Ordinance 1995-24
ORDINANCE NO.
q s-dl
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, GRANTING A FRANCHISE
FOR REFUSE COLLECTION, REMOVAL AND DISPOSAL WITHIN THE CITY OF
WYLIE TO BROWNING-FERRIS INDUSTRIES; REPEALING ALL CONFLICTING
ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the City has recently negotiated a contract (Agreement) with Browning-Ferris
Industries (BFI) for refuse collection within the City on terms and conditions deemed to be
favorable to, and in the best interest of, the City; and,
WHEREAS, the City Council desires to implement and give effect to the Agreement by
providing for the execution and adoption thereof in the form of an ordinance granting such
franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, as follows:
SECTION I
The City of Wylie hereby grants a franchise for refuse collection, removal and disposal
within the City to Browning-Ferris Industries, on the terms and conditions of the Contract
attached hereto as "Exhibit A" and fully incorporated herein and made a part hereof by
reference.
SECTION II
The Mayor, the City Manager, and the City Secretary are hereby authorized and directed to
properly execute the original(s) of such agreement as the act and deed of the City.
SECTION III
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
� . k
SECTION iV
This ardinance shall be in full fc�rce and effect from and after its adoption by the City
Ccxmcil sud �lica�ion af iLs t�tion as tl�e law a�i the City Charb�r provide ia such �ases.
SECTION V
That a�i � ordinances and co+�e pr�visions in conflid herewith ar�e hereby repeal�d to the
exte.�t of any sueh conftict or incc�sis�ncy and all other provisians of the Wylie City C�ocie not
in c+�tflict he�,wvith s� res�ain in full fo�ce � effect.
SECTION VI
The repe�l of mty andinaBce, ar part� tt�eof, by the �t of this Ordinasce, shall nc�
be c�ed as abandaning �y a+ction now pending under or by virtue of such ordinaace; nor
� s�11 it h�tve tire effe�d of c�cc�iinu�ng� ab�n�� m�ifY�B'�' �� �Y P� ��g �'
i tv accnue, acn as effecting �y right� of the muni�ip�ity under any section or provisions of any
' ac� a� �e ti�e �f pa�ge t�f #�is .
i
DULY PASSED AND APPROVED by the City Cauncil af the City of Wylie, Te�caas, this
2Gtfi day of Se�emberr, 1995.
;
,
�'
;
' BY ,
J D. Swartz �
1 M�yc�'
�
�
#
{
' ATTFST:
S�n Sl�er
City Secretary
::;
i
.4
CONTRACT ,"
THIS CONTRACT, made and entered into this 1 ~;
~~?1"E.!(\.~t.(( 1995, by and between the City
Municipal Corporation of Collin County, Texas,
Browning-Ferris, Inc., ("Contractor").
day of
of Wylie, Texas, a
("city") and
WIT N E SSE T H:
WHEREAS, the parties hereto desire for Contractor to provide
Solid Waste and Recyclable Materials Collection within City and
to perform such work as may be incidental thereto in accordance
with the terms of this Contract.
NOW, THEREFORE, in consideration of the following mutual
agreements and covenants, it is understood and agreed by and
between the parties hereto as follows:
1. 00
GRANT
".
Contractor shall be granted the right in contracts with
city to provide refuse collection. Further, Contractor
is hereby granted a ninety-five percent (95%)
franchise, license and privilege within the territorial
jurisdiction of City and shall furnish all personnel,
labor, equipment, trucks and all other items necessary
to provide refuse collection, removal and disposal
services, and recycling collection as specified, and to
perform all of the work called for and described in the
Contract.
2.00
DEFINITIONS
2.01 Bags - Plastic sacks designed to store Refuse with
sufficient wall strength to maintain physical
integrity when lifted by the top. Total weight of
a bag and its contents shall not exceed 40 lbs.
2.02 Bins - Metal receptacles designed to be lifted and
emptied mechanically for use only at Commercial
and Industrial units.
2.03 Bulky Waste - Stoves, refrigerators, water tanks,
washing machines, furniture and other waste
materials other than construction debris, dead
animals, hazardous waste or stable matter with
weights or volumes greater than those allowed for
Bins, containers or Polycarts, as the case may be.
