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Home My WebLink About07.05.88 Council Packet AGENDA COUNCIL MEETING REGULAR JULY 5, 1988 1. CALL TO ORDER a. Oath of Office - Denny Donaldson 2. APPROVE AGENDA 3. APPROVE MINUTES a. June 14, 1988 b. June 15,1988 c. June 20, 1988 d. June 27, 1988 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS 6. PETITIONS, REQUESTS AND COMMUNICATIONS a. Terra 2nd Addition 7. ORDINANCES AND RESOLUTIONS 8. UNFINISHED BUSINESS a. Appoint Member to ALF Board b. Police Chief Hiring Procedure c. Comprehensive Water Study d. Purchase of Packer for 1984 Garbage Truck e. 1988 Seal Coat Project f. Nuisance Abatement - Grain Elevator at 3rd and Main Streets 9. NEW BUSINESS a. Hazardous Waste Collection Joint Powers Agreement 10. MISCELLANEOUS a. Mediation Session Local 320 Labor Agreement b. Appointment to Mayor's Vacant Seat c. Capital Outlay Request- Administration d. Wage Increase - Part Time - Administration e. Budget Adjustment - Part Time - Garbage Personnel f. Personnel Matter - Engineer Technician g. Dakota County Estates 2nd and 4th - Extension of Completion Date 11. CONSENT AGENDA a. Senior Center Name b. Capital Outlay Purchase - Fire Department c. School and Conference Request - Administration d. Manhole Rehabilitation e. Capital Outlay Request - Liquor Store f. Approve Payment of the Bills 12. ADJOURN 13. ADD ON a. Solid Waste Consultant THE AGENDA IS CLOSED OUT AT NOON ON THE TUESDAY PRECEDING THE MEETING. MEMO TO: MAYOR AND COUNCIL SUBJECT: AGENDA ITEMS - JULY 5, 1988 DATE: JUNE 30, 1988 6a. Memo/Request enclosed. 8a. The City will be without a representative to the ALF Ambulance Board. A Councilmember must be appointed at this meeting. b. Recommendation enclosed. c. Information sent previously. Water Board has adopted the Study. The ordinance should be adopted so that the study can be implemented under the subdivision policy. d. Memo enclosed. e. Memo enclosed. f. Memo enclosed. I spoke with the owner today and he intends to begin demolition next week. 9a. Memo/agreement enclosed. 10a. Memo/various information enclosed. b. Self explanatory. c. Request/Budget adjustment enclosed. d. Memo enclosed. e. Memo/budget adjustment enclosed. f. Self explanatory. I would concur with Mr. Kaldunski's recommendation. g. Memo enclosed. ila. Memo enclosed. b. Request enclosed. c. Request enclosed. d. Request enclosed. e. Request enclosed. f. Copy enclosed. 13a. Memo enclosed. Larr Thompson City Administrator cc: Department Heads • AGENDA REQUEST FORM (3ITEM NO. C NAME: Tom Kaldunski DEPARTMENT: General Services DATE: June 27, 1988 MEETING DATE: July 5, 1988 CATEGORY: Unfinished Business SU3JECT: Comprehensive Water Study EXPLANATION: I am having the Comprehensive Water Study presented by Bonestroo for discussion. The Water Board has adopted the study at their last meeting. The Council has to review the study and be prepared to adopt it into ordinance. This will set up the Water Availability Charge for new construction. REFERENCE MATERIALS/RESPONSIBILITY: Study - Glenn Cook, Dan Edgerton Memo - Tom Kaldunski; Ordinance-Larry Thompson: Financial Report - Wayne Henneke REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Wayne Henneke Finance Glenn Cook Engineering Tom Kaldunski General Services I GNATURE�, MEMO TO: MAYOR AND COUNCIL SUBJECT: COMPREHENSIVE WATER STUDY DATE: JUNE 30, 1988 At the last Water Board meeting on June 21, 1988, the Board adopted the Com— prehensive Water Study prepared by Bonestroo, Rosene, Anderlik. Copies were given to the Council previously. A representative will present the study to the Council at this meeting. As a part of this study, the Water Board has adopted Water Availability Charges and Trunk Area Fees to fund a Capital Improvement Plan to install new wells, reservoirs and oversize water main trunks. These fees will be in effect on September 1, 1988. The fees will be collected at the time the building permits are issued. The Council will be asked to pass ordinances to incorporate these fees into the City's subdivision ordinances to ensure that all new development pay these fees in conjunction with the actual development. This study is a major step toward upgrading the City's water supply and distribution system to meet the City's needs in the future. Tom Kaldunski LI City Engineer cc: file Larry Thompson Wayne Henneke TJK AGENDA REQUEST FORM 90.0 ITEM NO. NAME: Tom Kaldunski 44 y-1 DEPARTMENT: General Services galC DATE: June° , 1988 MEETING DATE: "� '"88 e sA 7f 4 kr CATEGORY: •• • ss SU3JECT: Comprehensive Water Study EXPLANATION: I am having the 4cpseigiandabapy Comprehensive Water Study presented by Bonestroo for discussion. The Water Board n g the study at their iliWlmeeting. The Council has to review the study and be prepared to adopt it into ordinance. This will set up the Water Availability Charge for new construction. .rt --__ Alt REFERENCE MATERIALS/RESPONSIBILITY: Study- Glenn Cook, Dan Edgerton Memo - Tom Kaldunski Ordinance - Larry Thompson Financial Report - Wayne Henneke REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Wayne Henneke Finance Glenn Cook Consulting Engineering Tom Kaldunski General Services SIGNATURE MEMO TO: MAYOR AND COUNCIL SUBJECT: COMPREHENSIVE WATER STUDY DATE: JUNE 16, 1988 At the last Council meeting, copies of the Comprehensive Water Study were dis- tributed. At this meeting, Glenn Cook, Bonestroo, Rosene, Anderlik, will be formally presenting the study to the Council in preparation for Council action that will be necessary to establish the Water Availability Charge (WAC) . Larry Thompson has prepared the necessary ordinances to establish the WAC and I recommend that the Council adopt the ordinance at this meeting in order to begin the public notice process prior to the ordinance taking effect. The Water Board will be officially adopting the Comprehensive Water Study at their June 21, 1988 meeting. By adopting the ordinance at this meeting, the City will be able to begin collecting these fees from all new building permits issued after the ordinance is in effect. Currently building permits are about 30% ahead of 1987 and the fees should be in place as soon as possible to collect as many fees as is practical in 1988. The Comprehensive Study has identified a need for a new municipal well to be constructed in 1989. By instituting the WAC at this time, along with other actions by the Water Board, staff anticipates that the well can be built in 1989 as a fully funded project. The WAC fees will be placed in a special capital improvement fund, which can only be utilized to fund improvements identified in the Comprehensive Water Study. Tom Kaldunski City Engineer cc: file Larry Thompson Wayne Henneke Water Board John Manke TJK PROPOSED CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. An Ordinance Incorporating the Farmington Water Supply and Distribution Plan into the Subdivision Ordinance and Authorizing Charges THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 11, Chapter 4 of the City Code is hereby amended by adding the following section: 11-4-6: Water Distribution: All subdivision design shall incorporate adequate provisions for Water Supply and Distribution consistent with the Farmington Water and Distribution Plan, as amended, and be subject to review and approval of the City Engineer. At the time each plat or replat is approved, a connection charge shall be made for past, present or future water supply costs, payable in cash, and shall be deposited in the "City Water Improvement Fund". The monies so collected will be used in accordance with the Farmington Water Supply and Distribution Plan. Charges shall be determined as set forth in Table 14 - Water Charges - of the Farmington Water Supply and Distribution Plan. The cash payment may be deferred, at an interest rate determined by resolution of the City Council, to the time of the first stage of development takes place, so long as the terms of deferment are set forth in a developer's agreement executed by the City and the owner of the plat. SECTION II: After adoption, signing and attestation, this ordinance shall be published in the legal newspaper of the City and shall be in effect on and after the day of such publication. AGENDA REQUEST FORM r) ITEM NO. NAME: Larry Thompson DEPARTMENT: Administration ✓ DATE: June 28, 1988 MEETING DATE: July 5, 1988 CATEGORY: Unfinished Business SU3JECT: Nuisance Abatement - Grain Elevator at 3rd and Main EXPLANATION: Follow up on request made at June 20, 1988 meeting. REFERENCE MATERIALS/RESPONSIBILITY: Update - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Tom Kaldunski General Services John Manke Building Official • S I G NATU" / MEMO TO: MAYOR AND COUNCIL SUBJECT: NUISANCE ABATEMENT - ELEVATOR AT THIRD AND MAIN DATE: JUNE 28, 1988 John Manke has contacted the owner of the elevator at 3rd and Main and the owner of the property it sits on. Mr. Manke was informed that bids were presently being taken for the demolition of the structure. It is my recommendation that the Council set a deadline of August 15, 1988 for demolition of the structure, and if not met, the City initiate legal action for abatement. Larry Thompson City Administrator cc: Tom Kaldunski John Manke Dave Grannis file AGENDA REQUEST FORM ITEM NO. OJ NAME: Larry Thompson DEPARTMENT: Administration DATE: June 23, 1988 MEETING DATE: July 5, 1988 CATEGORY: New Business SU3JECT: Hazardous Waste Collection Joint Powers Agreement EXPLANATION: Approve Joint Powers Agreement with Dakota County and Lakeville relating to a Hazardous Waste Collection Day REFERENCE MATERIALS/RESPONSIBILITY: Agreement/Explanation - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Bob Williamson Economic Development Karen Finstuen Administration • S I GNATU R,'/ ro LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L.GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L. GRANNIS,JR.