HomeMy WebLinkAbout7C
Prepared By:
Dept.:
Council Mtg. Date:
Final Action Needed By:
James Lehnhoff
. ~9~m'mlJ"nliy-tjevei~iiiiienT--- _______
01-14-08
Agenda
7.C.
Request for Council Action
Actual Amount
Funding Source:
S'CORE Gran't'~i'nd
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f'Motion 'to 'Approve a C~ntraa Cated Jarl'uary--1-4;--2ooi;--wIih'Eii're'ka-'Re'cyci'i'ng"'fc:)'r"'ResIderi'iIaf'cu'i'j;'s'i'de"'Recycihl'g"S'e'iVIces'''from'''i\i''a'rch'''f;'''~2'O'08';''i
.to February 28,2011.
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jApprove a Contract Dated January 14, 2007, with Eureka Recycling for Residential Curbside Recycling Services from March1,200a, to:
February 28, 2011.
December 10, 2007, Memo to the City Council
solution No.:
No.:
Recommendation:
Recommendation:
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In addition to the yearly SCORE grant, the residential recycling fee, which is included on the property tax statement, covers the full cost of
the residential recycling program.
~
~~HILLS
MEMORANDUM
DATE: January 14, 2008
TO: Mayor & City Council
FROM: James Lehnhoff,
City Planner & Recycling Coordinator
SUBJECT: Residential Curbside Recycling - Eureka Contract
Action Request
Motion to Approve a Contract Dated January 14, 2007, with Eureka Recycling for Residential
Curbside Recycling Services from March 1,2008, to February 28,2011.
Background
On December 10, 2007, the City Council approved a proposal from Eureka Recycling and
authorized Staff to prepare a contract with Eureka Recycling for curbside residential recycling
services starting in March 2008. The current contract with Waste Management will expire on
February 28, 2008. The contract will provide curbside residential recycling services to most
residences in the City (Hunter Park condos, Parkshore Apartments, Cottage Villas, and Arden
Manor contract for their own recycling services).
The City currently uses two-stream recycling with Waste Management (sometimes referred to as
dual stream or two-sort recycling). Two-stream recycling requires residents to separate mixed
paper (newspaper, cardboard, office paper, mail, phone books, etc) from mixed rigids (cans,
glass, and plastic). Eureka Recycling will continue to provide similar two-stream recycling
services; however, more materials will be able to be recycled. In addition to the current
recyclable materials, residents will also be able to recycle milk and juice cartons; pop and beer
boxes; and clothes and linens. Recycling pickup will still be on the same day as garbage pickup.
Contract Review
Staff worked with Eureka Recycling, the City Attorney, and Mary Chamberlain ofR.W. Beck
Consulting to prepare and review the three year residential curbside recycling contract. The
contents of the City's September 24,2007, RFP and Eureka's proposal are part of the contractual
obligations and are incorporated by reference into the contract. Although the contract does take
precedence over the RFP, the contract is substantially in conformance with the RFP. There is,
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however, one notable item that was not included in Eureka's proposal but was included in the
proposed contract. Section 6.1 of the proposed contract includes the following:
6.1 The City agrees that prices for service will increase each year the Consumer Price Index for
the Upper Midwest as determined by the Federal Reserve Bank of Minneapolis. The City will notify
the Contractor by the last week of December what the compensation rate will be for the
subsequent calendar year.
While a yearly price increase for recycling services it not uncommon, it was not specifically
included in Eureka's proposal submitted to the City. With an estimated yearly price increase of
2.4 percentl, the monthly household price for recycling services would be $2.95 in 2008 but
would then increase to $3.02 in 2009 and $3.09 in 2010. The price increase is subject to change
depending on the overall consumer price index (CPI) change, which is calculated by the Federal
Reserve Bank. The estimated yearly prices do not include the estimated revenue sharing of 70
cents per household per month. With the estimated revenue sharing, the total cost to the City
would still be less than the proposal submitted by Waiter's Recycling, Allied Waste, or Waste
Management. Eureka's contracts with Roseville, Saint Paul, and Lauderdale do include yearly
price adjustments based on the CPI. For a full review of the prices from each proposal, see
Attachment A.
The proposed contract does include the applicable standards from the Memorandum of
Understanding with Licensed Residential Waste Haulers (section 32 ofthe proposed contract).
Eureka is aware of and has accepted these restrictions in the contract. The City will provide
Eureka with a map of street conditions so they can design their routes accordingly.
Residential recycling services are paid for by the annual SCORE grant from Ramsey County and
by a fee added to the property tax statement for the households receiving recycling services. At
the December 10, 2007, meeting, the City Council set the 2008 recycling fee at $29.00 per
household.
Recommendation
Despite the yearly price increase not being included in Eureka's original proposal, it is still the
most cost-effective proposal when taking the revenue sharing into account. Additionally, due to
rising fuel costs and other costs, including a cpr adjustment in a contract is not unusual.
Staff is recommending approval the Contract Dated January 14, 2007, with Eureka Recycling for
Residential Curbside Recycling Services from March I, 2008, to February 28, 2011.
Attachments
A: Price Comparison Worksheet
B: Contract for Residential Recycling Services
C: RFP for Residential Recycling Services
I Based on Federal Reserve Bank of Minneapolis data
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Attachment A
Price Comparison Worksheet
January 14, 2008, City Council Meeting
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Attachment B
Proposed Contract for Residential
Recycling Services
January 14, 2008, City Council Meeting
As of 01/07/08
CONTRACT AGREEMENT BETWEEN
CITY OF ARDEN HILLS AND EUREKA RECYCLING
FOR RECYCLING SERVICES
Table of Contents
1. Definitions....... ........ ... .................... .................................. .............................. ...............3
2. Term of contract..... ............................................... .... ......................................... .... ......6
3. Annual Work Plan........... .... ........ ..................... .............. ................................. ..............6
4. Annual performance review meeting to discuss recommendations for continuous
improvement................................................................................................................ 6
5. "Dual Stream, Plus" collection / processing system......................................................6
6. Payment Terms............................................................... ...................... ....................... 7
7. RFP and Contractor's Proposal....................................................................................8
GENERAL REQUIREMENTS FOR ALL COLLECTIONS...................................................8
8. Missed collections ............... ... ..... .... ........ ...................... ...............................................8
9. Severe weather. ....................................... .................. ..................................................8
10. Collection hours and days ............................................................................................8
11. Customer Complaints......................... ..........................................................................9
12. City retains right to specify resident preparation instructions........................................9
13. City shall approve Contractor's public education literature ...........................................9
14. Ownership of Work Product. ........ ......... ........... .................................................... .........9
15. Weighing of loads .......................................................................................................1 0
16. Monthly and annual reports ........................................................................................1 0
17. Ownership of recyclables ...........................................................................................1 0
18. Scavenging prohibited ................................................................................................1 0
19. Cleanup of spillage or blowing litter ............................................................................11
20. Recyclable materials required to be transported to markets; Disposal prohibited ......11
21. Designated primary glass market ...............................................................................11
22. Processing facilities must be specified .......................................................................11
23. Estimating materials composition as collected ...........................................................11
24. Estimating process residuals....... ..... ....................... .................................................. .12
25. Lack of adequate market demand ..............................................................................12
1
As of 01/07/08
26. Vehicle requirements.......................... ..... .... .............................................. ............. ... .12
27. Personnel Requirements............... ..... ......... ... ................... ................................. .... ... .13
28. Licenses and Permits .................................................................................................13
29. Performance monitoring .............................. ... ........................................... ........ ........ .13
30. Liquidated damages ... ............................................................................................... .13
31. Damage to Property ...................................................................................................14
32. Recycling Collection ...................... ............................................................... ............. .14
CURBSIDE COLLECTION REQUIREMENTS ..................................................................15
33. Weekly Collection .......................................................................................................15
34. Point of collection .......................................................................................................15
35. Curbside collection schedule deadline .......................................................................15
36. Procedure for handling non-targeted materials ..........................................................15
37. New Materials to be Added in 2008............................................................................16
MULTI FAMILY COLLECTION REQUIREMENTS............................................................16
38. Contract Amendment for Multi-Family Collection .......................................................16
INSURANCE AND OTHER LEGAL REQUIREMENTS.....................................................16
39. Insurance..................................................................................................... .............. .16
40. Transfer of interest .....................................................................................................17
41. Non-Assignability and Bankruptcy ..............................................................................17
42. Dispute resolution and arbitration procedures ............................................................18
43. General compliance................ ................. ............... .... ......................... ............... .... ... .18
44. Independent contractor....... ............ ..... ................... ................................................... .18
45. Hold harmless.................... .................................... ........................................... ........ .18
46. Accounting standards .................................................................................................18
47. Retention of records ...................................................................................................19
48. Data practices....... ............. .... .... ..... .... .... ............... ............................. ... ........... ..... ... .19
49. Inspection of records ..................................................................................................19
50. Applicable law....................... ..... ............................................................................... .19
51. Contract termination ...................................................................................................19
52. Employee working conditions and Contractor's safety procedures ............................19
53. Contract amendments..................................................... .......................................... .20
2
As of 01/07/08
This Agreement is made this 14th day of January 2008, between the City of Arden
Hills, 1245 West Highway 96, Arden Hills, Minnesota 55112 (the "City") and The
Neighborhood Recycling Corporation, Inc. (D/B/A "Eureka Recycling"), a Minnesota non-profit
corporation, with its current local place of business at 2828 Kennedy Street NE, Minneapolis,
Minnesota 55413 (the "Contractor").
WITNESSETH:
WHEREAS, the City supports a comprehensive residential recycling program and
desires that high-quality recycling services be available to all its residents; and
WHEREAS, the City supports curbside recycling as part of an overall landfill
abatement program; and
WHEREAS, Ramsey County has funding available for such residential recycling
services; and
WHEREAS, the Contractor has submitted a proposal for comprehensive recycling
services to the City;
NOW, THEREFORE, the City and Contractor mutually agree as follows, in
consideration of the mutual promises and covenants contained herein:
1. Definitions
1.1 nAluminum cans"
Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice,
water or other beverages.
1.2 "City's annual recycling public education flyer"
The City publishes an annual public education flyer that contains the following recycling
information for City residents:
. Annual calendar and map of curbside recycling districts for "single family
dwellings"
. List of materials to be included for recycling
. List of materials excluded that cannot be recycled in the City's program
. General information about curbside recycling and multi-family recycling
instructions
. How to prepare materials.
1.3 "City's designated contact person"
The City has designated the Recycling Coordinator as the City's current contact for
management and administration of this Agreement.
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As of 01/07/08
1.4 "City-designated recyclables" or "Recyclable materials" or "Recyclables"
The following recyclable materials: aluminum cans; steel cans; milk cartons, aseptic
packaging, gable top packages, juice boxes, glass jars and bottles; paper recyclables; plastic
bottles; textiles; and corrugated cardboard as defined and further described in the "City's
annual recycling public education flyer". This list of recyclable materials can be amended
through negotiation between the City and its Contractor at any time within the duration of the
contract term. Such negotiations must be reduced to a written amendment to this Agreement
and duly executed before it shall go into effect.
1.5 nCollectionfT
The aggregation and transportation of recyclable materials from the place at which it is
generated and includes all activities up to the time when it is delivered to a recycling facility.
1.6 "Contractor"
The City's recycling service Contractor under the new contract beginning operation on March,
1 , 2008.
1.7 "Corrugated cardboard"
Cardboard material with double wall construction and corrugated separation between walls
but not plastic, wax or other coated cardboard.
1.8 "Curbside recycling bins"
Uniform curbside recycling bins (e.g., green, plastic recycling "tubs") supplied by the City in
which recyclables can be stored and later placed for curbside collection, as specified by the
City. The recycling containers remain the property of the property owner.
1.9 "Curbside recycling service"
The recycling collection service, together with related public education and other customer
services, specified within the September 24,2007, RFP utilizing curbside recycling bins.
Multi-family dwellings may receive curbside recycling service as selected by the City and the
Contractor.
1.10 "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.
1.11 "Market demand"
The economic and technical capacity of markets to use recyclable material to make new
products.
1.12 "Markets"
Any person or company that buys (or charges) for recycling of specified materials and may
include, but are not limited to: end-markets, intermediate processors, brokers and other
recycling material reclaimers.
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As of 01/07/08
1.13 "Multi-family recycling service"
Recycling collection service, together with related public education and other customer
services, provided to multi-family residents that utilize multi-family recycling containers (i.e.,
carts) and use multi-family recycling stations.
In general, multi-family recycling service shall be provided to MFD's with eleven (11) units or
more per building. In general, MF dwellings with two (2) to ten (10) units per building shall be
provided with curbside collection service utilizing curbside bins.
1.14 "Non targeted materials"
Non-recyclable materials that are not included in the City's recycling program. Examples of
typical non-targeted items include (but are not limited to): pumps on plastic bottles, ceramic
material in glass streams, pizza cartons in corrugated cardboard streams, etc.
