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HomeMy WebLinkAbout12-09-24-WSMayor: Address: David Grant 1245 W Highway 96 Arden Hills MN 55112 Councilmembers: --A EN HILLS Phone: Brenda Holden 651-792-7800 Emily Rousseau City Council Work Session Tena Monson Agenda Website: Tom Fabel December 9, 2024 www•cityofardenhills.org 5:30 p.m. City Hall City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long-standing tradition as a desirable City in which to live, work, and play. Members of the public may attend a meeting in -person at City Hall or they may view the meeting remotely on the City's website using the below link. Meetings are also broadcast on Cable Channel 16 for those that live in Arden Hills. https://cityofardenhills.org/320/Watch- City-Meetings This meeting will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER 1. PUBLIC INQUIRIES/INFORMATIONAL This is an opportunity for citizens to respectfully bring to the Council's attention any items which are relevant to the City. In addressing the Council, you must first state your name and address for the record. Comments shall be limited to three (3) minutes or less. Written documents or other materials should be handed to the City Clerk for distribution to the Council prior to or during the meeting. Council will generally not respond at the same meeting where an issue is initially raised by a member of the public but the Council may refer the issue to staff for further research and possible report or action at a future Council meeting. 2. RESPONSE TO PUBLIC INQUIRIES 3. AGENDA ITEMS 3.A. Recycling Services RFP/Contract Discussion Jen Estling, Deputy Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 3.B. Freeway Park Landscape Barrier Discussion David Swearingen, Public Works Director/City Engineer Documents: MEMO.PDF ATTACHMENT A.PDF 3.C. Committee/Commissions Liaisons Juile Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF 3.D. JDA Chair Discussion Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF 3.E. Rice Creek Commons/TCAAP Discussion Jessica Jagoe, Interim City Administrator Documents: MEMO.PDF 3.F. Agenda Planning Jessica Jagoe, Interim City Administrator Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 4. COUNCIL/STAFF COMMENTS ADJOURN AGENDA ITEM - 3A 'It -AII�)E_N HILLS MEMORANDUM DATE: December 9, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Jen Estling, Deputy Clerk/Recycling Coordinator SUBJECT: Recycling Services RFP/Contract Discussion Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Council should discuss and provide direction to Staff on the preference for negotiation of a three - or five-year contract for the Comprehensive Residential Recycling Contract beginning May 5, 2024. Background In 2015, the City entered into a recycling contract with Republic Services. Since that time, the City has elected to exercise its right to renew the contract with the final renewal being exercised last year. The current contract will expire on May 4, 2025. Republic Services notified the City that it will not extend the current contract. On September 9, 2024, City Council authorized the release of the Request for Proposals (RFP) seeking bids for Comprehensive Residential Recycling Services in Arden Hills. As a result of the RFP, there were three bids received. A Proposal Review Committee comprised of city staff and Ramsey County's Solid Waste Programs Supervisor was assembled. The committee members worked with Foth Infrastructure and Environment, LLC to evaluate the bids based on the criteria outlined in the RFP, as well as the financial components of each proposal. Each of the Recycling Haulers provided detailed proposals and Committee Members agreed that all three were qualified. The Committee evaluated each individual proposal and conducted interviews with all three haulers. The Committee unanimously selected Walters Recycling and Refuse. Page 1 of 4 Walters had the lowest Residential Dwelling Unit (RDU) cost in both the three- and five-year contract terms. They also provided an affordable option for the City's Multi -Dwelling Units (MDUs) to "opt -in", if they so choose. There are no MDUs opting in with our current recycling provider. The Residential Dwelling Unit costs per household are summarized below. A detailed cost comparison was provided by Foth Infrastructure and Environment, LLC and is included as Attachment A. The three-year cost proposals are as follows: 3-Year Contract Term Year 1 (5/5/25 to 5/4/26) Year 2 (5/5/26 to 5/4/27) Year 3 (5/5/27 to 5/4/28) Eureka WM Walters Eureka WM Walters Eureka WM Walters $8.98 $970 58-24 1 $9.22 $10.19 $8.48 1 $9.47 $10.69 $8.73 The five-year cost proposals are as follows: 5-Year 4antract Term Year 1 (5jVZ5to 514/25� 1 Year Z(5j5jZ6IDV4f27] Year (515 lbo 514129) Year 415/5IZBto 514129) Tear 5 to 514130] Eureka WM Walters Eureka WN! Walters Eureka WM Walters Eureka WM Walters Eureka WM Wafters $8.90 $9.70 $7.99 $9.14 $" 19 SUB I $9.39 min $41a18 "-U $11J3 $&73 $9.91 $11.19 $8.99 The draft contract to be negotiated with the hauler is written to include language for annual contract price increases which states "The City agrees that the price per Residential Dwelling Unit will increase each year by the Consumer Price Index (CPI) for the Upper Midwest as determined by the Federal Reserve Bank of Minneapolis or by three (3) percent, whichever is less. The price change shall go into effect on May S of each year. The City will notify the Contractor by the last week of January of the compensation rate for the subsequent contract year." This language exists in our current contract and staff has been told by Foth Infrastructure and Environment, LLC that this is a typical standard for increases. The pricing above includes a 3% increase over the contract years. Therefore, it could be less if the CPI is lower than 3%. It should be noted that the above proposed monthly rates are not reflective of administration costs that are charged monthly as part of the final assessed rate to residents on their property taxes. Based on the negotiations with the selected hauler, staff will bring forth the 2025 rate to the Council at your January 131h City Council meeting. There were factors, other than cost, that contributed to the Committee selecting Walters. • Walters is the only respondent to provide an optional quote to discuss collaboration with the City for a curbside bulky waste collection or possibly a City -run cleanup day. • Walters provided a transition and cart management plan that allows the City to retain ownership of the recycling carts with the storage and servicing of carts performed by the hauler. Page 2 of 4 • Walters has a comprehensive onboarding and new -hire training process and annual re- certification for existing drivers that will help ensure the transition to a new hauler goes smoothly. • Walters Recycling and Refuse has established a Women of Waste (WOW) program designed to recognize and retain women in the refuse industry. • Walters has experience with serving special events and Zero Waste events. The Committee members thought Walters was the best option based on experience, cost and company mission. During their interview they stated, "We are large enough to get the job done but small enough to care." Walters will continue the current collection schedule days and residents will continue to use the carts they have now. There is a strong contingency plan, with an account manager who will "own" the relationship with the City and be the day-to-day Senior -level contact at Walters as we make this change. As a result, Staff felt their proposal would deliver a seamless transition for our residents. Revenue Share Our current contract with Republic Services includes a Revenue Share option. Historically, we have received credits, however, the market is unpredictable and the amounts are inconsistent. Many communities are moving away from Revenue Sharing because it is difficult to budget for. Below are the annual Revenue Share amounts the City received with Republic. 2015 2016 2017 2018 2019 $1,083.97 $3,695.85 $15,170.59 $430.18 $106.19 2020 2021 2022 2023 2024 $21.09 $27,167.50 $19,344.03 $ - $4,705.21 Of the three bids received, only Waste Management included a Revenue Share option. After reviewing the cost comparisons prepared by Foth Infrastructure & Environmental, LLC it was determined that the alternate bid provided by Waste Management remained higher in terms of weekly collection rates and may likely negate any gain from Revenue Share, when it is earned. Recycling Carts As Council is aware, Arden Hills owns our recycling carts. Walters has experience with contracts where the City owns the carts. They have developed an efficient cart management process including inventory management, cart deployment, repairs, and cleaning of carts. They have multiple acres of paved yard for storage and a 2- person full-time cart maintenance crew who repair, wash, scrap, and process warranties on carts. They have sufficient space, personnel, and capacity to service the needs of the City. They will work in coordination with our current hauler to facilitate the transfer of the current cart inventory to their facility in Blaine. Page 3 of 4 Walters Recycling and Refuse Contract A draft contract was presented to Council as part of the approval to release the RFP. It is the same document format as was used with the previous recycling hauler. As a next step, Staff will begin negotiations with Walters Recycling and Refuse to reach a final contract agreement. The contract will be brought back for City Council approval at the January 13, 2025 Regular City Council Meeting. Ramsey County requires that Recycling Rates for Special Assessments on property taxes be submitted to them by January 17, 2025. Staff will submit these rates upon City Council approval of the contract. The Special Assessment amounts will be a blend of the expiring contract rates and the new negotiated rates, set to begin on May 5, 2025. Attachments Attachment A: Cost Analysis prepared by Foth Infrastructure & Environment, LLC Attachment B: Recycling RFP, including draft contract Page 4 of 4 Attachment A a 3 0 3 + 0 3 0 N Y +n > w y m ¢ N \ o II o + N Q Q O \ O Y w � N Y w K a ¢ a o n ¢ .6 z S R o o F o w u h Oi � vmR Oi y w C C •� N N Y £ N £ F o N 3 ~$ o m o o w } N w C - m ¢ + y 9 '" o C ¢ ILO «' ¢ .v. ry ¢ 3 '�^ Z 3 z — L' U m ° a on 3 3 no IN 0 3 no ry O^ o + 3 ��� ^ w a s o N Y m oo > m n a o v c £ a w a o $ o $ c y G a o2 a 7 w E N o u I o 0 E E V s"" Z,��. Attachment B Request for Proposals Comprehensive Recycling Services 2t �` �EN'HILLS City of Arden Hills 1245 Highway 96 W Arden Hills, MN 55112 September 2024 Comprehensive Recycling Services Prepared for City of Arden Hills 1245 Highway 96 W Arden Hills, MN 55112 (651) 792-7800 Prepared by Foth Infrastructure & Environment, LLC September 2024 Scheduled Release Date: September 11, 2024 Proposal Due Date: October 25, 2024, 4:00 p.m. 8550 Hudson Boulevard North • Eagle Point Office Center II, Suite 105 • Lake Elmo, MN 55042 • (651) 288-8550 foth.com Request for Proposals Comprehensive Recycling Services City of Arden Hills, Minnesota The City of Arden Hills (City) is requesting proposals for comprehensive recycling services to all Residential Dwelling Unit (RDU) households, and opt -in option for Multi -Dwelling Unit (MDU) households within the City of Arden Hills. The proposals shall be made in accordance with the Specifications and must be submitted to the City by: 4:00 p.m. CDT Friday, October 25, 2024 Questions, request for packets, and proposals should be directed to: Jen Estling, Deputy Clerk City of Arden Hills 1245 Highway 96 W Arden Hills, MN 55112 Phone number: (651) 792-7800 Email address: jestling@cityofardenhills.org pw:\Ramsey Co PH MN\0024R003.00\11000 Specifications and Procurement\Arden Hills\RFP-Arden Hills Comprehensive Recycling Services 2024.docx Comprehensive Recycling Services Table of Contents Page 1. Introduction..............................................................................................................................1 2. Contractor Selection Process and Schedule..........................................................................2 3. General Requirements for All Collections..............................................................................4 3.1 Contractor Service Requirements...............................................................................4 3.2 Recyclables..................................................................................................................4 3.3 Collection Vehicle Equipment Requirements............................................................4 3.4 Personnel Requirements.............................................................................................4 3.5 Recycling Containers...................................................................................................4 3.6 Collection......................................................................................................................4 3.6.1 Multi -Dwelling Units, Commercial, Institutional, and Industrial Buildings4 3.6.2 Curbside Single Stream...............................................................................5 3.7 Collection Hours..........................................................................................................5 3.8 Cleanup Responsibilities.............................................................................................5 3.9 Missed Collection Policy and Procedures.................................................................5 3.10 Holidays........................................................................................................................5 3.11 Weighing of Loads.......................................................................................................6 3.12 Utilities..........................................................................................................................6 3.13 Damage to Property.....................................................................................................6 3.14 Municipal Facilities and Parks....................................................................................6 4. Reporting and Promotional Activities.....................................................................................7 4.1 Monthly and Annual Materials Reports......................................................................7 4.2 Customer Relations Report.........................................................................................7 4.3 Annual Performance Review Meeting to Discuss Recommendations for Continuous Improvement............................................................................................7 4.4 Publicity, Promotion, and Education...........................................................................8 4.5 City Shall Approve Contractor's Public Education Literature...................................8 4.6 Annual Work Plan........................................................................................................8 5. Materials Processing and Marketing......................................................................................9 5.1 Processing Facilities Must be Specified....................................................................9 5.2 Estimating Materials Composition as Collected.......................................................9 pw:\Ramsey Cc PH MN\0024R003.00\11000 Specifications and Procurement\Arden Hills\RFP-Arden Hills Comprehensive Recycling Services 2024.docx ii Table of Contents (continued) 5.3 End Market Certifications................................................ 6. Payment and Damages................................................................. 6.1 Term of Contract.............................................................. 6.2 Revenue Sharing.............................................................. 7. Insurance and Other Legal Requirements .................................. 7.1 Insurance.......................................................................... 7.2 Worker's Compensation................................................... 7.3 Equal Opportunity............................................................ 7.4 Performance.................................................................... 7.5 Payment Bond.................................................................. 7.6 Conflict of Interest........................................................... 8. Submitting Proposals................................................................... 8.1 Proposals May Be Rejected in Whole or Part ................. 8.2 Respondents May Team with Other Companies........... 8.3 Trade Secrets (Include in a Separate Sealed Envelope) 8.4 RFP and Proposal to Become Part of Final Contract.... 8.5 References....................................................................... 8.6 How to Submit Proposals ................................................ 8.7 Proposal Content.............................................................. 8.8 Evaluation Criteria............................................................. Attachments ..9 10 10 10 11 11 11 11 ........................................ 11 ........................................ 