- 1910-1980 POST OFFICE Box 57 (612)455-2359 VANCE B. GRANNIS 403 NORWEST BANK BUILDING DAVID L. HARMEYER VANCE B. GRANNIS,JR. 161 NORTH CONCORD EXCHANGE EILIOTE B. KNETSCH PATRICK A.FARRELL MICHAEL J.MAYER DAVID L. GRANNIS,III SOUTH ST. PAUL, MINNESOTA 55075 TIMOTHY J.BERG ROGER N. KNUTSON TELEPHONE(612)455-1661 June 30 , 1988 OUL 331W Mr. Larry Thompson City Administrator/Clerk City of Farmington 325 Oak Street Farmington, Minnesota 55024 Re : Agreement with Dakota County Household Hazardous Waste Collection Dear Larry: We have reviewed the Joint Powers Agreement and Agreement with Aptus for Household Waste Collection. I recommend an amendment to Paragraph 10 deleting everything after the word "insurance" in line 10. The remainder of the paragraph would require an indemnification to the full extent that we can levy a tax to pay a judgment. Since Minn. Stat. §466.09 gives us the right to tax to pay judgments without regard to levy limits , agreeing to this provision could make our exposure limitless. We have discussed this change with Lori Dando , Assistant Dakota County Attorney, and she has agreed to make the change. In addition, I don' t understand the extent of Farmington' s responsibility for educational activities and recycled materials as specified in Paragraph 6. Please review the Agreement and let me know your comments. Very truly yours , GRANNIS , GRANNIS , FARRELL & KNUTSON, P.A. BY: A David L. Grannis , III DLGIII klt FOR YOUR INFORMATION • AGREEMENT WITH APTUS FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION WHEREAS, the County ( in conjunction with the Cities of Farmington and Lakeville) and Aptus Environmental Services (Contractor) desires to implement a household hazardous waste (HHW) collection program for the benefit of the citizens of Farmington and Lakeville; and WHEREAS, the Contractor desires and is capable of providing the necessary services to implement such a program; and WHEREAS, the County Board by Resolution # , authorized the County to enter into a contract with the Contractor for the provision of services; NOW, THEREFORE, 1. DEFINITIONS For purposes of this Agreement the terms defined in Minn. Stat. S115A. 96 shall have the meanings given them therein except as limited, amended or otherwise defined in this Agreement . 2. TERM The term of this contract shall commence upon the date of execution by all parties or the commencement of work under the terms of this agreement whichever occurs first and will terminate upon completion of services and payments to be provided hereunder unless earlier terminated by law or the terms of this contract . 3. SERVICES TO BE PROVIDED The Contractor agrees to provide the packaging, transportation, storage and disposal of hazardous wastes collected in connection with the household hazardous waste collection to be Page 1 conducted on or about July 17, 1988, for the benefit of the citizens of Farmington and Lakeville (hereinafter "the HHW Collection" or "collection" ) . Services shall be provided in conformance with Minn. Stat. §Ch. 115A and Minnesota State Contract M-8475, which is attached as Exhibit 1 and incorporated herein by reference. 4. SITE The collection site shall be located at Aptus Environmental Services, 21750 Cedar Avenue in the Airlake Industrial Park, Lakeville, MN 55044 . 5 . PAYMENT A. Contractor will donate to the County, as a gift, the cost of packaging any HHW collected in connection with the HHW collection. B. Contractor will donate, as a gift, up to, but not exceeding, $4,000 towards the cost of transporting, storage, and disposal of any HHW collected on behalf of Lakeville citizens. C. The County shall pay to the Contractor for transportation, storage and disposal of hazardous wastes collected in conjunction with the HHW collection, unit costs at the rates stated in Minnesota State Contract M-8475 (Exhibit 1) . D. Contractor shall, within fifteen ( 15) working days following the last day of provision of services, submit an invoice and request for payment on a form acceptable to the County. The County shall make payment to the Contractor within 30 days of the date on which the invoice is received. Page 2 E. The County has an absolute right to refuse payment on invoices received or postmarked more than ninety (90) days after the date that invoiced services were performed. 6. BONDS Contemporaneous with the execution of this Contract Contractor agrees to provide a bond for the County in accordance with the requirements of Minn. Stat. §375. 21 and in an amount equal to or greater then $10,000. Said bond shall guarantee the faithful performance of all obligations required of the Contractor under the terms of this Contract , including payment of labor and materials. 7. INDEMNIFICATION The Contractor shall indemnify, hold harmless and defend the County, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the County, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform the Contractor ' s obligations pursuant to this Contract. 8. SUBROGATION WAIVER Notwithstanding any other provision in this Contract the Contractor hereby releases the County from any and all liability or responsibility for any party claiming through or under the contractor by way of subrogation or otherwise for any loss, injury or damage to person or property where and to the extent such loss or damage is insured against under any insurance policy. Page 3 9. INSURANCE In order to protect itself and to protect the County under the indemnity provisions set forth above Contractor shall, at Contractor 's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such polices of insurance shall apply to the extent of but not as a limitation upon or in satisfaction of the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with the County which shall be incorporated into this Contract as Exhibit 2 . The policies of insurance to be obtained by Contractor pursuant to this Article shall be purchased from a licensed carrier and shall include the following: Commercial General Liability $1,000,000 per occurrence $1,000,000 aggregate Business Auto $1,000,000 per occurrence $1,000,000 aggregate Environmental Impairment $3,000,000 per loss $6,000,000 aggregate Contractors ' Pollution Legal $1,000,000 per claim Liability $2,000,000 aggregate Worker ' s Comp If applicable, the statutory minimum must be met. 10. SUBCONTRACTING/SUCCESSORS Parties shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of all parties and subject to such conditions and provisions as are deemed Page 4 necessary. Such consent shall not be unreasonably withheld. The subcontracting or assigning party shall be responsible for the performance of its subcontractors or assignors unless otherwise agreed. The County and the Contractor each binds itself and its successors, legal representatives, and assigns to the other party to this Contract and to the partners, successors, legal representatives, and assign of such other party, in respect to all covenants of this Contract. 11. EXCUSED DEFAULT Neither party shall be held responsible for delay or failure to perform when such delay or failure is due to any of the following unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, acts of public authorities, or delays or defaults caused by public carriers, provided the defaulting party gives notice as soon as possible to the other party of the inability to perform. 12. TERMINATION This Contract may be terminated with or without cause, by either party upon written notice. Notice shall be given at least ten (10) days before the effective date of termination and in all cases at least ten (10) days before the scheduled collection date. Notice of termination shall be made by certified mail or personal delivery to the authorized agent of the party at the address of the party as stated in paragraph 14 . Page 5 Termination shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 13. CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE All remedies available to either party for breach of this contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Contract shall not be exclusive and are in addition to any other rights and remedies provided by law. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of the County and the Contractor. Notwithstanding any other provision of this Contract to the contrary, upon breach of this Contract by the Contractor the County may withhold final payment due Contractor for purposes of set-off until such time as the exact amount of damages due is determined. 14. LIAISON/AUTHORIZED REPRESENTATIVES/NOTIFICATION To assist the parties in the day-to-day performance of this Contract and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by the Contractor and the County. The parties shall keep each other continually informed, in writing, of any change in the designated Page 6 liaison. At the time of execution of this Contract the following persons are the designated liaisons: County Liaison: George Kinney Phone number: Contractor Liaison: Phone number: Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. A. To the Contractor : George Kinney Name 33 E. Wentworth, West St. Paul, MN 55118 Address 450-2793 Phone Number B. To the County: Name Address Phone Number In addition, notification to the County regarding breach or termination shall be provided to the office of the County Attorney, 1560 West Highway 55, Hastings, MN 55033. Page 7 15. COMPLIANCE WITH REQUIREMENTS OF THE LAW The Contractor and County agree to comply with all Federal, state and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Contractor ' s and County' s activities under the provisions of this Agreement. 16. EQUAL EMPLOYMENT OPPORTUNITIES In all activities related to the terms of this Agreement, the Contractor and County agree to comply with all Federal, state, and local laws, ordinances, rules, regulations, and executive orders pertaining to unlawful discrimination on account of race, color , creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. 17 . ACCESS TO RECORDS/AUDITS A. The County shall have full access to all records relating to the performance of this Agreement pursuant to Minn. Stat. §16.06, subd. 4 . B. The Contractor agrees to maintain records relating to the terms of this Agreement, and shall retain all such documentation for three (3) years following the last date in which a household hazardous waste collection was held by the parties or following the termination of this Agreement, whichever is later . Such records shall be made available for audit or inspection at any time upon request of the County or its authorized representative. Page 8 18. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, signed by authorized representatives of the County and the Contractor. 19 . MERGER This Contract is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supercede all prior negotiations, understandings or agreements. There are not representations, warranties, or stipulations, either oral or written, not herein contained. 20. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be duly executed and warrant and represent that the person whose signature appears below is authorized by law and all necessary corporate action to execute this contract, intending that it shall Page 9 ' be legally binding upon them and their respective heirs, estates, successors and assigns. Approved as to form: COUNTY OF DAKOTA Assistant County Attorney/Date By Chairman Board of Commissioners Approved as to execution: Date of Signature Assistant County Attorney/Date Attest Auditor This instrument drafted by: LPD Date of Signature Approved by Dakota County Board Resolution No. Dakota County Attorney' s Office Dakota County Government Center 1560 Highway 55 Hastings, Minnesota 55033 CONTRACTOR Telephone: (612) 438-4438 By Title Date of Signature Page 10 C/K-88-223 EXHIBIT 1 STATE OF MINNESOTA y,;; MATERIALS MANAGEMENT DIVISION '�_ CONTRACTS & TECHNICAL SERVICES k,r:..; :;;"/' 112 Admin. Bldg., SO Sherburne Ave., St. Paul. MN 55155 Department of Administration CONTRACT RELEASE • DATE: March 1 . 1988 NUMBER: 111_70? CONTRACT ADMINISTRATOR: (New) J.R. Johnson APPROVED BY: PHONE: 612-296-3779 /� `�� • -, DOCUMENTS INFORMATION: 612-29th_1724 DONNALEE KUTCHERA, MANAGER • PRODUCT/SERVICE: Analysis, Transportation. Storage- & Disposal of Hazardous Yacta CONTRACT PERIOD: March 1. 1988 to DPcembPr 31 • 1988 CONTRACT VENDOR CONTRACT NO. TERMS DELIVERY APTUS Environmental Services M-8475 Net 30 21400 Hamburg Avenue Services Lakeville, MN 55044 Contact Persons: Geof Schroepfer 21400 Hamburg Ave. P.O. Box 550 Lakeville, Mn. 55044 Phone: 612-469-3475 SERVICE IS AVAILABLE TO POLITICAL SUB-DIVISIONS. Page 2 • ANALYSIS, TRANSPORTATION, STORAGE AND DISPOSAL FOR STATE OF MINNESOTA HAZARDOUS WASTE SPECIAL CONDITIONS I . Purpose In the course of carrying out their statutory duties, a number of department and agencies of the State of Minnesota (STATE) and a number of political subdivisions (POLITICAL SUBDIVISIONS) generate hazardous and other wastes. The State has entered into a contract with a qualified hazardous waste management organization that will agree to make hazardous waste management services available to the State on an as-needed basis during the term of the contract. The precise nature of the hazardous waste management services to be provided are described below. All departments and agencies of the State are intended to be able to use -the hazardous wastemanagement services on an as-needed basis for the wastes and activities described in these Special Conditions. II. Definitions As used in these Special Conditions, the following terms have the definitions stated below. A. Collected. The term "collected" describes wastes which the State did not originally generate, but which the State decides to manage because it believes those wastes w'11 not otherwise be properly managed. Examples of wastes which are described as "codec*ed under these Special Conditions include wastes which the State manages under its Abandoned Barrel Program, its Household Hazardous Waste Program and its Waste Pesticide Collection Program. B. Designated Contact Person (DCP). The term "Designated Contact Person" or "DCP" refers to a person from a State Department or Agency authorized to request that a . Contractor take action as provided by these Special Conditions. C. Partially Identified Waste. The term "partially identified waste" means waste which has been identified as to U.S. Department of Transportation hazardous class, but which has not yet had its chemical composition fully identified. D. Preauthorization. The term "preauthorization" refers to the authorization given by a State Agency Hazardous Waste Coordinator to allow a contractor to send specified waste streams to specified facilities without the need to obtain additional approval from the State. E. State Agency Hazardous Waste Coordinator (SAHWC). The term "State Agency Hazardous Waste Coordinator" refers to the Minnesota Pollution Control Agency staff person identified by the State as the contact person for certain activities and decisions, as described in these Special Conditions. The SAHWC is Susan Ridgeley, (612) 297-1786 F. TSD Services. The term "TSD Services" refers to the Transportation, Storage and Disposal activities to be taken by a contractor under these Special Conditions to arrange for the ultimate disposition (e.g. , treatment, recycling, disposal ) of wastes generated or collected by the State. Page 3 III. Types and Quantities of Wastes for which Hazardous Waste Management Services May Need to be Provided The Contractor may be required to provide hazardous waste management services for any of the following: A. Hazardous wastes generated or collected by departments and agencies of the State; B. Household hazardous wastes collected by the Minnesota Pollution Control Agency (MPCS) under its "Household Hazardous Waste Program;" and, C. Hazardous and Non-hazardous wastes collected by the MPCA under its "Abandoned Barrel Program". D. Hazardous wastes generated or collected by the MPCA under the Pesticide Program. • IV. Types of Services to be Provided. The Contractor may be required to provide any one or more of the following services: A. Test wastes, in accordance with standard testing procedures, to determine if they are hazardous or if they are suitable for proposed methods of treatment or disposal ; B. Transport wastes, in accordance with applicable requirements; C. Store wastes, in accordance with applicable hazardous waste rules; and, D. Propose options for the State to 'approve as to the ultimate disposition of the waste and implement those options which are approved by the State. V. Test Wastes A. Verification of laboratory Procedures. The Contractor may be required to take and analyze samples to determine if a waste generated or collected by a State depart- ment or agency is hazardous and/or suitable for proposed disposal options. The Contractor shall be responsible for selecting and using laboratories which are capable of conducting the required analyses in accordance with standard testing procedures. B. Testing Procedures 1 . Each department or agency may request testing. Any State department or agency may request that the contractor sample and analyze a waste which has been generated or collected by that department or agency. Requests shall be made by the Designated Contact Person. 