1.15 I1Paper"
Paper includes the following: newspapers (including inserts); household office paper and
mail; boxboard; old corrugated cardboard; phone books; Kraft bags; pop/beer boxes and
magazines/catalogs. No boxboard containers used for food product storage in refrigerators
or freezers are included.
1.16 "Plastic bottles"
Plastic bottles shaped with a neck. Plastic lids, caps, rings and pumps are not included.
Recyclable plastic bottles shall be identified on the bottom with the SPI plastic codes #1
(PETE) and #2 (HOPE) including bottles containing: liquor; milk; juice; soft drinks; water;
certain foods; soap and cosmetics.
1.17 "Process residuals"
The normal amount of material that can not be economically recycled due to material
characteristics such as size, shape, color, cross-material contamination, etc. and must be
disposed as mixed municipal solid waste. Process residuals include subcategories of
process residuals including but 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" does not include clean, separated products that are
normally processed and prepared for shipment to markets as commodities but are of
relatively low-value because of depressed market demand conditions.
1.18 llprocessing"
The sorting, volume reduction, baling, containment or other preparation of recyclable
materials delivered to the processing center for transportation or marketing purposes.
1.19 "Processing center"
A recycling facility in which recyclable materials are processed. The facility will conform to all
applicable rules, regulations and laws of state, local or other jurisdictions.
1.20 nSteel cans"
Disposable containers fabricated primarily of steel or tin used for food and beverages.
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As of 01/07/08
1.21 nTextiJes"
Textiles include unwanted but reusable Linens: towels, sheets, blankets, curtains, tablecloths
and clothes: including belts, coats, hats, gloves, shoes and boots that are clean and free of
mold, mildew and excessive stains. Textiles must be dry.
1.22 "Work Plan from Contractor"
The annual work plan proposal for recycling system improvements submitted from the
Contractor and approved by the City.
2. Term of contract
The term of the new recycling contract will be a period of three (3) years from March 1, 2008
through March 1, 2011 with two (2) one-year options to renew upon mutual agreement of the
two parties prior to expiration of the contract.
3. Annual Work Plan
The Contractor shall submit an annual work plan proposal no later than February 1 st for the
upcoming calendar year to outline key priorities for system improvements. Public education
tools shall be itemized and approximate timelines described. Other service improvements
may also be included in the work plan. The City shall review and approve the work plan by
no later than March 1 st each year. The annual work plan shall be incorporated by reference
as an amendment to this contract.
4. Annual performance review meeting to discuss recommendations for
continuous improvement
Upon receipt of the Contractors annual report, the City shall schedule an annual meeting with
the Contractor and a City's committee. The objectives of this annual meeting will include (but
not limited to):
. Review Contractor's annual report, including trends in recovery rate and
participation.
. Efforts the Contractor has made to expand recyclable markets.
. Review Contractor's performance based on feedback from residents to the
Environment Committee members and/or City staff.
. Review Contractor's recommendations for improvement in the City's recycling
program, including enhanced public education and other opportunities as contained
within the annual work plan for the upcoming year.
. Review City staff recommendations for Contractor's service improvements.
. Discuss other opportunities for improvement with the remaining years under the
current contract.
5. "Dual Stream, Plus" collection / processing system
Dual stream recyclables collection and processing services shall be the basic service system
design for this contract. Under this dual stream design, residents shall continue to be
instructed to separate recyclables into two primary groups of materials: (1) all food and
beverage containers, including: glass, metal, aseptic, gable-top and plastic bottles; and (2) all
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As of 01/07/08
paper fiber products, including: newspapers, boxboard, magazines, pop/beer boxes, mixed
mail, catalogs, phone books, Kraft bags and corrugated cardboard.
In addition, residents may place clean, reusable textiles out separately in plastic bags as
outlined in Section 34 of this Agreement. Under this "dual stream plus" system design,
processing shall also be by the categories as collected: paper separated from containers
separated from textiles.
The Contractor shall not make any changes to the dual stream collection or processing
systems without written approval of the City.
6. Payment Terms
The Contractor will invoice the City of Arden Hills on a monthly basis and the City will pay the
contractor no later than net 30 days of receipt of the invoice. The billing system will include
the following elements:
6.1 Compensation to Contractor:
City agrees to pay Contractor $2.95 per residential dwelling unit per month in 2008 for weekly
curbside collection, processing and marketing of recyclables. For 2008 the City certifies that
there are 2,560 curbside units that will receive service. The City will notify the Contractor by
Feb. 1 of each year what the certified number of curbside units will be for the subsequent
year.
The City agrees that prices for service will increase each year the Consumer Price Index for
the Upper Midwest as determined by the Federal Reserve Bank of Minneapolis. The City will
notify the Contractor by the last week of December what the compensation rate will be for the
subsequent calendar year.
6.2 Materials Sales Revenue Share
A composite credit for the following material sales revenue share:
6.2.1 All Paper Grades
Paper prices shall be based on the Official Board Markets (OBM) "Yellow Sheet," Chicago
region for Old Newspapers (ONP) # 8, high side of range. The Contractor shall pay the City
50% of this OBM index for all grades of paper collected after a processing fee of $75 per ton.
6.2.2 Aluminum
Aluminum prices shall be based on the American Metal Market (AMM), Aluminum (1st issue
of the month), high side nonferrous scrap prices: scrap metals, domestic aluminum
producers, buying prices for processed used aluminum cans in carload lots, f.o.b. shipping
point, used beverage can scrap. The Contractor shall pay the City 50% of this AMM
aluminum index after a processing fee of $150 per ton.
The Contractor shall provide copies of the referenced OBM market index and AMM market
index with each monthly statement. The Contractor shall provide a detailed explanation of
how the material splits are calculated to derive the paper and aluminum tonnage estimates.
7
As of 01/07/08
The City or the Contractor may propose other revenue sharing commodities and
corresponding proposed pricing formulae, at any time during the duration of the contract.
The parties shall enter into negotiations in good faith and any new revenue sharing
agreement shall be reduced to writing in the form of an amendment to the contract.
6.3 Other
Any other mutually agreed upon charges or credits.
7. RFP and Contractor's Proposal
The contents of the City's RFP (as of Sept. 24, 2007) and the Contractor's proposal are part
of the contractual obligations and are incorporated by reference into this contract. If any
provision of the contract is in conflict with the referenced RFP or proposal, the contract shall
take precedent.
GENERAL REQUIREMENTS FOR ALL COLLECTIONS
The following general requirements are pertinent to all recycling collections (i.e., both
curbside recycling collection and multi-family recycling collection services). However, the City
acknowledges that collection service frequencies and other factors will vary between
residential and multi family collection programs.
8. Missed collections
The Contractor shall have a duty to pick up missed recycling collections. The Contractor
agrees to pick up all missed collections on the same day the Contractor receives notice of a
missed collection, provided notice is received by the Contractor before 11 :00 a.m. on a
business day. With respect to all notices of a missed collection received after 11 :00 a.m. on
a business day, the Contractor agrees to pick up that missed collection before 6:00 p.m. on
the following business day.
9. Severe weather
The Contractor may postpone recycling collections due to severe weather at the sole
discretion of the Contractor. "Severe Weather" shall include, but shall not be limited to those
cases in which the temperature at 6:00 a.m. is minus twenty (-20) degrees Fahrenheit or
colder. If collections are so postponed, the Contractor shall notify the City. Upon
postponement, collection will be made on a day agreed upon between the Contractor and the
City.
10. Collection hours and days
The City requires all such collections to begin no sooner than 7 a.m. and shall be complete
by 6 p.m. Collection of recyclable materials from households north of 1-694 will take place
every Wednesday and households south of 1-694 will take place every Tuesday. During pre-
selected holiday weeks, collection days will take place one day later. The Contractor may
request one time City authorization of exceptions to these time and day restrictions (e.g.,
pursuant to the "Severe Weather" section 9 above). The Contractor must request such
exception prior to the requested collection event and specify the date, time and reason for the
exception.
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11. Customer Complaints
The Contractor shall establish and maintain, in a location approved by the City, an office with
continuous supervision for accepting complaints and customer calls. The office shall be in
service with continuous supervision during the hours of 8 a.m. until 5:00 p.m. on all days of
collection as specified in this Agreement. The address and telephone numbers of such
office, and ten (10) days prior notice of changes therein, shall be given to the City in writing.
The address of this office as of the execution of the contract is 2828 Kennedy Street NE,
Minneapolis, Minnesota 55413.
Complaints on service will be taken and collected by the City and the Contractor. The City
will notify the Contractor of all complaints it receives. The Contractor is responsible for
corrective actions. The Contractor shall answer all complaints courteously and promptly.
Each month the Contractor shall provide the City with the following reports:
. A list of all customer complaints, including a description of how each complaint was
resolved.
. A list of all addresses where education tags were left for residents and why the tags were
left.
. A list of all missed pick ups reported to the Contractor.
The monthly reports shall be sent by mail, fax or e-mail to the City's Recycling Coordinator.
12. City retains right to specify resident preparation instructions
The Contractor shall agree that it is the City's sole right to clearly specify the resident sorting
and setout requirements. The City shall publish and distribute, on an annual basis, the
detailed recyclables preparation instructions for its residents as part of its annual public
education flyer. However, the City agrees to confer with the Contractor before the annual
flyer distribution.
13. City shall approve Contractor's public education literature
The Contractor shall conduct its own promotions and public education to increase
participation and improve compliance with City-specified resident preparation instructions as
per the public education elements of the annual work plan At a minimum, this shall include:
production and distribution of an annual flyer to each home; and distribution of "resident
education tags" to be left by curbside collection crews if any non-targeted material is rejected
and left at the curb. The Contractor shall submit a draft of any public education literature for
approval by the City, at least one (1) month before printing and release of any such literature.
14. Ownership of Work Product
Ownership of all drawings, designs, proprietary materials, and other work products prepared,
produced or developed in performance of this Contract, including those in electronic forms,
shall be retained by the Contractor. Contractor agrees that all right, title, and interest in all
copyrightable material which Contractor shall conceive or originate, either individually or
jointly with others, and which arises out of the performance of this Contract, shall be usable
by, and on behalf of the city by The Contractor, for the duration of the contract period and any
subsequent extensions.
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Ownership of all reports, and physical copies of work products prepared or produced in
performance of this Contract, excluding those in electronic form, shall be retained by The City
upon completion or termination of the project and final payment to the Contractor.
15. Weighing of loads
Contractor will keep accurate records consisting of an approved weight slip with the date,
time, collection route, driver's name, vehicle number, tare weight, gross weight and net
weight for each loaded vehicle. Collection vehicles will be weighed after completion of a
route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be
kept on file and made available for inspection upon request by the City.
16. Monthly and annual reports
The Contractor will submit to the City monthly reports and annual reports. At a minimum, the
Contractor shall include the following information:
. Gross amounts of materials collected, by recyclable material (in tons).
. Net amounts of materials marketed, by recyclable material (in tons).
. Amounts of "process residuals" disposed (in tons).
. Recycling service fee (based upon contracted price per household).
. Revenue share credits back to the City (if any).
Monthly reports shall be due to the City by the 15th day of each month. Annual reports shall
be due by January 31. The Contractor will be encouraged to include in its annual report
recommendations for continuous improvement in the City's recycling program (e.g., public
education, multi-family recycling, etc.).
17. Ownership of recyclables
Ownership of the recyclables shall remain with the person placing them for collection until
Contractor's personnel physically touches them for collection, at which time the ownership of
the recyclables shall transfer to Contractor.
18. Scavenging prohibited
All recyclable materials placed for collection shall be owned by and are the responsibility of
the occupants of residential properties until the Contractor handles them. Upon collection of
the designated recyclable materials by the Contractor, the recyclable materials become the
property and responsibility of the Contractor.
It is unlawful for any person other than the City's recycling Contractor or owner's independent
hauler to collect, remove, or dispose of designated recyclables after the materials have been
placed or deposited for collection in the recycling containers. The owner, owner's
employees, owner's independent hauler's employees, or City's recycling Contractor's
employees may not collect or "scavenge" through recycling in any manner that interferes with
the contracted recycling services.
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19. Cleanup of spillage or blowing litter
The Contractor shall clean up any material spilled or blown during the course of collection
and/or hauling operations. All collection vehicles shall be equipped with at least one broom
and one shovel for use in cleaning up material spillage. Designated recyclables shall be
transported in a covered vehicle so that the recyclables do not drop or blow onto any public
street or private property during transport.
20. Recyclable materials required to be transported to markets; Disposal
prohibited
Upon collection by the City's recycling Contractor, the City's Contractor shall deliver the
designated recyclables to a recyclable material processing center, an end market for sale or
reuse, or to an intermediate collection center for later delivery to a processing center or end
market. It is unlawful for any person to transport for disposal or to dispose of designated
recyclables in a mixed municipal solid waste disposal facility. The Contractor shall not
landfill, incinerate, compost or make fuel pellets out of the recyclable materials.