11 ........................................ 11 .........................................12 ........................................ 12 ........................................ 12 ........................................ 12 ........................................ 12 ........................................ 12 ........................................ 12 ........................................ 13 ........................................ 13 Attachment A Draft Contract Attachment B List of Multi -Dwelling Unit Properties Eligible to Opt -in to Recycling Service pw:\Ramsey Cc PH MN\0024R003.00\11000 Specifications and Procurement\Arden Hills\RFP-Arden Hills Comprehensive Recycling Services 2024.docx iii Table of Contents (continued) Forms Form A Proposal Content Checklist Form B Respondent Questionnaire Form C Certification of Binding Signature Form D Certification of Independent Proposal Pricing Form E Price Worksheet Form F Itemized Listing of Trucks and Other Collection Equipment Form G Acceptance of Draft Contract for Services Form H Acknowledgement of Receipt of Addenda pw:\Ramsey Co PH MN\0024R003.00\11000 Specifications and Procurement\Arden Hills\RFP-Arden Hills Comprehensive Recycling Services 2024.docx iv 1. Introduction The City of Arden Hills, Minnesota (City) seeks to enter into a recycling contract with a company to provide comprehensive residential recycling services for the City. Recycling services include collection, processing, marketing, and public education. The City has contracted curbside recycling service for all one -to -four -unit residential buildings since 1992 In July 2014, the City Contractor began single stream recycling. Recyclables collection currently occurs weekly, on Tuesdays for properties south of I-694, and on Wednesdays for properties north of I-694. The current contract ends on May 4, 2025; the new contract will begin on May 5, 2025. The City goals for the new contract are to cost-effectively maximize the recovery of recyclables from all residents in the City, to market materials so they achieve their highest and best use, to provide excellent customer service and to encourage innovation. Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, and fiscal soundness. The City has a long-standing tradition as a desirable City in which to live, work, and play. The health of the community and the environment is a priority for Arden Hills. Residents and businesses take action in many ways to achieve this goal, including recycling and disposing of waste in an appropriate and approved manner. The community seeks to achieve the environmental aspects of the City's vision by working to advance the following goals from the 2040 Comprehensive Plan: ♦ Resilience and Sustainability — Promote resiliency and sustainable practices in the preservation, development, redevelopment, and maintenance of the City's natural and built environment. ♦ Public Facilities, Infrastructure, and Services — Provide efficient and high -quality public facilities, services, and infrastructure. ♦ Twin Cities Army Ammunition Plan (TCAAP) Redevelopment —Develop TCAAP in away that accommodates a mix of land uses that is sensitive to the natural environment, economically sustainable, and of benefit to the community. The City has articulated core values to bring its vision into the future, including: ♦ Strong neighborhoods and businesses. ♦ Fiscal responsibility. ♦ Environmental awareness and stewardship. ♦ Effective, timely, and inclusive communication. This request for proposal (RFP) document defines the RFP process and proposal requirements. Attached, and incorporated by reference into this RFP, is the Draft Contract for the Comprehensive Recycling Services for the City of Arden Hills (Attachment A). For the purpose of this RFP, the City has identified approximately 2,500 households in Residential Dwelling Units (RDUs), defined as single -unit households, duplexes, triplexes, fourplexes, and townhomes. These units will be serviced as RDUs under the Contract. Proposers are highly encouraged to evaluate the households and potential routing. The TCAAP Redevelopment, which could add up to 1,960 residential housing units, is a future opportunity for additional recycling services. The City has identified approximately 1,047 Multi -Dwellings Units (MDUs), defined as buildings with more than four units or mobile home parks which will be allowed to opt -in to the City recycling service contract. The City's existing business and industrial properties may also opt -in to the contract services. Attachment B provides a list of entities that have currently opted in. RFP for City of Arden Hills Recycling Services • 1 2. Contractor Selection Process and Schedule To the best of its ability, the City will use the following process and schedule for decision making: Event RFP Issued Date/Time September 11, 2024 Questions Regarding RFP to be Submitted and Deadline for Respondents' Notices of Intent to Propose September 25, 2024, by 4:00 p.m. Pre -proposal Meeting (Optional) October 2, 2024, at 1:00 p.m. Answers to Questions Issued October 7, 2024, by 4:00 p.m. Proposals Due October 25, 2024, by 4:00 p.m. Review of Proposals/Optional Interviews October 28-November 29, 2024 Council Meeting to Authorize Contract Negotiations December 9, 2024 These dates are subject to change as the City deems necessary. All contact by prospective Respondents and their agents about the City's RFP and procurement decision making must only be made with the City's designated contact person, Jen Estling. Prospective Respondents are encouraged to contact Jen Estling with questions or requests for more information. Respondents can attend an optional pre -proposal meeting at 1:00 p.m. CDT on Wednesday, October 2, at the Arden Hills City Hall. The City may, at its sole discretion, accept proposals from Respondents that do not attend the pre -proposal meeting. Questions, requests for clarification, or requests for information about this RFP or process must be submitted via email by 4:00 p.m. CDT, September 25, 2024, to: Jen Estling City of Arden Hills aestling@cityofardenhills.org Prospective Respondents interested in responding to this RFP shall notify the City via email of their interest by 4:00 p.m. CDT, September 25, 2024, to: Jen Estling, Deputy Clerk City of Arden Hills jestling@cityofardenhills.org Notifications shall include the Respondent's name and address, as well as a contact person's name and title, phone number, and email address. It is the responsibility of the Respondent to ensure that their Notification of Intent and References are received by the City. All questions and requests for more information and the City's responses will be summarized in writing and emailed to all parties that have submitted Intent to Propose. Responses will be emailed by 4:00 p.m. CDT October 7, 2024. The City may create an online "Recycling RFP" resource. If so, Respondents will be notified of the resource and are encouraged to periodically check the web page for RFP updates and addenda. Link to the resource would be provided via email by no later than October 7, 2024. RFP for City of Arden Hills Recycling Services • 2 All proposals must be emailed to Jen Estling no later than 4:00 p.m. CDT, October 25, 2024. Proposals received after that time may, at the sole discretion of the City, not be considered. The City will form a proposal review committee to review and analyze the details of the qualified submitted proposals (see "Evaluation Criteria" section of this RFP). Finalists may be invited to interviews with the review committee tentatively scheduled to be held the weeks of November 11-22, 2024. Following the interviews, the corn m ttee will recommend a preferred Respondent to the City Council. Upon direction from the City Council, City staff will negotiate final terms of the contract with the top -ranked Respondent. If negotiations with the preferred Respondent are not successful, the City may then initiate negotiations with second -ranked Respondent, and so on. Once a draft contract has been successfully negotiated, City staff will present a recommended contract to the City Council. The City Council may then award the contract and authorize staff to execute it. The new recycling contract will commence on May 5, 2025. RFP for City of Arden Hills Recycling Services • 3 3. General Requirements for All Collections 3.1 Contractor Service Requirements Comprehensive recycling services will be provided to all RDUs, with opportunities for MDU buildings, commercial, industrial, and institutional properties to "opt -in" to the service. Recyclables collection currently occurs weekly on Tuesdays for properties south of 1-694 and on Wednesdays for properties north of 1-694. The City will evaluate alternate proposals for bi-weekly collection. 3.2 Recyclables The recyclables defined in Section 3.5 shall be the minimum recyclables for collection and processing. The City encourages Respondents to propose additional recyclable materials that have steady, multiple -end markets. Such proposed additions must be accompanied by adequate documentation of steady, multiple -end markets. This documentation may remain confidential if requested by the Respondent. Respondents may otherwise modify the list of recyclables if accompanied by adequate documentation. The City will encourage the Contractor to explore markets for additional types of recyclable material. The list of recyclables may be modified by mutual written agreement between the City and the Contractor. 3.3 Collection Vehicle Equipment Requirements All collection vehicles will comply with United States Environmental Protection Agency and Minnesota Department of Transportation emission standards. All vehicles must be able to comply with local road weight limits. Respondents must indicate what model and year vehicles they will be using in their fleet using Form F. 3.4 Personnel Requirements All proposals shall show that the Respondent has sufficient personnel and equipment to fulfill the requirements and specifications of this RFP, including supervision and customer service. 3.5 Recycling Containers The standard cart shall be a 64-gallon cart, but opportunities for residents to use smaller (35-gallon) or larger (95-gallon) recycling carts should be provided. Recycling carts are owned by the City. The Contractor will be responsible and pay for all aspects of cart management and operations including (but not limited to), receiving, assembly, distribution (aka new cart "roll out"), management of excess cart inventory, (i.e., provide "warehouse" and inventory control services), cart switches/replacements, cart maintenance, repair or replace damaged carts, and manage all aspects of warranty repairs. The Contractor shall service and repair carts to meet supply and demand needs for the entire term of the contract. Any dumpsters requested by the City will be owned by the Contractor. 3.6 Collection 3.6.1 Multi -Dwelling Units, Commercial, Institutional, and Industrial Buildings MDUs and commercial, institutional, and industrial buildings in the City will be able to `opt -in" to the City recycling service in order to facilitate their compliance with state recycling requirements. The City does not regulate the day of the week these buildings shall receive service. A list of MDUs that have currently opted -in to the City recycling contract is contained in Attachment B. RFP for City of Arden Hills Recycling Services . 4 3.6.2 Curbside Single Stream Recycling shall be collected from residents' carts placed at the curbside on collection day and all recyclable materials that have been prepared according to publicized procedures shall be collected from each RDU and other buildings that have opted -in. Free walk-up service shall be provided for all customers who apply and are approved by the City. The driver will be required to record and report: ♦ The location of any cart that is damaged and replaced. ♦ Residents with overflowing recyclables so that additional carts can be offered to them. ♦ Residents with contaminated or non -recyclable materials in the carts. ♦ Number of set -outs per collection/route. ♦ Residents that do not participate in the recycling program. "Education tags" shall be left as needed for set -outs that have significant, visible contamination, indicating acceptable materials and the proper method of preparation. A copy of the tag shall be included with the proposal. Curbside recycling cart checks shall be conducted at least once per quarter. Areas for cart checks must rotate between each recycling collection day. The contents of carts from at least 50 households shall be audited and education tags left if any non -targeted materials are found in the carts. A City representative will be invited to participate in each quarterly cart check. 3.7 Collection Hours Collection operations shall commence no earlier than 7:00 a.m. and will be completed by 6:00 p.m. on the scheduled collection day. 3.8 Cleanup Responsibilities Any materials spilled or blown during the course of collection and/or hauling operations shall be cleaned up, by the Contractor. Any unacceptable materials left behind should be secured within resident's recycling container, and an education tag left for resident. Any liquid spills or leaks from the collection vehicle shall be immediately and completely cleaned up, and the City shall be notified within one hour of spillage or leakage of truck fluids (fuel, hydraulic fluid). 3.9 Missed Collection Policy and Procedures Missed collections shall be picked up on the same day that the Contractor receives notice of a missed collection. Staffing of a telephone -equipped office or call service to receive missed collection complaints between the hours of 8:00 a.m. to 5:00 p.m. Central Time on all weekdays, except Saturday, Sunday, and legal holidays (listed in Attachment A - Draft Contract). The call service shall be available from 8:00 a.m. to 12:00 (noon) on Saturday. 3.10 Holidays When the scheduled collection day falls on a holiday, collection in that day's zone and subsequent days' zones will be collected one day later, with Tuesday being collected on Wednesday and Wednesday being collected on Thursday or on regular Wednesday. Assistance shall be provided to the City in publicizing the yearly calendar including alternate collection days. RFP for City of Arden Hills Recycling Services . 5 3.11 Weighing of Loads Accurate records consisting of the date, time, collection route, driver's identification, vehicle number, tare weight, gross weight, net weight, and number of recycling stops for each loaded vehicle each collection day shall be kept. These records shall be maintained on file for at least three years in the event of an audit by the City or County. 3.12 Utilities All public and private utilities whether occupying street or public or private property shall be protected. If such utilities are damaged by reason of the Contractor's operations, under the executed contract, repair or replacement shall be done. 3.13 Damage to Property All necessary precautions will be taken to protect public and private property during the performance of the Contract. Any private or public property, including, but not limited to sod, mailboxes, or recycling carts which are damaged during recycling collections shall be repaired or replaced. Such property damage shall be repaired or replaced within 48 hours at no charge to the property owner, or a plan to repair or replace the property shall be developed within 48 hours which is approved by the City and/or property owner, at no charge to the property owner, with property of the same or equivalent value at the time of the damage. 3.14 Municipal Facilities and Parks Weekly trash and recycling dumpster service shall be provided at no additional charge to: 1. City Hall - 1245 Highway 96. 2. Public Works Maintenance Facility - 1425 Paul Kirkwold Drive 3. Cummings Park - 1219 Cummings Park Drive 4. Perry Park - 3700 New Brighton Road 5. Other mutually agreed upon City facilities Dumpster or cart service will be mutually agreed upon and containers will be provided to facilitate service at other City facilities as determined. The recycling service to be provided in parks can use regular residential recycling containers collected on site by the Contractor, can use residential recycling containers that service as "aggregator" containers for City personnel to consolidate parks recyclables, can be a service provided at a central location, or another option proposed by the Respondent. RFP for City of Arden Hills Recycling Services . 6 4. Reporting and Promotional Activities 4.1 Monthly and Annual Materials Reports Monthly reports and annual reports will be submitted to the City dealing with the City's recycling program. At a minimum, the monthly reports shall include the following information: 1. Total number of stops collected, total number of possible stops (set out numbers). 2. List of RDU or MDU addresses at which education tags were left that month. 3. Gross amounts of materials collected, by recyclable material (in tons). 4. Net amounts of materials marketed, by recyclable material (in tons). 5. Amounts of materials stored, by recyclable material, with any notes as to unusual conditions (in tons). 