2. Testing parameters End procedures will be discussed by the State and Contractor for each testing required. Within 5 working days after receiving an oral or written testing request from a Designated Contact Person, the contractor shall sample the wastes in question. All sampling shall be con- ducted in accordance with approved Chain of Custody procedures to allow for verification of the sample results if necessary. Prior to taking the samples, the Designated Contact Person and the Contractor shall discuss the number of samples to be taken, the parameters to be analyzed, the Chain of Custody procedures to be used, the time required to obtain test results and any other information relevant to taking and analyzing the sample(s). If requested by the Designated Contact Person, the contractor shall use a laboratory capable of providing test results within 36 hours after the sample is taken. Page 4 There will be certain (emergency) situations where testing is required within five (5) working days. The time can be lengthened at the discretion of the Designated Contact Person in nonemergency situations. 3. Testing and analyses are to be performed and results reported to the State as directed by the Designated Contact Person. The Contractor shall have the samples analyzed in accordance with the terms and conditions identified by the Designated Contact Person after discussions under B.2. , above. The contractor shall provide a written statement of the period specified by the Designated Contact Person after discussions under 8.2. , above. VI. Transport Wastes A. TRANSPORTATION OF WASTES TO THE CONTRACTOR'S STORAGE FACILITY. 1 . Any State department or agency may request that the contractor transport hazardous waste or a partially identified waste from anywhere within the State of Minnesota to the contractors storage facility. Requests shall be made by the Designated Contact Person. Requests may be made at the same time a request for testing is made under V. , above. However, requests also may be made prior to a request for sampling, after sampling request or without any sampling request. Within 5 working days after receiving an oral or written transportation request from a Designated Contact Person, the contractor shall transport the waste to its storage facility. • The contractor shall transport waste which has been analyzed and sampled by someone other than the contractor. The contractor will not transport a waste which they have insufficient authority to transport. 2. Transportation conducted under this section shall be performed in compliance with all applicable requirements, including those set forth in Minn. Rules pts. 7045.0351 through 7045.0397 and in Minn. Stat §221 .033. It shall be the duty of the contractor to repackage waste as necessary to ensure that the package meets applicable requirements for the transportation of wastes. It also shall be the duty of the contractor to prepare any manifests -required for the transportation of wastes to the contractor' s storage facility. 3. The contractor is authorized to subcontract the transportation services to be provided. However, prior to using any subcontractor, the contractor must submit proof of the qualifications of the subcontractor to the SAHWC for review and approval . The contractor shall not use any subcontractors until and unless they are approved by the SAHWC. It shall remain the duty of the contractor to ensure that all subcontractors comply with the applicable transportation requirements. 4. The contractor shall take all reasonable steps to reduce the cost of Iran- , sporting wastes received from the State. Among the steps the contractor shall take are consolidation of State wastes with other State wastes, to the extent reasonable, prior to their shipment and use of shared truckloads in transporting compatible wastes to specified locations. However, State wastes shall not be consolidated (i .e. , comingled) with the wastes of any other generator. The • contractor may, however, transport State wastes with the wastes of other generators, as long as the wastes remain separately identifiable. Page 5 B. Transportation of wastes from the contractor's storage facility. 1 . The contractor shall transport wastes stored at its storage facility to recycling, treatment or disposal facilities, as approved by the State under Part VIII. , below. 2. Transportation conducted under this section shall be performed in compliance with all applicable requirements, including those set forth in Minn. Rules pts. 7045.0351 through 7045.-397 and in Minn. Stat §221 .033. 3. The contractor shall take all reasonable steps to reduce the cost of transporting wastes received from the State. Among the steps the contractor shall take are consolidation of State wastes with other State wastes, to the extent reasonable, prior to their shipment and use of shared truckloads in transporting compatible wastes to specified locations. However, State wastes shall not be consolidated (i .e. , comingled) with the wastes of ary other generator. The contractor may, however, transport State wastes with the wastes of other generators, as long as the wastes remain separately identifiable. 4. The contractor shall be authorized to subcontract the transportation services to be provided. However, prior to using any subcontractor, the contractor must submit proof of the qualifications of the subcontractor to the SAHWC for review and approval . The contractor shall not use any subcontractors until and unless they are approved by the SAHWC. It shall remain the duty of the contractor to ensure that all subcontractors comply with the applicable transportation requirements. Vii. Store Wastes A. GENERAL STORAGE REQUIREMENTS. Any State department or agency may request that the contractor store hazardous waste or a partially identified waste at the contractor's storage facility. Requests shall be made by the Designated Contact Person. Requests may be made at the same time a request for transportation is made under VI. , above. However, requests also may be made without any transportation request (i .e. , the State may make other arrangements for transportation of wastes to the contractor's storage facility. ) The contractor may not refuse to accept storage of hazardous wastes from another transporter unless acceptance would constitute a violation of the hazardous rules, Minn. Rules ch. 7045. Whenever the contractor is requested to store wastes not transported by the contractor, the State shall give the contractor a minimum of five working days notice of the types and quantities of the hazardous wastes being transported. B. STORAGE WASTES KNOWN TO BE HAZARDOUS. If the contractor is requested to store hazardous waste at its storage facility, the contractor shall store the waste in compliance with the requirements of the hazardous waste rules, MInn. Rules ch. 7045 and local fire codes and ordinances. The contractor shall continue to store the hazardous wastes at the storage facility, in accordance with these require- ments, until authorized to ship the wastes from the facility, as provided by Part VIII. , below. Page 6 C. STORAGE OF "PARTIALLY IDENTIFIED WASTES". If the contractor is requested to store partially identified wastes, as defined under II.C. , above, the contractor shall store the waste at its facility. These wastes shall be segregated from all other wastes until test results are received by the DCP and a determination is made as to the precise nature of the wastes. During the time period before the test results are received, the wastes are to be stored as if they were hazardous. If the results of testing demonstrate that the wastes are not hazardous, the contractor shall confer with the DCP as to how the wastes shall be disposed of. If requested by the DCP the contractor shall make all necessary arrangements for the disposal of the wastes and shall implement the disposal method as approved by the DCP. If the results of testing demonstrate that the wastes are hazardous, or if a Designated Contact Person otherwide instructs the contractor to treat the wastes as if it were hazardous, the contractor shall follow the storage requirements set forth under VII.B. , above. VIII.TSD Service The contractor may be required to provide TSD services to the State for wastes generated or collected by State departments and agencies. These TSD services may fall within one of two categories: (1 ) TSD services for wastes for which preauthor- ization has been received and (2) TSD services for wastes for which no preauthorization exists. Each of these services is described in greater detail below. A. SUBMIT INFORMATION RELEVANT TO OBTAINING PREAUTHORIZATION If the SAHWC approves a waste stream for a specified TSD facility, that, facility shall be considered "preauthorized" for the identified waste stream. This preauthorization does not provide a general approval of a facility for all waste streams: only the identified streams shall be con- sidered approved. B. TSD SERVICES FOR