21. Designated primary glass market
The City and Contractor hereby agree that Anchor Glass Corp. (Shakopee, MN) shall be the
primary market of choice for glass bottles and jars collected from the City's recycling
program. The Contractor shall develop a proposed glass marketing contingency plan in
writing for review, comment and approval by the City. This contingency plan shall be based
on recycling glass into markets with the highest and best use of this commodity. The
Contractor shall provide an annual assessment of the Anchor glass market as part of its
annual report to the City.
The Contractor shall provide as much notice as possible if the Anchor glass plant closes,
stops accepting recyclable glass cullet, or otherwise becomes economically unfeasible as the
primary glass market outlet. If Anchor is no longer a viable primary market for glass, and if
the Contractor must adjust its glass processing and/or marketing operations, the Contractor
may submit a proposed per ton fee amendment to the City. This per ton fee amendment
proposal must include a detailed cost justification for any fee increase. Once the fee
amendment proposal is submitted, the City shall have 30 days to negotiate a final fee
amendment with the Contractor for approval by the City Council.
22. Processing facilities must be specified
The Contractor shall assure the City that adequate recyclable material processing capacity
will be provided for City material collected. 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.
23. Estimating materials composition as collected
The Contractor shall conduct at least one materials composition analysis of the City's
recyclables 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
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the composition, including number of samples, dates weighed, and City route(s) used for
sampling. The Contractor shall provide the City with a copy of each such analysis.
24. Estimating process residuals
The Contractor shall provide the City a written description of the means to estimate process
residuals derived from the City's recyclables. This written description shall be reviewed and
approved in writing by the City. This written description shall be updated by the Contractor
immediately after any significant changes to the processing facilities used by the Contractor.
The Contractor shall record the weight and generator for all materials entering the processing
facility on a daily, monthly and annual basis. These records shall be made available to the
City upon request.
The Contractor shall report total weight of material disposed as shipped out to a mixed
municipal solid waste facility compared to the total material shipped out each month form its
processing facility.
25. Lack of adequate market demand
In the event that the market for a particular recyclable ceases to exist, or becomes
economically depressed that it becomes economically unfeasible to continue collection,
processing and marketing of that particular recyclable, the City and the Contractor will both
agree in writing that it is no longer appropriate to collect such item before collection ceases.
The Contractor shall give the City as much notice as possible about the indications of such
market condition changes. The Contractor may then initiate the formal process by sending a
letter to the City notifying the City that the recyclable item should be discontinued from
collection. Upon receipt of the Contractor's notice, the City shall have 30 days to review and
negotiate a contract amendment relating to disposal of such a recyclable commodity that
does not have adequate market demand.
After this 30 day period, the City shall pay the costs of all disposal of any item collected that
is deemed not recyclable by Contractor and the City due to lack of adequate market demand
until the City has approved that collection be discontinued for those materials. After the City
agrees to discontinue collection of those materials, the Contractor is responsible for the costs
of all disposal of any item collected that is deemed not recyclable by Contractor and the City
due to lack of adequate market demand. The City and Contractor shall specify a date in this
written contract amendment to cease collection of the recyclable item in question. The
Contractor shall at all times be under a duty to minimize recyclables ending up in landfill or
disposal at other facilities receiving mixed municipal solid waste. If disposal of any recyclable
commodity becomes necessary, upon receiving written permission from the City, the
Contractor shall dispose of the recyclable materials at a facility specified in writing by the City
or an alternative agreed upon by the City and the Contractor.
26. Vehicle requirements
Each collection vehicle shall be equipped with the following:
. The Contractor's vehicles shall be marked with the name and telephone number of
the Contractor prominently displayed on both sides of the truck. The lettering must
be at least 3 inches in height.
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. 2-way radio.
. First aid kit.
. Approved fire extinguisher.
. Warning flashers.
. Warning alarrns to indicate movernent in reverse.
. Sign on rear of vehicle which states "This vehicle makes frequent stops".
. Broom and shovel for cleaning up spills.
All of the required equipment must be in proper working order. All vehicles must be
rnaintained in proper working order and be as clean and free of odors as possible.
27. Personnel Requirements
Contractor shall retain sufficient personnel and equipment to fulfill the requirements and
specifications of this Agreement. Contractor's personnel shall:
. Conduct themselves at all times in a courteous manner with the general public.
. Make a concerted effort to have at all times a presentable appearance and attitude.
. Perform their work in a neat and quiet manner and clean up all recyclables spilled
in collection and hauling operations
. Avoid damage to property.
. Not perform their duties or operate vehicles while consuming alcohol or illegally
using controlled substances or while under the influence of alcohol andlor such
substances.
28. Licenses and Permits
The Contractor shall ensure that all driver and truck licenses and permits shall be current and
in full compliance with local, state and federal laws and regulations. Any processing facility
used to handle material from the City of Arden Hills must have current permits and licenses
as required by the appropriate city, county, state and federal laws and ordinances. Contractor
shall make available for inspection all such licenses and permits upon request by the City.
29. Performance monitoring
The City will monitor the performance of the Contractor against goals and performance
standards required within this the and in the contract. Substandard performance as
determined by the City will constitute non-compliance. If action to correct such substandard
performance is not taken by the Contractor within 60 days after being notified by the City, the
City will initiate the contract termination procedures.
30. Liquidated damages
The Contractor shall agree, in addition to any other remedies available to the City, that the
City rnay withhold payrnent from the Contractor in the amounts specified below as liquidated
damages for failure of the Contractor to fulfill its obligations:
1. Failure to respond to legitimate service complaints within 24 hours in a reasonable
and professional manner - $50 per incident.
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2. Failure to collect properly notified missed collections - $250 per incident.
3. Failure to provide monthly and annual reports - $100 per incident.
4. Failure to complete the collections within the specified timeframes without proper
notice to the city - $100 per incident.
5. Failure to clean up from spills during collection operations - $250 per incident plus
any costs incurred by the City.
6. Failure to report on changes in location of recyclables processing operations -
$250 per incident.
7. Failure to provide written description of the means to estimate relative amount of
process residuals derived from the City's recyclables - $100 per incident.
8. Exceeding any maximum process residuals rate that may be negotiated as part of
a final contract agreement - $1,000 per exceedence.
9. Failure to receive City written approval of changes to the "dual stream" collection
and processing systems prior to implementing any such change - $5,000.
10. Failure to conduct annual composition analysis - $100 per incident.
These amounts will be for liquidated damages for losses suffered by the City and not
penalties.
31. Damage to Property
The Contractor shall take all necessary precautions to protect public and private property.
Except for reasonable wear and tear, the Contractor shall repair or replace any private or
public property, including, but not limited to sod, mailboxes, or recycling bins, which are
damaged by the Contractor. Such property damage shall be addressed for repair or
replacement, at no charge to the property owner, within forty-eight (48) hours with property of
the same or equivalent value at the time of the damage.
If the Contractor fails to address the repair or replacement damaged property within forty-
eight (48) hours, the City may, but shall not be obligated to, repair or replace such damaged
property, and the Contractor shall fully reimburse the City for any of its reasonably incurred
expenses. The Contractor shall reimburse the City for any such expenses within ten (10)
days of receipt of the City's invoice.
32. Recycling Collection
The Contractor shall conform to the following provisions when collecting recyclables in the
City:
1. The Contractor shall structure routes so that lighter-loaded trucks travel on the
streets with poorer construction. The City shall provide road condition information
to the Contractor.
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2. The Contractor shall begin their routes with as small a volume of recyclables in
their trucks as practicable.
3. The Contractor shall assist the City by alerting the City Staff of unlicensed recycling
haulers who may be coming into Arden Hills.
CURBSIDE COLLECTION REQUIREMENTS
The following collection requirements are for curbside recycling services only and do not
pertain to multi-family recycling services.
33. Weekly Collection
The Contractor shall collect curbside recycling materials weekly.
34. Point of collection
All curbside collection service will occur at the curbside (i.e., no alley collections of residential
recyclables are allowed for residents with curbside collection service).
Walk Up Service
A service for seniors, disabled andlor special needs residents who request for special service
where the driver will walk up to the resident's garage door, stoop or other designated spot to
collect recyclable material for loading onto the truck. The driver then returns the binslcarts to
the same location. The City will compile a list of such service requests and present to the
contractor 30 days prior to the first collection for those residents who will receive the service
upon start of contract. The Contractor will take calls directly from residents who request this
service and add them to the walk up service list as needed throughout the duration of the
contract.
35. Curbside collection schedule deadline
If the Contractor determines that the collection of recyclables will not be completed by 6:00
p.m. on the scheduled collection day, the Contractor shall notify the City by 4:00 p.m. that
same day and request an extension of the collection hours. The Contractor shall inform the
City of the areas not completed, the reason for non-completion and the expected time of
completion. If the City's contract-designated contact person cannot be reached, the
Contractor will request the City Manager.
36. Procedure for handling non-targeted materials
If Contractor determines that a resident has set out non-targeted materials, the driver shall
use the following procedure:
1. Contractor shall leave the non-targeted materials in the resident's curbside
recycling bin and leave an "education tag" indicating acceptable materials and the
proper method of preparation.
2. The driver shall record the address and the Contractor shall report the address to
the City within the monthly report.
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37. New Materials to be Added in 2008
The City and the Contractor have agreed to add three new materials to the curbside
collection program: pop/beer boxes and textiles.
The pop/beer boxes shall be added to the paper stream. These items should be flattened and
placed by the resident unbundled with the other papers (newspaper, magazines, etc.)
Aseptic and Gabletop packaging (including milk cartons and juice boxes) will be added to the
bottle and can stream.
Residents shall place textiles separately in plastic garbage bags or other bags as determined
by the City. Each bag or set of bags will have a identifying marker clearly identifying the
materials for collection. Residents will be instructed to avoid the use of paper bags and
boxes; however, materials set out in these containers are acceptable provided that the
materials have not been exposed to rain or snow. If the textiles are wet the Contractor will
not collect those items.
MULTI FAMILY COLLECTION REQUIREMENTS
38.Contract Amendment for Multi-Family Collection
If the City were to amend the recycling contract in the future to include one or more of the
MFDs and/or the manufactured home park, the City would provide at least a 90 day
advanced notification to the Contractor and would schedule a meeting to discuss possible
changes in price per household, revenue sharing arrangement, and/or collection schedule
INSURANCE AND OTHER LEGAL REQUIREMENTS
39.Insurance
Insurance secured by the Contractor shall be issued by insurance companies acceptable to
the City and admitted in Minnesota. The insurance specified may be in a policy or policies of
insurance, primary or excess. Such insurance shall be in force on the date of execution of
the contract and shall remain continuously in force for the duration of the contract. The
Contractor shall have the City of Arden Hills named as an additional insured on each
insurance policy specified below, unless the Contractor submits in writing this is not feasible
for a specific insurance policy. The Contractor shall then provide certificates of insurance to
the City by approximately December 15 of each year. The Contractor and its sub-contractors
shall secure and maintain the following insurance:
39.1 Workers Compensation Insurance
Workers Compensation insurance shall meet the statutory obligations with Coverage B-
Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit
and $100,000 disease each employee.
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39.2 Commercial General Liability insurance
Commercial General Liability insurance shall be at the limits of at least $1 ,000,000 general
aggregate, $1,000,000 personal and advertising injury, $1,000,000 each occurrence $50,000
fire damage and $1,000 medical expense for anyone person. The policy shall be on an
"occurrence" basis, shall include contractual liability coverage and the City shall be named an
additional insured.
This insurance includes up to $10,000 expenses to extract pollutants from land or water at
the "premises" if the discharge, dispersal, seepage, migration, release, escape or emission of
the pollutants is caused by or results form a covered cause of loss.
39.3 Commercial Automobile Liability insurance
Commercial Automobile Liability insurance covering all owned, non-owned and hired
automobiles with limits of at least $1 ,000,000 per accident. This insurance includes a cause
of loss where there is a spill of fuels and lubricants used in the vehicle for its operation.
39.4 Director's & Officers Insurance or Errors & Omissions
Director's & Officers Insurance or Errors & Omissions insurance providing coverage for
"wrongful act" any actual or alleged error, misstatement, misleading statement, act or
omission, neglect or breach of duty. The insurance policy provides $1,000,000 each
occurrence and $1,000,000 aggregate limit of liability for each year.
Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the
Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor.
The Contractor shall control any special or unusual hazards and be responsible for any
damages that result from those hazards. The City does not represent that the insurance
requirements are sufficient to protect the Contractor's interest or provide adequate coverage.
Evidence of coverage is to be provided on a City-approved Insurance Certificate. A thirty-
(30) date written notice is required if the policy is canceled, not renewed or materially
changed. The Contractor shall require any of its subcontractors to comply with these
provisions.
40. Transfer of interest
The Contractor shall not assign any interest in the contract, and shall not transfer any interest
in the contract, either by assignment or novation, without the prior written approval of the City.