2.04 Bundle - Tree, shrub and brush trimmings or
newspapers and magazines securely tied together
SOLID W ASTTI AND RECYCLING CONTRACf - Page 1
hjll:\m1xD:4\wylK."\brown.co~
forming an easily handled package not exceeding
four feet in length or 40 pounds in weight.
2.05 city - The city of Wylie, Texas.
2.06 Commercial and Industrial Refuse - All Bulky
Waste, Construction Debris, Garbage, Rubbish and
Stable Matter generated by a Producer at a
Commercial and Industrial Unit.
2.07 Commercial and Industrial Unit - All premises,
locations or entities, public or private,
requiring Refuse collection within the corporate
limits of City and not a Residential unit.
2.08 Commercial Hand Collect Unit - A retail or light
commercial type of business which generates no
more than fourteen 30-gallon bags or containers of
refuse per week.
2.09 Commodity -~Material that can be sold in a spot or
future market for processing and use or reuse.
2.10 Commodity Buyer - A buyer or processor, selected
by Contractor pursuant to the Contract Documents,
of Recyclable Materials delivered by Contractor.
2.11 Construction Debris - Waste building materials
resulting from construction, remodeling, repair or
demolition operations.
2.12 container - A receptacle with a capacity of
greater than 20 gallons, but less than 35 gallons,
constructed of plastic, metal or fiberglass,
having handles of adequate strength for lifting
and having a tight-fitting lid capable of
preventing entrance into the container by vectors.
The mouth of a container shall have a diameter
greater than or equal to that of the base, The
weight of a container and its contents shall not
exceed 60 lbs.
2.13 Contractor - Browning-Ferris, Inc.
2.14 Dead Animals - Animals or portions thereof equal
to or greater than 10 pounds in weight that have
expired from any cause, except those slaughtered
or killed for human use.
2.15 Disposal site - A Refuse depository including, but
not limited to sanitary landfills, transfer
stations, incinerators and waste
processing/separation centers licensed, permitted
SOLID WASlE AND RECYCLING CONTRACf - Page 2
bjJ1:\mbm4\wylie\browo.c00,U83095
or approved by all governmental bodies and
agencies having jurisdiction and requiring such
licenses, permits or approvals to receive Refuse
and/or Dead Animals for processing or final
disposal.
2.16 Garbaqe - Any and all Dead Animals of less than 10
pounds in weight, except those slaughtered for
human consumption; every accumulation of waste,
(animal, vegetable and/or other matter) that
results from the preparation, processing,
consumption, dealing in, handling, packing,
canning, storage, transportation, decay or
decomposition of meats, fish, fowl, birds, fruits,
grains or other animal or vegetable matter
(including, but not by way of limitation, that
used in cans and other food containers; and all
putrescible or easily decomposable waste animal or
vegetable matter which is likely to attract flies
or rodents) { except (in all cases) any matter
included in 'the definition of Bulky Waste,
Construction Debris, Dead Animals, Hazardous
Waste, Rubbish or Stable Matter.
2.17 Hazardous Waste - Waste, in any amount, which is
defined, characterized or designated as hazardous
by the united states Environmental Protection
Agency or appropriate state agency by or pursuant
to Federal or State law, or waste, in any amount,
which is regulated under Federal or State law.
For purposes of this Contract, the term Hazardous
Waste shall also include motor oil, gasoline,
paint and paint cans.
2.18 Holidays - The following shall be holidays for the
purpose of this Contract: New Year's Day,
Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
2.19 Polycart container - A rubber-wheeled container,
having a maximum capacity of 95 gallons, designed
for automated or semi-automated solid waste
collection systems. Construction shall be
injection molded polyethylene.
2.20 Producer - An occupant of a Commercial Unit,
Industrial Unit or a Residential unit who
generates Refuse.
2.21 Recyclable Commodities - Material collected by
Contractor pursuant to the contract documents,
which can be sold in a spot or future market for
processing and use or reuse including, but not
SOLID WASTE AND RECYCLING CONTRACf - Page 3
bj,1:\mbox4\wyIie\browu.ex>0ft)83095
limited to, newsprint; magazines, plastic (PET and
HOPE), glass containers, aluminum cans and metal
(tin) cans.
2.22 Recyclinq container - A plastic receptacle
designed for the purpose of curbside collection of
recycling commodities, with minimum capacity of 18
gallons.