6. The markets generally used for the sale of recyclables during that month. 7. Amounts of process residuals disposed (in tons) and location of disposal facility. 8. Revenue share credits back to the City (if any). 9. Customer information collected on routes: ♦ The locations of damaged and replaced carts. ♦ Addresses that are not actively placing their recycling cart at the curb. Monthly reports shall be due to the City by the 151h day of each month subsequent to the month of the report. The first monthly report in 2025 shall be due June 15, 2025. Annual reports shall be due by January 15 and shall be a compendium of the previous monthly reports with an annual summary of trends. The annual report will include recommendations for continuous improvement in the City's recycling program (e.g., public education, multiunit recycling, etc.). Examples of monthly and annual reports shall be included with the Respondent's proposal. 4.2 Customer Relations Report Quarterly, the City will be provided with: 1. A list of all customer complaints, including a description of how each complaint was resolved. 2. The number, addresses, and results of the Quarterly Cart Checks. 3. A list of all missed pickups reported to the Contractor. Quarterly reports shall be due the 151h of the months of February, April, July, and October, with the 2025 quarterly reports beginning in July. 4.3 Annual Performance Review Meeting to Discuss Recommendations for Continuous Improvement The City shall schedule an annual meeting to include (but not be limited to): ♦ Review annual report, including trends in recovery rate and participation. ♦ Review efforts made to expand recyclable markets. RFP for City of Arden Hills Recycling Services . 7 ♦ Review performance based on feedback from residents. ♦ Review recommendations for improvement in the City's recycling program, including enhanced public education and other opportunities. ♦ Discuss actions in the Recycling Program to reduce the City's carbon footprint. 4.4 Publicity, Promotion, and Education The selected Contractor and the City shall work together in the preparation and distribution of educational materials to ensure accurate information and program directions. The selected Contractor shall pay for the annual design, printing, and mailing of a curbside program flyer and a digital file of the annual flyer shall be sent to the City representative. The flyer shall be delivered to homes no later than January 31 of each year. The publicity and promotion program may include articles for City newsletters, public appearances, provision of information for local environmental groups, or attendance at public events sponsored by the City. The Contractor shall at a minimum provide one newsletter article per year. Respondents shall describe their experience in these activities and whether there would be a cost associated with the service. In addition, Respondents are encouraged to specify other public education tools that they are willing to provide (e.g., recycling education materials targeted for a specific neighborhood, targeting a specific material type, etc.). As part of the proposal, Respondents shall provide examples of public education materials they have developed for other municipalities. 4.5 City Shall Approve Contractor's Public Education Literature The Contractor shall conduct its own promotions and public education to increase participation. The Contractor shall submit a draft of any public education literature for approval by the City, at least one month before printing and release of any such literature. 4.6 Annual Work Plan An annual work plan will be included in the final recycling collection contract. The work plan shall include initiatives to improve the City's recycling program. These initiatives may include (but are not limited to) expansion of materials collected, voluntary expansion to businesses, effective education of residents with measurement, community involvement, outreach to low participating communities, and outreach using electronic communications including e-mail reminders and apps. RFP for City of Arden Hills Recycling Services . 8 5. Materials Processing and Marketing 5.1 Processing Facilities Must be Specified It is intended that all recyclables collected will go to recycling markets to be manufactured into recycled content goods. Preferably those markets will be in the Upper Midwest. The City shall be assured that adequate recyclable material processing capacity will be provided for City material collected. Contractor shall assure that all recyclables collected in the City are not landfilled or incinerated except for process residuals with written authorization from the City and the Minnesota Pollution Control Agency. The proposals must clearly specify the location(s) of its materials recovery facility (MRF), or subcontractor's facility, where material collected from the City will be delivered and/or processed and the residual rate at the facility. The Contractor shall provide written notice to the City at least 60 days in advance of any substantial change in these or subsequent plans for receiving and processing recyclables collected from the City. Respondents shall arrange a tour of the designated MRF for the RFP review committee. The tour shall occur before November 22, 2024. 5.2 Estimating Materials Composition as Collected At least one materials composition analysis of the City's recyclables will be conducted each year to estimate the relative amount by weight of each recyclable commodity by grade. The results of this analysis shall include: 1. Percent by weight of each recyclable commodity by grade as collected from the City; 2. Relative change compared to the previous year's composition; and 3. A description of the methodology used to calculate the composition, including number of samples, dates weighed, and City route(s) used for sampling. A City representative will be notified of the date of the analysis no later than two weeks in advance and invited to participate in the analysis. The analysis will be conducted no later than December 1 of each year and a copy of the analysis will be provided to the City with the annual report, due January 15 of each year. 5.3 End Market Certifications Written certification will be provided to the City that all recyclable commodities identified are indeed recycled and not disposed. All end markets manufacturers or processors shall be identified for each of the recyclable commodities. RFP for City of Arden Hills Recycling Services . 9 6. Payment and Damages 6.1 Term of Contract The term of the new recycling contract will be either a period May 5, 2025, through May 4, 2028, (three year) or a period from May 5, 2025, through May 4, 2030 (five year). Respondent must submit pricing proposals for both scenarios. The City may, at its sole option, consider extensions to the contract. 6.2 Revenue Sharing All proposals shall state explicitly if the Respondent elects to participate in revenue sharing with the City Respondents are encouraged to present a competitive Revenue Share arrangement that provides incentive for the City and the Contractor to increase recycling and development of end markets. Respondents must state on the price worksheet the processing fee and what percent the net value will be used to calculate the City's revenue share. RFP for City of Arden Hills Recycling Services . 10 7. Insurance and Other Legal Requirements 7.1 Insurance The Contractor shall provide and maintain in full force and effect during the entire term of this ontract, regular Contractor's General Liability Insurance, with the City as an additional insured, providing for a limit of not less than Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries or death of one person, and subject to that limit for each person, and regular Contractor's automobile, property damage liability insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of destruction of property in any one accident, and subject to that limit per accident. The Contractor shall also provide workers' compensation insurance and employers' liability insurance as required by law. Policies or coverage required shall be updated as necessary to meet at least the amounts specified in Minnesota Statues § 466.04 for each year of the Contract. Contractor shall provide Environmental Impairment Liability (Pollution Legal Liability) for sudden and non -sudden (gradual) pollution occurrences covering all facilities and equipment owned and used by Contractor, or its agents or employees. Limits of liability shall be no less than $5,000,000 for each occurrence and $5,000,000 aggregate and shall continue for a two-year period following termination of this Agreement. Such policies shall provide for 10 days' notice to the City of any change, cancellation, or lapse of such policy. The Certificates of Insurance shall name the City as an additional insured, and state that the Contractor's coverage shall be the primary coverage in the event of a loss. Acceptance of the insurance by the City shall not relieve, limit, or decrease the liability of the Contractor. The Contractor shall further guarantee and save harmless and indemnify the City of and from any and all loss, damage, claims, suits, judgments ,and recoveries which may be asserted, made or may arise or be had, brought or recovered against the City by reason of any of the foregoing claims except such as are caused by the existence of the disposal sites at the locations specified or contemplated in the Contract; and that it shall immediately appear and defend the same as its own cost and expense. Prior to the effective date of this Contract, the Contractor shall file a copy of such policies with the Recycling Coordinator. 7.2 Worker's Compensation Evidence of Workers Compensation insurance covering all employees of the Contractor and subcontractors engaged in the performance of the Contract, in accordance with the Minnesota Workers Compensation Law shall be required. 7.3 Equal Opportunity During the performance of the executed contract compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor Regulations 41 CFR, Part 60 will be required. 7.4 Performance A Performance Bond as required by State Statute will be required to be fully executed and approved by the City 30 days prior to the start of the Contract. 7.5 Payment Bond A Payment Bond as required by State Statute will be required to be fully executed and approved by the City 30 days prior to the start of the Contract. 7.6 Conflict of Interest No member, officer, or employee of the City shall have any interest, direct or indirect, in the executed contract or the proceeds thereof. Violation of this provision shall cause the executed contract to be null and void. RFP for City of Arden Hills Recycling Services . 11 8. Submitting Proposals 8.1 Proposals May Be Rejected in Whole or Part The City of Arden Hills reserves the right to: ♦ Reject any or all proposals. ♦ Reject parts of proposals. ♦ Negotiate modifications of proposals submitted. ♦ Accept part or all of the proposals on the basis of considerations) other than proceeds or cost. ♦ Negotiate specific work elements with the preferred Contractor into a contract of lesser or greater expense than described in this RFP or the Respondent's reply. 8.2 Respondents May Team with Other Companies It is recognized that some prospective Respondents may wish to subcontract with other companies for processing services. This is allowed as needed, but all such Contractor -subcontractor relationships must be explicitly described in each proposal scenario. The City will contract with only one primary Contractor for the recycling services. Multiple Respondents may team up with other complementary hauling or recycling companies provided there is no collusion. A company may be listed as a part of more than one team as long as this company submits a written certification that no collusion occurred between competing proposals. 8.3 Trade Secrets (Include in a Separate Sealed Envelope) Respondent may elect to submit data in a separate sealed envelope with a cover memo requesting that the enclosed data be classified as "nonpublic data" under the Minnesota Government Data Practices Act. The City will review the data to determine its correct classification. 8.4 RFP and Proposal to Become Part of Final Contract The contents of this RFP, the successful proposal, and any written clarifications or modifications to the contents thereof submitted by the successful Respondent and approved by the City in writing shall become part of the contractual obligations and be incorporated by reference into the ensuing Contract. If any provision of the Draft Contract RFP or proposal is in conflict, the Final Contract takes precedence over the RFP, and the RFP takes precedence over the proposal. 8.5 References References shall include the name, phone number, and email address of a contact person from at least five cities. Respondents may submit up to 10 references. It is the responsibility of the Respondent to ensure their Notification of Intent and References are received by the City. 8.6 How to Submit Proposals Proposal shall be submitted to the Administration Department Office via email to Jen Estling, jestling@a cityofardenhills.org by no later than 4:00 p.m. CDT, Friday, October 25, 2024, with the name of the proposing company in the subject line of the email. Proposals will be treated in accordance with Minnesota Statutes 13.591, Subdivision 3 (b), Data Practices Act. RFP for City of Arden Hills Recycling Services . 12 8.7 Proposal Content Qualified proposals must include the Proposal Checklist Form A and items listed on the checklist. 8.8 Evaluation Criteria Arden Hills residents have identified a city-wide goal to be an environmentally sustainable community, and residents have identified various community values that environmental programs such as recycling should incorporate. The vision, values, and goals of the City lead to the following criteria that the City will use to evaluate proposals for recycling services: Collection Criteria: ♦ Clean and quiet service delivery. ♦ Low impact on street (size and weight of trucks). ♦ Easy for customers to participate. ♦ A broad range of accepted recyclables. ♦ Materials to be efficiently recycled (local markets, highest and best use for material). ♦ Facilitates increased MDU, commercial, institutional, and industrial recycling. ♦ Cost-effective service. Qualifications Criteria: ♦ How the proposals have been tailored to meet the particular needs of the City. ♦ Strength of qualifications of the Respondents (together with any proposed subcontractors). ♦ Comments from the Respondents' reference clients. Education and Customer Service Criteria: ♦ Frequent, effective education of residents. ♦ Community involvement. ♦ Outreach to low participating communities with public education tools specific to demographic needs including outreach using electronic communications and emerging technologies. ♦ Contractor is approachable and welcoming of customer questions and comments. ♦ Contractor has excellent service issue resolution. Environmental Benefits Criteria: ♦ Maximized diversion of compostable and other recyclable materials. ♦ Reduced carbon footprint. ♦ Residual rate at MRF. These evaluation criteria are not presented in any special order. No ranking of these criteria within this RFP is intended or implied. A review committee will evaluate all proposals submitted based on price, how well the proposal meets RFP base specifications, how well the proposal meets community values, and the Respondents' "Value Added" elements that go beyond the base specifications. Finalists may be invited to interviews. RFP for City of Arden Hills Recycling Services . 13 Attachment A Draft Contract RFP for City of Arden Hills Recycling Services DRAFT CONTRACT FOR THE COLLECTION OFRESIDENTIAL RECYCLABLE MATERIALS ,-o t �zS DI�EN HILLS CITY OF ARDEN HILLS CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Table of Contents 1. Term of Contract.....................................................................................................................2 2. Definitions.............................................................................................................................. 3 3. Scope of Work: GeneralProvisions........................................................................................ 7 4. Operations............................................................................................................................... 