The Contractor shall not subcontract any services under this contract without prior written
approval of the City. Failure to obtain such written approval by the City prior to any such
assignment or subcontract shall be grounds for immediate contract termination.
The Contractor currently subcontracts to provide service to old corrugated containers (OCC)
customers that require dumpster capacity. This subcontract is annual and the Contractor will
notify the City in writing if there is a change in providers.
41. Non-Assignability and Bankruptcy
The parties hereby agree that the Contractor shall have no right to assign or transfer its rights
and obligations under said agreement without written approval from the City. In the event, the
Contractor, its successors or assigns files for Bankruptcy as provided by federal law, this
agreement shall be immediately deemed null and void relieving all parties of their contract
rights and obligations.
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42. Dispute resolution and arbitration procedures
The parties agree that any controversy or claim arising out of or relating to this agreement or
the breach thereof, shall be settled, at the option of the Contractor by arbitration in
accordance with the Rules of the American Association of Arbitration and judgment upon the
award by the Arbitrator(s) may be entered in any court with jurisdiction thereof.
43. General compliance
The Contractor agrees to comply with all applicable Federal, State and local laws and
regulations governing funds provided under this contract.
The Contractor pays its employees a prevailing wage based on the recycling industry in the
state of Minnesota and Hennepin County. The Contractor does not use temporary labor
arrangements to avoid paying a living wage. All of our employees, permanent and temporary,
receive a paycheck that meets or exceeds living wage standards. Additionally, the contractor
provides health insurance for all fulltime employees and a pro rata share for employees
working more than 20 hours but less than 40 hours a week.
44. Independent contractor
Nothing contained in this agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
Contractor shall at all times remain an independent Contractor with respect to the services to
be performed under this Contract. Any and all employees of Contractor or other persons
engaged in the performance of any work or services required by Contractor under this
Contract shall be considered employees or sub-contractors of the Contractor only and not of
the City; and any and all claims that might arise, including Worker's Compensation claims
under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf
of said employees or other persons while so engaged in any of the work or services provided
to be rendered herein, shall be the sole obligation and responsibility of Contractor.
45. Hold harmless
The Contractor agrees to defend, indemnify and hold harmless the City, its officers and
employees, from any liabilities, claims, damages, costs, judgments, and expenses, including
attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its
employees, its agents, or employees of subcontractors, in the performance of the services
provided by this contract, any resulting environmental liability that is a result of this contract or
by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations
under this contract. If a Contractor is a self-insured agency of the State of Minnesota, the
terms and conditions of Minnesota Statute 3.732 et seq. shall apply with respect to liability
bonding, insurance and liability limits. The provisions of Minnesota Statutes Chapter 466
shall apply to other political subdivisions of the State of Minnesota.
46. Accounting standards
The Contractor agrees to maintain the necessary source documentation and enforce
sufficient internal controls as dictated by generally accepted accounting practices to properly
account for expenses incurred under this contract.
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47. Retention of records
The Contractor shall retain all records pertinent to expenditures incurred under this contract
for a period of three years after the resolution of all audit findings. Records for non-
expendable property acquired with funds under this contract shall be retained for three years
after final disposition of such property.
48. Data practices
The Contractor agrees to comply with the Minnesota Government Data Practices Act and a[1
other applicable state and federal laws relating to data privacy or confidentiality. The
Contractor must immediately report to the City any requests from third parties for information
relating to this Agreement. The City agrees to promptly respond to inquiries from the
Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and
employees harmless from any claims resulting from the Contractor's unlawful disclosure or
use of data protected under state and federal laws.
All Proposals shall be treated as non-public information until the proposals are opened for
review by the City. At that time the Proposals and their contents become public data under
the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13.
49. Inspection of records
All Contractor records with respect to any matters covered by this agreement shall be made
available to the City or its designees at any time during normal business hours, as often as
the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant
data.
50. Applicable law
The laws of the State of Minnesota shall govern all interpretations of this contract, and the
appropriate venue and jurisdiction for any litigation which may arise hereunder will be in
those courts located within the County of Ramsey, State of Minnesota, regardless of the
place of business, residence or incorporation of the Contractor.
51. Contract termination
The City may cancel the Contract if the Contractor fails to fulfill its obligations under the
Contract in a proper and timely manner, or otherwise violates the terms of the Contract if the
default has not been cured after 60 days written notice has been provided. The City shall pay
Contractor all compensation earned prior to the date of termination minus any damages and
costs incurred by the City as a result of the breach. If the contract is canceled or terminated,
all finished or unfinished documents, data, studies, surveys, maps, models, photographs,
reports or other materials prepared by the Contractor under this agreement shall, at the
option of the City, become the property of the City, and the Contractor shall be entitled to
receive just and equitable compensation for any satisfactory work completed on such
documents or materials prior to the termination.
52. Employee working conditions and Contractor's safety procedures
The Contractor will ensure adequate working conditions and safety procedures are in place to
comply with all applicable federal, state and local laws and regulations. The City reserves
the right to inspect on a random basis all trucks, equipment, facilities, working conditions,
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training manuals, records of claims for Worker's Compensation or safety violations and
standard operating procedures documents.
53. Contract amendments
Any amendments to this Agreement shall be valid only when reduced to writing, and duly
signed by the parties.
IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written.
The Neighborhood Recycling Corporation, Inc.
(D/B/A "Eureka Recycling"): City of Arden Hills:
By
Chief Executive Officer
By
City Administrator
By
By
Chief Operating Officer
Mayor
APPROVED TO FORM
By
City Attorney
20
Attachment C
RFP for Residential Recycling Services
January 14, 2008, City Council Meeting
City of Arden Hills, Minnesota
Request for Proposals (RFP)
for
Residential Recycling Services
September24,2007
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
Table of Contents
City of Arden Hills
1. INTRODUCTION...................................................................................................... 1
2. BACKGROUND ........................................................................................................1
3. DEFINITIONS ........................................................................................................... 2
3.1 Aluminum Cans .............................................. ............................. .........................2
3.2 Contractor .......... ..................... ............................... ........ .... ................................. ...2
3.3 Curbside ............ .................... ............................. ............... ... .............................. ...2
3.4 Curbside Recycling Bins ....... ............................................... ...................... ... .... ....2
3.5 Curbside Recycling Service .................................................................................2
3.6 Fiber ......... .... ......................... ............... ..... ............................ ............................ .... 2
3.7 Glass Jars and Bottles ...........................................................................................2
3.8 Mixed Mail/Junk Mail/Household Paper .............................................................. 2
3.9 Markets.. ..... ... ..................... ....................... ...... ............... ....... ...... .................... ......3
3.1 0 Materials Recovery Facility (MRF) ................................................................... 3
3. I I Multi-Family Dwellings (MFD) ......................................................................... 3
3.12 Non-Targeted Materials ...................................................................................... 3
3 .13 Old Boxboard (OBB).. .............. ........... ... ............ ................ .................. ..............3
3.14 Old Corrugated Cardboard (OCC)......................................................................3
3.15 Old Magazines (OMG) .......................................................................................3
3.16 Old Newspaper (ONP) ........................................................................................ 3
3.17 Plastic Bottles. .................. ............................. ............................. ...... ...................3
3. I 8 Process Residuals .......... ............. ... ...... ........ ... ..................................................... 3
3. I 9 Processing .................... .............................. .................. ....... .......................... ...... 4
3.20 Processing Center ..................... ........ ....... ................. ...... ............................... ......4
3.21 Proposal Scenarios ...... ............. ........... .... ..................... ... ....................................4
3.21.1 Dual-Stream, Every Week Collection Scenario ......................................4
3.21.2 Single-Stream, Every Other Week Collection Scenario .........................4
3.21.3 Single-Stream, Every Week Collection Scenario ...................................5
3.22 Recyclable Materials or Recyclables ..................................................................5
3.23 Recycled Content Products .................................................................................5
3.24 Steel Cans .................... ................... ......... ......................... ............... .............. ...... 5
3 .25 Waste .... ...................... ... .............. ... ................ .............. .... ......... ................. .........6
4. GENERAL REQUIREMENTS FOR RESIDENTIAL COLLECTIONS............ 6
4.1 Contractor Service Requirements .........................................................................6
4.2 Contractor Licensing Requirements .....................................................................6
4.3 Collection Vehicle Equipment Requirements.......................................................6
4.4 Personnel Requirements ............................ .............. .... ............ ..................... .........6
4.5 Point of Collection.... ............. .............................. ....... .......... ...................... .... ......7
4.6 Recycling Containers .... ............ ............................. ..... ............ .......... ....... .............7
4.6.1 Dual- Stream Collection.. ............................................................... ............. 7
4.6.2 Single-Stream Collection.......................... ..... .............................. ............... 7
4.7 Co llection....,.........................,............................................................................... 8
4.7.1 Dual-Stream Collection ........................ ................................... ................... 8
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RFP for Residential Recycling Services
4.7.2 Single-Stream Collection....................... ....... ,....................................... ...... 8
4.7.3 Future Source-Separated Organics Collection ........................................... 8
4.8 City Retains Right to Specify Resident Preparation Instructions .........................9
4.9 Procedure for Unacceptable Recyclable Materials ...............................................9
4. I 0 Collection Days... ....................... .................... ............. ........ ................. ..... ..........9
4. I I Collection Hours ...................... .... .................. ..................... ................. ........ .... ...9
4.12 Cleanup Responsibilities.............. ............................................ ............ ....... ........9
4.13 Missed Collection Policy & Procedures ...........................................................10
4.14 Non-Completion of Collection and Extension of Collection Hours................. 10
4. I 5 Severe Weather ............. ........ ....... ................ ................... .... ... .............. ...... ....... 10
4.16 Holidays.. ........................ ................................... ............................. ............ ...... 10
4.17 Weighing of Loads............................................................................................10
4. 18 Unauthorized Collection................................................................................... I I
4.19 Utilities. ..................... .... ............ ................ ..... ......... ... .... .................. ...... ........... I I
4.20 Damage to Property ..........................................................................................11
4.21 Municipal Facilities ..........................................................................................11
4.22 Reports and Meetings .......................................................................................11
4.22. I Materials Reports ............................. .......... ....... ....... ........... ..... ............... 11
4.22.2 Monthly Customer Relations Report......................................................12
4.22.3 Annual Performance Review Meeting ................................................... 12
4.23 Publicity, Promotion, and Education ................................................................12
5. MATERIALS PROCESSING AND MARKETING............................................ 13
5.1 Processing Facilities Must Be Specified.............................................................13
5.2 Lack of Adequate Market Demand .....................................................................13
5.3 Estimating Materials Composition as Collected .................................................14
5.4 Estimating Process Residuals .............................................................................14
5.5 Performance Monitoring ...... ............. ....... ............... ................. ........................... 14
5.6 End Markets .......... ........................ .... ..................... .......... ... .................... ............ 14
6. PAYMENT AND DAMAGES ................................................................................15
6.1 Compensation for Services .................................................................................15
6.2 Revenue Sharing ............. ............... ...................... ......... ........ ...................... ..... ... 15
6.3 Liquidated Damages ...........................................................................................16
7. INSURANCE AND OTHER LEGAL REQUIREMENTS ..................................17
7.1 Insurance..... ...................... .............. .................... .... ......................... ...... ........ ..... 17
7 .2 Worker's Compensation .... .............. ................. .... .................... ...................... ..... 17
7.3 Employee Working Conditions and Respondent's Safety Procedures................ 17
7.4 Equal Opportunity................... ........................ .................. ........ ............. ............. 18
7.5 Compliance with Laws & Regulations ...............................................................18
7.6 Goveming Law.......................... ................... .................... ........... .............. ..... .... 18
7. 7 Waiver .",...................................... .................................... .............. .... ... ...... ........ 18
7. 8 Termination......................................................................................................... 18
7.9 Severability.................................. .................. ......... ......... ............... ......... ........... 19
7.10 Accounting Standards ..... .............. ................ ................. ................... ...... .......... 19
7.1 I Retention of Records ........................................................................................ 19
7.12 Data Practices................ .......... ...... ................. ............. .... ............. .... ....... .......... 19
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City of Arden Hills
7.13 Inspection of Records and Disclosure...............................................................19
7. I 4 Independent Contractor........... ............... .......... ................................................. 19
7. I 5 Transfer of Interest..... .......... .................. ............. ..................... ...... .... .... .... .......20
7.16 Non-Assignability and Bankruptcy................................................................... 20
7. I 7 Indemnification ...................... ...... ............. ................. .......................................20
7.18 Performance & Payment Bond .........................................................................20
7.19 Conflict of Interest .......................... ..................................................................21
7.20 Entire Contract .......... .......... ............................... ....... ........... ..... ......... .... ... ........ 2 I
7.2 I Contract Conditions .................. ............................ ............ ....... ...................... ...2 I
8. TERM OF CONTRACT ......................................................................................... 21
9. SUBMITTING PROPOSALS ................................................................................. 21
9.1 Notification of Intent ............... ............................. .............. .......... ........ ............... 2 I
9.2 Requests for Clarification .......... ................. ... .......... .......... ........ ...... ................ ...2 I
9.3 Contractors May Team with Other Companies .................................................. 22
9.4 How to Submit Proposals ...... ............. ............... .................................................. 22
9.5 Proposal Content ................. ................. ............... ......... ...... ..... .... ......... ... ............ 23
9.6 Curbside Dual-Stream Every Week Collection Proposal Scenario ....................23
9.7 Single- Stream Proposal Scenario ................. .......................................................23
9.8 Price Worksheet. ............ ................ .....................................................................23
9.9 Proposals May Be Rejected in Whole or Part..................................................... 24
9.10 RFP and Proposal to Become Part of Final Contract........................................24
10. CONTRACTOR SELECTION PROCESS ...........................................................24
10. I Contractor Selection Process ............................................................................ 24
10.2 Evaluation Criteria ....... ............. .................... ................. ................................... 25
Attachment A - Map of Arden Hills
Attachment B - Arden Hills Recycling Tonnage Estimates by Material Type for 2006
Attachment C - Price Worksheets
IV
RFP for Residential Recycling Services
1. INTRODUCTION
This request for proposals (RFP) defines the service standards, specifications and proposal
requirements of the residential recycling collection program for the City of Arden Hills (City).