WASTES FOR WHICH PREAUTHORIZATION HAS BEEN RECEIVED. If the contractor is requested to provide TSD Services for a waste stream for which preauthorization exists, the contractor shall manage that waste stream in accordance with the preauthorization and the terms of these Special Conditions. In such a case, no additional approval is needed from the SAHWC prior to the contractor's shipping of wastes as provided by the preauthorization and these Special Conditions. C. TSD SERVICES FOR WASTES FOR WHICH NO PREAUTHORIZATION HAS BEEN RECEIVED. If the contractor is asked to store wastes for which no preauthorization has been received under VIII.A. , above, the contractor shall investigate the recycling, treatment and disposal options available to the State and shall notify the SAHWC in writing of these alternatives. This notification shall be made within 10 days after the contractor receives the results of any testing conducted under IV. , above or, if no testing is necessary, after 10 days of receiving the wastes at the contractor' s storage facility. The SAHWC shall review the identified options. If the SAHWC approves an option in writing for a specified waste, that option shall be considered "preauthorized" and, if identical waste streams are received in the future, no additional preauthorization is required in order for the contractor to send the approved waste to the facility for which approval has been given. Page 7 The SAHWC is free to disapprove the use of any option proposed by the contractor. D. DUTY OF CONTRACTOR TO MAKE AND IMPLEMENT DISPOSAL ARRANGEMENTS It shall be the duty of the contractor, subject to approval by the OCP, to make and implement all arrangements needed for the proper recycling, treatment and idsposal of wastes received by the State under these pro- visions. To verify the proper handling of the wastes, the contractor. shall submit to the DCP, within 20 days of receipt of a waste from the State, as statement verifying receipt of the waste and stating how the waste will be managed, including time frames for handling the waste. If the waste falls within a preauthorized stream, the statement shall specify that the contractor is proceeding under the requirements of VIII.C. , above. If test results are not yet available and additional time is needed, the contractor shall specify the amount of additional time required and shall update the statement when test results are received. Upon the request of the DCP the contractor shall obtain and submit to the DCP a copy of the certificate of disposal from the facility to which the waste has been delivered. E. PREFERENCE FOR MANAGING WASTES IN ACCORDANCE WITH HIERACHY In accordance with the State of Minnesota's draft Hazardous Waste Management Plan, adopted by the Waste Management Board on February 23, 1984, it is the preference of the State that wastes be managed so as to minimize dependence on land disposal . The contractor shall make every effort to manage the wastes so as to implement this preference. IX. Miscellaneous Compliance with other laws. The contractor shall comply with all federal , state and local laws in implementing the terms of these Special Conditions. • Shredding of Containers Any drums or other containers obtained by the State in the course of implementing this contract shall be shredded after use. No containers obtained from the State shall be used for any wastes other than wastes obtained from the State; nor shall any containers be disposed of without having been shredded by the contractor. Metal containers can be either shredded or crushed. Hold Harmless Agreement The contractor shall indemnify and save and hold the State of Minnesota, its agents and employees, harmless from any and all claims and causes of action arising out of the performance of these Special Conditions by contractor or contractor' s agents (including subcontractors) or employees. Nothing in this Contract is intended to be construed as a waiver of the Torts Claims Act, 1987 Minn. laws ch. 185, section 1 , or any other law, legislative or judicial , limiting government liability. Page 8 • Worker Health and Safety The contractor shall ensure that all personnel of the contractor and subcontractors have received health and safety training appropriate to the tasks the personnel are engaged in under these Special Conditions. The Site Health and Safety Plan developed by the contractor shall be strictly enforced by the contractor on the site at all times. The contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under these Special Conditions. The contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with these Special Conditions. State Audits The Books, records, documents, and accounting procedures and practices of the contractor relevant to the implementation of these Special Conditions shall be subject to examination by the State for a 3 year period following expiration or cancellation of any contract entered into to implement these Special Conditions. Political Subdivisions The Contractor agrees to extend all prices and other provisions of this contract (as modified below) to political subdivisions of the State. However, where work is to be performed under these Special Conditions at the request of a political subdivision, the responsibility for that work rests solely with the political subdivision and the contractor. Thus, in lieu of the SAHWC and the Designated Contact Person, work to be performed at the request of a political subdivision shall be initiated or reviewed by a representative of the political subdivision. All persons using this contract, including the political subdivisions, must comply with all applicable requirements of the hazardous waste rules, Minn. Rules ch. 7045. Further, where work is performed for a political subdivision, the contractor shall handle the political subdivision's waste separately from waste generated or collected by the State under these Special Conditions. For example, each political subdivision shall use their own generator number and the contractor shall not use the State's generator number to identify the waste of a political subdivision. In addition, waste of the political subdivision shall not be comingled with waste of the State. Where, however, a conflict is created between managing State wastes and political subdivision wastes as a result, for instance, of limited avail- ability of storage space, the State waste under this contract shall be given priority over political subdivision waste as reasonable. Permits, Licenses and Fees The contractor shall obtain and maintain during the term of this contract and any subsequent amendments, all licenses, permits, authorization, or any documents required by federal , state, county and municipal governments, and other authorities wherever necessary so that the contractor may conduct the work necessary to fulfill the requirements of this contract. Page 9 Ie-i e l • ' a) (NI co u •a U •a vh. N al fu ...i fu I v? 4.1 t L. = • e L u CO CO O 0,. co U = •- L in 0 1.J Cr ..• eD u n � • in 1J •.. 0 fu e1 n .../ w a •.01,- vs 111 CViv0 i . Al 1] • m • co b f0 .0 • U .-e 0 Cr] 0 •'•e C7 •-• ( a •-. i E i N L. 0 E ... 0 a) •-4 7 ...I >4 ..r 2 0 07 J.) E eo a. E L. L «r f0 c 7 0 0) c CS) 4 +., L. a Dr . E I) y .0 m In y E E 7 ..... )• 0 U r+ v RI ."4 0'0 O...I v) .-4 3 c .4 'C 0 S + A Z 0— i0 +i) '�• 7 O 0 • .. 16 O a C 'p u L 'e6 LL 0 L U u. 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C ar er t m GO r C P. c C" 1,m) O N0 e� C •O._ i.1 cJ C :I: C — C C C CO r 5 c. .a C7 7 4_, 7 V — L U7 Am N ..• - C•1 C C C: :: C y 1 -,) 4-) -.: •••) •H T1 C Z. ...• iO O C) U •re I C 0 W0 C! C M C.% QI L C - 0 = _ rn S.'1 M. I Page 14 ATTACHMENTS - EXPLANATONS 1. Collect Samples: Fees are assessed as follows: (a) Labor: Field service personnel labor to be billed at $22.50 per hour, including travel time from Lakeville, Minnesota. (b) Mileage: Travel mileage charges to be billed at $.27 per mile (maximum) from Lakeville and return to Lakeville. (c) Meals: Breakfast - $6.00 provided the employee leaves before 6:00 a.m. or is away from home overnight. Lunch - $7.00 provided the employee is in travel status and is not in the Metro area, or away from home overnight. Dinner - $12.00 provided that the employee cannot return home until after 7:00 p.m. or is away from home overnight. (d) Lodging: Overnight accommodations are billed at the actual lodging costs. (e) Sample: Each waste stream sample is $10.00. A sample of multiple drums of a single waste type will be considered as one sample. Multiple outstate sampling trips (requests) will be coordinated by Contractor. 2. Analysis Price list to be used is noted as Exhibit 1. 