9 5. Collection Services...............................................................................................................10 6. Collection Equipment...........................................................................................................13 7. Employees.............................................................................................................................14 8. Indemnity..............................................................................................................................15 9. Insurance...............................................................................................................................16 10. Payment and Performance Bonds/Letter of Credit...............................................................17 11. Transferability of Contract...................................................................................................18 12. Reporting and Promotional/Educational Activities..............................................................19 13. Default and Termination.......................................................................................................21 14. Payment for Base Collection Services..................................................................................23 15. Miscellaneous Provisions.....................................................................................................26 Appendices Appendix A Map of Route Sectors by CollectionDay Appendix B City Building(s) and Park(s) to be serviced by the Contractor CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page i CITY OF ARDEN HILLS CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS This Contract, is made and entered into this day of May, 2025, by and between the City of Arden Hills, a Municipal Corporation under the laws of the State of Minnesota (hereinafter called the "City") and [Contractor] under the laws of the State of Minnesota, having its principal place of business at [CONTRACTOR ADDRESS] (hereinafter called the "Contractor"). WITNESSETH WHEREAS, the City requires the collection and proper management of recyclables within the corporation limits of the City; and WHEREAS, the Contractor is engaged in the business of collecting, processing, and marketing recyclables; and WHEREAS, the City released a request for proposals (RFP) for recyclables collection, processing, and marketing services on September 11, 2024; and WHEREAS, the Contractor submitted a proposal in response to the City's RFP on October 25, 2024; and WHEREAS, the City desires to hire the services of the Contractor [NAME] and the Contractor [NAME] desires to provide the services to the City; and NOW, THEREFORE, IT IS AGREED BY AND BETWEEN BOTH PARTIES: That the Recycling Contact for Residential Recycling Services with [NAME] (Contractor) outlines the requested services by the City and costs for these said services for eligible Residential Dwelling Units (RDU) and Multi -Dwelling Units (MDU). CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 1 1. Term of Contract 1.1. This Contract shall commence on May 5, 2025, and shall remain in full force and effect through either May 4, 2028 (3 year) or May 4, 2030 (5 year), unless terminated in accordance with Section 13 of this Contract. 1.2. The City at its sole discretion may elect to extend the Contract for three (3) or five (5), one (1) year increments (determined by initial contract length) or the City at its sole discretion may elect to extend the Contract for one (1), three (3) or five (5) year extension (determined by initial contract length). The terms and conditions of this Contract shall apply to any such Contract extension. Nothing in this Contract shall be interpreted to imply or infer that the City is committing to such extensions. 1.3. At least six months prior to the expiration of this Contract (or any extension period), the City shall notify the Contractor of its decision as to whether or not to exercise its extension option. The Contractor may request an early decision by the City for a contract extension by submitting a written request. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 2 2. Definitions The following terms, whenever used in this Contract, shall have the meanings set forth in this Section unless otherwise limited or expanded elsewhere in this Contract. Aluminum Cans Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. Aseptic Packaging and Containers designed to maintain the sterility of a sterile (aseptic) Milk Cartons product such as food (e.g., gable -top milk cartons, juice boxes and aseptic packaging used for soup, broth, soy milk, etc.). Aseptic packages are typically a mix of paper, polyethylene (low -density polyethylene [LDPE]), and aluminum. Base Collection Services The base level of recyclables collection services, which services are paid for by the City to the Contractor as specified in this Contract. Bulky Waste All large, bulky household materials which do not fit within a garbage cart and include (but are not limited to) carpeting and padding, mattresses, chairs, couches, tables, appliances, electronics, and car parts including wheels, rims, and tires. Carrier Stock Paperboard coated with resins to resist moisture and used for containers to carry products such as beer, water and soft drinks. Carts/Curbside Recycling The wheeled, lidded carts in which recyclable materials can be Carts stored and placed for curbside collection as approved and owned by the City. City The City of Arden Hills, Minnesota. Collection The aggregation and transportation of recyclable materials from the place at which they are generated; includes all activities up to the time when it is delivered to a recycling facility. Collection Vehicle Any vehicle licensed and inspected as required by state and county and approved by the City for recyclables collection within the corporate boundaries of the City. Collection Hours The time period during which collection of recyclables is authorized by the City. Commodity Any individual material, including specific industrial grade, as defined by this RFP. Contractor The City's recycling service Contractor under the new Contract beginning operation on May 5, 2025. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 3 Corrugated Cardboard Cardboard material with double wall construction and corrugated (Old Corrugated separation between walls including boxes for delivery and take out Cardboard) pizzas. Does not include cardboard heavily coated in plastic or wax. Contract Price for The amount of money per Residential Dwelling Unit (RDU) or Recyclables Collection Multi -Dwelling Unit (MDU) charged by the Contractor to the City Service per the terms and conditions of this Contract for costs attributable to the base recyclables collection service, including transport of these recyclables to the City -designated recycling center. County Ramsey County, Minnesota Curbside That portion of right-of-way adjacent to paved or traveled City roadways. "Curbside" as used in this Contract shall be interpreted to include alleys. Curbside Collection The collection of recyclables in accordance with this Contract, City ordinances, and City guidelines regulating the placement of the same. Glass Jars and Bottles Glass jars, bottles, and containers (lids/caps and pumps removed) that are primarily used for packing and bottling of food and beverages. Electronic Waste Any discarded consumer electronic device with a circuit board including (but not limited to): televisions, computers, laptops, tablets, computer monitors, peripherals (e.g., keyboard, printer, mouse, etc.), cell phones, PDAs, DVD recorders/players and video cassette recorders/players, and fax machines. HDPE Plastic bottles and non -bottle plastic containers made from high -density polyethylene resin. Holidays New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Market Any person or company that buys (or charges) for recycling of specified materials and may include, but is not limited to: end - markets, intermediate processors, brokers and other recycling material reclaimers. Materials Recovery A facility in which recyclable materials are processed. The facility Facility (MRF) must conform to all applicable rules, regulations and laws of state, local or other jurisdictions. Multi -Dwelling Units A building or a portion thereof containing five or more dwelling (MDUs) units. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 4 Multi -Dwelling Unit Recycling containers used for multi -dwelling units (MDUs) (MDU) Recycling including any cart, dumpster or other receptacle for temporary Containers storage and collection of designated recyclables from residents in MDUs prior to collection. Paper Products Paper includes the following: newspapers including inserts (ONP); household office paper and mail; boxboard; carrier stock cardboard; old corrugated cardboard (OCC) including boxes for delivery and take out pizzas; phone books; kraft bags; and magazines/catalogs (OMG). Plastic Food and Beverage Bottle and rigid plastic containers made of PET (plastic type #1), Containers HDPE (plastic type #2), and PP (plastic type #5). PET Plastic bottles and non -bottle plastic containers made from polyethylene terephthalate (e.g., soft drink, water, other bottles, deli clamshells, etc.). PP Containers made from polypropylene. Process Residuals The materials that cannot be recycled due to material characteristics such as size, shape, color, cross -material contamination, etc., which must be disposed as mixed municipal solid waste. Process residuals include (but are not limited to): bulky items, contaminants, sorted tailings, floor sweepings and rejects from specific processing equipment (e.g., materials cleaned from screens, etc.). Process residuals do not include clean, separated products that are normally processed and prepared for shipment to markets as commodities but which are of relatively low value because of depressed market demand conditions. Processing Fee Agreed upon unit fee allocated towards Contractor's cost of processing various types of recyclables. Producer Occupants of a RDU or MDU property who generate recyclable materials. Recyclable The current list of household recyclables established through Materials or guidelines released under the authority of the City. The current list Recyclables of recyclables, as of the date of Contract Execution, includes: Newspaper and Newspaper Inserts; Magazines and Catalogs; Junk Mail and Envelopes; Cardboard; Office and School Paper; Phone Books; Cereal and Cracker -type boxes; Shoeboxes; Brown Paper Sacks/Bags; Aluminum, Steel and Tin Cans, Scrap Metal less than 3 feet in length; Glass Bottles and Jars, Plastic Bottles and Cups; Plastic Food Containers, Tubs, Bowls, Yogurt Cups and Margarine/Whip Cream Tubs; Plastic Milk Jugs and Paper Milk Cartons; Juice Boxes; and other Paper/Aseptic Cartons. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 5 Recyclables Collection The collection of all recyclable materials properly set out by residents or property managers from eligible RDUs or MDUs into specially identified recyclable carts. Collection shall also include transporting the recyclable materials to the City -designated recycling center where materials can be processed for the marketplace. Residential Dwelling Unit Any eligible, occupied single-family dwelling, duplex, triplex or (RDU) fourplex within the City occupied by a person or group of persons. A RDU shall be deemed occupied when water is being supplied thereto. Source Separated Food waste, non -recyclable papers, house plants, and other Organics (SSO) household organics designated by the City that, once separated by residents, may be recovered for composting or other forms of organics recovery. SSO does not include yard waste for purposes of this Contract. Steel Cans Metal containers fabricated primarily of steel and/or tin used to contain food or beverages. Walk-up The collection of household waste and recyclable materials at a Collection RDU at a point close to the dwelling unit, in lieu of curbside collection, for producers or occupants who have a documented physical infirmity and when there is not a person living in the dwelling that is able to move wastes to the curb. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 6 3. Scope of Work: General Provisions 3.1. The work under the Contract shall consist of all the items contained in the Contract, including all the supervision, materials, equipment, labor, customer service operations, and all other items and functions necessary to complete such work in accordance with the Contract. 3.2. The City's RFP (including all addenda) and Contractor's proposal (including responses to City questions) are incorporated by reference into this final Contract. If there is any discrepancy between this final Contract and the City's RFP or the Contractor's proposal, this final Contract shall take precedence. 3.3. Recycling services will be provided to all RDUs, with opportunities for MDU buildings to "opt -in" to the service. Recyclables collection will occur weekly on Tuesdays for properties south of I-694 and weekly on Wednesdays for propertiesnorth of I-694. Appendix A includes a map of route sectors by collection day. 3.4. The Contractor will acquaint itself with all pertinent City Ordinances and other City guidelines and comply with said ordinances and guidelines. 3.5. The Contractor has made its own examination, investigation and research regarding the proper method of doing the work, and all conditions affecting the work to be done (including street layout, alley layout, overhead obstructions preventing automated lifting of carts, other geography, daily route sector boundaries, etc.) and the labor, equipment and materials needed thereon, and the quantity of work to be performed (including the Contractor's own field verification of RDU and MDU estimates provided by the City), and the Contractor agrees that it has satisfied itself by its own investigation and research regarding all of such conditions, and that this conclusion to enter into the proposed Contract is based upon such investigation and research, and that it shall make no claim against the City because of any of the estimates, statements, or interpretations made by any official officer or agent of the City which may prove to be in any respect erroneous. The Contractor so assumes the risk of all conditions foreseen and unforeseen and agrees to complete the work without additional compensations under whatever circumstances may develop other than as herein provided. 3.6. Household recyclables collection service from eligible RDUs shall be performed exclusively by the Contractor. 3.7. The Contractor shall be obligated to protect all public and private utilities whether occupying public or private property. If such utilities are damaged by reason of the Contractor's operations under this Contract, it shall repair or replace same or, failing to do so promptly, the City shall cause repairs or replacements to be made and the cost of doing so shall be deducted from payment to be made to the Contractor. 3.8. In performing any actions or services under this Contract, the Contractor shall comply with any and all federal and state statutes, rules and regulations and any and all City and County ordinances and regulations pertaining to or regulating the provision of such services or actions, including those now in effect or hereafter adopted. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 7 Any violation of such statutes, ordinances, rules or regulations by the Contractor shall entitle the City to take appropriate corrective action. Any material violation by the Contractor shall entitle the City to terminate this Contract upon twenty-one (21) days written notice of termination to the Contractor except as provided elsewhere herein. Prior to exercising the right of termination, the City shall notify the Contractor in writing and consult with the Contractor in an effort to resolve the dispute. The Contractor may have up to twenty-one (21) days to cure a violation prior to the City's exercise of its termination right, provided that such an opportunity to cure is not in conflict with the provisions of the subject law, ordinance, rule, or regulation. However, the opportunity to cure shall not apply to subsequent and repeated violations of the same law, ordinance, rule or regulation. Amendments to existing regulatory laws, ordinances, regulations and enactment of new laws, ordinances and regulations shall not serve as justification for the Contractor to terminate its obligations hereunder, unless such changes make the completion of this Contract impossible. 3.9. Neither the Contractor nor the City shall be liable for the failure to perform their duties if such failure is caused by a catastrophe, riot, war, fire, act of God, power failure, flood, disaster or other similar contingency beyond the reasonable control of the City or the Contractor. Labor disputes do not constitute situations beyond reasonable control. No person shall be illegally excluded from employment rights in, participation in, or be denied the benefits of the program which is the subject of this Contract on the basis of race, religion, color, creed, sex, age, disability, handicapped status, national origin or any other protected class defined under the Minnesota Department of Human Rights and/or federal law. The Contractor agrees to undertake all efforts at reasonable accommodations as may be required by state or federal law. 3.10. The Contractor shall obtain all required licenses and permits to perform the Contract and promptly pay all fees required or taxes assessed by the City or any other Governmental agency. 3.11. Contractor agrees that no member, officer, or employee of the City shall have any direct or indirect interest in this Contract or the proceeds thereof. Violation of this provision shall cause this Contract to be null and void and Contractor will forfeit any payments to be made under this Contract. 