The City seeks to enter into a recycling contract with a company that has the resources and
ability to provide residential recyclable materials collection services for the City.
It is the intent of the City to accept and evaluate proposals for residential recycling services
including collection, processing, and marketing. The goals of the City are to maximize the
fullest recovery possible of recyclable materials from all residents in the City and to achieve the
most cost-effective solution.
The City encourages Proposers to submit their best proposal possible. The requirements within
this RFP may be altered by Proposers if proposals explicitly describe the change, rationale
and price implications. For example, the "dual-stream proposal" scenario assumes the City's
current dual-stream collection/processing recycling method. Proposers may propose a "single-
stream proposal" scenario or they may propose on both scenarios. Each scenario proposed must
have a distinct, associated price.
2. BACKGROUND
The City's current recycling contract requires single-family households to be serviced on a
weekly basis. Households north of Interstate 694 have recyclable materials collected every
Wednesday and households south of 1-694 have recyclable materials collected every Tuesday
(see Attachment A for a map of Arden Hills).
The current population of Arden Hills is estimated to be 9,692 persons. The City has
approximately 2,560 single-family housing units included as part of the City's residential
recycling program.
Three buildings in the City (one senior living building, one condominium complex, and one
apartment building) totaling 173 units contract individually with one private hauler for once
weekly dual-stream collection of recyclable materials.
There is one manufactured home park (Arden Manor) in the City, consisting of 294 housing
units. The park owner contracts with one hauler for the collection of recyclable materials from
these units.
The City currently has a dual-stream recycling program for fiber and rigid containers. Paper
products accepted in the City's recycling program include old newspaper (ONP), old magazines
(OMG) including catalogs, old corrugated containers (OCC), mixed mail, old boxboard (OBB),
phone books, and pop and beer carriers/cartons. Rigid containers accepted in the program
include glass food and beverage containers, plastic bottles with a neck, steel and tin cans,
aluminum foil, and aluminum cans. These materials are described in more detail in Section 3,
"Definitions ".
The City is billed $2.05 per household for residential recycling services by its current contractor.
The total quantity of recyclable materials collected from the single-family curbside program in
2006 was 861 tons. The breakdown of 2006 recyclable materials collected in Arden Hills, by
material type, can be found in Attachment B.
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City of Arden Hills
3. DEFINITIONS
3.1 Aluminum Cans
Disposable containers fabricated primarily of aluminum, commonly used for soda, beer,
juice, water or other beverages.
3.2 Contractor
The City's recycling service contractor under the new contract beginning operation on
March 1,2008.
3.3 Curbside
The area of public right of way between the property line and the curb or edge of the
street, but not on the street.
3.4 Curbside Recycling Bins
Uniform curbside recycling bins (e.g., 18-gallon, green plastic recycling tubs) in which
recyclable materials can be stored and later placed for curbside collection, as specified by
the City. Also pertains to bins, boxes, bags or other containers used by residents to
separate their recyclable materials. (The current l8-gallon curbside bins were originally
distributed free of charge to all households by the City. Residents may now purchase
bins for $5.50 each, plus tax.) For single-stream collection proposals, see Section 4.6.2
of this RFP which states that the Contractor shall provide containers for use in single-
stream collection programs.
3.5 Curbside Recycling Service
The recycling collection service, together with related public education and other
customer services, specified within this RFP utilizing curbside recycling pickup.
3.6 Fiber
As part of a dual-stream collection program, fiber includes the following paper items: old
newspaper (ONP) including inserts; old magazines (OMG) including catalogs; old
corrugated containers (OCC); mixed mail; old boxboard (OBB); phone books; and pop
and beer carriers/cartons.
3.7 Glass Jars and Bottles
Unbroken glass jars, bottles, and containers (lids/caps and pumps removed) that are
primarily used for packing and bottling of food and beverages.
3.8 Mixed Mail/Junk MailIHousehold Paper
Mail, advertisements, office paper, school papers, envelopes, etc. Shredded paper is
acceptable in closed paper bags, no plastic bags.
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RFP for Residential Recycling Services
3.9 Markets
Any person or company that buys (or charges) for recycling of specified materials and
may include, but are not limited to: end-markets, intermediate processors, brokers and
other recyclable material reclaimers.
3.10 Materials Recovery Facility (MRF)
A recycling facility in which recyclable materials are processed. The facility will
conform to all applicable rules, regulations and laws of state, local or other jurisdictions.
3.11 Mnlti-Family Dwellings (MFD)
Any building used for residential purposes consisting of five or more residential units is
considered multi-family dwellings (MFDs) and are considered commercial property.
Garbage and recycling collection services are contracted directly by the building owners.
The City's ordinance is scheduled to be amended by the end of 2007 to ensure all
residents have access to recycling, including those living in multi- family complexes.
3.12 Non-Targeted Materials
Non-recyclable materials that are not included in the City's recycling program.
Examples of typical non- targeted items include (but are not limited to): pumps on plastic
bottles, ceramic material, frozen pizza boxes, plastic tubs such as butter or whipped
topping containers, electronics, etc.
3.13 Old Boxboard (OBB)
Boxes including cereal, cake, chip, cracker boxes, etc. Does not include boxboard
containers used for refrigerator or freezer food product storage.
3.14 Old Corrugated Cardboard (OCC)
Cardboard material with double wall construction and corrugated separation between
walls. Does rot include plastic, wax or other coated cardboard.
3.15 Old Magazines (OMG)
Glossy and non-glossy magazines and catalogs.
3.16 Old Newspaper (ONP)
Newspapers including inserts.
3.17 Plastic Bottles
Plastic bottles with a narrow neck including milk jugs, laundry bottles, ketchup bottles,
pop bottles, etc. Wide neck containers such as butter or whipped topping containers, are
not included.
3.18 Process Residuals
The normal amount of material that cannot be economically recycled due to material
characteristics such as size, shape, color, cross-material contamination, etc. and must be
disposed as mixed municipal solid waste. Process residuals include subcategories
3
City of Arden Hills
including, but 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 does not include clean, separated products that are normally processed
and prepared for shipment to markets as commodities but are of relatively low- value
because of depressed market demand conditions.
3.19 Processing
The sorting, volume reduction, baling, containment or other preparation of recyclable
materials delivered to the processing center for transportation or marketing purposes.
3.20 Proeessing Center
A recycling facility in which recyclable materials are processed. The facility will
conform to all applicable rules, regulations and laws of state, local or other jurisdictions.
3.21 Proposal Scenarios
Three different recycling collection/processing scenarios are identified by the City for
purposes of this RFP. Proposers may submit pricing on multiple scenarios.
3.21.1 Dual-Stream, Every Week Collection Scenario
Dual-stream, every week collection scenario, single:family residential units only. This
proposal scenario assumes the City's current dual-stream collection and processing
system for purposes of this RFP. Dual-stream service includes collection from
approximately 2,560 single- family residential units, and processing the residential
curbside material within the form of a dual-stream system whereby residents will
continue to be instructed to separate recyclable materials into two groups of materials:
(I) all fiber products and (2) all rigid containers. Other design and operating details of
the current collection, processing and public education systems are assumed within this
dual-stream scenario.
Note: It is possible that in the future, the City's recycling contract may include
MFD bnildings and/or the manufactured home park. There are three (3) MFD
buildings totaling 173 units:
. Cottage Villas, 64 units;
. Hunters Park Condos, 72 units; and
. Parkshore Apartments, 37 units.
The MFD buildings have central drop-off points for use by all residents. There is also
one manufactured home park (Arden Manor) located in the City with 294 units.
3.21.2 Single-Stream, Every Other Week Collection Seenario
Single-stream, every other week collection scenario. Proposers of a single-stream
collection scenario propose to collect the residential curbside material every other week
and process the material within the form of a single-stream system whereby residents will
be instructed to commingle all groups of materials.
4
RFP for Residential Recycling Services
Note: It is possible that in the future, the City's recycling contract may include
MFD buildings and/or the manufactured home park. There are three (3) MFD
buildings totaling 173 units:
. Cottage Villas, 64 units;
. Hunters Park Condos, 72 units; and
. Parkshore Apartments, 37 units.
The MFD buildings have central drop-off points for use by all residents. There is also
one manufactured home park (Arden Manor) located in the City with 294 units.
3.21.3 Single-Stream, Every Week Collection Scenario
Single-stream, every week collection scenario. Proposers of a single-stream scenario
propose to collect the residential curbside material every week and process the material
within the form of a single-stream system whereby residents will be instructed to
commingle all groups of materials.
Note: It is possible that in the future, the City's recycling contract may include
MFD buildings and/or the manufactured home park. There are three (3) MFD
buildings totaling 173 units:
. Cottage Villas, 64 units;
. Hunters Park Condos, 72 units; and
. Parkshore Apartments, 37 units.
The MFD buildings have central drop-off points for use by all residents. There is also
one manufactured home park (Arden Manor) located in the City with 294 units.
3.22 Recyclable Materials or Recyclables
The following recyclable materials as defined herein this RFP: newspapers, magazines,
catalogs, corrugated cardboard, mixed mail, boxboard, phone books, pop and beer
carriers/cartons, glass food and beverage containers, plastic bottles with a neck, steel and
tin cans, aluminum foil, and aluminum cans. The City encourages the Proposers to
explore markets for additional types of recyclable material (e.g., milk cartons, juice
boxes, pop/beer carriers, textiles, and any additional materials). Materials may be added
to this list as part of the proposal or by mutual written agreement between the City and
the Contractor.
3.23 Recycled Content Prod nets
Products or goods, including roadbed or other aggregate products that are openly
marketed and have positive value. Recycled content products do not include use of any
commodity as landfill cover.
3.24 Steel cans
Containers fabricated primarily of steel or tin used for food or beverages.
5
City of Arden Hills
Any delivered recyclable material that is deemed by the processor to be unable to be
marketed into recycled-content products. Typical "waste" in this context includes pumps
on plastic bottles, ceramic material in glass streams, frozen pizza boxes in paper stream,
etc.
3.25 Waste
4. GENERAL REQUIREMENTS FOR RESIDENTIAL COLLECTIONS
4.1 Contractor Service Requirements
The Contractor agrees to provide residential recycling services to all single- family households
(approximately 2,560). At this time, the three MFD buildings (173 units) and the manufactured
home park (294 units) are not included, but may be included in the future.
4.2 Contractor Licensing Requirements
The City's ordinance is scheduled to be amended by the end of 2007 to require all haulers of
recyclable materials obtain a hauling license issued by the City.
4.3 Collection Vehiele Equipment Requirements
All collection vehicles used in performance of the contract shall be duly licensed and inspected
by the State of Minnesota and shall operate within the weight allowed by Minnesota Statutes.
Each collection vehicle shall be equipped with the following:
a. Two-way communications device.
b. First aid kit.
c. An approved 2AIOBC Dry Chemical Fire Extinguisher.
d. Warning flashers.
e. Warning alarms to indicate movement in reverse.
[ Sign on the rear of the vehicle which states "This Vehiele Makes Frequent Stops" or
similar language.
g. A broom and shovel for cleaning up spills.
All of the required equipment must be in proper working order. All vehicles must be maintained
in proper working order and be as clean and free from odors as possible. All vehicles must be
clearly identified on both sides with Contractor's name and telephone number.
4.4 Personnel Requirements
Contractor shall retain sufficient personnel and equipment to fulfill the requirements and
specifications of tIE services described in this RFP. The Contractor will provide a Route
Supervisor to oversee the recycling route drivers servicing the City. The Route Supervisor will
be available to address customer complaints each day. The Contractor shall have on duty
Monday through Friday from 7:00 a.m. to 5:00 p.m. a dispatch customer service representative to
receive customer calls and route issues. The Contractor shall provide a 24- hour answering
6
RFP for Residential Recycling Services
service line or device to receive customer calls. The Route Supervisor and all collection vehicles
must be equipped with 2-way communication devices.
