HomeMy WebLinkAboutSP July 15, 1987
o
o
"
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100
SPECIAL CITY COUNCIL MEETING - JULY 15, 1987 - AGENDA
7:30 P.M. 1. Call to order
2. Appoint Councilmember
3. Comprehensive Plan Amendment Resolution
4. Change Order/87-8 / 87-25 Kensington Estates Phase II
5. Change order 87-3B Crosstown Boulevard
6. Kensington Estates Phase I - Release of grading escrow
7. Kensington Estates Drainage/Agreement with Ken Slyzuk
8. Ajournment
o
c
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
July l5,1987
DATE
,Tn I v 1
AGENDA SECTION
NO.
2
ORIGINATING DEPARTMENT
Administration
ITEM
NO. Appoint Councilmember
BY: Vicki Volk
APPROVED ~
AGENOA0~
BY: ()'
~
Following are the names of those persons who have applied
for the vacancy on the City Council:
Roger K. Schurke
Maynard Apel
Todd W. Smith
Marc McMullen
Karen Peterson
Frank G. Padula
William F. LeFebvre
Don Jacobson
Steven M. St. Hilaire
Attached are the applications from the above people.
The Council scheduled a special meeting for July 15th to select
the new Councilmember. Does the Council wish to interview all
of the applicants on that night, prior to that night, or not
interview at all?
To fill a vacancy, the Council shall pass a resolution naming the
appointee and the office to which he is being appointed. This must
be done by a majority of the Council. If the vote results in a
tie, the mayor may make the appointment without council approval.
In so doing, any eligible person may be selected for the position;
the mayor's choice is not restricted to those persons whose
appointment was considered by the council. Such an appointment
should be made in writing and filed by the mayor with the City
Clerk. (Taken from the League of Minnesota Citi~~'handbook.)
See packet from July 7, 1987
COUNCIL ACTION
~TION BY
TO
SECOND BY
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
July 15, 1987
DATE
AGENDA SECTION
NO. 3
ORIGINATING DEPARTMENT
Engineering
ITEM Comprehensive Plan
NO. Amendment Resolution
BY: James E.. Schrantz
BY:
The City Council is requested to approve the attached resolution
amending Andover's Comprehensive Plan Amendment to exclude the
90:t acres east of the railroad with the 3 year monitor'clause
included.
COUNCIL ACTION
SECOND BY
MOTION BY
. TO
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
ANDOVER AMENDMENT TO THE COMPREHENSIVE PLAN
(MUNICIPAL URBAN SERVICE AREA)
WHEREAS, the City of Andover has made application for
Amendment to the Comprehensive Plan, and
WHEREAS, the Metro Council will approve the Amendment as
attached (including the 90 acres west of Burlington Northern
Railroad and excluding the 90 acres east of the railroad labeled
"A" Metro Council July 1, 1987 Development Committee memo), and
WHEREAS, the Metro Council has included at 3 year monitor
and review statement, and
NOW, THERFORE, BE IT RESOLVED by the Andover City,.Counci;L~c;
that the attached revised Amendment map dated July 15, 1987 attached
be submitted to the Metro Council, and
BE IT FURTHER RESOLVED that the City Council accepts the
following statement the Metro Council included in their approval
of Andover's Comprehensive Plan Amendment "The Metro Council will
monitor the City's growth in the next three years and will consider
further additions to the City's Urban Area during that period if
\varranted. "
PASSED by the City Council of the City of Andover this 15th day
of July , 19 87
CITY OF ANDOVER
Jerry Windschitl - Mayor
ATTEST:
Victoria Volk - City Clerk
o
o
DATE July 15, 1987
ORIGINATING DEPARTMENT
Engineering
CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
AGENDA SECTION
NO. 4
ITEM Kensington Estates Phase
NO. II - Order Improvements
and re. of 1
for project 87-25
BY: James E. Schrantz
The City Council is requested to approve resolution (1) declaring
the adequacy of petition and ordering a feasibility report, (2)
receiving the feasibility report, waiving the public hearing,
ordering the improvements and preparation of plans and specs,(3)
approve the plans and specs and a change order to project 87-8
for construction of project 87-25.