3.12. Neither the Contractor nor the City shall be liable for the failure to perform their duties if such failure is caused by a catastrophe, riot, war, fire, act of God, power failure, flood, disaster or other similar contingency beyond the reasonable control of the City or the Contractor. Labor disputes do not constitute situations beyond reasonable control. 3.13. The laws of the State of Minnesota shall be used to interpret this Contract. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 8 4. Operations 4.1. Collection of recyclables shall not start before 7:00 a.m. or continue after 6:00 p.m. Exceptions to collection hours shall be affected only by prior permission of the City. The Contractor shall request permission from the City for any exception first via telephone and then in writing to the City Recycling Coordinator with an explanation as to the reason for the exception request. 4.2. When a holiday falls on the day that recycling should normally be collected, each subsequent collection day will be delayed one day. For Example —if July 4 is on Tuesday, regular collection services that week will be Wednesday and Thursday. 4.3. The Contractor's employees shall handle the carts with reasonable precautions to prevent spilling or scattering of recyclable materials. The Contractor shall replace all carts in an upright position and shall immediately clean up and dispose of any contents thereof which may be spilled, regardless of whether the spill occurred on public or private property. 4.4. If the Contractor fails to clean up any scattered or spilled material or leaked material or fluids from recycling trucks within three hours after oral or written notice (email is acceptable) from the City, the City may cause such work to be done and deduct the reasonable cost thereof from any payments due and owing the Contractor, in addition to any other remedies provided herein. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 9 5. Collection Services 5.1. The recyclables collection service shall be provided every week from a 35-gallon, 64-gallon, 95-gallon or similar sized wheeled recycling cart(s). 5.2. Collection shall occur in the same location (i.e., at "curbside") and similar manner as household solid waste collection. 5.3. Recyclables "walk-up" collection may occur for eligible residents who apply forand receive City approval. Eligible residents may be disabled or handicapped. There will not be an additional charge to residents who are entitled to "walk-up" collection. 5.4. All occupants of RDUs in the City that set out recyclables for municipal collection shall be required to place their household recyclables in the City -supplied cart(s). 5.5. The current list of household recyclables is established under the authority of the City's Recycling Coordinator. The current list of recyclables as of the date of Contract execution are listed under the definition of "Recyclable Materials" in Section 2. This list may be amended by mutual agreement between the City and the Contractor. 5.6. All recyclable materials placed for collection by residents or management from eligible RDUs or MDUs shall remain the responsibility and ownership of theresidents or property owner until picked up by the Contractor. The City requires that all collected recyclables must be delivered to the Contractor's MRF in a manner acceptable to Ramsey County. 5.7. Residential recyclables collected from the City under this Contract will be kept separate from other materials until delivery to the MRF. Residential recyclables generated in Arden Hills shall be weighed on Certified Truck Scales and the weights reported to the City. The Contractor shall retain truck scale weight tickets for City inspection upon request for a period of at least three years. 5.8. The Contractor shall not landfill, incinerate or otherwise dispose of recyclable materials collected for recycling under this Contract without the specific, prior written approval of the City. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 10 5.9. Cart Ownership and Management 5.9.1. The City shall own the recycling carts. 5.9.2. The Contractor shall be responsible and pay for all aspects of cart management and operations including (but not limited to), receiving, assembly, distribution (aka new cart "roll out"), management of excess cart inventory, (i.e., provide "warehouse" and inventory control services), cart switches/replacements, cart maintenance, repair or replace damaged carts, and manage all aspects of warranty repairs. Contractor shall deliver 64- gallon carts to all RDUs and exchange with other sizes as requested within one week of a valid request. 5.9.3. The Contractor shall serve as the City's agent for purposes of implementing cart warranty service and replacements. The Contractor will make its best efforts tohelp assure eligible cart warranty repairs and replacements are paid for by the cart manufacturer and not the City. 5.9.4. The Contractor's cart distribution services shall consist of ongoing cart replacements (i.e. new customers, service changes, replacement of damaged containers, etc.) during the term ofthe Contract. 5.9.5. Damaged carts and old recycling bins that are not reusable 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. Residents may be allowed to keep their City- provided recycling bin for other uses. 5.10. Recyclable and Solid Waste collections from City Buildings and Parks 5.10.1. The Contractor shall provide recycling and solid waste collection services at the City owned and operated buildings and parks as listed in Appendix B. 5.10.2. Collection services shall be extended to all new City owned buildings and parks created during the term of the contract. 5.11. Customer Service 5.11.1. The Contractor shall maintain throughout the duration of the Contract designated single contact who is located in Minnesota and who has sufficient authority to resolve issues when officially notified by City staff. 5.11.2. The Contractor shall provide responsive, friendly customer service at all times including interactions with residents by drivers/crews on the collection route, on the phone, emails, web sites, and other forms of communication. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 11 5.11.3. In the case of alleged missed collections, the Contractor shall investigate, and, if such allegations are verified, the Contractor shall then arrange for the collection of the recyclable materials no later than 6 p.m. the following business day. 5.11.4. The Contractor shall establish and maintain an office or call service with continuous supervision to accept complaints and customer calls. The office shall be in service during the hours of 8:00 a.m. until 5:00 p.m. Central Standard Time on all days except Saturday, Sunday and legal holidays. The call service shall be available from 8:00 a.m. to 12:00 (noon) on Saturdays. The address and toll -free telephone number of such office shall be posted on the City's web site. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 12 6. Collection Equipment 6.1. When collecting recyclables under this Contract the Contractor shall use separate collection vehicles forrecyclables. 6.2. It shall be the Contractor's sole responsibility to comply with all road weight restrictions. The Contractor shall immediately inform the City of any notices of exceeding such restrictions. The City retains the right to inspect and/or weigh the Contractor's trucks at anytime. 6.3. All vehicles shall be kept in a clean and sanitary condition; and all collection vehicles shall be cleaned with pressurized hot water at least once a month. It may be necessary to wash these vehicles more often to improve the appearance of the vehicle, eliminate or control insect infestation, and to control odor, if so directed by the City. 6.4. The vehicle bodies shall be painted and numbered and shall have the Contractor's name and telephone number painted in letters of a contrasting color, at least four(4) inches high or easily readable under normal conditions. 6.5. The trucks shall be maintained in good working order. They shall be equipped to meet all federal, state and municipal regulations concerning vehicles used on City streets and alleys and maintained to meet these standards. 6.6. All vehicles shall be equipped with the safety equipment as required by any local, state or federal laws. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 13 7. Employees 7.1. All employees shall be competent and skilled in the performance of the work to which they may be assigned. Failure or delay in the performance of this Contract due to the Contractor's inability to obtain employees of the number and skill required shall constitute a default of the Contract. 7.2. The employees shall not use loud or profane language, shall be courteous at all times (arguing will not be tolerated) and shall perform their work as quietly and quickly as possible. 7.3. The employees (and vehicles) shall not drive over private property unless requested by property owners. 7.4. The City or its authorized agent may inspect the work performed for compliance with the Contract. The Contractor shall furnish all reasonable assistance required by the City or its representative for the proper inspection of the Contractor's premises, facilities, equipment and the MRF to which the City's recyclables are taken. 7.5. 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 collection of the City's recyclables. Such records and accounts shall, at all reasonable times, be open to inspection by the City and its agents. With reasonable notice, the City shall have the right to audit any portion of the Contractor's records relating to services provided under this Contract. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 14 8. Indemnity 8.1. 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 performance of this Contract by the Contractor, whether or not it shall be claimed that the injury was caused through an negligent act or omission of the Contractor, its employees, it subcontractors or their agents or in connection with any claim based on lawful demands of subcontractors, workers, or suppliers; and whether or not the persons injured on whose property was damaged were third parties, employees of the Contractor or employees of an authorized subcontractor; and the Contractor shall, at its own expense, defend the City in all litigation, pay all attorneys' fees and all costs and other expenses arising out of the litigation orclaim or incurred in connection therewith; and shall, at its 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. 8.2. 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 compensation due the Contractor, which will be sufficient in the opinion of the City's Attorney, to meet all claims of the persons, firms, and corporations as aforesaid. Such sum shall be retained until the liabilities are fully discharged or satisfactorily secured. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 15 9. Insurance 9.1. The Contractor shall provide and maintain in full force and effect during the entire term of this Contract, regular Contractor's Public Liability Insurance, with the City as an additional insured, providing for a limit of not less than Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries or death of one person, and subject to that limit for each person, and regular Contractor's auto, property damage liability insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out destruction of property in any one accident, and subject to that limit per accident. The Contractor shall also provide workers' compensation insurance and employers' liability insurance as required by law. Policies or coverage required shall be updated as necessary to meet at least the amounts specified in Minn. Stat. § 466.04 for each year of the Contract. Contractor shall provide Environmental Impairment Liability (Pollution Legal Liability) for sudden and non -sudden (gradual) pollution occurrences covering all facilities and equipment owned and used by Contractor, or its agents or employees. Limits of liability shall be no less than $5,000,000 for each occurrence and $5,000,000 aggregate and shall continue for a two-year period following termination of this Agreement. Such policies shall provide for ten (10) days' notice to the City of any change, cancellation, or lapse of such policy. The Certificates of Insurance shall name the City as an additional insured, and state that the Contractor's coverage shall be the primary coverage in the event of a loss. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. The Contractor shall further guarantee and save harmless and indemnify the City of and from any and all loss, damage, claims, suits, judgments and recoveries which may be asserted, made or may arise or be had, brought or recovered against the City by reason of any of the foregoing claims except such as are caused by the existence of the disposal sites at the locations specified or contemplated in the Contract; and that it shall immediately appear and defend the same as its own cost and expense. Prior to the effective date of this Contract, the Contractor shall file a copy of such policies with the Recycling Coordinator. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 16 10. Payment and Performance Bonds/Letter of Credit 10.1 Before the Contract shall be valid or binding against the City, the Contractor shall provide both a Payment Bond and a Performance Bond to the City of Arden Hills for the use of said City, and also for the use of anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment, or materials in the execution of such Contract, which bonds shall be signed by the Contractor and shall be in the amount of fifty (50) percent of the yearly Contract amount. The Bonds shall at all times be kept in full force and effect. The Bonds or Letters of Credit shall be approved by the City Attorney and filed with the City Clerk or designee. 10.2 The conditions of the Bonds or Letters of Credit shall be that the Contractor shall fully and faithfully perform all conditions of the Contract and these specifications; shall pay anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment or material in the execution of such Contract; and such Bonds or Letters of Credit shall provide the full amount thereof and shall be forfeited upon the Contractor's failure to comply therewith. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 17 11. Transferability of Contract 11.1 Other than by operation of law, no transfer or assignment of the Contract or anyright accruing under this Contract shall be made in whole or in part by the Contractor without the express written consent of the City. In the event of an assignment, the Contractor shall act as a guarantor of the assignee's satisfactory performance of all Contractual obligations. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 18 12. Reporting and Promotional/Educational Activities 12.1 Monthly and Annual Materials Reports. Monthly reports and annual reports regarding the City's recycling program will be submitted to the City. At a minimum, the monthly reports should include the following information: 12.1.1 Total number of stops collected, total number of possible stops (set out numbers). 12.1.2 Gross amounts of materials collected, by recyclable material (in tons). 12.1.3 Net amounts of materials marketed, by recyclable material (in tons). 12.1.4 Amounts of materials stored, by recyclable material (in tons), withany notes as to unusual conditions. 12.1.5 The markets used for the sales of each of the recyclable commodities during that month. 12.1.6 The amounts of process residuals disposed (in tons) and the location(s) of disposal facility. 12.1.7 Revenue share credits back to the City, with the calculations by which those credits were determined. 12.1.8 Customer information collected on routes: 12.1.8.1 The locations of damaged and replaced carts. 12.1.8.2 Addresses that do not participate in the recycling program. Monthly reports shall be due to the City by the 15th day of each month subsequent to the month of the report. The first monthly report in 2025 shall be due on June 15, 2025. Annual reports shall be due by January 15 and shall be a compendium of the previous monthly reports with an annual summary of trends. The annual report will include recommendations for continuous improvement in the City's recycling program (e.g., public education, multi -unit recycling, etc.). 12.2 Customer Relations Report. The City will be provided with 12.2.1 A quarterly list of all customer complaints, including a description of how each complaint was resolved. 12.2.2 The number, address and results of the Annual Cart Checks. Annual Cart Checks are completed by looking inside the cart of 100 residential properties to check for contaminants. 12.2.3 A quarterly list of all missed pickups reported to the Contractor. Quarterly reports shall be due the 15th of the months of February, April, July and October, with the 2025 quarterly reports beginning in July. Annual reports shall be due by January 15th of each year. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 19 12.3 Annual Performance Review. Meeting to Discuss Recommendations for Continuous Improvement. The City shall schedule an annual meeting to include (but not be limited to): 12.3.1 Review annual report, including trends in recovery rate and participation. 