3. Transportation (a) Intrastate: Local Freight Tariff for Hazardous Waste and Hazardous Materials effective February 9, 1987 and noted as Exhibit 2. Mileage is based on Minnesota Highway Tables, 1976, Minn. P.S.C. 8-D. Both Tariff and mileage subject to reissues reflecting changes. (b) Interstate: Transportation from storage site to disposal facilities (truckload basis). Rate per drum = $3.75 x miles from Lakeville to Dispotal TSD divided by 80 (for 55 gallon drums). For drums less than 55 gallon size use the number of drums in the shipment for the cost per drum. (c) Transportation: 'Repacking waste prior to transportation. The stated charge applies in two distinct cases. First, it would • be assessed for the labor involved in putting a 55 gallon drum into an 85 gallon overpack for transportation. Alternately, the contents of the drum would be transferred to a new container for shipment. In this instance, the change includes labor, labels, removal and disposal of the original container. Page 15 This charge would only be assessed in an instance where a State Agency or Department had a drum of hazardous waste for shipment that was in a container; which was unsafe for transportation. • PRICE LIST FOR MATERIALS 5 gallon steel pail (DOT 37A or B) $ 7.00 5 gallon plastic pail (DOT 34) 13.20 16 gallon plastic drum (DOT E-7768) 14.00 20 gallon fiber drum (DOT 21C) 14.00 30 gallon plastic drum (DOT E-7768) 23.50 55 gallon steel drum, closed head (DOT 17C) 32.00 55 gallon steel drum, open head (DOT 17H) 32.00 85 gallon steel overpack 85.00 Sawdust 40 pound bag 4.95 Floor dry or Fullers Earth, 50 pound bag 6.00 Clay, 50 pound bag 6.00 Portland cement, 94 pound bag . 6.25 6 mil polyethylene bags, 85 gallons 1.50 Labels (hazardous waste, hazard warning) No Charge Coliwassa, glass, single use $10.50 Sample mailing kit 9.50 (One liter bottle, absorbent, labels, shipping box) Sample mailing kit for DOT poisons $35.00 (Same as above with DOT E-8249 shipping boxes) • Treatment/Reuse/Recycling - Page 3 2. Nonchlorinated Solvents: (a) Fuel blending - A surcharge of $5.00 per inch for non-pumpable sludge is assessed for all drums picked up and transported to the storage facility. The Contractor may siphon solvent into a tank truck at generator's location rather than transport the drum to the storage facility. 5. Acids/Bases: (a) Neutralization - Charges for treatment of aqueous acids or bases are determined by the strength of the solution: Molarity Per drum charge (30 or 55 gallon) 0-1 $125.00 1-3 - $145.00 4`6 $165.00 ;76 $225.00 An additional $250.00 per waste stream would be assessed to the State in lieu of analysis. The treatment facility is required to receive a preshipment sample of the waste. This is a one-time fee. If the sample is rejected and the waste cannot be treated at the facility the $250.00 Fee will not be charged to generator. Page 16 Wastes received by the facility have had all their treatment residues delisted by the U.S. EPA. A non-hazardous certification would be sent by the TSD to the generating department at the completion of the treatment process. 5. Disposal by Incineration - Page 4 Under a non-emergency situation the following will occur: 1. Sample is collected and analyzed. 2. D.C.P. is notified with a written quotation for total charges including any surcharge for the waste stream. 3. Only when the quotation is accepted by the D.C.P. will the material be transported to the storage facility. The contract prices for incineration of liquids are subject to surcharges under certain conditions: 1. Halogen surcharge: A surcharge of $1.25 per drum is added for each percent halogen exceeding 5%. 2. Ash surchage: A surcharge of $5.25 per drum is added for each percent ash over 1% in a drum of liquid. • 3. Solids surcharge: A surcharge of $1.50 per pound is added for solid material in a drum of liquid. 4. Overpacks: Drums in 85 gallon overpacks are assessed a $50.00 surcharge. Bulk liquids are subject to the above surcharges by dividing the gallons by 55. PCB's greater than 50 ppm (l.f). The incineration charge is according to the following schedule: 1. Liquids in drums $368.00 per drum 2. Light ballasts 0.85 per pound 3. Capacitors 0.85 per pound 4. Solids (soil, debris, etc.) 0.85 per pound Incinerations of Lab Packs (l.g) price schedule as follows: (a) Resource Conservation Recovery Act (RCRA) regulated material. Lab Packs packed by APTUS - $3.25 per gross container pound. (b) Non-Regulated and exempt wastes. Lab Packs packed by APTUS - $1.40 per gross container pound at a Toxic Substance Control Act (TSCA) facility. Lab Packs packed by APTUS - $3.25 per gross container pound if the SAHWC chooses a RCRA facility. Page 17 Disposal by landfilling: (Page 4-2) The base price is $125.00 per drum of solid waste. Drums that contain free liquids or are lab packs require a surcharge assessed by the land fill facility. (a) Free liquid - $40.00 per drum (b) Lab Packs - $60.00 per drum NOTE: All new waste streams are subject to a one time $200.00 waste approval fee with the exception of comingled waste. Billing Procedure All invoices are to be sent to the Designated Contact Person (DCP) of • the organization using this contract. Contractor shall submit invoices by the 20th (twentieth) day of each month following the month in which costs have been incurred. Each invoice shall contain: 1. Site name and address. 2. Requisition number (assigned by using organization). 3. Contractor invoice number. 4. Invoicing period (days, month, and year). 5. Daily item by item account of supplies, services, and labor requiring payment. EXR/.v 17 Page 18 widEr ELECTRK 21400 Hamburg Ave..P O.Box 550.Lakeville.MN 55044(612)469.3475 BEM LABORATORIES OIL & DIELECTRIC FLUID TESTING Combustible Gas Analysis $60.00/unit Karl Fischer Moisture Test $15.00/unit Metals in Oil Set-up $25.00 Plus $12.00/metal PCB in Oil $25•00/unit Power Factor $55.00/unit Moore Analytic $25.O0/temp (2 temps) Standard Oil Analysis $8.50/Unit (Dielectric, Acid, IFT, etc. ) OTHER COMMON TEST SERVICES Ash $12.00/each BTU $30.00/each PCB Analysis in Oil $25.00/each in Sludge • $75.00/each in Soil $75.00/each Swab/Wipe $75.00/each in Water $75.00/each NATIONAL ELECTRIC "EQUAL OPPORTUNITY EMPLOYER' NATIONAL ELECTRIC LAKEVILLE, MINN. COFFEYVILLE, KS Page 19 Extraction Procedure Toxicity (EP Tox) $225.00 Characteristic (EPTC) Includes: Extraction $100.00 Metals Analysis $125.00 Arsenic Barium Cadmium Chromium Lead Mecury Selenium Silver Flash Point $20.00/each Halogen (Total Organic) $30.00/each Metals (Total) Set-Up $25.00 Plus $12.00/metal Moisture $18 00/each pH $10.00/each Specific Gravity $7.00/each Sulfur (Total Organic) $20.00/each $18.00/each Waste Fuels 40 CFR 266 $125.00/each Includes: As, Cd, Cr, Pb, TOX, Flash Point, Water: conductivity, hardness, residue (filterable and total), Acidity, Alkalinity, Chloride, and sulfate Others (Specify with your 101 consultant) rEx, i6' 1Ta. 1RCC 57811 )O T.R.B. Bo. 2 Pag. 20. Cancels T.R.B. No. 1 APTUS 21403 Basburg Ave. . Lakeville, MA 55044 Local Freight Tariff • Naming Local Rates on HAZARDOUS HASTE and HAZAR1%)US MATERIALS Betueen Points in MINNESOTA (As Indicated Herein) Applicable on winnesota Intrastate Traffic Only. - Issued. January 8, 1988 Effective: January 25, 1988 Issued by: Brian Brosnan . Z1400 Hamburg Avenue Lakeville, 141 55044 TMJ ' 2 Page 21 Item RULES AND REGULATIONS mILEAGe GUIDE For distances ur mileages, see Official Minnesota Highway Tables, 1 ' 197o, ),inn. P.S.C. b-L, cowpileo by the iepartment of Public Service, or reissues thereof. Fractions of less than one-half or(1/2��°r .5)shall beotreatedld be daspone;stile. • fractions of one-half (1/2 DEFINITION OP A SHIPKENT . • adept ae of erwisi provided hatein, •a 'single shipment 'is a quantity 20 . i of freight received from one shipper, on one shipping order or bill of lading, st one point, at one time, for one consignee at one delivery point, at one destination. LOADING AND UNLOADING 30 Loading and unloading °f shipment aa+deall forboervioos periornedperformed pbyrthi or consignee except no charge will truck driver. REFUSED OR UNDELIVERED SHIP hENTS 40 The rates and charges named herein include the return to original • shipper of a shipment or portion thereof, which has been refused by consignee, or which, through no fault of carrier, cannot be delivered, providing such return is authorised by shipper. PIC}:-UP AND DELIVERY SERVICE (a) Except as otherwise provided, rates named herein include one 50 pick-up or shipment at all points directly accessible to carrier's vehicles at the point of origin. (b) Except as otherwise provided, rates named herein include one delivery of shipment at all points a.irectly accessible to carrier's vehicles at the destination. (c) Nothing in this tariff shall be construed as making it binding on carrier to make pick-up or delivery of freight at points where it is impracticable to operate a truck due to conditions of roads or streets. REFERENCE TO 1TE3S, SECTIONS, TARIFFS, ETC. 60 Whern reference is made in this tariff to items, sections, tariffs, etc., such references -are continuous and include supplements to and successive issues of such tariffs and reissue of such items, sections, etC SOON:, OF AUTHORITY 70 IRCC 57887: Irregular route common carrier permit to transport: Hazardous haste and Hazardous baterials, between the facilities of National Electric, Inc., at Lakeville, KN, and all points ).innesota. - 3 - Page 22 Item. RULES AND XECULATIUNS Tr.'Itti - TWIN CITIES Tne term "Twin 4:itiss" as used herein in connection with rates or charges includes the following points: 80 Brooklyn Center I►endota Richfield Cheaolite Siding kendota Township Robbinedale Columbia Heights kinneaPolis Roseville Crystal Minnesota Transfer St. Louis Park • . . . . gdiaa• . .