COUNCIL ACTION
SECOND BY
MOTION BY
o TO
o
o
G
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARA-
TION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN,
SANITARY SEWER, STORM DRAINAGE, STREET WITH CONCRETE CURB AND
GUTTER, PROJECT NO. 87-25 IN KENSINGTON ESTATES PHASE II.
WHEREAS, the City Council has received a petition, dated
July 10, 1987, requesting the construction of improvements,
specifically Watermain, Sanitary Sewer, Storm Drainage, and
Street with Concrete Curbs and Gutters in the following described
area; Kensington Estates Phase II; and
WHEREAS, such petition has been validated to represent the
signatures of 100% of the affected property owners requesting
such improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover that;
1. The petition is hereby declared to be signed by 100%
of the owners of property affected, thereby making
the petition unanimous.
2. The proposed improvement is hereby referred to TKDA, and
they are instructed to provide the City Council with a
feasibility report.
MOTION seconded by Councilman
and adopted by the
City Council at a Special
Meeting this 15th
day of
July
1987, with Councilmen
voting in favor of the resolution, and Councilmen
voting against, whereupon said resolution was declared
passed.
CITY OF ANDOVER
ATTEST:
Ken Orttel - Acting Mayor
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING,
ORDERING IMPROVEMENTS AND DIRECTING PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN,
OF KENSINGTON ESTATES PHASE II PROJECT 87-25.
WHEREAS, the City Council did on the 15th of July, 1987,
order the preparation of a feasibility study for the improve-
ments in Kensington Estates; and
WHEREAS, such feasibility study was prepared by TKDA and
presented to the Council on the 15th day of July, 1987; and
WHEREAS, the property owners have waived the right to a
public hearing; and
WHEREAS, the City Council has reviewed the feasibility study
and declares the improvement feasible, for an estimated cost
of $79,345.00.
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover to hereby receive the feasibility report with
an estimated total cost of improvement of sanitary sewer,
watermain, storm drain and streets with concrete curb and gutter
for Kensington Estates Phase II under IP No. 87-25.
BE IT FURTHER RESOLVED by the City Council to hereby direct
the firm of TKDA to prepare the plans and specifications for such
improvement project.
BE IT STILL FURTHER RESOLVED by the City Council to hereby
require the developer to escrow the sum of $3,150.00 with such
payment to be made pri6r to commencement of work on the plans and
specification by TKDA.
MOTION seconded by Coucilman
and adopted by the
City Council at a Special
Meeting this 15th
day of July ,
1987, with Councilmen
voting in favor of the resolution and Councilmen
voting against, whereupon said resolutionwas declared passed.
CITY OF ANDOVER
~ ATTEST:
Ken Orttel - Acting Mayor
Victoria Volk - City Clerk
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING
AWARD FOR BIDS FOR PROJECT 87-25, FOR WATERMAIN, SANITARY SEWER,
AND STREETS WITH CONCRETE CURB AND GUTTER BY CHANGE ORDER TO PROJECT
87-8.
WHEREAS, pursuant to Resolution No.
, adopted by the City
Council on the
day of
, 19
,
has prepared final plans and specifications for Watermain, Sanitary
Sewer, and Street with Concrete Curb and Gutters; and
WHEREAS, such final plans and specifications were presneted to
the City Council for their review on the
day of
, 19
WHEREAS, a change order to project 87-8 has been prepared.
NOW, THEREFORE, BE IT RESOLVED by City Council of the City of
Andover to hereby approve the Final Plans and Specifications for
Project No.
for Watermain, Sanitary Sewer, and Streets with
Concrete Curb and gutter.
MOTION seconded by Councilman
and adopted by the
City Council at a
Meeting this
day of
19
, with Councilmen
voting in favor of the resolution and Councilmen
voting against same whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Ken Orttel - Acting Mayor
Victoria Volk - City Clerk
o
July 10, 1987
Mr. James Schrantz
City Administrator
Ci ty of Andover
Dear Mr. Schrantz,
We wish to petition for sewer, water, street, storm sewer
and curb and gutter for the remainder of Raven Street in
Kensington Estates. This petition is unanimous and we
wish to waive the public hearing. We request that these
improvements be done by change order to the existing
project presently being constructed in Kensington Estates.
o
Sincerely,
-2~ ;1, f>>_'~~
Geral G. Wlndschl 1
~,a, ~llr#~/~
Carol A. Win sc ltl
o
o
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
DATE Julv 15. ]987
AGENDA SECTION
NO. 5
ITEM CCO 87-3B Crosstown
NO. Boulevard
ORIGINATING DEPARTMENT
APPROVED FOR
AGEO~
By;1
Engineering
BY: James E. Schrantz
The City Council is requested to approve a change order on project
87-3B Crosstown Boulevard.