2.23 Refuse - This term shall refer to Residential
Refuse and Bulky Waste, Construction Debris and
Stable Matter generated at a Residential Unit,
unless the context otherwise requires, and
Commercial and Industrial Refuse.
2.24 Residential Refuse - All Garbage and Rubbish
generated by a Producer at a Residential unit.
2.25 Residential Unit - A dwelling within the corporate
limits of City occupied by a person or group of
persons comp~ising not more than four families. A
Residential unit shall be deemed occupied when
either water or domestic light and power services
are being supplied thereto. A condominium
dwelling, whether of single or multi-level
construction, consisting of four or less
contiguous or separate single-family dwelling
units, shall be treated as a Residential Unit,
except that each single-family dwelling within any
such Residential Unit shall be billed separately
as a Residential unit.
2.26 Rubbish - All waste wood, wood products, tree
trimmings, grass cuttings, dead plants, weeds,
leaves, dead trees or branches thereof, chips,
shavings, sawdust, printed matter, paper,
pasteboard, rags, straw, used and discarded
clothing, used and discarded shoes and boots,
combustible waste pulp and other products such as
are used for packaging or wrapping crockery and
glass, ashes, cinders, floor sweepings, glass
mineral or metallic substances and any and all
other waste materials not included in the
definitions of Bulky Waste, Construction Debris,
Dead Animals, Garbage, Hazardous Waste or Stable
Matter.
2.27 Stable Matter - All manure and other waste matter
normally accumulated in or about a stable, or any
animal, livestock or poultry enclosure, and
resulting from the keeping of animals, poultry or
livestock.
SOLUJ WASTE AND RECYCLING CONTRACf - Page 4
bj,1;\lnbOll:4\wylic\brown.~
3.00
SCOPE OF WORK
The work under this Contract shall consist of the items
contained in the Performance Standards, including all
the supervision, materials, equipment, labor and all
other items necessary to complete said work in
accordance with the Contract Documents. A copy of said
Performance Standards is attached hereto as Exhibit "B"
and made a part hereof for all purposes.
4.00
COLLECTION OPERATION
4.01 Service Provided
(a) Contractor shall provide curbside or alley
collection service for the collection of
Residential Refuse to each Residential unit
one (1) time per week. Polycart containers
shall be placed at curbside by 7:00 a.m. on
the designated collection day. All
Residert~ial Refuse shall fit into the
Polycart container with the lid closed.
(b) Contractor shall provide curbside collection
service for the collection of Recyclable
Materials from each Residential Unit one (1)
time per week. containers shall be placed at
curbside by 7:00 a.m. on the designated
collection day.
(c) Contractor shall provide Bin Collection
service for the collection of commercial and
Industrial Refuse to Commercial and
Industrial units according to individual
agreement. Contractor shall provide
Commercial Hand Collection service for
Commercial Hand Collect units as defined in
2.08 of definitions.
(d) Contractor shall provide for the special
collection from Residential units of Bulky
Waste, Construction Debris and Stable Matter.
Also, Contractor may from time-to-time
provide for the special collection of Dead
Animals and Hazardous Waste at Commercial and
Industrial units and Residential units at its
sole discretion and upon such terms and
conditions as Contractor shall specify. (See
paragraph 15.01(b)).
(e) Contractor shall provide transportation of
collected refuse to the landfill site for
SOLID WASrn AND RECYCLING CONTRACf - Page 5
bjl1:\ln00l4\wytie\brown.c0n,U83095
disposal, which responsibility is solely that
of the landfill operator.
(f) Contractor shall provide transportation and
processing of collected recyclables to the
Recyclery.
(g) The work under this Contract does not include
the collection and disposal of any increased
volume resulting from a flood, tornado or
similar or different Act of God over which
Contractor has no control. In the event of
such a flood, tornado or other Act of God,
Contractor and City will negotiate the
payment to be made to Contractor. Further,
if City and Contractor reach such an
agreement, then City shall grant Contractor
variances in routes and schedules as deemed
necessary by Contractor.