-.Miamw.S4ate Fair.Grouada. - . St. Paul Falcon Heights korningside St. Paul Park • Fort Snelling Mounds View Township South St. Paul Fridley Township New Brighton Twin City Ordinance, Golden Valley New Hope Plant Hopkins New Canada Township St. Anthony Inver Grove Newport West St. Paul Lauderdale North St. Paul PEUITS, SPECIAL 90 When special permits are required as a result of applicable laws, the carrier will secure such special permits, when obtainable, and the cost thereof, including telephone or telegraph expenses incurred, plus a service charge of $10.00, will be made for securing each such permit. This charge shall be in addition to all other legally applicable charges. FREE •PI}E 100 One hour free time will be allowed for loading and one hour free time will be allowed for unloading. Time in excess of free time will be charged for at a rate of $15.00 for each 15-minutes or fraction thereof. • This space left blank intentionally. . • 4 • Page 23 TABLE Or IUTES AXD CHARGES Applicable to aro from Lakeville, 101 TABLE 1 Applies on Lass than Truckload la dollars vd.00futio per drr . . .t -tViljpi i . Q ALWIT7 DI1PA71Cs 1 to 5 6 to 10 11 to 20 21 to 40 41 to 80 Drum Drums Drums Drum Brame (Mit..) - 0 - 50 i 11.00 i 11.00 $ 5.50 i 2.75 i 1.40 51 - 100 25.00 20.00 17.00 8.25 4.10 101 - 150 33.50 30.50 27.50 13.75 6.90 . 151 - 200 44.50 41.50 38.50 19.25 9.65 201 - 250 55.50 52.50 49.50 24.75 12.40 . 251 - 300 66.50 63.50 60.50 30.25 15.15 301 - 350 77.50 74.50 71.50 35.75 17.85 351 - 400 88.50 , 85.50 82.5."► 41.25 1 20.60 L TABLE 2 ,Applicable on uckload' Tr attic In dollars and cents per mile CHARGE: $3.75 per loaded site This space left blank intentionally. Page 24 LIST OF STATE DEPARTMENT HAZARDOUS WASTE CONTACT PERSONS 1 . Department of Administration 9. Department of Jobs & Training Jim Johnson John Van Steensyk Materials Management Division Dept . of Jobs & Training Dept . of Administration Centennial Office Bldg. Room 112 Admin. Bldg. St . Paul , Mn. 55155 St . Paul, Mn. 55155 296-2640 296-3779 10 . Dept . of Natural Resources 2 . Department of Agriculture Terry Lahti , Safety Di:^ector Wallace S. Zick, Jr. , Senior Chemist Dept . of Natural Resources Department of Agriculture 500 Lafayette Rd. N. 90 W. Plato Blvd . St . Paul , Mn. 55146 St . Paul, Mn. 55107 297-4906 296-1535 imp Pollution Control Agency 3 . State Board for Community Colleges Ingrid Verhagen Don Wagner Mn . Pollution Control Agency Community College System 520 Lafayette Road 301 Capitol Square Bldg. St . Paul, Mn . 55155 St . Paul, Mn. 55101 296-7776 296-3759 12 . Dept . of Public Safety 4 . Department of Corrections Frank Dolejsi\ Don Tomsche Assistant Laboratory Director 300 Bigelow Bldg. Bureau of Criminal Apprehension 450 N. Syndicate 1246 University Ave. St . Paul, Mn. 55104 St . Paul, Mn. 55104 642-0239 642-0700 5 . Department of Education 13 . Dept . c Transportation George Fortmeyer Mark wikt .ius Department of Education G20 Transportation Bldg. Administrative Services St . Paul, Mn. 55155 740 Capitol Square 297-3590 St . Paul, Mn. 55155 14 . Veterans Affairs 296-8418 James Ertz 6. Department of Health Veterans Home Bob Hiller 51st and Minnehaha Ave . . Laboratory Division Minneapolis , Mn. 55417 Health Department 721-0635 717 Delaware S .E. 15 . Mn. Zoological Gardens Minneapolis , Mn. 55440 Don Appel 623-5241 Minnesota Zoo 7 . Historical Society 12101 Johnny Cake Ridge Rd . Ted Lofstrom Apple Valley, Mn. 55124 Fort Snelling _ 432-9010 Minneapolis , Mn . 55406 726-1171 8 . Department of Human Services Allan Van Buskirk Department of Human Services Centennial Office Bldg . St . Paul, Mn . 55155 296-8982 MEMO TO: MAYOR AND COUNCIL SUBJECT: JOINT POWERS AGREEMENT - HAZARDOUS WASTE DROP OFF DATE: JUNE 29, 1988 As you may recall, the City Council recently approved a policy whereby the City would no longer pickup hazardous waste. While the Council acknowledged it was necessary to adopt the policy because of changes in legislation, it also directed staff to work with the County to provide an alternative for disposal of household hazardous waste. Staff has met with the County, City of Lakeville and Aptus, Inc (hazardous waste processor of Lakeville) to discuss the matter. The result of this meeting is a Joint Powers Agreement which would provide for the drop off of household hazardous waste on July 15 and July 16, 1988 at Aptus, Inc. (south of Cedar Avenue and CSAH #70) . The City's responsibility would be to provide volunteers for taking surveys and staffing a recycling information booth. Bob Williamson has indicated that he would arrange to provide volunteers. Dave Grannis is presently reviewing the agreement and will offer his opinion at the meeting. It is recommended the agreement be approved contingent upon Dave Grannis' approval as to form. Larry Thompson City Administrator cc: Bob Williamson Tom Kaldunski file 4 DRAFTJOINT POWERS AGREEMENT This Agreement is entered into between the Dakota County Board of Commissioners (County) , State of Minnesota, and the Cities of Farmington and Lakeville, Minnesota, through their governing councils. WHEREAS, the County and Lakeville and Farmington desire to organize and implement a household hazardous waste collection (hereinafter "collection" ) program to be held for the benefit of the citizens of Lakeville and Farmington; and WHEREAS, Minnesota Statutes 5471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar powers; and WHEREAS, the County Board by Board Resolution No. authorized the county to enter into a joint powers contract for a household hazardous waste collection program; THEREFORE, the parties agree to organize and implement a household hazardous waste collection program subject to the following terms and conditions. 1. DEFINITIONS For purposes of this Agreement the terms defined in Minn. Stat. §115A.96 shall have the meanings given them therein except as limited, amended or otherwise defined in this Agreement. 2. TERM This Agreement shall be effective from the date of execution by all parties or the commencement of service hereunder, whichever is first, and shall continue until all services are completed unless terminated in accordance with paragraph 13 herein. Page 1 A 3. PURPOSE This Agreement shall establish the responsibilities of the parties in jointly organizing and implementing a household hazardous waste collection program for the residents of Farmington and Lakeville. Collection day is scheduled for July 16, 1988 and may be rescheduled as mutually agreed upon. 4. CONTRACTS WITH APTUS The packaging of wastes generated by this collection shall be governed by the terms of a separate contract between the County and Aptus. The analysis, storage, transportation and disposal of wastes generated by this collection shall be governed by Minnesota State Contract M-8475 which provides, by its terms, that the contract may be extended to political subdivisions of the state. Farmington and Lakeville acknowledge and agree to abide by the terms of said contracts. 5. SITE The collection site shall be located at Aptus Environmental Services, 21750 Cedar Avenue in the Airlake Industrial Park, Lakeville, MN 55044. 6 . DUTIES OF THE PARTIES Each party shall assist in the organizational duties associated with the collection including site set-up and coordination, volunteer coordination, publicity for the collection day, and a public participation survey. The County will be primarily responsible for delivery and sorting of waste. Farmington will be primarily responsible for educational activities and recycled materials. Lakeville will be primarily responsible for Page 2 traffic coordination and the public participation survey. Aptus will be providing personal safety equipment including gloves, boots, and hardhats for workers, and all other necessary operational equipment at the site including tables, fire extinguishers, dumpsters, chairs, directional signs, sanitary facilities and running water . 7 . WORKERS The County and Farmington and Lakeville shall each provide employees and/or volunteers to staff the collection site. All workers must be at least eighteen (18) years of age and will read and be familiar with the Pollution Control Agency document entitled "Household Hazardous Waste Collection Projects--Operations Manual" (HHWCP) prior to the collection day. Each worker must sign a statement acknowledging that he or she is familiar with the HHWCP and that he or she will follow the proper collection procedures. The HHWCP shall be present and easily accessible to all workers at the site. 8. HAZARDOUS WASTE GENERATOR NUMBER The County shall act as the hazardous waste generator for all household quantities of hazardous waste collected at the site during the collection program on the scheduled collection days except for the following waste materials: acids/bases, adhesives, aerosols, chlorinated solvents, and flammable solvents. Aptus shall act as the Hazardous Waste Generator for the above-mentioned materials. Page 3 9. COSTS A. Employees Each party shall be responsible for payment to their own employees. No party shall be liable for any renumeration to any other party's employee. B. Except as to the above, the County shall be responsible for all costs estimated not to exceed $10, 000 for packaging, storage, transportation and disposal of household hazardous waste collected under the provisions of this contract. 