,I II
The change order will provide for the Contractor Double Boxing the
trench and using two backhoes to construct the part of Crosstown
Boulevard from 140th Avenue to the Kensington Estates plat.
It has been difficult to get easements in this area.
Also this will mean we can construct the project in existing R/W
causing less damage to the existing area as far as trees and lawns.
A change order in the amount of $
is being prepared.
COUNCIL ACTION
SECOND BY
MOTION BY
o TO
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
AGENDA SECTION
NO,
DATE July 15, 1987
ORIGINATING DEPARTMENT
6
Engineering
ITEM
NO.
Kensington Estates
Phase I
BY: James E. Schrantz
The City Council is requested to approve the releasing of the
grading escrow in its amount of $4,000.DO for Phase I of
Kensington Estates
The work is completed.
Any work that may not have been completed to grade will be removed
by the City's Contractor.
Note: The streets are rough at this time so it is hard to be
100% sure.
o
COUNCIL ACTION
MOTION BY
TO
SECOND BY
o
.
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
July 15, 1987
DATE
ORIGINATING DEPARTMENT
Engineering
ITEM Kensington Estates
NO. Drainage/Agreement with
BY: James E. Schrantz
FOR
AGENDA SECTION
NO. 7
The City Council is requested to approve agreement similar to the
atatched agreement for the storm drainage that leaves Kensington
Estates and flows to the private ditches owned by Kenneth L. Slyzuk.
COUNCIL ACTION
SECOND BY
MOTION BY
o TO
o
SUPPLEMENTAL AGREEMENT
This agreement is made to complement the easement grant
executed by Kenneth L. Slyzuk and Mary A. Slyzuk, husband and wife,
and the City of Andover, a municipal corporation, dated March 24, 1978
The City of Andover agrees that it will be responsible
for maintaining the storm water drainage ditch which is a part of
the easement grant to the same condition that it was at the time
of the execution of said grant. That said maintenance shall include
the removal of fallen trees and brush which shall lie across or in
said ditch.
The City Engineer shall determine the initial elevation
profile of the drainage ditch. The ditch shall be cleaned and the
sediment removed at such time as the ditch elevation profile exceeds
c:> the initial profile by one foot in elevation. The City Engineer
shall periodically inspect and survey the ditch to determine when
the ditch requires cleaning in accordance with the above standards.
The City Engineer will consult with the grantors prior to performing
said inspection.
The grantors agree ..that the control of the culvert control
gate which is located under 14lst Avenue shall be their responsibility,
and furthermore, they agree to ,assume all responsibility and liability
for any damage caused on their property as a result of their con-
trolling said flow. The grantors further agree that the removal
of all spoil resulting fro~ the ditch cleaning operations shall
be their responsibility.
)/ . r "
. '\ {J./Y1/)-t.k.,.,t':fL~, ~C'-/ ?...uL.
Kenneth L. Slyzuk / /
cm(J~ C1. ~~h.b
Mary . Slyzuk
o
CITY OF ANDOVER
BY:~ l.'.RJOMal). IJL
ayor
~.
. ....1-
, .
DATE:
July 15, 1987
o
ITEMS GIVEN TO THE CITY COUNCIL
Soi1d Waste Designation
o
o
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT
AGENDA.
THANK YOU.
CO U N TY
OF
ANOKA
Office of the County Board of Commissioners
COURTHOUSE ANOKA, MINNESOTA 55303 612-421-4760
TO:
R ~u~ ;}!;lln
ANOKA COUNTY SOLID WASTE HAULERS M D F~ CILITIES
ANOKA COUNTY COMMUNITIES ,-
June 29, 1987
SUBJECT:
SOLID WASTE DESIGNATION
CITY OF "NOOVER
70 cc--
7j;q~7
Construction of the Elk River Resource Recovery Facility has begun. This facility will
process solid waste generated in Anoka County and four other counties. The plant,
located in Elk River, is expected to commence commercial operation in the spring of
1989. Anoka County is also studying the need for a transfer station in the City of Blaine.
o
Upon commencement of plant operation, Anoka County must ensure that an adequate
supply of solid waste will be delivered to the plant. Anoka County is interested in
entering into contracts for the delivery of waste to the facility, a back-up facility and/or
the proposed transfer station, if constructed. Anoka County is considering the need to
enact a "waste designation" ordinance which will require the delivery of waste to one or
more of these facilities.