(h) Public~Education - Contractor shall be
responsible for developing and implementing a
public education plan to insure a smooth
transition for the new automated collection
system and to increase resident participation
in the recycling program. The program shall
include, but not be limited to, information
packets including a magnet with Contractor's
telephone number, a brochure outlining the
details of the automated collection system
and paid advertising with the local
newspaper. Additionally, Contractor will
supply speakers for presentations to civic
groups and schools. The BFI Recyclery will
be available for tours, and the MOBIUS
Curriculum will be made available to all
elementary teachers of grades 4 through 6.
4.02 Location of Polvcarts. Bins. containers. Baqs and
Bundles for Collection
(a) Each Polycart container, Bag, Recycling
container and Bundle shall be placed at
curbside for collection. Curbside refers to
that portion of right-of-way adjacent to
paved or traveled City roadways (including
alleys). Polycarts, containers, Bags and
Bundles shall be placed as close to the
roadway as practicable without interfering
with or endangering the movement of vehicles
or pedestrians. When construction work is
being performed in the right-of-way,
Polycarts, containers, Bags and Bundles shall
SOUD WASTE AND RECYCLING CONTRACf - Page 6
bjll:~box4\wytie\brown.~
be placed as close as practicable to an
access point for the collection vehicle.
Contractor may decline to collect any
Polycart, container, Bag and Bundle not so
placed or any Residential Refuse not
contained in a Polycart.
(b) Contractor shall provide Bins for Commercial
and Industrial Units whenever customers
request their use. Each Bin shall be placed
in an accessible, outside location on a
concrete pad according to individual
agreement. Contractor may decline to collect
Refuse in Bins not so placed. Placement of
bin and size/construction of concrete pad
shall be such that the front wheels of
collection vehicles shall rest entirely on
the pad while bin is lifted and emptied.
5.00
COLLECTION OPERATION
\
-
5.01 Hours of Operation
(a) Collection of Residential Refuse shall not
start before 7:00 a.m. or continue after 7:00
p.m. on the same day. Exceptions to
collection hours shall be affected only upon
the mutual agreement of City and Contractor
or when Contractor reasonably determines that
an exception is necessary in order to
complete collection on an existing collection
route due to unusual circumstances.
(b) Collection of residential brush and bulky
waste, commercial and industrial refuse shall
take place according to individual agreement.
5.02 Routes of Collection
(a) Residential Unit and Commercial collection
routes shall be established by Contractor.
Contractor shall submit a map designating the
Residential unit collection routes to City
for their approval, which approval shall not
be unreasonably withheld. City shall publish
at its expense at least once during each
calendar year a map of such Residential Unit
collection routes in a newspaper published in
the immediate area. The published map shall
be of such size to clearly show all pertinent
information. Contractor may from time-to-
time propose to City for approval, changes in
routes or days of collection affecting
SOLID WASTE AND RECYCLING CONlRACf - Page 7
hj,1:\lnbm4\wyIie\brown.~
Residential Unit~, which approval shall not
be unreasonably withheld. Upon City's
approval of the proposed changes, City shall
promptly give written or published notice to
the affected Residential Units.
(b) Commercial and Industrial unit collection
routes shall be established by Contractor at
its sole discretion.
5.03 Holidavs
Contractor may decide to observe any holidays as
defined herein, but such decision does not relieve
Contractor of his obligation to provide Refuse
collection service at Residential units at least
once per week.
5.04 Complaints - All complaints shall be made directly
to Contractor and shall be given prompt and
courteous at~ention. In the case of alleged
missed scheduled collections, Contractor shall
investigate and, if such allegations are verified,
shall arrange for the collection of the Refuse not
collected within 24 hours after the complaint is
received. Contractor shall be responsible for
maintaining a log of complaints and inquiries and
provide it to City on a monthly basis with copies
of all complaints and inquiries indicating the
date and hour of the complaint, nature of the
complaint and inquiries and the manner and timing
of its resolution.
5.05 Collection Eauipment - Contractor shall provide an
adequate number of vehicles for regular collection
services. All vehicles, Bins and other equipment
shall be kept in good repair, appearance and in a
sanitary condition at all times. Each vehicle
shall have clearly visible on each side the
identity and telephone number of Contractor. Bins
for food service establishments shall be exchanged
at least one time per year.
5.06 Office - Contractor shall maintain an office or
such other facilities within close proximity to
City through which they can be contacted.