10. INDEMNIFICATION/LIABILITY Each party to this Agreement shall be liable for its own acts to the extent provided by law and hereby agrees that it will indemnify and hold the other parties and their officers, employees, agents, and volunteer workers harmless from any claims, suits, or damages resulting from or caused by any act of neglect, intentional tort, or omission of the party, its officers, employees, agents, or volunteer workers in the performance of the services provided for by this Agreement, except that it is understood and agreed that the limits of such indemnification shall not exceed the limits of the party' s applicable liability insurance, and/or the limits of its capacity to pay such indemnification without the necessity of levying a rate of taxes higher than the maximum prescribed by law, whichever is greater. 11. SUBCONTRACTING/SUCCESSORS A. Parties shall not enter into any subcontract for the performance of the services contemplated under this Agreement nor assign any interest in the Agreement without prior written consent Page 4 A of all parties and subject to such conditions and provisions as are deemed necessary. Such consent shall not be unreasonably withheld. The subcontracting or assigning party shall be responsible for the performance of its subcontractors or assignors unless otherwise agreed. B. Successors. Each party binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and assign of such other party, in respect to all covenants of this Agreement. 12. EXCUSED DEFAULT A. Force Majeure. No party shall be held responsible for delay or failure to perform when such delay or failure is due to any of the following unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, acts of public authorities, or delays or defaults caused by public carriers, provided the defaulting party gives notice as soon as possible to the other party of the inability to perform. 13. TERMINATION A. Any party may terminate this Agreement without cause by giving notice to the Chairperson of the County Board and the Chairperson of the official governing body of the Cities. The terminating party shall serve on the other parties a certified copy of the resolution of the governing board indicating its intent to terminate the Agreement. This notice shall be given at least ten Page 5 (10) days before the effective date of termination and in all cases at least ten (10) days before the scheduled collection date. B. Termination shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 14 . CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE A. All remedies available to either party for breach of this contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Contract shall not be exclusive and are in addition to any other rights and remedies provided by law. B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of the County and the Contractor . 15. LIAISON NOTIFICATION A. Liaison. To assist the parties in the day-to-day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by each party. The parties shall keep each other continually informed, in writing, of any change in the designated Page 6 liaison. At the time of execution of this Contract the following persons are the designated liaisons: County Liaison: George Kinney Phone number : 450-2793 Lakeville Liaison: Farmington Liaison: Phone number: Phone number: B. Notification. Notification required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. To Farmington: Name Address Phone Number To Lakeville: Name Address Phone Number To the County: Lyle D. Wray Name 1560 West Highway 55, Hastings, MN 55033 Address 438-4418 Phone Number Page 7 In addition, notification to the County regarding breach or termination shall be provided to the office of the County Attorney, 1560 West Highway 55, Hastings, MN 55033. 16. COMPLIANCE WITH REQUIREMENTS OF THE LAW The Cities and County agree to comply with all Federal, state and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Cities ' and County' s activities under the provisions of this Agreement. 17 . EQUAL EMPLOYMENT OPPORTUNITIES In all activities related to the terms of this Agreement, the Cities and County agree to comply with all Federal, state, and local laws, ordinances, rules, regulations, and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. 18 . ACCESS TO RECORDS/AUDITS A. The County and Cities shall have full access to all records relating to the performance of this Agreement pursuant to Minn. Stat . §16. 06, subd. 4. B. The County and Cities agree to maintain records relating to the terms of this Agreement, and shall retain all such documentation for three (3) years following the last date in which a household hazardous waste collection was held by the parties or following the termination of this Agreement, whichever is later. Such records shall be made available for audit or inspection at any Page 8 time upon request of the County or either City or its authorized representative. 19 . MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by authorized representatives of the County and Farmington and Lakeville. 20. MERGER This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supercede all prior negotiations, understandings or agreements. There are not representations, warranties, or stipulations, either oral or written, not herein contained. 21. SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and warrant and represent that the person whose signature appears below is authorized by law and all necessary corporate action to execute this contract, intending that it shall be legally binding upon them and their respective heirs, estates, successors and assigns. Approved as to form: COUNTY OF DAKOTA Assistant County Attorney/Date By Chairman Board of Commissioners Approved as to execution: Date of Signature Assistant County Attorney/Date Attest Auditor This instrument drafted by: Date of Signature . Approved by Dakota County Board FARMINGTON Resolution No. Dakota County Attorney' s Office Dakota County Government Center 1560 Highway 55 Hastings, Minnesota 55033 FARMINGTON Telephone: ( 612) 438-4438 By Title Date of Signature LAKEVILLE DRAFT By Title Date of Signature Page 10 C/K-88-222 AGENDA REQUEST FORM ITEM NO. IO ReLAALA.-- / NAME: Karen Finstuen IP �_, P� - DEPARTMENT: Administration90.ALA,Nayd1R- 4, W-ta DATE: June 24, 1988 MEETING DATE: July 5, 1988 ^-a ?fS CATEGORY: Miscellaneous SU3JECT: Wage Increase - Jeanne Stanek 6-44 ' EXPLANATION: REFERENCE MATERIALS/RESPONSIBILITY: Memo - Karen Finstuen Recommendation - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Wayne Henneke Finance SIGNATURE } MEMO TO: MAYOR AND COUNCIL SUBJECT: BUDGET ADJUSTMENT - PART TIME ADMINISTRATION DATE: JUNE 29, 1988 Attached please find a memo from the Deputy Clerk requesting an increase in the part time secretary's salary. Because Ms. Stanek has been with the City for 1i years without an increase, increased duties, and performance, I would recommend the Council approve her salary be increased to $7.00/hour. I have attached a budget adjustment for your consideration. ‘1 Larry 7omps�' i_ City Administrator cc: Karen Finstuen Wayne Henneke MEMO TO: LARRY THOMPSON SUBJECT: WAGE INCREASE - JEANNE STANEK DATE: JUNE 27, 1988 During the budget process last year, part time wages were not addressed. It now being mid-year and 1 years since Jeanne started, I feel this would be a good time to request an increase. Jeanne's duties are increasing regularly because of the massive work load in Engineering. She has completed the organization of plats and has done a very good job in that area. I recommend her hourly wage be increased to $7.00 per hour. 4(2._,_._ d)-) . Karen M. Finstuen Deputy Clerk • REQUEST FOR BUDGET ADJUSTMENT i I 19 eg I CURRENT I CURRENT I I ACCOUNT i DESCRIPTION I ORIGINAL I ADJUSTED IUNENCUMBERED THIS I NEW NUMBER I i BUDGET I BALANCE I BALANCE I ADJUSTMENT I BALANCE I I I I I I fol-y/.2- --710- mal -i syG9D ;- „5-,-/C90 ; � fi 7?0 i 6a vo - I - -)g o I I I I I I I 42„,0y.i.,, I I I I I I I I I I I I I I I I I II � I I I I ,g1,,.+-1. I I I I I I I I I i 1 I I I I i I 1 I I I 1 I I I I I I I I i I I I I I I i I I I i I i I I I I I I I I I ► I I I I I I I I I I I I I ► I i I I I i I 1 I I I I I i I i 1 i I I I I 1 I I I I t I I I I I i i I I I ► I I I I I I I I I I I I i I I I I ► I I i I I I I I i I I I I i I I I I I I I I I I I I I S777 , 9141-14,se,‘-iZ IGNATUR DATE APPROVED THIS DAY CF , 19