Contractor's personnel will be trained both in program operations and in customer service and
insure that all personnel maintain a positive attitude with the public and in the work place and
shall:
a) Conduct themselves at all times in a courteous manner and use no abusive or foul
language.
b) Perform their duties in accordance with all existing laws and ordinances and future
amendments thereto of the Federal, State of Minnesota, and local governing boards.
c) Be clean and presentable in appearance, as so far as possible.
d) Wear a uniform and employee identification badge or name tag.
e) Drive in a safe and considerate manner.
f) Manage containers in a careful manner, by picking them up, emptying their contents into
the collection vehicle, and placing - not throwing or sliding - the oontainer back in its
curbside location so as to avoid spillage and littering or damage to the container.
g) Monitor for any spillage and be responsible for cleaning up any litter or breakage.
h) A void damage to property.
i) Not perform their duties or operate vehicles while consuming alcohol or illegally using
controlled substances or while under the influence of alcohol and/or such substances.
4.5 Point of Collection
All recyclable material collection service from single- family housing units will occur at the
curbside (i.e., there are no alley collections ofresidential recyclable materials).
4.6 Recycling Containers
4.6.1 Dual-Stream Collection
The City has made recycling containers available for participants in the dual-stream
curbside recycling program. Recycling containers shall not be a prerequisite to
participate in the recycling program Other container types such as brown paper grocery
bags, boxes, and bins are acceptable to the extent that route drivers readily recognize
them as containing recyclab Ie materials.
4.6.2 Single-Stream Collection
Contractor shall provide containers for use in single-stream collection programs.
The Contractor will maintain an inventory of new and replacement containers and will be
required to service and repair damaged containers. Contractor shall maintain sufficient
cart inventory of various sizes to meet supply and demand needs for the entire term of the
contract
The standard cart size shall be approximately 60-gallons. The carts shall be uniform and
consistent in color and design and have a recycling symbol and approved instruction label
7
City of Arden Hills
attached, so as to be easily identified by the resident/customer and the Contractor driver
as the container for recyclable materials collection.
Thirty and ninety- gallon carts of similar design shall be provided to residents who request
a different level of service. Additional carts will be provided at no extra charge to
residents who request them.
Each cart will be delivered with a package of recycling information provided by the
Contractor and approved by the City explaining what and how to recycle using the single-
stream method.
The driver is required to record and report to Contractor dispatch the location of any cart
that is damaged and that cart shall be repaired or replaced by the Contractor or designated
subcontractor within one (I) week ofthe report of damage.
4.7 Collection
4.7.1 Dual-Stream Collection
Items shall be placed in green recycling bins, brown paper bags, or any other container
that can reasonably be identified as containing recyclable material<;.
Containers shall be placed at the curbside, by 7:00 a.m. on the designated collection day.
On the designated collection day, Contractor shall empty all acceptable materials from
curbside container and any acceptable materials that are placed adjacent to container, and
shall replace container at curbside.
The City assumes that all residents receiving dual-stream curbside collection service will
be collected every week as per the current system, unless an alternate scenario is
proposed and awarded.
4.7.2 Single-Stream Collection
Recycling carts shall be placed by the residents at curbside on collection day, with the
handle toward the house and the lid opening toward street. The Contractor shall collect
from each participating household, all acceptable materials that have been prepared
according to publicized procedures. The driver is required to place the emptied cart back
down in the same curbside location as set by the resident. In no case is the cart to be left
in the street.
4.7.3 Future Source-Separated Organics Collection
The City may consider adding residential curbside source-separated organics (SSOi
collection to its collection services in the future. The City has the right to negotiate with
the selected residential recycling Contractor, at a later date, the option of adding SSO
collection to the recycling contract, or the City may choose to procure those services
1 Source-separated organics may include, but not be limited to, the following types of materials: food waste (e.g.,
vegetable and fruit trimmings, coffee grounds and filters, eggs and eggshells, meat, etc.), compostable paper
products (non-recyclable paper such as paper tissues and napkins, paper towels, and paper plates and cups), and
other compostable products.
8
RFP for Residential Recycling Services
under a separate contract with a different vendor. The City is not asking that this
proposal include SSO collection pricing, as the details of such a collection component are
not known at this time, rather it is mentioned here as a possible change to the current
collection system in the future. SSO could be co-collected with recyclable materials or
yard waste, or collected separately.
4.8 City Retains Right to Specify Resident Preparation Instructions
The Contractor shall agree that it is the City's sole right to clearly specify the resident sorting
and setout requirements. At the City's discretion, ffich information shall be included in the
City's newsletter. Sorting and setout requirements shall be listed in any public education pieces
distributed by the Contractor as detailed in Section 4.23.
4.9 Procedure for Unaeceptable Recyclable Materials
If Contractor determines that a resident has set out unacceptable or non-targeted recyclable
materials, the driver shall use the following procedures:
a) Contractor shall leave the non-targeted materials in the resident's curbside recycling bin or
cart and leave an "education tag" indicating acceptable materials and the proper method of
preparation. (Note: an example of the Proposer's education tag is to be included with the
proposal. )
b) The driver shall record the address on forms acceptable to the City. Contractor shall report
the address to the City Recycling Coordinator at the end of each month.
If this procedure for handling non-targeted materials is not feasible for single-stream collection
systems, the Contractor must so specify and explain an aIterna tive public education system to
maintain and improve quality of recyclable materials set out by City residents.
4.10 Collection Days
Collection of recyclable materials from households north of 1-694 will take place every
Wednesday and households south ofl-694 will take place every Tuesday. See Attachment A for
a map of the City. The City requests that these days do not change, however as stated in Section
3.21, Proposal Scenarios, there is an option to propose on single-stream collection every other
week. If the City chooses every other week collection, the Contractor shall publish a yearly
calendar clearly identifying collection days/weeks, with assistance and approval from the City.
4.11 Collection Hours
Contractor shall maintain sufficient equipment and personnel to assure that all collection
operations commence no earlier than 7 :00 a.m. and are completed by 6:00 p.m. on the scheduled
collection day.
4.12 Cleanup Responsibilities
Contractor shall adequately clean up any materials spilled or blown dur ing the course of
collection and/or hauling operations. As stated in Sec. 4.3 of this RFP, all collection vehicles
shall be equipped with a broom and shovel for use in cleaning up any spills. Any unacceptable
materials left behind should be secured within resident's recycling container, if provided. The
9
City of Arden Hills
driver shall take all precautions possible to prevent littering of unacceptable recyclable materials.
Contractor shall have no responsibility to remove any items that are not recyclable materials.
4.13 Missed Collection Poliey & Procedures
In the City's public education information, residents will be directed to call the Contractor for
missed collections and other service issues. Contractor shall have a duty to pick up missed
collections. Contractor agrees to pick up all missed collections on the same day that the
Contractor receives notice of a missed collection, provided notice is received by Contractor
before II :00 a.m. on a business day. With respect to all notices of a missed collection received
after II :00 a.m. on a business day, Contractor agrees to pick up that missed collection before
6:00 p.m. on the business day immediately following.
Contractor shall provide staffing of a telephone-equipped office to receive missed collection
complaints between the hours of 7:00 a.m. and 5:00 p.m. on weekdays, except holidays. The
Contractor shall have an answering machine or voice mail system activated to receive phone
calls after hours. Contractor shall keep a log of all complaints, missed pick ups, and other calls
requiring action. The log shall include the type of cal~ the date and time received, the
Contractor's response, and the date and time of response. This information shall be provided to
the City in a monthly report.
4.14 Non-Completion of Collection and Extension of Collection Hours
If Contractor determines that the collection of recyclable materials will not be completed by 6:00
p.m. on the scheduled collection day, Contractor shall notify the City Recycling Coordinator by
4:00 p.m., and request an extension of the collection hours. Contractor shall inform the City of
the areas not completed, the reason for non-completion, and the expected time of completion.
4.15 Severe Weather
Recycling collections may be postponed due to severe weather at 1he sole discretion of the
Contractor. Upon postponement, collection will be made on a day agreed upon between the
Contractor and the City.
4.16 Holidays
Holidays refers to any of the following: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas Day and any other holidays mutually agreed to by the
City and Contractor. In no instance will there be more than one holiday during a collection
week. When the scheduled collection day falls on a holiday, collection for that day will be
collected one day later. If the City chooses every other week collection, the Contractor shall
publish a yearly calendar clearly identifYing collection days/weeks, with assistance from the
City.
4.17 Weighing of Loads
Contractor will keep accurate records conslstmg of an approved weight slip or electronic
equivalent with 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.
Collection vehicles will be weighed quarterly or semi-annually to obtain a tare weight. Paper or
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electronic versions of each weight ticket shall be maintained on file by the Contractor for at least
three years in the event of an audit by the City.
4.18 Unautho rized Collection
Only a licensed recycling hauler under contract with the City or with the property owner shall
collect, remove, or dispose of recyclables after they have been set out for collection The City's
recycling Contractor's employees may not co llect or scavenge through recycling in any manner
that interferes with the contracted recycling services.
The Contractor shall report to the City any instances of suspected scavenging or unauthorized
removal of recyclable materials from any collection containers.
4.19 Utilities
The Contractor shall be obligated to protect all public and private utilities whether occupying
street or public or private property. If such utilities are damaged by reason of the Contractor's
operations, under the executed contract, he/she shall repair or replace same, or failing to do so
promptly, the City shall cause repairs or replacement to be made and the cost of doing so shall be
deducted from payment to be made to the Contractor.
4.20 Damage to Property
The Contractor shall take all necessary precautions to protect public and private property.
Except for reasonable wear and tear, the Contractor shall repair or replace any private or public
property, including, but not limited to sod, mailboxes, or recycling bins, which are damaged by
the Contractor. Such property damage shall be addressed for repair or replacement, at no charge
to the property owner, within forty-eight (48) hours with property of the same or equivalent
value at the time of the damage.
If the Contractor fails to address the repair or replacement damaged property within forty-eight
(48) hours, the City may, but shall not be obligated to, repair or replace such damaged property,
and the Contractor shall fully reimburse the City for any of its reasonably incurred expenses.
The Contractor shall reimburse the City for any such expenses within ten (10) days of receipt of
the City's invoice.
4.21 Municipal Facilities
Contractor will provide free dual-stream recycling cart service (at least every other week) at
Arden Hill's City Hall. Contractor will provide carts or other mutually agreed upon containers to
facilitate that service.
4.22 Reports and Meetings
4.22.1 Materials Reports
The Contractor will report, on a monthly and yearly basis, the following information regarding
the City of Arden Hill's recyclable materials quantities (in tons):
. Gross amounts of materials collected, by recyclable material;
. Net amounts of materials marketed, by recyclable material;
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City of Arden Hills
. Amounts stored, by recyclable material, with any notes as to unusual conditions;
. Amounts of process residuals disposed; and
. Revenue share credits back to the City (if any).
Monthly reports shall be due to the City by the 15th day of each month for material collected by
the Contractor during the preceding calendar month. The reports shall be made available in an
electronic spread sheet format (e.g., Excel), and may be submitted via email to the City's
Recycling Coordinator.
Annual reports to the City shall be due by the 15th of January for materials received by the
Contractor during the preceding calendar year. The Contractor must state in writing to the City
that all recyclable materials collected in Arden Hills the preceding calendar year were indeed
recycled and not disposed as garbage. The Contractor will be encouraged to include in its annual
report recommendations for continuous improvement in the City's recycling program (e.g.,
public education, reduction of non-targeted materials, etc.).
4.22.2 Monthly Customer Relations Report
Each month the Contractor shall provide the City with the following reports:
. A list of all customer complaints, including a description of how each complaint was
resolved.
. A list of all addresses where education tags were left for residents and why the tags were
left.
. A list of all missed pick ups reported to the Contractor.
The monthly reports shall be sent by mail, fax or e- mail to the City's Recycling Coordinator.
4.22.3 Annual Performance Review Meeting
Upon receipt of the Contractors annual report, the City shall schedule an annual meeting with the
Contractor and the City's Recycling Coordinator.
The objectives of this annual meting will include (but not be limited to):
. Review Contractor's annual report, including trends in recovery rate and participation.
. Efforts the Contractor has made to expand recyclable markets.
. Review Contractor's performance based on feedback from residents to City staff.
. Review Contractor's recommendations for improvement in the City's recycling program,
including enhanced public education and other opportunities.
. Review staff recommendations for improving Contractor's service.
. Discuss other opportunities for improvement with the remaining years under the current
contract.
4.23 Publicity, Promotion, and Education
The City publishes a newsletter approximately once per month that is mailed to all residents.
Periodically the newsletter contains recycling information The City's website provides
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recycling details such as a list of acceptable and unacceptable materials as well as proper
recycling set-out instructions.
Proposers are encouraged to specify other public education tools that the Contractor will provide.