As a part of this process, Anoka County has held a public hearing (June 23) and an
informational meeting (June 24) to discuss this matter. The pUblic hearing started the 90
day contract negotiation period (June 24 - September 23, 1987). We are most interested
in meeting with each hauler and community to discuss contracting for solid waste
deliveries. We believe that even if you should elect not to contract with us, these
discussions will be most helpful to us in the waste designation process.
In order to maximize benefits of these discussions, we should meet as soon as possible. I
have enclosed a schedule for the next several weeks which indicates the times that our
negotiating team will be available. The available times are shown as the unshaded areas.
Please call me as soon as possible to schedule a session for you. I have also enclosed a
copy of the draft contract which was made available at the June 24th informational
meeting. This is a first draft to start discussions.
We hope that you will meet with us as soon as possible to discuss contracting for waste
delivery and/or designation issues that concern you. If you have any questions, or if you
would like to set up an appointment, please call me at 421-4760, ext. 1702. .
o
S7j
El Tinklenberg
Administrative Specialist
Affirmative Action / Equal Opportunity Employer
q$ll:-l
,"''''1
~ ~
''/ ;,
~ ;;.
f..
i~
It
1>:
~
I , ~
,
" ~
1 ~,....
.~~ .,-'~
'.,
o
o
01
o
-'.
~~-~
o
HAULER NEGOTIATION SCHEDULE
THURS
9:00-11:0
1 :00-3:00
3:00-5:00
TUES
6/30
WED
1/1
THURS
7/2
9:00-11 :0
1:00-3:00
TUES
7/7
WED
1/8
THURS
7/9
TUES
WED
THURS
'.
1
1
~
"t
'.
,
v.
f-'
j-"
,~
r
JJt"
,'[
1:00-3:00
3:00-5:00
TUES
7/21
rlOrl
7/20
WED
7/22
THURS
1/23
1 :00-300
3:00-5:00
FRI
FRI
7/3
1
j
FRI
,
o
o
o
DRAFT
:tl-I
(Hauler Name)
DRAFT - 6/24/87
WASTE DELIVERY CONTRACT
This Waste Delivery Contract (the Contract) is made by and between the County of
Anoka (the County), 32S East Main Street, Anoka, Minnesota, a political subdivision under
the Laws of Minnesota and
(the Hauler), a
WHEREAS, the County has entered into a Design and Construction Agreement and a
Service Agreement with Northern States Power Company (NSP) for the design, construction,
ownership and operation of a Resource Recovery Facility (the Facility) by NSP, to be
located in Elk River, Minnesota; and
WHEREAS, the County is studying the need to enter into an agreement for the
construction and/or operation of a transfer station to be located in Blaine, Minnesota; and
WHEREAS, the County is contractually obligated under the Service Agreement with
NSP to deliver a guaranteed amount of solid waste to the Facility; and
WHEREAS, the County has the authority to enter into a delivery contract with the
Hauler in order to assure a supply of solid waste to the Facility pursuant to Minn. Stat.
9 IISA.8S, subd. 3, and ~ 473.813; and
WHEREAS, the Hauler desires to enter into a contract with the County to deliver
waste to the Facility; and
NOW, Tt-EREFORE, in consideration of the promises and mutual agreements
hereinafter set forth, the parties hereto agree as follows:
ARTICLE I.
TERM
This Contract shall commence from execution hereof and shall continue for ten (10)
years from the date of the start of delivery established pursuant to Article VU(A).
,
This Contract may be terminated by the County by written notice to the Hauler in the
event the Design and Construction Agreement or the Service Agreement between the
County and NSP is terminated.
o
ARTICLE II. DEFINITIONS
A. Acceptable Waste is defined as garbage, refuse, and other municipal solid waste
from residential, commercial, industrial and community activities, but does not include
Unacceptable Waste.