12.3.2 Review efforts made to expand recyclable markets. 12.3.3 Review performance based on feedback from residents. 12.3.4 Review recommendations for improvement in the City's recycling program, including enhanced public education and other opportunities. 12.4 Promotional/Educational Activities 12.4.1 The Contractor and the City shall work together in the preparation and distribution of educational materials to insure accurate information and program directions. The Contractor shall pay for the annual design, printing and mailing of a curbside program flyer with an additional 200 fliers to be placed at City Hall. The flyer shall be approved by the City in writing prior to printing or distribution. The flyer shall be delivered to homes no later than January 31 of each year. 12.4.2 The publicity and promotion program may include articles for City newsletters, public appearances, provision of information for local environmental groups, or attendance at public events sponsored bythe City. The Contractor shall at a minimum provide one (1) newsletter article per year. The Contractor is encouraged to develop new public education and outreach materials each year. 12.4.3 The Contractor will work with the City to prepare guidelines for residents of eligible RDUs and MDUs with recycling instructions. 12.4.4 Each year by January 31 st, the Contractor shall send a mailing to each residential property that is served by the Contractor with a specific listof instructions for sorting recyclable materials and setting out recycling carts. 12.4.5 The yearly mailing will include instructions for residents of eligible RDUs to have their recyclables carts set out to curbside by 7:00 a.m. on their designated recycling collection day. 12.4.6 The Contractor shall conduct its own promotions and public education to increase participation. The Contractor shall submit a draft of any public education literature for approval by the City at least one month before printing and release of any such literature. 12.4.7 The annual work plan shall include initiatives to improve the City's recycling program. These initiatives may include (but are not limited to) expansion of materials collected, voluntary expansion to businesses, effective education of residents with measurement, community involvement, outreach to low participating communities, and outreach using electronic communications including e-mail reminders and apps. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 20 13. Default and Termination 13.1 If the work to be done under this Contract is abandoned by the Contractor; or if this Contract is assigned by it without the written consent of the City Council; or if the Contractor is adjudged bankrupt; or if a general assignment of assets is made for the benefit of the Contractor's creditors; or if a receiver is appointed for the Contractor of any of its 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 it is executing the same in bad faith or otherwise not in accordance with the terms of this Contract, then the City may serve written notice upon the Contractor and its surety of the City's intention to terminate this Contract. 13.2 Unless within twenty-one (21) days after the servicing of such notice, a satisfactory arrangement is made for continuance, this Contract shall terminate and the Contractor and its surety shall be liable to the City for all costs. 13.3 The City May Withhold Payments or Performance Bond. In the event of Contractor's default under the terms of this Contract, all payments due the Contractor shall be retained by the City and applied to the completion of the Contract and to damages suffered and expenses 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 to the Contractor had such Contractor continued to perform the Contract. 13.4 Liquidated Damages 13.4.1 The imposition of liquidated damages is not a penalty, but recognition of the difficulty of ascertaining the damages resulting from certain types of performance breaches. The assessment of liquidated damages shall be at the reasonable discretion of the City and shall be in lieu of other remedies, if imposed. 13.4.2 The City may deduct the full amount of any liquidated damages from any payment due to the Contractor, but any liquidated damages not so deducted shall remain the obligation of the Contractor and be payable to the City on demand. 13.4.3 The City may assess liquidated damages in lieu of other remedies available to the City for breach of the Contract or violation of the City's ordinances. Failure to impose liquidated damages for lack of performance shall not constitute a waiver of the City's other rights and/or remedies under either the Contractor or the City's ordinances or any subsequent failure of performance. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 21 13.4.4 The Contractor shall be liable to the City for liquidated damages, in the amount of $75.00 for the first incident, $100.00 for the second incident and $200.00 per incident thereafter; upon determination by the City that performance has not occurred consistent with the following provisions of the Contract: 13.4.4.1 Failure to pick up missed collections by 6:00 p.m. on the day following scheduled collection day. 13.4.4.2 Failure to complete City-wide or route -wide collection by 6:00 p.m. on the scheduled collection day, unless prior approval is received by the City. 13.4.4.3 Failure to adequately address legitimate complaints, whether submitted by residents or the City. 13.4.4.4 Failure promptly to clean up any spills or leaks caused bythe Contractor. 13.4.4.5 Failure to clean up scattered or spilled material spilled bythe Contractor within three hours of written or oral notice from the City. 13.4.4.6 Disposal of recyclables by the Contractor in a landfill, resource recovery facility or other disposal facility without receiving prior written City permission. 13.4.4.7 Failure to adhere to other collection restrictions and requirements set forth in the Contract. If the Contractor has violated or failed to follow collection restrictions or requirements in general, the City may treat each violation or failure as a separate incident for the purpose of calculating liquidated damages. 13.4.4.8 Failure to request and obtain permission from the City for collecting on the residential routes earlier than 7 a.m. or later than 6 p.m. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 22 14. Payment for Base Collection Services 14.1 The City shall be responsible for invoicing and collecting the utility rate fees fromall eligible RDUs and MDUs receiving collection services. 14.2 The City may give the Contractor oral notice of discontinuation of service to RDUs or MDUs, promptly followed by written confirmation of the order. Upon reinstatement of service at the RDU or MDU by the City, the Contractor shall resume collections on the next scheduled collection day. 14.3 The Contractor shall bill the City for any collection services rendered to mutually agreed -upon, eligible RDUs and MDUs according to the collection service Contract prices set forth in this Contract. The Contractor shall invoice the City on a monthly basis within ten (10) days following the end of each month in a format to be specified by the City. The Contractor shall itemize applicable charges by county, state or federal agencies. 14.4 The City shall pay the Contractor within 35 days after receiving and approving the invoice from the Contractor. The City's payment to the Contractor shall be based on the approved invoice and the collection service Contract prices set forth in this Contract. The Contractor shall be entitled to payment for services rendered provided an approved invoice is submitted to the City pursuant to the terms of this Contract regardless of whether or not the City collects the utility rate fee from the specific RDU or MDU for such services. However, the Contractor shall not be entitled to receive payment for dwelling units for which the Contractor has received notice from the City of discontinuance of service. The City shall be entitled to offsets in its payments to Contractor amounts for Contractor errors or omissions as specified in the Liquidated Damages Section 13. 14.5 The City will compensate the Contractor through the base Contract prices set for recyclable collection services for RDUs. Commencing May 5, 2025, the base Contract prices will be: Recyclables Collection shall be $ per eligible RDU per month for weekly recycling service. Eligible RDUs with more than one (1) cart will be charged an additional fee of $2.00 per household per month per cart. 14.6 City will compensate the Contractor through the base Contract prices set for recyclable collection services for MDUs. Commencing May 5, 2025, the base Contract prices will be: Recyclables Collection shall be $ per eligible MDU per month for each four yard container serviced once per week or $ per eligible MDU per month for each 65 gallon cart serviced once per week. 14.7 The City shall provide a count of eligible RDUs and MDUs by January 1 of each year. These annual counts may include additional RDUs and MDUs added due to new development, redevelopment or other such changes. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 23 14.8 The Contract price will be multiplied by the total number of RDUs and MDUs as determined by the City to result in the monthly payment amount to Contractor. 14.9 Annual Contract Price Increase The City agrees that the price per residential dwelling unit will increase each year by the Consumer Price Index for the Upper Midwest as determined by the Federal Reserve Bank of Minneapolis or by three (3) percent, whichever is less. The price change shall go into effect on May 5 of each year. The City will notify the Contractor by the last week of January of the compensation rate for the subsequent contact year. 14.10 Processing Fees and Revenue Share [IF REVENUE SHARE IS INCLUDED] 14.10.1 The processing fee for all recyclable material commodities shall be $ per ton. The city agrees that the processing rate will increase each year by the Consumer Price Index for the Upper Midwest as determined by the Federal Reserve Bank of Minneapolis or by three (3) percent, whichever is less. The price change shall go into effect May 4 of each year. The City will notify the Contractor by the last week of January of the compensation rate for the subsequent contact year. 14.10.2 The Revenue Share on all commodities shall be split between the City and the Contractor at a rate of 80% (City) and 20% (Contractor). 14.10.3 The revenue will be calculated by multiplying the tons of individual materials collected, times the agreed upon material price. Total revenue shall be calculated by adding all of the revenue generated for each of the materials collected and processed. Contractor shall guarantee a minimum price on all materials of $0.00 per ton. If a particular material price is negative, a price of $0.00 per ton shall be used. 14.10.4 Processing fee will be calculated by multiplying the tons of individual materials collected by the agreed upon processing fee as described in Section 14.10.1. Total Processing Fees will be calculated by adding all of the processing fees generated for each of the materials collected and processed. 14.10.5 Revenue share received by the City will be calculated by subtracting the Total Processing Fee from the Total Revenues. If the remainder is positive, that number represents the revenue that shall be split between the City and the Contractor 80% (City) and 20% (Contractor). 14.11 Annual Residual Waste Evaluations. A load evaluation shall be made in the presence of both parties on a date mutually agreed upon to validate or re-establish the residual percentages used in the payback matrix. The annually validated and agreed upon percentage will be used until the next annual review. The City of Arden Hills and Republic Services agree that the commodity percentages listed on the Revenue Share Matrix are a reasonably accurate approximation of the percentages of each commodity of Recyclable Materials. The Revenue Share Matrix will be updated monthly by the actual percentages of residential single stream material shipped by Republic that month and the agreed upon residual percentages. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 24 14.12 Change in Law Provision. The City and Republic Services agree that any change in law that materially affects the performance or pricing of the agreement will be reviewed within 30 days of such law taking affect. Both the City and Republic Services agree that following the review the parties will negotiate in good faith to return this agreement to substantially similar terms, conditions, or pricing that were present prior to change in law. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 25 15. Miscellaneous Provisions 15.1 In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any of the remaining provisions or portions of the Contract. 15.2 Any notice or demand required herein shall be in writing and shall be effectively made if delivered to either party in person or, if mailed, sent by certified mail as follows: To the City of Arden Hills at 1245 West Highway 96, Arden Hills, MN 55112; and to the Contractor at 9813 Flying Cloud Drive, Eden Prairie, MN 55347; or to such other address as either party may furnish the other in writing. Any change must be agreed upon by both parties in writing. CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 26 Appendix A Map of Route Sectors by Collection Day (Tuesdays for properties south of 1-694 and on Wednesdays for properties north of 1-694) L it fir' 1... -'j •J .....� S. Base Map Ir a Ak)� \HILL- 1. FW 0 J60 t0lOi100 CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Appendix B City Facilities to be serviced by the Contractor. *City Hall and 14 City Parks (Park Recyclables maybe collected from a central location as determined by the Public Works Department) i od �• ps - 4 ••tt � - - �E•s,M C4Y D•grwF �-- .� �1 - i — E.e.q i.w� Nlsw•. � � � � I .. o.ypMq oa•.nM � IMr .. r �� -� • frr r,• Trail Map CITY OF ARDEN HILLS, MN CONTRACT FOR TI-IE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Attachment B List of Multi -Dwelling Unit Properties Eligible to Opt -in to Recycling Service RFP for City of Arden Hills Recycling Services Description Site Address # of Units TRAILER OR MOBILE HOME PARK 4605 PRIOR AVE N 276 MIXED RESID/COMMERCIAL 1201 COUNTY ROAD E W 74 Arden Flats Apartments 1290 COUNTY ROAD F W 60 Parkshore Apartments 1717 PARKSHORE DR 3100 37 Johanna Shores Senior Living 3200 LAKE JOHANNA BLVD 202 Cottage Villas of Arden Hills 3744 CLEVELAND AVE N 60 Round Lake Senior Living 1740 Parkshore 121 New Perspective Senior Living 3565 Pine Tree 145 CONDO 4 PINE TREE DR 110 1 CONDO 4 PINE TREE DR 111 1 CONDO 4 PINE TREE DR 112 1 CONDO 4 PINE TREE DR 113 1 CONDO 4 PINE TREE DR 114 1 CONDO 4 PINE TREE DR 115 1 CONDO 4 PINE TREE DR 116 1 CONDO 4 PINE TREE DR 117 1 CONDO 4 PINE TREE DR 118 1 CONDO 4 PINE TREE DR 119 1 CONDO 4 PINE TREE DR 120 1 CONDO 4 PINE TREE DR 121 1 CONDO 4 PINE TREE DR 122 1 CONDO 4 PINE TREE DR 123 1 CONDO 4 PINE TREE DR 124 1 CONDO 4 PINE TREE DR 125 1 CONDO 4 PINE TREE DR 126 1 CONDO 4 PINE TREE DR 127 1 CONDO 4 PINE TREE DR 128 1 CONDO 4 PINE TREE DR 129 1 CONDO 4 PINE TREE DR 130 1 CONDO 4 PINE TREE DR 131 1 CONDO 4 PINE TREE DR 132 1 CONDO 4 PINE TREE DR 133 1 CONDO 4 PINE TREE DR 210 1 CONDO 4 PINE TREE DR 211 1 CONDO 4 PINE TREE DR 212 1 CONDO 4 PINE TREE DR 213 1 CONDO 4 PINE TREE DR 214 1 CONDO 4 PINE TREE DR 215 1 CONDO 4 PINE TREE DR 216 1 CONDO 4 PINE TREE DR 217 1 CONDO 4 PINE TREE DR 218 1 CONDO 4 PINE TREE DR 219 1 CONDO 4 PINE TREE DR 220 1 CONDO 4 PINE TREE DR 221 1 CONDO 4 PINE TREE DR 222 1 1of2 Description Site Address # of Units CONDO 4 PINE TREE DR 223 1 CONDO 4 PINE TREE DR 224 1 CONDO 4 PINE TREE DR 225 1 CONDO 4 PINE TREE DR 226 1 CONDO 4 PINE TREE DR 227 1 CONDO 4 PINE TREE DR 228 1 CONDO 4 PINE TREE DR 229 1 CONDO 4 PINE TREE DR 230 1 CONDO 4 PINE TREE DR 231 1 CONDO 4 PINE TREE DR 232 1 CONDO 4 PINE TREE DR 233 1 CONDO 4 PINE TREE DR 310 1 CONDO 4 PINE TREE DR 311 1 CONDO 4 PINE TREE DR 312 1 CONDO 4 PINE TREE DR 313 1 CONDO 4 PINE TREE DR 314 1 CONDO 4 PINE TREE DR 315 1 CONDO 4 PINE TREE DR 316 1 CONDO 4 PINE TREE DR 317 1 CONDO 4 PINE TREE DR 318 1 CONDO 4 PINE TREE DR 319 1 CONDO 4 PINE TREE DR 320 1 CONDO 4 PINE TREE DR 321 1 CONDO 4 PINE TREE DR 322 1 CONDO 4 PINE TREE DR 323 1 CONDO 4 PINE TREE DR 324 1 CONDO 4 PINE TREE DR 325 1 CONDO 4 PINE TREE DR 326 1 CONDO 4 PINE TREE DR 327 1 CONDO 4 PINE TREE DR 328 1 CONDO 4 PINE TREE DR 329 1 CONDO 4 PINE TREE DR 330 1 CONDO 4 PINE TREE DR 331 1 CONDO 4 PINE TREE DR 332 1 CONDO 4 PINE TREE DR 333 1 2of2 Forms RFP for City of Arden Hills Recycling Services City of Arden Hills RFP for Recycling Services PROPOSAL FORMS: RFP FORMS A THROUGH H Instructions: Please use this Word document to enter your responses to the RFP questions. When you're done, please print and sign the final forms for submittal with your proposal and submit an electronic copy via email. The electronic proposal file must be in a PDF format. You may also print out this document, fill in your numeric answers by hand, attach additional sheets for typed narrative answers, sign the forms, and upload electronically to submit via email. All forms completed manually must be clear and legible. City of Arden Hills RFP for 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: Respondent Questionnaire (including references) ❑ Form C: Certification of Binding Signature ❑ Form D: Certification of Independent Proposal Pricing ❑ Form E: Price Worksheet ❑ Form F: Itemized Listing of Trucks and Other Collection Equipment ❑ Form G: Acceptance of Draft Contract for Services ❑ Form H: Acknowledgement of Receipt of Addenda Form A - 1 City of Arden Hills RFP for Recycling Services Form B: Respondent Questionnaire Instructions: Please use this form and attach additional pages as may be necessary to properly respond to each of the following questions. The word "Company" as used below includes partnerships, corporations, and/or sole proprietorships. Note: If this is a teaming arrangement, please list all team members providing: organization name, contact person, address, telephone number, email, website. 