If the Contractor chooses to distribute its own public education information, the educational
materials must first be reviewed by the City Recycling Coordinator. The Contractor shall submit
a draft of any public education literature for approval by the City, at least one (I) month before
printing and distribution of any such literature.
Contractor shall demonstrate commitment to the promotion of responsible waste management
through participation in community events, for example, by initiating and providing collection
opportunities for recyclable materials at City-sponsored events. As part of this proposal,
Contractor shall describe its experience in providing collection services at community events.
The Contractor shall conduct its own promotions and public education to increase participation
and improve compliance with City-specified resident preparation instructions. At a minimum,
this shall include distribution of resident education tags to be left by curbside collection crews if
any non-targeted material is rejected and left at the curb (see Section 4.9).
5. MATERIALS PROCESSING AND MARKETING
5.1 Processing Facilities Must Be Specified
It is intended that all recyclable materials collected by the Contractor will go to recycling
markets to be manufactured into recycled content products.
The Contractor shall assure the City that adequate recyclable material processing capacity will be
provided for City material collected. The proposals must clearly specify the location(s) of its
recyclable materials processing facility (or subcontractor's facility) where material collected
from the City will be delivered and/or processed. 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 recyclable materials collected from the City.
Upon collection, the City's Contractor shall deliver the designated recyclable materials to a
recyclable material processing center, an end market for sale or reuse, or to an intermediate
collection center for later delivery to a processing center or end market. It is unlawful for any
person to transport for disposal or to dispose of designated recyclable materials in a mixed
municipal solid waste disposal facility.
Contractor shall assure that all recyclable materials collected in the City are not landfilled or
incinerated except for process residuals as defined in Section 3. I 8 of this RFP. The Contractor
shall dispose of no more than five percent (5%) of material (by weight) as process residuals as
part of recyclable materials processing operations. (Should the Proposer wish to offer a different
percentage, it must be stated in the proposal with an explanation and rationale for the alternative
limit.) No recyclable materials will be landfilled or incinerated by the Contractor without written
authorization from the City and the Minnesota Pollution Control Agency.
5.2 Lack of Adequate Market Demand
In the event that the market for a particular recyclable material ceases to exist, or becomes
economically depressed that it becomes economically unfeasible to continue collection,
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City of Arden Hills
processing and marketing of that particular material, the Contractor shall give written notice to
the City. The notice shall include information demonstrating the effort the Contractor has made
to find market sources, and the financial information justifying the conclusion that the market is
economically unfeasible. At such conclusion, the City and the Contractor will both agree in
writing that it is no longer appropriate to collect such item before collection ceases.
Contractor shall pay the costs of all disposal of any item collected that is deemed not recyclable
by Contractor and the City due to lack of adequate market demand. The City and Contractor
shall specifY a date in the said written agreement to cease collection of the recyclable material in
question. Contractor shall at all times be under a duty to minimize recyclable materials ending
up in landfill or incineration. If such disposal becomes necessary, Contractor shall dispose of the
materials at a facility specified in writing by the City or an alternative agreed upon by the City
and the Contractor.
5.3 Estimating Materials Composition as Collected
The Contractor shall conduct at least one materials composition analysis of the City's recyclable
materials each year to estimate the relative amount by weight of each recyclable commodity by
grade or offer a suitable alternative to a composition analysis. The results of this analysis shall
include: (I) 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. The Contractor shall provide the City with a copy of each
analysis.
5.4 Estimating Process Residuals
The Contractor shall provide the City a written description of the means to estimate process
residuals, as defmed in Section 3.18, derived from the City's recyclable materials. This written
description shall be reviewed and approved in writing by the City. This written description shall
be updated by the Contractor immediately after any significant changes to the processing
facilities used by the Contractor.
5.5 Performance Monitoring
The City will monitor the performance of the Contractor against goals and performance
standards required within this RFP and in the contract. Substandard performance as determined
by the City will constitute non-compliance. If action to correct such substandard performance is
not taken by the Contractor within 60 days after being notified by the City, the City may initiate
the contract termination procedures.
5.6 End Markets
Upon request of the City at any time during the contract, the Contractor shall provide end market
information.
As part of the annual report (detailed in Section 4.22. I), the Contractor must state in writing to
the City that all recyclable materials collected in Arden Hills are indeed recycled and not
disposed as garbage.
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6. PAYMENT AND DAMAGES
6.1 Compensation for SelVices
The City agrees to pay the Contractor for recycling collection services provided to the City as
described in the Contractor's proposal, and made part of an executed contract, based on the
number of household units certified by the City. By November 1st of each year the City will
review the number of certified units and notify Contractor of any changes.
Contractor shall submit itemized bills for recycling collection services provided to the City on a
monthly basis. Bills submitted shall be paid in the same manner as other claims made to the
City.
The Contractor shall submit the monthly documentation and reports as detailed in Section 4.22
with the monthly bill. Payment to the Contractor will not be released unless the required
paperwork is included in the monthly bill or submitted separately according to the deadlines as
specified in Section 4.22.
6.2 Revenue Sharing
All qualified proposals shall state explicitly if the Contractor elects to participate in revenue
sharing with the City. If the City awards the contract to a Contractor that elected to propose
revenue sharing, and if the final contract negotiated includes revenue sharing, the Contractor
shall, on a monthly basis, rebate an amount to the City based on a mutually agreed upon formula.
The primary revenue sharing scenario for purposes of this RFP consists of the following formula:
1. A per ton payment of all paper grades collected from the City based on the published index
less the proposed paper processing cost per ton. The published index used shall be the
Official Board Markets (OBM) "Yellow Sheet" (first issue of the month), Chicago region for
Old Newspapers (ONP) # 8, high-side of range. Proposers must state on the price worksheet
(Attachment C) what percent of this index will be used for the "gross revenue". In addition,
Proposers shall provide a proposed paper processing cost per ton.
2. A per ton payment of aluminum collected from the City based on the published index less the
proposed aluminum processing cost per ton. The published index used shall be the American
Metal Market (AMM), Aluminum (first issue of the month), high-side nonferrous scrap
prices: scrap metals, domestic aluminum producers, buying prices for processed used
aluminum cans in carload lots, f.o.b. shipping point, used beverage can scrap. Proposers
must state on the price worksheet (Attachment C) what percent of this index will be used for
the "gross revenue". In addition, Proposers shall provide a proposed aluminum processing
cost per ton
If a revenue sharing component is offered (i.e., greater than zero percent) for either paper or
aluminum, each month the Contractor shall provide, together with the monthly rebate to the City,
adequate documentation of the corresponding monthly estimate of tons of all paper grades and
tons of aluminum collected from the City even in the case where the City were to receive no
rebate for the month. The City understands that net revenues may equal zero at times due to
poor markets, however, the City shall not pay any costs above and beyond processing costs.
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City of Arden Hills
The Contractor shall provide copies of the referenced OBM market index and AMM market
index with each monthly statement. The Proposers shall provide a detailed explanation of how
the tonnage estimates will be calculated.
Each proposal scenario must contain a percent revenue share offer for both paper and aluminum
as described immediately above (see Attachment C). Proposers may offer from zero (0) percent
to one hundred (100) percent revenue share.
The City or the Contractor may propose other revenue sharing commodities and corresponding
proposed pricing formulae, at any time during the duration of the contract. The parties shall
enter into negotiations in good faith and any new revenue sharing agreement shall be reduced to
writing in the form of an amendment to the contract.
6.3 Liquidated Damages
The Contractor shall agree, in addition to any other remedies available to the City, that the City
may withhold payment from the Contractor in the amounts specified below as liquidated
damages for failure of the Contractor to fulfill its obligations.
The following acts or omissions shall be considered a breach of the contract:
a) Failure to respond to legitimate service complaints within 24 hours in a reasonable and
professioml manner - $50 per incident.
b) Failure to collect properly notified missed collections (as per Section 4.13 of this RFP)-
$250 per incident.
c) Failure to provide monthly and annual reports (as per Section 4.22 of this RFP) - $100
per incident.
d) Failure to complete the collections within the specified timeframes (as per Sections 4.11
and 4.14 of this RFP) - $100 per incident.
e) Failure to clean up from spills during collection operations (as per Section 4.12 of this
RFP) - $250 per incident plus any costs incurred by the City.
f) Failure to report on changes in location of recyclable materials processing operations (as
per Section 5. I of this RFP) - $250 per incident.
g) Exceeding the maximum process reject rate (as per Section 5.1 of this RFP) - $1,000 per
exceedence (defined as a percentage of total weight).
h) Failure to receive City written approval of changes to the "dual-stream" collection and
processing systems prior to implementing any such change (as per Section 9.6 of this
RFP) - $5,000.
i) Failure to conduct annual composition analysis or agreed upon alternative (as specified in
Section 5.3 of this RFP) - $100 per incident.
j) Failure to provide written description of the means to estimate relative amount of process
residuals derived from the City's recyclable materials (as per Section 5.4 of this RFP)-
$100 per incident.
The Contractor shall be liable for liquidated damages amount(s) upon determination of the City
of Arden Hills that performance has occurred that is not consistent with the provisions of the
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contract. The City shall notify Contractor in writing or electronically of each act or omission
discovered by the City. It shall be the duty of the Contractor to take whatever steps or action
may be necessary to remedy the cause of the complaint.
The City may deduct the full amount of any damages from any payment due to the Contractor.
The remedy available to the City under this paragraph shall be in addition to all other remedies
which the City may have under law or at equity.
Exceptions: For the purposes of this RFP and subsequent contract, the Contractor shall not be
deemed to be liable for penalties where its inability to perform recycling collection service is the
result of conditions beyond the control of the Contractor, including but not limited to civil
disorder, acts of God, inclement weather severe enough that trucks cannot safely take collections,
provided however, that the Contractor shall obtain the approval for the delay from the City's
Recycling Coordinator or their designee prior to 4:00 p.m. of tre scheduled collection day.
7. INSURANCE AND OTHER LEGAL REQUIREMENTS
7.1 Insurance
Insurance secured by the Contractor shall be issued by insurance companies acceptable to the
City and admitted in Minnesota. The insurance specified may be in a policy or policies of
insurance, primary or excess. Such insurance shall be in force on the date of execution of the
contract and shall remain continuously in force for the duration of the contract.
The Contractor must obtain the following insurance coverage with these minimum levels of
coverage:
Worker's Compensation Insurance:
Contractor's Public Liability Insurance:
Statutory
$500,000 each/person
$1,000,000 each/occurrence
$500,000 each/person
$1,000,000 each/occurrence
$1,000,000 aggregate
Property Damage:
Automotive Irnurance:
7.2 Worker's Compensation
The Contractor shall provide evidence of Workers Compensation insurance covering all
employees of the Contractor and subcontractors engaged in the performance of the contract, in
accordance with tre Minnesota Workers Compensation Law.
7.3 Employee Working Conditions and Respondent's Safety Proeedures
The Contractor will ensure adequate working conditions and safety procedures are in place to
comply with all applicable federal, state and local laws and regulations. The City reserves the
right to inspect on a random basis all trucks, equipment, facilities, working conditions, training
manuals, records of claims for Worker's Compensation or safety violations and standard
operating procedures documents.
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City of Arden Hills
7.4 Equal Opportunity
During the performance of the executed contract, the Contractor, in compliance with Executive
Order 11246, as amended by Executive Order 11375 and Department of Labor Regulations
4 I CFR, Part 60, shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor shall take affirmative
action to insure that applicants for employment are qualified, and that employees are treated
during employment, without regard to their race, color, religion, sex, or national origin.
Such prohibition against discrimination shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of payor other forms of compensation and selection for training, including
apprenticeship.
In the event of noncompliance with the non-discrimination clauses of this contract, this contract
may be canceled, terminated, or suspended, in whole or part, in addition to other remedies as
provided by law.
7.5 Complianee with Laws & Regulations
In providing services hereunder and in the executed contract, the Contractor shall abide by all
statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided
hereunder. Any violation shall constitute a material breach of the executed contract.
7.6 Governing Law
The laws of the State of Minnesota shall govern all interpretations of this contract, and the
appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those
courts located within the County of Ramsey, State of Minnesota, regardless of the place of
business, residence or incorporation of the Contractor.
7.7 Waiver
Any waiver by either party of a breach of any provisions of the executed contract shall not affect,
in any respect, the validity of the remainder of the executed contract.
7.8 Termination
The City may cancel the contract if the Contractor fails to fulfill its obligations under the contract
in a proper and timely manner, or otherwise violates the terms of the contract if the default has
not been cured after 90 days written notice has been provided. The City shall pay Contractor all
compensation earned prior to the date of termination minus any damages and costs incurred by
the City as a result of the breach. If the contract is canceled or terminated, all finished or
unfinished documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by the Contractor under this agreement shall, at the option of the City,
become the property of the City, and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents or materials prior to the
termination.