B. Dumping Fee is defined as the fee established by the County and paid by the
Haulers to dump waste at the Facility or other disposal facility, transfer station or
processing facility specified by the County.
C. Hazardous Waste is waste defined as hazardous waste by State or Federal law,
rules and regulations from time to time, including but not limited to 42 U.S.C. 9 6903(5), and
regulations interpreting such act, or in Minnesota Statutes 9 116.06, subd. 13, and 0
regulations interpreting such statute, but excluding waste excluded from regulation by
Minnesota Rules 7045.0 120A, as any of the foregoing may be amended from time to time.
D. Unacceptable Waste is defined as waste delivered in quantities which would
likely pose a threat to health or safety, or to the environment which may cause damage to,
or materially adversely affect, the operation of the facility, including, but not limited to:
incinerator ash; foundry sand; explosives; hospital, pathological and biological waste;
Hazardous Waste, chemicals and radioactive materials; oil sludges; asbestos in identifiable
quantities; cesspool or other human waste; sewage and other highly diluted, water-carried
materials or substances and those in gaseous forms; human or animal remains; street
sweepings; ash; mining waste; sludges; demolition debris; hazardous refuse of any kind, such
as cleaning fluids, crank case oils, cutting oils, paints, acids, caustics, poisons, drugs or
other materials that may be specified from time to time by the County.
o
- 2 -
t
o
o
o
ARTICLE III. REPRESENTATIONS
A. HAULER REPRESENT A TIONS
I. The Hauler is a (corporation, partnership or sole proprietorship), duly
organized, validly existing and properly qualified to do business under the
Laws of Minnesota.
2. The Hauler has full power and authority to execute the Contract and such
execution constitutes a binding legal obligation of the Hauler that is fully
enforceable in accordance with its terms and conditions.
3. The execution of the Contract does not conflict with any other agreement,
indenture or any other instrument to which the Hauler is a party.
COUNTY REPRESENT A TIONS
I. The County is a political subdivision of the State of Minnesota.
2. The execution of this Contract by the Chairman of the Board of County
Commissioners has been duly authorized and approved by the Board of
County Commissioners, and no other authorizations, approvals, or consents
are required in order for this Contract to constitute a binding and enforce-
able legal obligation of the County, except for the consent of the Metro-
politan Council to the extent provided by law.
3. The execution of the Contract does not conflict with any other agreement,
indenture or any other instrument to which the County is 0 party.
B.
ARTICLE IV. COMPLIANCE WITH REGULATORY REQUIREMENTS
A. The Hauler shall at all times operate its business of collecting, transporting
and disposing of waste in compliance with all local, state, and federal laws, rules,
regulations and ordinances.
- 3 -
B. The Hauler shall obtain and maintain all necessary licenses, permits, or
other authorizations required by each municipality or township within the County in which it
operates, the County, the Minnesota Pollution Control Agency (MPCA) and any other
governmental agency having jurisdiction over its activities.
ARTICLE V. OPERATIONS
,A. DELIVERY OF ACCEPTABLE WASTE
I. Except as otherwise provided in this Contract, the Hauler agrees to deliver
all Acceptable Waste it collects in the County to the Facility. The Hauler
further agrees that it will not deliver Acceptable Waste generated in
Anoka County to a landfill or other facility unless directed by the County
to do so.
The Hauler agrees not to deliver Unacceptable Waste to the Facility.
The Hauler agrees that it will not mix waste generated outside the County
with waste generated in the County and delivered to the Facility.
The Hauler agrees that it will not deliver waste generated outside of the
County and claim that it was generated in the County.
The Hauler agrees that it will not mix Acceptable Waste from the County
with Unacceptable Waste.
2.
3.
4.
5.
6. The Hauler agrees to cooperate in any permitting or approval process
required by the MPCA regarding the delivery of industrial waste, as
defined in Minn. Stat. 9 IlsA.03, to the Facility.
7. The Hauler is not obligated by this Contract to deliver to the Facility
waste separated for recycling or composting in a recycling or composting
program acceptable to the County.
- 4 -
~
o
o
o
t
o
o
o
B.
