire Station 1 (415-Jackson Avenue
a) 1 —2 yard locking trash dumpster (weekly)
b) 1 —95 gallon single-sort recycling (weekly)
10) Library (13020 Orono Parkway):
a) 2 - 95 gallon garbage carts (weekly)
b) 2—95 gallon single-sort recycling carts (every other week)
11) Ice Arena (1000 School Street
a) 1 —4 yard trash dumpster (twice a week) (SW corner of Arena)
b) 1 —4 yard single-sort recycling dumpster (weekly) (behind arena)
12) Downtown:
a) 10 —refuse containers/downtown business district' (Hauler bills City for new liners)
13) Activity Center (413 Proctor Avenue
a) 1 —95 gallon organics cart (weekly)
b) 1 —95 gallon trash cart (weekly)
c) 1 —95 gallon single-sort recycling (every other week)
d) 1 —35 gallon organics cart rent (inside)
14) Pinewood Golf Course (18150 Waco Std
a) 1 —2 yard locking trash dumpster'
b) 1 —2 yard single-sort recycling'
15) Parks and Ball Fields
a) 1 —6 yard locking trash dumpster for Lion's Park' (1104 Lions Park Drive)
b) 1 —6 yard trash dumpster at YAC' (9850 165`h Ave.)
c) 1 — 8 yard trash dumpster at DAAC' (13300 Business Center Drive)
d) 1 —6 yard trash dumpster at Hillside Park' (10801 1815`Ave. NW)
e) 1 —2 yard single-sort recycling dumpster at YAC'
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f 1 —2 yard single-sort recycling dumpster at DAAC3
g) 2—95 gallon single-sort recycling carts at Lion's Park (every other week)
1 Pickup weekly June 1 s'to August 31St and every other week from April 15`to May 31St and
September 1"to October 31`h. City staff will remove barrels on November 1"—no pick-up
November 1"through April 1St
2 Pickup Monday and Friday from April 1"to October 315`. City staff will remove barrels on
November 1"—no pick-up November 1st through April 15t
3 Pickup monthly June 1"to August 315`and every other week from April 1"to May 315`and
September 1"to October 31`h. City staff will remove barrels on November 1"—no pick-up
November 1"through April 15`
All garbage,refuse, and rubbish will be required to be delivered to the Great River Energy Resource
Processing Plant (10700 165`h Avenue NW, Elk River).
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ATTACHMENT B
Monthly payment= $1,859.00 (including tax) (Total Annual Contract= $22,307.95 (including tax)). The
Contractor shall itemize additional charges on its monthly invoice to the City described in Section IV D.2.
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