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? ❑ Yes ❑ No If yes, please list the name of the other organizations proposing as a part of your Team. (A letter of intent to intent to team should be included from each organization.) 2. 3. References: Provide on separate page(s) three (3) collection service references. Include: the name of the municipality or other government agency, number of households served, contract structure between the organization and current status, type of materials collected, summary of service level (e.g., weekly or EOW curbside recycling in carts, etc.). If this is a teaming arrangement, collection service references for each team member should be submitted. Form B - 1 City of Arden Hills RFP for Recycling Services Qualifications Questionnaire General Management Describe the management structure of your company, including local decision -making authority related to this Contract. Financial Stability and Strength Provide financial data for the previous three years (e.g., balance sheets, annual report). Recyclables Collection Experience List other communities in Minnesota for which you provide contracted services for single -stream recycling, the length of time you have provided those services, and the number of customers in each contract. Describe your experience with collections from residential, single-family households and multi -dwelling units (MDUs). Special Events List and summarize your past experience with providing recycling services at special events (e.g., community clean up events, other community events, etc.). MRF Residuals History List the process residuals rate for similar residential curbside recyclables collected for the past three years, even if the materials recovery facility (MRF) is owned or operated by another company. Identify the name and location of each MRF and the residual rate (percent of total incoming curbside residential recyclables). Measurement of Contaminants as Collected Describe your plan for measuring the frequency (e.g., percent of single unit dwellings that place unacceptable materials in the Recycling cart) and type of contaminants as collected. Measurement of Participation Describe your plan for measuring the participation rates of curbside Recycling customers (e.g., percent of single unit dwellings and opt -in establishments that set out Recyclables at least once over a six -week period of observation). Recyclables Marketing Plan What is your plan to address the fluctuating market prices for Recyclables? Form B - 2 City of Arden Hills RFP for 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. 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. 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. Proposal Description Provide a clear summary of your proposed recycling services operations including explicit deviations from the specifications within this RFP packet. Describe any expectations for City responsibilities not specified in this RFP packet. Form B - 3 City of Arden Hills RFP for Recycling Services Safety Plans and Records Summarize your safety plans for route collection operations to protect both residents and your workers. Summarize your safety plans for MRF operations (if you own your own MRF) and truck unloading procedures at the MRF. Have you had any OSHA — reportable accidents within the past three years in Minnesota? ❑ Yes ❑ No If so, please summarize. Cart Management Plan The City's currently owns the Recycling carts and plans to continue with that scenario. Describe how you plan to manage cart inventory, size switches, repairs, maintenance, new labeling, warranty work, etc. Contract Transition What is your plan for transition of operations between the current operations and the new Contract operations? Describe proposed timing of these transitions including: truck acquisition (if needed); personnel training for collection and customer service call center staff; public notices; etc. Proposed Additional Recyclable Materials Do you plan to collect and recycle any additional Recyclable Materials other than the minimum items listed in Attachment A, Section 2.4? ❑Yes ❑ No If yes, please itemize, including your materials marketing strategy to assure consistent end market outlets and actual Recycling of these additional items. (Note that you may request end market information be held as confidential under the Minnesota Government Data Practices Act procedures and standards.) Proposed Destination of All Materials In addition to the list of end markets for traditional recyclables, describe the ultimate processing or disposal facilities for all other materials to be collected as a part of this contract (e.g., recyclable items from the cleanup events such as appliances, C&D materials, etc.). Form B - 4 City of Arden Hills RFP for Recycling Services Proposed Spring/Fall Cleanup Days Operations The City currently has a Fall Clean Up day, typically in October. Describe your proposed operations for supporting collections from the City's annual Clean Up Day as part of your Proposal (minimum requirements). Subcontracting shall be allowed and encouraged if necessary to provide the full spectrum of required services. Alternate proposals with additional added value services (e.g., enhanced reuse and/or recycling of bulky items collected from the Clean Up Days) are encouraged but not required. Clean Up day shall be billed separately from the collection contract. Public Education The City and the Contractor will plan for a coordinated public education campaign. Does your Company use "education tags" that are left by your collection crews at the time material is left behind? ❑ Yes ❑ No If yes, please attach an example of one such education tag from another community. Describe your proposal to improve participation in low participation communities including Multi -Dwelling Unit Buildings. How do you propose educating individual residents in households who do not participate in curbside Recycling to improve Recycling participation? What forms of electronic communication and public education are you proposing to use to help educate Arden Hills residents and businesses? Do you utilize a Recycling app for residents to receive customized Recycling messages sent to their smart phone or other mobile device. ❑ Yes ❑ No If yes, please identify the app, any current municipal customers that use it, and describe how it will work for Arden Hills including roll -out schedule. What other (non -electronic) public education efforts have you used successfully in the past that are directly relevant to scope of service described in this RFP? What other public education efforts have you used successfully in the past which are directly relevant to this scope of service? Form B - 5 City of Arden Hills RFP for Recycling Services What are your plans for additional public education efforts? How do you propose establishing lists and then targeting residents for customized public education who do not participate in curbside recycling? What are your plans for providing public education in multiple languages (appropriate to the demographics of Arden Hills) for households that use English as a second language? Customer Service and Other Community Relations Services Describe your call center plans. At a minimum, describe: Location of the call center. Hours of live call center operations (i.e. a live person receives the phone call, whether directly upon incoming call or through an automated selection to speak to a representative). Average call center response times (time from arrival of call to "live" customer service employee contact with caller). Methods to support your customer service representatives to train them on Arden Hills - specific service elements and Contract standards. Do you currently use some form of "Frequently Asked Questions" (FAQs) together with standardized call center responses that are customized to a local community? ❑ Yes ❑ No If so, please provide a current example of such FAQs/responses. Methods to link customer complaints to improved route services. Proposed means to communicate with residents and City staff changes in collection schedule under severe weather incidents. Form B - 6 City of Arden Hills RFP for Recycling Services Payment Impacts Please describe how your proposed equipment and operations will minimize impacts on street pavements within Arden Hills. Clean Operations Please describe how your proposed equipment and operations will minimize litter and debris within Arden Hills. Quiet Operations Please describe how your proposed equipment and operations will minimize noise within Arden Hills. Local Markets Please describe how your proposed operations and materials marketing plans will maximize the use of local end markets to the extent possible. Please describe where the percentage of Recyclable materials from your operations in the Twin Cities are marketed: e.g. in Minnesota; in the Midwestern Region of the U.S., in North America, and to export markets abroad. Proposed Community Values Plan Respondents must identify their proposals to meet Arden Hill's community values including, but not limited to, the questions and specific examples below. Additional sheets may be added as needed (no page limit). Diversity, Equity and Inclusion (DEI) Does your organization have a DEI policy statement? ❑Yes ❑ No If yes, please include your DEI policy statement. Does your organization have its own DEI action plan? ❑Yes ❑ No If yes, please briefly summarize its DEI action plan. Form B - 7 City of Arden Hills RFP for Recycling Services If known, please summarize the means of providing equitable hiring and fair compensation of the workforce at the MRF where Recyclables collected from Arden Hills will be processed. Is this MRF workforce permanent staff with benefits? ❑Yes ❑ No ❑ Unknown If available, please elaborate, including the percent of staff that is permanent or temporary. Proposed Value -Added Plan Identify options, ideas, alternatives, or suggestions to add value to this service. Include a short description of how it adds value to the project and identify if the items will decrease or decrease cost, customer satisfaction, or both. You may add additional added -value options. Signature of person duly authorized to sign submittal on behalf of the Proposer: Authorized Signature Printed Name Date Form B - 8 City of Arden Hills RFP for 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 is authorized to execute all proposal forms included in this proposal response to the RFP and to bind the company to these agreements. He/she has read the information contained in this proposal and submitted by the Proposer and has personal knowledge that the information submitted is true and correct. I (Name of Authorized Officer) of (Title) (Date) (Proposer Firm name) Form C - 1 City of Arden Hills RFP for Recycling Services Form D: Certification of Independent Proposal Pricing Instructions: This form shall be executed by the authorized official to bind the company. The Proposer makes the following representations and certifications as part of this proposal: The undersigned 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: Printed Name Authorized Signature Date Form D - 1 City of Arden Hills RFP for Recycling Services Form E: Price Worksheet Instructions All Respondents must fill out at least one set of these price worksheets for the "base scenario" for fixed fees (without risk/revenue sharing). All parts of the price worksheet must be completed. To be responsive, the City requires proposed Recycling service prices for: • RDUs, • MDUs and opt -ins; • Three (3) year vs. five (5) year contract terms; and • Annual Event Cleanup. Optional: Curbside Bulky Waste Collection Scenario and Risk/Revenue Sharing. In addition, Respondents also may complete optional, alternate scenario price worksheets. Simply copy these pages and clearly mark your additional alternate scenario proposal as such. Respondents may submit multiple scenarios; there is no limit. Respondents may fill in the price worksheets below or use their own form. However, the contents in the price worksheets below must be included if alternative forms are submitted. When completed, print and sign the final forms for submittal with your proposal. You may also print out this document, fill in your numeric answers by hand, and then sign the price worksheets. All forms completed manually must be clear and legible. All price worksheets shall be executed by the authorized official to bind the Respondent If alternate proposal(s) are submitted, a separate Form E — Price Worksheet must be included, labeled "Alternate" with an appropriate title, that clearly specifies the proposed costs of any such alternate provision. In all cases, the City will own the carts for residential customers unless otherwise noted. The Contractor is required to store and handle the distribution of extra carts as well as field cart requests from residents. Alternate proposal scenarios may be proposed if the Respondent chooses to offer a variation to the current Proposal system: The proposal scenario includes a weekly single -stream collection and processing system, whereby residents are instructed to commingle all groups of City -Designated Recyclable Materials in a lidded, wheeled Recycling Cart. The City owns all of the Recycling Carts. The Contractor will store, manage and distribute carts to residents. Basic design and operating details of the current systems are assumed within this single -stream scenario, with the exceptions of enhanced public education and enhanced Contractor reporting requirements. Additional alternates not specified above that add value (e.g., additional services) are welcomed as long as a Proposal in accordance with the RFP and draft contract is Form E - 1 City of Arden Hills RFP for Recycling Services submitted. For example, Respondents are encouraged to propose collection of additional materials (such as scrap metal, household hazardous wastes, bulky items, textiles, etc.) if processing is feasible and suitable markets exist. Risk/Revenue Sharing Option You may submit an additional scenario price worksheet with risk/revenue sharing to accommodate the fluctuating value of recyclables. If you do so, your risk/revenue sharing option must be clearly described, prices and formulae itemized, and include at least two example annual calculations based on 2022 and 2023 market prices. If you submit such an option, the City requires you to submit it in addition to your proposed prices for the "base scenario" without risk/revenue sharing as outlined below. Alternate risk/revenue share proposals without the "base scenario" (without risk/revenue sharing) may be deemed non -responsive. If you propose a risk/revenue sharing scenario, you must use the assumed tonnage and material splits in Exhibit _ for calculating the net revenue share. It is important to note that the City does not guarantee any minimum tonnage or any specific material splits. These are estimates only for purposes of this RFP and comparing the value of any risk/revenue sharing proposals. Respondent Contact Information Organization name: Contact person: Title: Address: Phone: E-mail: Signature of Authorized Representative: (Printed Name) Date: Form E - 2 City of Arden Hills RFP for Recycling Services Form E.1: Recyclables Collection from Residential Dwelling Units (RDUs) (City owns the carts) Proposed price for weekly Recyclables collection from RDUs. The City owns the Recycling Carts. Your proposed prices should include all Recyclables processing/marketing/education/reporting costs and associated charges. Recyclables Service from RDUs ($ per RDU per month) Three -Year Term Proposed Recycling Service Fee per RDU per month Contract Year 1 2 3 5/5/25 to 5/4/26 5/5/26 to 5/4/27 5/5/27 to 5/4/28 12 months 12 months 12 months WEEKLY Five -Year Term Proposed Recycling Service Fee per RDU per month Contract Year 1 2 3 4 5 5/5/25 to 5/4/26 5/5/26 to 5/4/27 5/5/27 to 5/4/28 5/5/28 to 5/4/29 5/5/29 to 5/4/30 12 months 12 I months 12 I months 12 I months 12 I months WEEKLY Form E - 3 City of Arden Hills RFP for Recycling Services Form E.2: Recyclables Collection from Multi -Dwelling Units (MDUs) (City owns the carts, Contractor owns