Contractor shall secure an annual listing in the
appropriate telephone directory under the name by
which it conducts business in City. In addition,
the listed telephone number shall be attended by a
telephone answering machine, which will record
calls received after normal business hours. It
shall equipped with sufficient telephones, and the
SOLID W~ AND RECYCLING CmITRACf - Page 8
bjll:\mbalt4\wyl.ie\brown.coo,1)83095
office shall be staffed with sufficient, competent
personnel to handle calls and inquiries during the
office hours, which are 8:00 a.m. to 5:00 p.m.
Monday through Friday, excluding holidays as
defined in this Contract.
5.07 Non-Collection - Should a dispute arise between
City, Contractor and/or a customer as to whether
Contractor actually failed to make a collection
(whether Contract missed a pick-up), the decision
of city's Mayor in such matter shall be final, and
City and Contractor agree to abide by said
decision. Contractor shall also provide notice to
the customer of the reason for such non-collection
(unless such non-collection is a result of the
customer's failure to timely place the refuse or
containers out for collection). Contractor's
notice to the customer shall be in writing,
attached to the container or the front door of the
residence or commercial business and shall
indicate th~_nature of the violation and the
correction required in order that such garbage may
then be collected at the next regular collection
date.
5.08 Interruption of Service - In the event that the
collection and disposal of acceptable waste should
be interrupted by any reason for more than forty-
eight (48) hours, City shall have the right to
make temporary independent arrangements for
purposes of continuing this necessary service to
its residents in order to provide and protect the
public health and safety, and Contractor shall pay
to City all costs and expenses associated
therewith within ten (10) days of notice of the
costs and expenses. If the interruption of
service mentioned above continues for a period of
seventy-two (72) hours and is not the result of a
force majeure, then City shall have the right to
terminate this Contract.
5.09 Haulinq - All Refuse hauled by Contractor shall be
contained, tied or enclosed so that leaking,
spilling or blowing are reasonably prevented.
5.10 Disposal - All Refuse collected for disposal by
Contractor shall be haul to a Disposal site.
5.11 Notification - City shall notify all Producers at
Residential units about complaint procedures,
rates, regulations and day(s) for scheduled Refuse
collection.
SOLID WASTE AND RECYCLING CONTRACf - Page 9
hjl1:\tnbox4\wylie\brown.~
5.12 Point of Contact - All dealing, contacts, etc.,
between Contractor and City shall be directed by
Contractor to the City Manager or the City Finance
Director.
6.00 COMPLIANCE WITH LAW
Contractor shall conduct operations under this Contract in
compliance with all applicable laws.
7.00 EFFECTIVE DATE
This Contract shall become effective upon the execution
hereof by all parties and performance shall begin on
September 1, 1995.
8.00 NONDISCRIMINATION
Contractor shall not discriminate against any person because
of race, sex, age, creed, color, religion or national
origin. ~
9.00 INDEMNITY
Contractor will indemnify and save harmless City, its
officers, agents, servants and employees from and against
any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses and attorneys' fees
incident to any work done in the performance of this
Contract arising out of any act or omission of Contractor,
its officers, agents, servants and employees; provided,
however, that Contractor shall not be liable for any suits,
actions, legal proceedings, claims, demands, damages, costs,
expenses and attorneys' fees arising out of any act or
omission of City, its officers, agents, servants and
employees.
10.00
INDEPENDENT CONTRACTOR
Contractor is and shall at all times be deemed to be an
independent contractor and shall be wholly responsible
for the manner in which it performs the services
required of it under the terms of this Contract.
Nothing herein contained shall be construed as creating
a relationship of employer and employee, or principal
and agent, between City and Contractor or any of
Contractor's agents or employees. Contractor assumes
exclusively the responsibility for its acts and the
acts of its employees as they relate to the services to
be provided during the course and scope of their
employ. Contractor, its agents and employees, shall
not be entitled to any rights or privileges of city's
SOLID WASTE AND RECYCLING CONTRACf - Page 10
bjJI:\mbox4\wylic\brown.coMl83095
employees and shall not be "considered in any manner to
be a City employee(s).
11. 00
LICENSES AND TAXES
Contractor shall obtain all licenses and permits (other
than the license and permit granted by the Contract)
and promptly pay all taxes required by City and by the
State.