REJECTION OF DELIVERIES AND RESPONSIBILITIES FOR
HAZARDOUS/UNACCEPTABLE WASTE
A delivery of waste may be rejected at the Facility, or such other processing
facility, transfer station, or disposal facility specified by the County, under one or more of
the following circumstances:.
I. The Hauler may be denied entrance if waste is delivered at hours other
than those specified herein.
2. The Hauler may be denied entrance if it has not paid the Dumping Fees.
3. The Hauler may be denied entrance if there is a reasonable basis to believe
that a vehicle contains Hazardous Waste or a significant amount of other
Unacceptable Waste. At the Hauler's expense, NSP or other facility
operator may require the Hauler to recover and dispose of waste deposited
upon the tipping floor which contains Hazardous Waste or significant
amounts of other Unacceptable Waste (including Acceptable Waste
contaminated by Unacceptable Waste). If NSP or other facility operator
has reasonable, factual information indicating that Hazardous Waste or
Unacceptable Waste was delivered by the Hauler, and the Hauler has left
the tipping floor, the Hauler agrees to return and remove such Hazardous
Waste or Unacceptable Waste.
In the event waste is rejected by NSP or other facility operator, the Hauler shall
be provided with documentation certifying the rejection and reasons therefor. All costs of
removal and disposal of Hazardous Waste or other Unacceptable Waste (including
Acceptable Waste contaminated by Unacceptable Waste) shall be borne by the Hauler.
C. ADDITIONAL DELIVERY REQUIREMENTS
I. The Hauler agrees that it shall comply with such reasonable rules and regu-
lations regarding the use of the Facility, or such other processing facility,
-5-
,
transfer station, or disposal facility specified by the County, as NSP or
o
other facility operator may periodically adopt.
2. The Hauler also agrees to comply with the traffic control policies of the
City of Elk River, including but not limited to using its best efforts to
avoid the use of Main Street and residential streets in the City of Elk
River.
3. Subject to applicable County and municipal ordinances or other notice from
the County, the Hauler may normally delivery waste to the Facility from
6:00 a.m. to 6:00 p.m. Monday through Saturday, excluding Holidays. NSP
will advise the Haulers in writing of Holidays prior to the commencement
of each year of operation.
4. Subject to applicable County and municipal ordinances and in the event of
a natural disaster or other emergency, delivery hours and days of the
Facility may be adjusted and notice of such adjustment provided to the 0
Hauler as soon as possible.
5: The County shall provide notice to the Hauler in the unlikely event the
Facility is not accepting waste. The Hauler agrees to deliver its waste to a
disposal facility, transfer station or processing facility specified by the
County.
6. All Hauler vehicles that delivery waste to the Facility shall prominently
display on the outside of the vehicle the County identification as assigned
by County licensing provisions, and following such other identification
procedures as the County or NSP may require.
ARTICLE VI.
DUMPING FEE
Hauler shall pay to NSP a Dumping Fee per ton established by the County for delivery
of waste at the Facility. If the County specifies that waste must be delivered to another
- 6 -
01
o
disposal facility, transfer station or processing facility, the Hauler shall pay the Dumping
Fee to the County or such other entity as is specified by the County. The County may
adjust the Dumping Fee from time to time. The Hauler agrees to comply with such
reasonable billing and payment procedures as NSP, the County or other specified facility
operators may periodically adopt.
For purposes of determining the amounts due, the number of tons of waste delivered to
and accepted at the Facility during the month shall be established by the weight records
from the Facility scales. In the event the Facility scales are down, cubic yards will be
converted into weights following the procedures set forth in the Department of RevElnue
regulations for collecting the landfill surcharge tax.
ARTICLE VII. NOTICE REQUIREMENTS
A. Sixty (60) days prior to the time when the County reasonably expects to require
o commencement of delivery of Acceptable Waste under this Contract, the County will notify
the Hauler in writing of the anticipated delivery date and of the Dumping Fee that will be
charged. The County shall also provide written notice of alJY change in the date for
commencement of delivery.
The notice provisions in this section do not obligate the County to commence
delivery requirements or Facility operations on the date specified in the notices, or on any
other date; nor shall the County have any liability to the Hauler for any change in the date
of commencement of delivery.
B. The County shall notify the Haulers in writing under the following circum-
stances:
I. If any additional chemical or other substance shall be considered
Unacceptable Waste;
2.