dumpsters) Proposed price for weekly opt -in Recycling service from MDUs. All Recycling carts will be owned by the City. Proposed prices should include all Recyclables processing/ marketing/educational/reporting costs and associated charges. Proposed prices shall include all delivery and maintenance tasks associated with Contractor owned dumpsters at identified MDU properties. Attachment B contains the list of current MDUs that have opted in to the program. Opt -in Recyclables Service from MDUs ($ per MDU per month) Three -Year Term Proposed Recycling Service Fee per MDU per month Contract Year 1 2 3 5/5/25 to 5/4/26 5/5/26 to 5/4/27 5/5/27 to 5/4/28 12 months 12 months 12 months CARTS* DUMPSTERS* * Current cart size is 65-gallons and current dumpster size is a 4-yard container. Five -Year Term Proposed Recycling Service Fee per MDU per month Contract Year 1 2 3 4 5 5/5/25 to 5/4/26 5/5/26 to 5/4/27 5/5/27 to 5/4/28 5/5/28 to 5/4/29 5/5/29 to 5/4/30 12 months 12 months 12 I months 12 months 12 I months CARTS* DUMPSTERS* * Current cart size is 65-gallons and current dumpster size is a 4-yard container. Form E - 4 City of Arden Hills RFP for Recycling Services Form E.3: Collections at Annual Cleanup Event Respondents shall summarize their approach for providing collection services at the Spring or Fall Clean Up events in Form B (Questionnaire). Respondents are encouraged to describe how they propose to increase the amount of reuse and/or recycling of reusable/recyclable Bulky Items at these Spring Clean Up events (e.g., appliances, furniture, mattresses, etc.). Respondents shall describe their experience in providing Recycling collection services at such community events and what, if any, recycling Collection opportunities could be provided and if there would be an additional cost. Proposed unit prices for Clean Up services shall not be adjusted for changes in inflation or fuel prices. Please provide variable unit prices to support Clean Up events, or other City special events: Units: Proposed $ price per hour for labor: _$ /hour Units: Proposed $ price per hour for equipment/supplies: = $ . /equipment Units: Proposed $ price per ton for recycling of C& D materials: _ $ /ton Units: Proposed $ price per hour for recovery of Recyclables: _ $ /hour Footnotes to Form E.1.3: (a) The Contractor shall dispose all mixed municipal solid waste (MSW) at the Recycling & Energy (R&E) Center in Newport, MN pursuant to the Ramsey County Designation Ordinance. Therefore, the cost of the disposal of MSW should be a direct pass through at the net contracted rate (i.e., rate minus any discount or rebate) at the Ramsey County -designated trash disposal facility. (b) Respondents are encouraged to propose means to increase the reuse and/or recovery of reusable and recyclable materials collected at these Cleanup Day events (e.g., appliances, furniture, mattresses, etc.). Alternate proposals may include additional costs for additional handling of reusable and/or recyclable materials. Form E - 5 City of Arden Hills RFP for Recycling Services Form EA: Curbside Bulky Waste Collections The City is seeking support with Bulky Waste Collection at the curb. Please provide variable unit prices to support curbside bulky waste collection. Please propose the scenario and the pricing to go along with your scenario. Please include how pricing would work (i.e., per item, per pick up, etc.), how pick ups would work, including if it is scheduled pick up, certain day pick up or another scenario. Listing more than one scenario is acceptable. Form E - 6 City of Arden Hills RFP for Recycling Services Form F: Itemized Listing of Trucks and Other Collection Equipment Technical Description of Collection Equipment and Routes Instructions: This form shall be executed by the official authorized 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 Chassis & Body Model Year # Capacity/Cubic Yards Fuel Type Delivery Schedule, if not Currently Owned Signature of person duly authorized to sign submittal on behalf of the Proposer: Authorized Signature Printed Name Date Form F - 1 City of Arden Hills RFP for Recycling Services Form G: Certification of Acceptance of the Draft Arden Hills Contract or Notification of Proposed Exceptions [Respondent's Company Name] has reviewed the draft City of Arden Hills Contract (Attachment A) in the RFP. ❑ We have no changes to request to the draft Contract and we have no exceptions to the proposed Contract language. We hereby certify that our legal counsel for our company has reviewed the draft Contract and accepts the language "as is". If awarded the Contract by the City, we hereby certify that we will execute the final Contract without any proposed changes. Or ❑ We have exceptions to the draft Contract language. We have proposed changes to request to the draft Contract. We have attached a redline ("tracked changes") version of the draft Contract that itemizes our changes or exceptions. We hereby certify that our legal counsel for our company has reviewed the draft Contract and accepts the language with the proposed changes. No other exceptions or changes are or will be proposed. If awarded the Contract, we hereby certify that we will execute the final Contract if our proposed changes are accepted by the City. Signature of person duly authorized to sign submittal on behalf of the respondent: Authorized Signature Printed Name Date Form G - 1 City of Arden Hills RFP for Recycling Services Form H: A knowledgement of Receipt of Addenda Please acknowledge receipt of addenda to the City's RFP for Recycling 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 Printed Name Date Email Address Telephone Form H - 1 AGENDA ITEM - 3B 'It -AII�)E_N HILLS MEMORANDUM DATE: December 9, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: David Swearingen, P.E. Public Works Director / City Engineer Lucas Miller, Assistant Public Works Director SUBJECT: 2025 Park Improvement Project — Landscape Improvements at Freeway Park Budgeted Amount: Actual Amount: Funding Source: $230,000 — Arden Oaks Park $419.565.78 PIR — Parks $245,000 — Freeway Park Total to Date SLP — Lions Club Donation $475,000 Total Council Should Consider Council should provide direction to staff on what they would like to see as a barrier to the on - ramp at Freeway Park. Backiround/Discussion The planning and design for the 2025 Park Improvement project continues at both Arden Oaks Park and Freeway Park. Identified in the project was to remove the existing guardrail and explore options for a natural screening and barrier from the highway ramp. This was also supported by the community through the engagement process, where there were safety concerns with the current hill being very accessible and having the potential to draw children to play on the hill. With the proximity to the on -ramp, creating a barrier from the playground area to the hill would provide additional measures of keeping wondering children away from the on -ramp and traffic. There are many different options that the city could implement on the hill to achieve a barrier, but offering a different landscape area would not only create a barrier but provide environmental benefits as well. The attached figure shows the existing conditions at Freeway Park and different options that could be implemented with landscaping. Page 1 of 2 Option 1: The hillside could be converted to a native planting/pollinator area. Native plants and pollinators are important for the health of ecosystems, offer minimal maintenance once established, offer an opportunity for education, and are generally climate resilient. Once the native plants have been established they plants will typically range from a height of four feet to six feet. This will also offer some screening as well to the on -ramp. Converting the hillside to a native habitat will eliminate the need for the hill to be mowed. Cost estimate - $7,500-$12,500 Option 2: The hillside could have additional screening trees planted with evergreens and/or arborvitaes. The trees will be taller and provide more screening than a native habitat but will still require maintenance and mowing. Adding more trees may create additional mowing obstacles for the maintenance staff. Cost estimate — $12,500-$18,000 Option 3: A split rail fence and landscaping could be added along the bottom of the hillside to attempt to limit the desire for children to utilize the hill. Split rail fences typically require a lot of maintenance by inspecting the fence for damage, checking for loose and rotting wood, and applying protective sealants or stains to the wood to shield it from weather elements. Cost estimate - $17,500-$25,000 The Parks, Trails & Recreation Committee has not reviewed these options yet to provide a recommendation. An update will be provided to the PTRC at the upcoming meeting on December 17, 2024. Budget Impact Estimated Costs: PSA — Public Engagement and Project Scope $12,419 PSA — Design & Construction Admin $79,586 Arden Oaks Park Construction and Amenities TBD Arden Oaks Park Playground Structures $172,178 Arden Oaks Swing Addition $4,948.78 Freeway Park Construction and Amenities $TBD Freeway Park Structures $150,434 Freeway Park Barrier TBD Current Project Cost $419,565.78 Total Project Cost TBD Attachments Attachment A — Freeway Park Barrier Options Page 2 of 2 ry w W Z �U) W _W xry w� z O r) O U CD z Cn X w 0o AGENDA ITEM - 3C ,!It ri` DEN HILLS MEMORANDUM DATE: December 9, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: 2025 City Commissions/Committees Council Liaison Appointments and Mayor Pro Tem Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration • Discussing the City Council Liaison appointments to the various committees and commissions of the city as well as the Mayor Pro Tem for 2025. Background The City Council annually selects Council liaisons for the various committees and commissions of the city as well as Mayor Pro Tem. It is anticipated that the 2025 appointments could be made at the January 13, 2025 City Council meeting. Below is a list of the current 2024 liaisons. Council may suggest changes tonight to be brought forward for approval under Consent at the January 13th meeting or may want to discuss this at the January 131h meeting as part of the approval process under New Business. PTRC Emily Rousseau EDC Emily Rousseau Planning Commission Emily Rousseau Communications Tom Fabel Page l of 2 Personnel Committee (2) David Grant Tom Fabel Joint Development Authority (JDA) Tena Monson Tom Fabel Lake Johanna Fire Department Board of Directors/Relief Association Representative and Fire Department Headquarters JPA Representative Tena Monson Alternate: David Grant Northeast Youth and Family Services (NYFS) Emily Rousseau Ramsey County Lea,-ue Tena Monson Alternates: David Grant, Emily Rousseau, Brenda Holden and Tom Fabel Twin Cities Gateway David Grant Cable Commission/Nine North Steve Scott Beyond the Yellow Ribbon/Military Liaison Eileen Scott Karth Lake Improvement District The Karth Lake Improvement District members have indicated they would like to continue with no formal appointed Council Liaison necessary. Lastly, Staff will also have for Council to approve on January 131h the Chairs for their respective committees/commissions. Staff is assuming Council will leave this to the respective Liaison for direction on Chair selection unless otherwise directed by Council. Attachments 10Q Page 2 of 2 AGENDA ITEM - 3D 'It -1iIEN HILLS MEMORANDUM DATE: December 9, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: JDA Chair Discussion Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A For Council Consideration Council may consider providing staff further direction regarding the upcoming JDA Chair position. Background Per the bylaws of the Joint Development Authority (JDA) that oversees the TCAAP redevelopment project, the City of Arden Hills is responsible for appointing a non -elected member as Chair of the JDA; while Ramsey County appoints the Vice Chair. The current Chair is Jonathan Wicklund, and his term expires at the end of this year. The City Council should discuss if it would like to go through a formal recruit process to fill the upcoming two-year term, or re -appoint Mr. Wicklund. Should Council want to reapprove Mr. Wicklund, whom has indicated he is willing to remain on as Chair, Staff will bring that forward for Council approval at a later meeting. Should Council prefer to hold a recruitment, Staff will bring back a formal plan for Council consideration. Budget Impact N/A Attachment N/A Page l of 1 --ADEN HILLS MEMORANDUM DATE: December 9, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jessica Jagoe, Interim City Administrator SUBJECT: Rice Creek Commons/TCAAP Discussion Budgeted Amount: N/A For Council Consideration Actual Amount: N/A AGENDA ITEM - 3E Funding Source: N/A Council will have the opportunity to comment on any TCAAP related items they so choose. Background N/A Budget Impact N/A Attachment N/A Page 1 of 1 AGENDA ITEM - 3F '!Tt -AII��EN_ HILLS MEMORANDUM DATE: December 9, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jessica Jagoe, Interim City Administrator SUBJECT: Agenda Planning Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider Council should discuss its next work session agenda. Background Per Council's adopted policy on agenda setting, please find proposed agendas below for upcoming meetings. January 13th Work session • State of the City (time sensitive) • I/I Discussion — Equity Planning (time sensitive) • RCC/TCAAP Discussion (not time sensitive) Agenda Planning (time sensitive) February loth Work session • Water Tower Security Improvements (time sensitive) • 2026 PMP (time sensitive) • Legislative Priorities (time sensitive) • RCC/TCAAP Discussion (not time sensitive) Agenda Planning (time sensitive) Attached is the list of topics that have yet to be discussed by Council. Council may want to discuss if any items need to be added to this list for future discussion or assign a future meeting for some of these items. This would need to be done by a majority consensus of Council. Below is a running list of things Staff brings forward to work session annually, in recent years, we have shifted away from bringing some items forward unless needed, such as, the Pavement Page 1 of 2 Management Update from Public Works. Note, these timelines may shift year to year. Most items discussed at work sessions are one-off items that may require multiple meetings but are usually not reoccurring. • January o Legislative priorities • February o None • March o Initial guidance on next year's Public Works projects • April o None • May o None • June o Follow up on next year's Public Works projects • July o Capital improvement planning • August o Operating budgets • September o Operating budget and levy discussion • October o State of the City (if planned for early following year) • November o City-wide budget and fee schedule o Follow up on next year's Public Works projects • December o Committee and commission appointments Budget Impact N/A Attachment Attachment A: Council Priorities Attachment B: Agenda Setting Policy Page 2 of 2 Attachment A a 0 > 3 r w -'o a � L eo w a w a v w E - w c° _ w w a - m a ' 1 a a o s m o c w w £ m ` O 15 > o c o w w w- 3 0 5 > E N N � ] N - mo co o co co co -01p c w n `g cg w r a o 3 m a o ^+ E i w o o 3 0 Q c � o � N d A p N � � d ¢ d a a d d a d a qU d O_ x a O o � U y � N O U igtl y V] U i rn F U U W W a W U 4 Attachment B It EN HILLS CITY OF ARDEN HILLS Agenda Setting Policy The purpose of this policy is to establish a method for agenda setting that allows for Council to review and have control over its agendas and decide as a Council how it wants items for consideration to be brought forward. For regular worksession agendas: • Prior to concluding each regularly scheduled worksession, the City Council shall review its next regularly scheduled worksession agenda and direct Staff on any changes. • Should an individual Councilmember want to raise an item for discussion at the next meeting or in the future, they would do so during this review period. The item would need at least one other Councilmember to agree to having the item considered for future discussion, and then Council, by majority, would direct to have it placed on a future agenda or not. Staff will have flexibility to add or remove items to the worksession as needed to maintain operational efficacy. For regular City Council meeting agendas: • Agendas will be largely Staff driven based on approvals needed for normal operations. • Items coming from the City Council shall first be discussed at a worksession and can direct Staff at said worksession to bring items forward for formal approval if needed. • In rare instances, if a Councilmember brings forward an item that needs approval prior to going to a worksession, they may request the City Administrator add the item to the agenda. The City Administrator shall have the discretion to determine if the issue should be added or not, but Councilmembers will make every effort to having the item first discussed at a worksession. Special meetings and emergency meetings: • Special meetings and emergency meetings may still be called at the discretion of the Mayor or any two Councilmembers, and the members calling the meeting shall set the agenda.