12.00
TERM
The contract shall be for a five (5) year period
beginning September 1, 1995 and ending five (5) years
thereafter; except for earlier termination as provided
herein. The initial term of this contract may be
extended for successive additional five (5) year terms
with the mutual agreement of both parties.
13.00
INSURANCE
\
Contractor shall at all times during the Contract
maintain in full force and effect Employer's Liability,
Workers' Compensation, Public Liability and Property
Damage Insurance, including contractual liability
coverage for the provisions of Section 9.00. All
insurance shall be by insurers and for policy limits
acceptable to City; and before commencement of work
hereunder, Contractor agrees to furnish to City
certificates of insurance or other evidence
satisfactory to City to the effect that such insurance
has been procured and is in force. The policy or
policies shall name City as additional insured, to the
extent of Contractor's indemnification herein. The
certificates shall contain the following express
obligations:
This is to certify that the policies of
insurance described herein have been issued
to the insured for whom this certificate is
executed and are in force at this time. In
the event of cancellation or material change
in a policy affecting the certificate holder,
thirty (30) days prior written notice will be
given the certificate holder and City. city
may require that the limits stated herein be
raised in the event liability of municipal
governments is increased by case law,
amendment to current statutes or any other
state or federal legal requirements.
SOLID W AS1l~ AND RECYCI.ING CONTRACf - Page 11
bjll:\m1xK4\wylie\bmwn.~
For the purpose of the Contract, Contractor shall carry
the following types of insurance in at least the limits
specified below:
Worker's Compensation
statutory
Employer's Liability
$500,000.00
Bodily Injury Liability
Except Automobile
$500,000 each occurrence
$1,000,000 aggregate
Property Damage Liability
Except Automobile
$500,000 each occurrence
$500,000 aggregate
Automobile Bodily Injury
Liability
$500,000 each person
$1,000,000 each occurrence
Automobile Property Damage $500,000 each occurrence
Excess Umbrella Liability $5,000,000 each occurrence
~'.
As an alternative to the above, Contractor may insure
the above public liability and property coverage under
a plan of self-insurance. Each insurance policy with
respect to public liability insurance may provide for a
self-insured retention of an amount of $250,000.00 with
the result that Contractor is its own insurer to the
extent the coverage may be provided by Contractor's
parent corporation. Contractor agrees to furnish city
with certificates satisfactory to City evidencing such
plan of self-insurance.
14.00
BOND
14.01
Performance Bond - Contractor will be
required to furnish a corporate surety bond
as security for the performance of this
Agreement. Said surety bond must be in the
amount of $100,000.00, with no pro-rata
reduction over the term of the Agreement.
The surety on the bond must be a duly
authorized corporate surety company
authorized to do business in the state of
Texas and approved by City.
14.02
Power of Attornev - Attorneys-in-fact who
sign performance bonds or contract bonds must
file with each bond a certified and
effectively dated copy of the Power of
Attorney.
SOLID WASTE AND RECYCLING CONTRACf - Page 12
bjl1:\roboK4\wylic:\brown.c00,U83095
15.00
BASIS AND METHOD OF PAYMENT"
15.01
15.02
(a)
(b)
( c)
(d)
Collection and Disposal Rates
The rate for collection services required to
be performed pursuant to sections 4.01 (a),
(b) and (c) shall be the rates set forth in
Exhibit "A", attached hereto and made a part
hereof, subject to adjustment in accordance
with section 15.02.
For special collection provided by Contractor
pursuant to section 4.01 (d), the charges are
to be negotiated between Contractor and
Producer prior to collection. If agreement
cannot be reached, the matter may be
submitted to City for determination of a
reasonable fee.
The Refuse collection charges provided by
sections_ .01 (a)-(c) shall include all
disposal costs.
In the event that any Commodity collected
shall not be marketable for a period of 60
days or longer, City and Contractor, upon
mutual agreement, shall eliminate that
Commodity from the Recyclable Materials
program and this Contract.
Modification to Rates - Contractor may adjust
the rates contained herein during the term of
this Agreement to fully cover increases in
costs resulting from (i) changes in any laws,
ordinances, regulatory requirements or
guidelines (including changes in construction
or interpretation thereof or change in the
manner or method of enforcement thereof);
(ii) orders, judgments or directives of any
court or governmental body of instrumentality
thereto; or (iii) increased costs due to
changes in location of disposal facilities
and/or increases in disposal costs.