If the County adjusts the Dumping Fee; or
o
- 7 -
3.
If the County requires the diversion of waste to a disposal facility, a trans-
o
fer station or alternate processing facility.
ARTICLE VIII. REPORTING
The Hauler shall provide to the County such information regarding waste quantities as
the County may request from time to time.
ARTICLE IX.
TRANSFER STATION
In the event the County decides to provide a transfer station, the County reserves the
right to require the Hauler to deliver Acceptable Waste to the transfer rather than the
Facility. Unless otherwise notified by the County, the terms and conditions contained
herein shall apply to delivery of waste to the transfer station.
ARTICLE X.
DISPUTE RESOLUTION
o
In the event that the Hauler disagrees with a decision to reject waste, the
disagreement will be resolved by a three-member Waste Rejection Appeals Board comprised
of one representative appointed by the Resource Recovery Operations Committee (made up
of the counties contracting for the processing of waste at the Facility), one waste hauler
representative (other than the Hauler), and one NSP representative. (Note: the procedure
for appointing a hauler representative will be provided after discussions with haulers, NSP,
and participating counties.)
The Resource Recovery Operation Committee representative shall convene the Waste
Rejection Appeals Board and hold an informal hearing within five (5) County working days of
receipt of the chairman of the Resource Recovery Operations Committee of a written
request for a Waste Rejection Appeals Board. The decision of the Waste Rejection Appeals
Board will be binding up to $500.00. If the Waste Rejection Appeals Board fails to reach a
o
- 8 -
----- ---- ------
- -
o
decision within five (5) calendar days of the hearing, the parties shall not be deemed to have
waived any right of other legal recourse.
The Waste Rejection Appeals Board shall notify the parties of its decision or failure to
reach a decision by certified mail return receipt requested within five (5) county working
days of the decision date.
All decisions and review by the Waste Rejection Appeals Board shall be consistent with
the Service Agreement between NSP and the County.
o
ARTICLE XI. DEF AUL T AND REMEDIES
A. HAULER DEF AUL T
The following shall constitute defaults by the Hauler:
I. Failure to comply with all applicable laws, ordinances, rules and regula-
tions relating to waste hauling, including the County's solid waste
ordinances.
2. Mixing loads of waste generated in Anoka County with waste from other
counties.
3. Mixing Acceptable Waste with Unacceptable Waste.
4. Delivery of Unacceptable Waste to the Facility.
5. Failure to maintain insurance as required by this Contract.
6. Hauling Acceptable Waste to a landfill or other facility unless directed to
do so by the County.
7. Failure to make timely payment of Dumping Fees charged.
8. Persistent and repeated failure to fulfill any of its material obligations
under this Contract.
9. Transfer of any interest under this Contract, whether by subcontract,
assignment or novation, without the approval of the County.
o
-9-
B.
COUNTY DEF AUL T
e
The following shall constitute a default by the County:
I. The persistent or repeated failure to fulfill any of its material obligations
under this Contract.
ARTICLE XII. INDEMNIFICATION AND INSURANCE
A. INDEMNIFICATION
The Hauler will indemnify, defend and save harmless the County, its agents,
Commissioners and employees from all claims, damages, losses, liabilities, costs, expenses
and lawsuits whatsoever arising out of any act or omission on the part of the Hauler or its
contractors, agents, servants or employees in the performance of or in relation to any of the
work or services to be performed or furnished by the Hauler under the terms of this
Contract.
o
- 10 -
o
o
o
B.
INSURANCE
The Hauler shall obtain and keep in force at all times during this Contract, the
following insurance policies:
I. Comprehensive general liability insurance covering bodily injury and
property damage (combined limit) in the amount of $200,000.00 per person
and $600,000.00 per occurrence, and personal injury in the amount of
$200,000.00 per person and $600,000.00 per occurrence, naming the
County, its officials and employees as additional insureds.
2. Comprehensive automobile liability insurance including owned, non-owned
and hired automobiles in the amount of $200,000.00 per person and
$600,000.00 per occurrence, naming the County, its officials and employees
as additional insureds.