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RFP for Residential Recycling Services
7.9 Severability
The provisions of the executed contract are severable. If any portion hereof and in the executed
contract is, for any reason, held by a court of competent jurisdiction, to be contrary to law, such
decision shall not affect the remaining provisions of the same contract.
7.10 Accounting Standards
The Contractor agrees to maintain the necessary source documentation and enforce sufficient
internal controls as dictated by generally accepted accounting practices to properly account for
expenses incurred under this contract.
7.11 Retention of Reeords
The Contractor shall retain all records pertinent to expenditures incurred under this contract for a
period of three years after the resolution of all audit findings. Records for non-expendable
property acquired with funds under this contract shall be retained for three years after final
disposition of such property.
7.12 Data Practices
The Contractor agrees to comply with the Minnesota Government Data Practices Act and all
other applicable state and federal laws relating to data privacy or confidentiality. The Contractor
must immediately report to the City any requests from third parties for information relating to the
contract The City agrees to promptly respond to inquiries from the Contractor concerning data
requests. The Contractor agrees to hold the City, its officers, and employees harmless from any
claims resulting from the Contractor's unlawful disclosure or use of data protected under state
and federal laws. Only the company names of Contractors submitting proposals will be made
public. All proposal documents shall be held as confidential until the City Council awards a new
contract and authorizes staff to execute the new contract.
7.13 Inspection of Records and Disclosure
All Contractor records with respect to any matters covered by this agreement shall be made
available to the City or its duly authorized agents at any time during normal business hours, as
often as the City deems necessary to audit, examine and make excerpts or transcripts 0 all
relevant data.
Any reports, information, data, etc. given to, prepared, or assembled by the Contractor under a
future contract shall not be made available by the Contractor to any other person or party without
the City's prior written approval. All finished or unfinished documents, data, studies, surveys,
drawings, maps, photographs, and reports prepared by the Contractor shall become the property
ofthe City upon termination of the City's contract with the Contractor.
7.14 Independent Contraetor
Nothing contained in this agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
Contractor shall at all times remain an independent Contractor with respect to the services to be
performed under this contract. Any and all employees of Contractor or other persons engaged in
the performance of any work or services required by Contractor under this contract shall be
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City of Arden Hills
considered employees or sub-contractors of the Contractor only and not of the City; and any and
all claims that might arise, including Worker's Compensation claims under the Worker's
Compensation Act of the State of Minnesota or any other state, on behalf of said employees or
other persons while so engaged in any of the work or services provided to be rendered herein,
shall be the sole obligation and responsibility of Contractor.
7.15 Transfer ofInterest
The Contractor shall not assign any interest in the contract, and shall not transfer any interest in
the contract either by assignment or novation, without the prior written approval of the City. The
Contractor shall not subcontract any services under this contract without prior written approval
of the City. Failure to obtain such written approval by the City prior to any such assignment or
subcontract shall be grounds for immediate contract termination.
7.16 Non-Assignability and Bankruptcy
The parties hereby agree that Contractor shall have no right to assign or transfer its rights and
obligations under said agreement without written approval from the City. In the event the
Contractor, its successors or assigns files for Bankruptcy as provided by federal law, this
agreement shall be immediately deemed null and void relieving all parties of their contract rights
and obligations.
7.17 Indemnification
The Contractor agrees to defend, indemnify and hold harmless the City, its officers and
employees, from any liabilities, claims, damages, costs, judgments, and expenses, including
attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its
employees, its agents, or employees of subcontractors, in the performance of the services
provided by this contract or by reason of the failure of 1he Contractor to fully perform, in any
respect, any of its obligations under this contract. If a Contractor is a self- insured agency of the
State of Minnesota, the terms and conditions of Minnesota Statute 3.732 et seq. shall apply with
respect to liability bonding, insurance and liability limits. The provisions of Minnesota Statutes
Chapter 466 shall apply to other political subdivisions of the State of Minnesota.
7.18 Performance & Payment Bond
Contractor shall execute and deliver to the City a Performance and Payment Bond with the
corporate surety in the sum of $25,000 or equal ("equal" may include a Letter of Credit from a
banking institute approved by the City Attorney). The contract shall not become effective until
such a bond, in a form acceptable to the City, has been delivered to the City and approved by the
City Attorney.
The executed contract shall be subject to termination by the City at any time if said bond shall be
cancelled or the surety thereon relieved from liability for any reason. The term of such
performance bond shall be for the life of the executed contract. Extensions or renewals shall
require the execution and delivery of a performance bond in the above amount to cover the
period of extension or renewal.
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RFP for Residential Recycling Services
7.19 Conflict ofInterest
Contractor agrees that 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 and the Contractor will forfeit any payments to be
made under the executed contract.
7.20 Entire Contract
The executed contract supersedes all verbal agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently in effect
between the parties relating to the subject matter hereof. Any alterations, amendments,
deletions, or waivers of the provisions of the executed contract shall be valid only when
expressed in writing and duly signed by the parties, unless otherwise provided herein.
7.21 Contract Conditions
The City reserves the right to waive minor irregularities in the proposal documents and to reject
any or all proposals. The City reserves the right to enter into a contract with a Proposer who
does not submit the lowest cost proposal.
The Contractor shall be required to execute the City's contract and to fulfill the requirements
contained within it. The Bond and Certificate of Insurance shall be provided when the contract is
executed.
No proposal can be withdrawn before 60 days after the date for submission of proposals.
The Contractor shall review and return signed copies of the contract within 30 days of receipt of
the contract.
8. TERM OF CONTRACT
The term of the new recycling contract will be a period of three (3) years from March I, 2008
through February 28, 201 I. The City may negotiate contract provisions for up to two, one-year
extensions for years 2012 and 2013, at the City's sole discretion.
9. SUBMITTING PROPOSALS
9.1 Notification ofIntent
Prospective Contractors interested in responding to this RFP shall notify the City in writing (e-
mail acceptable) of their interest. Notifications of intent should be sent to:
Mr. James Lehnhoff
City Recycling Coordinator
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
Pax: (651) 634-5137
E-mail: iames.lehnhotI(aJ.ci.arden-hills.mn.us
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City of Arden Hills
Notifications shall include name, title, address, phone number, and e-mail address. Notification
ofintent mnst be made by October 17, 2007.
9.2 Requests for Clarification
Questions, requests for clarification or requests for information about this RFP or process must
be submitted in writing to the City by 4:00 p.m. Central Time, October fJ, 2007. All
questions and requests for more information and the City's responses will be summarized in
writing and forwarded to all other qualified Proposers prior to October 24, 2007. Any other
unauthorized contact with other City staff, City Council members, or Commission members will
subject the company to disqualification from further consideration. This restriction will be in
effect from the date this RFP is fmalized and authorized for release by the City Council through
the date of final contract award (including authorization for execution) by the City Council.
9.3 ContractolS May Team with Other Companies
It is recognized that some prospective haulers 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 Contractors 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.
9.4 How to Submit Proposals
Proposal shall be submitted to City Hall no later than 4:00 p.m. Central Time, November 14,
2007, to be considered eligible. Proposals shall be submitted in a sealed envelope with the name
of the proposing company on the outside and addressed as follows:
Enclosed: Recycling Collection Service Proposal
c/o James Lehnhoff
City Recycling Coordinator
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
Proposals will be treated in accordance with Mn. Statutes 13.591, Subdivision 3 (b), Data
Practices Act.
Proposers must include five (5) bound printed copies, one (I) unbound printed copy, and one
electronic copy of the proposal on a Compact Disk (CD) inside the sealed envelope. The
proposal file must be formatted in Microsoft Word or a suitably compatible alternative. Only the
company names of Contractors submitting proposals will be made public. All proposal
documents shall be held as confidential until the City Council awards a new contract and
authorizes staff to execute the new contract.
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RFP for Residential Recycling Services
9.5 Proposal Content
Qualified proposals must include at least the following elements:
. Statement of Contractor qualifications, including at least three references (contact names
and phone numbers) of other municipal clients in the Twin Cities (Minneapolis/St. Paul)
metropolitan region receiving similar services.
. List of Principal Officers' names, addresses and contact numbers (telephone, e-mail, fax).
. List of materials proposed to be collected (if different from Section 3.22) and a discussion
and rationale for any proposed changes to the City's standard list of recyclable materials.
. Completed price worksheets (see Attachment C).
. Statement as to any litigation in the past five years within the State of Minnesota and the
current status of that litigation.
. Copy of an education tag as described in Section 4.9.
. Copy of monthly report forms as described in Section 4.22.
. Description of operations at materials processing facility where recyclable materials will be
taken including location, hours of operation and capacity.
9.6 Curbside Dual-Stream Every Week Collection Proposal Scenario
The City's current dual-stream collection and processing systems comprise the base proposal
scenario for purposes of this RFP. If prospective Contractors propose under the dual-stream
scenario, they should assume materials would be both collected and processed in a dual-stream
mode. Under this dual-stream scenario, residents will be instructed to separate recyclable
materials into two groups of materials: (I) all paper fiber products including: old newspaper
(ONP), old magazines (OMG) including catalogs, old corrugated containers (OCC), mixed mail,
old boxboard (OBB), phone books, pop and beer carriers/cartons; and (2) all rigid containers
including: glass food and beverage containers, plastic bottles with a neck, steel and tin cans,
aluminum foil and aluminum cans. Under this dual-stream scenario, processing shall also be by
the categories as collected: paper separated from containers. It is not acceptable to propose to
collect materials in a dual-stream mode and then process them in a single-stream mode.
If the City awards a new dual-stream service contract under this scenario, the new Contractor
shall not make any changes to either of these dual-stream collection or processing systems
without written approval of the City. Other design and operating details of the current collection,
processing and public education systems are assumed within this dual-stream scenario.
Contractors may propose variations to this scenario.
9.7 Single-Stream Proposal Scenario
Prospective Contractors may propose a new single-stream collection (weekly and/or every other
week) and processing system as an alternate to the City's current dual-stream system. Proposers
should propose under this single-stream scenario to collect and process the residential curbside
material within the form of a single-stream system whereby residents will be instructed to
commingle all groups of recyclable materials. If prospective Contractors propose under this
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City of Arden Hills
single-stream proposal scenario, they must provide an explicit description of the following
collection design details:
. Cart size and other specifications if different from Section 4.6.2.
. The portion of the monthly cost charged to the City for rental of carts.
. Desired residents' material preparation and setout instructions (e.g., if corrugated cardboard
is to be placed in the single-stream cart, location of carts, etc.).
. Any other collection system design and operational elements the City will need to fully
understand the single-stream proposal.
9.8 Priee Worksheet
Prospective Contractors must complete a price worksheet as part of each proposal they submit
(see Attachment C for worksheet). In addition, Proposers may complete an additional alternate
price worksheet if their proposed system does not fit into one of the other scenarios.
9.9 Proposals May Be Rejeeted in Whole or Part
The City reserves the right to reject any or all proposals or parts of proposals, to negotiate
modifications of proposals submitted, to accept part or all of the proposals on the basis of
consideration(s) other than proceeds or cost, and to negotiate specific work elements with a
respondent into a project of lesser or greater expense and reimbursement than described in this
RFP or the respondent's reply.
9.10 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 Contractor shall become part of the
contractual obligations and be incorporated by reference into the ensuing contract. If any
provision of the contract is in conflict with the referenced RFP or proposal, the contract shall
take precedent.
10. CONTRACTOR SELECTION PROCESS
10.1 Contractor Selection Process
To the best of its ability, the City will use the following process for its decision-making:
. City staff will review and analyze the details of the qualified submitted proposals ~ee
Section 10.2, "Evaluation Criteria"). The City reserves the right to ask Proposers for
additional information/clarification to better understand the proposals. City staff will
recommend the top two (2) Proposers, in rank order of priority, to the City Council.
. City staff will negotiate with the top ranked Proposer. If negotiations with top-ranked
Proposer are not successful, the City may then initiate negotiations with the second ranked
Proposer, and so on.
. Once a draft contract has been successfully negotiated, City staff will present its
recommendations to the City Council. The City Council may then award the contract and
authorize staff to execute it.
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RFP for Residential Recycling Services
. The new recycling contract will commence on March 1,2008.
10.2 Evaluation Criteria
The City will objectively evaluate the proposals submitted to determine the best value for the
City and its residents. A comprehensive set of criteria will be used to quantify the merits of each
proposal package, including (but not limited to):
. Strength of qualifications of the Contractor (together with any proposed subcontractor, if
any), especially related to the particular needs of the City of Arden Hills. Qualifications will
include (but not be limited to) the proven capacities of the Contractor (and any
subcontractor) to meet the operational requirements ofthe City.
. Comments from the Contractor's reference clients.
. Innovations proposed to increase participation and recyclable material quantities collected.
. Innovations proposed to improve public education about recycling to all City residents.
. Relative amount of revenue sharing to the City.
. The price of the recycling services.
. Responsiveness of the Contractor to all other provisions of this RFP.
These evaluation criteria are not presented in any special order. No ranking of these criteria
within this RFP is intended or implied.
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