Contractual Liability insurance, identifying this Contract, covering bodily
injury and property damage with a combined limit of $200,000.00 per
person and $600,000.00 per occurrence and personal injury with a limit of
$200,000.00 per person and $600,000.00 per occurrence, with Employment
Exclusion deleted.
3.
4. Workers' compensation and employer's liability insurance as required by
law.
The Hauler shall provide the County certificates of insurance for the coverage
required above by January 15, 1989, unless otherwise directed by the County. Certificates
shall include a provision that the insurer shall give the County thirty (30) days cancellation
notice on required policies.
Nothing in this Contract shall constitute a waiver by the County of any
immunities or statutory limitations on liability.
- II -
ARTICLE XIII. MISCELLANEOUS
A. AUDIT
All books, records, documents and accounting procedures and practices of the
Hauler relevant to this Contract are subject to examination by the County, and the State
Auditor, as appropriate, in accordance with the provisions of Minn. Stat. Section 16B.06,
subd. 4 (1986).
B. NOTICE
All notices or communications required or permitted pursuant to this Contract
shall be either hand delivered or mailed to the Hauler and the County, certified mail, return
receipt requested, at the following address:
County:
o
Hauler:
o
C. RELATIONSHIP OF THE PARTIES
For the purposes of this Contract, the Hauler shall be deemed to be an indepen-
dent contractor and, not an employee .of the County. The Hauler shall maintain, at its own
expense, all equipment and personnel necessary to fulfill its obligation under this Contract.
Any and all agents, servants, or employees of the Hauler or other persons, while engaged in
the performance of any work or services required to be performed by the County under this
Agreement, shall not be considered employees of the County, and any and all claims that
mayor might arise on behalf of the County, its agents, servants or employees as a conse-
quence or any act or omission on the part of the Hauler, its agents, servants, employees or
o
- 12 -
o
other persons shall in no way be the obligation or responsibility of the County. The Hauler,
its agents, servants, or employees shall be entitled to none of the rights, privileges, or
benefits of County employees except as otherwise may be stated herein.
D. ASSIGNMENT
The Hauler and the County may assign any interest in the Contract and transfer
any interest in the same, whether by subcontract, assignment or novation, by first providing
written notice to the other party. Any assignment by a Hauler is subject to the County's
approval. Such approval shall not be unreasonably withheld. The County reserves the right
to assign any interest to the Contract to a duly established Waste Management District, a
joint powers board or NSP.
E. SURVIVAL OF REPRESENTATIONS AND WARRANTIES
The representations, warranties, covenants, and agreements of the parties under
this Contract, and the remedies of either party for the breach of such representations,
o warranties, covenants, and agreement by the other party shall survive the execution and
term of this Contract.
F. WAIVER
The waiver of any of the rights and/or remedies arising under the terms of the
Contract on anyone occasion by any party hereto shall not constitute a waiver of any rights
or remedies in respect to any subsequent breach or default of the terms of the Contract.
The rights and remedies provided or referred to under the terms of the Contract are cumu-
lative and not mutually exclusive.
G. EQUAL EMPLOYMENT OPPORTUNITY
The Hauler agrees to comply with all federal, state and local laws, resolutions,
ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on
account of race, color, creed, national origin, sex, marital status, status with regard to
public assistance, disabi Iity, handicapped status or age.
o
- 13 -
H. ENTIRE AGREEMENT
o
The Contract shall constitute the entire agreement between the parties and shall
supersede all prior oral and written negotiations.
I. GOVERNING LAW
The Contract shall be interpreted and construed according to the laws of the
State of Minnesota.
J. AL TERA TION CLAUSE
Any alteration, modification or waiver of the provisions of this Contract shall be
valid only after it has been reduced to writing and duly signed by all parties.
K. . TERMINATION BY MUTUAL AGREEMENT
In the event that the Hauler and the County mutually agree to writing to
terminate this Contract, such termination shall take effect immediately.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of
day of
, 1987, notwithstanding the date of
c
the signatures of the parties.
COUNTY OF ANOKA
THE HAULER
By:
By:
Dan Erhart, Chairman
Anoka County Board of Commissioners Its:
Dated:
Dated:
ATTEST:
John "Jay" Mclinden
Anoka County Administrator
Dated:
APPROVED AS TO FORM AND EXECUTION:
Assistant County Attorney
o
DO/HERRMANN
- 14-
~