Should its operation costs increase,
Contractor may petition City for rate
adjustments no more than once every 12 months
during the term of this Contract. Any
proposed rate adjustment shall be submitted
to City as soon as practicable and be
accompanied by adequate cost justification
and documentation to allow for proper review
SOLID WASTE AND RECYCLING CON"IRACf - Page 13
hjll:\mbax4\wy6e\brown"~
by City, which petition shall not be
unreasonably denied.
In the event City does not believe there is
adequate cost justification and documentation
to allow for a cost increase, City may deny
Contractor's request for an operational cost
increase.
15.03 Contractor to Act as Collector - Contractor
shall submit statements to and collect from
all Commercial and Industrial units for
services provided by Contractor pursuant to
section 4.01 (c) (including Commercial Hand
Collect and Shared Dumpsters) .
15.04 Delinquent and Closed Accounts
(a) Contractor shall discontinue Refuse
collection service at any Residential unit as
set for~h in a written notice sent to it by
City. Upon further notification by City,
Contractor shall resume Refuse collection on
the next regularly scheduled collection day.
City shall indemnify and hold Contractor
harmless from any claims, suits, damages,
liabilities or expenses (including, but not
limited to, expenses of investigation and
attorney's fees) resulting from Contractor's
discontinuing service at any location at the
direction of City.
(b) Contractor shall have the right to
discontinue Refuse collection service at any
Commercial and Industrial Unit, Commercial
Hand Collect or Shared Dumpster delinquent in
its payments.
15.05 Contractor Billinqs to city - Contractor
shall bill City for service rendered to
Residential Units within ten (10) days
following the end of the month, and City
shall pay Contractor on or before the 15th
day following the receipt of the invoice.
Such billing and payment shall be based on
the price rates and schedules set forth in
the Contract Documents. Contractor shall be
entitled to payment for services rendered to
Residential Units irrespective of whether or
not City collects from the customer for such
service.
SOLID WASTE AND RECYCLING CONTRACf - Page 14
bjll:'llnbm4\wytie\bmwn.~
16.00
TRANSFERABILITY OF CONTRACT
Other than by operation of law, no assignment of the
Contract or any right accruing under this Contract
shall be made in whole or in part by Contractor without
the express written consent of City. In the event of
any assignment, the assignee shall assume the liability
of Contractor as though it was the original Contracting
Party.
17.00
EXCLUSIVE CONTRACT
Contractor shall have a ninety-five (95%) franchise,
license and privilege to provide refuse collection and
removal and recycling collection within the corporate
limits of city.
18.00
OWNERSHIP
Title to Refuse Qead Animals and Recyclable Materials
shall pass to Contractor when placed in Contractor's
collection vehicle, removed by Contractor from a Bin or
container or removed by Contractor from the customer's
premises, whichever last occurs.
19.00
FRANCHISE FEE
Contractor shall pay to City fifteen percent (15%) of
all amounted received by Contractor for all Commercial
and Industrial Refuse collection and disposal services
provided pursuant to this Contract. Such payment shall
be made to City on or before the 25th day of each month
for amounts received by Contractor for the performance
of services during the immediately preceding month.
20.00
BOOKS AND RECORDS
City and Contractor agree to maintain at their
respective places of business adequate books and
records relating to the performance of their respective
duties under the provisions of this Contract, and such
books and records shall be made available at any time
during business hours for inspection by the other
party, at the inspecting party's expense, upon
reasonable advance notice; provided, however, City may
not inspect or audit any books and records pertaining
to the cost of Contractor's operations, except to the
extent pertaining to increases in the fees which may be
charged by Contractor under section ___.02.
SOLID WASJr. AND RECYCLING CONlRACf - Page 15
hji1:\mbox4\wylic\brown.con,1)83095
21. 00
REVOCATION
In the event of an alleged breach by Contractor of any
of the terms, covenants or conditions contained herein,
City shall notify Contractor in writing by certified
mail of such alleged breach, and if the same is not
cured within fifteen (15) working days from such
notice, City may, after a hearing as described herein,
determine that a breach has occurred and remains
uncured, and, therefore, cancel and revoke this
Contract.
The hearing prerequisites to such revocation shall not
be held until notice of such hearing has been given to
Contractor at the address shown herein, and a period of
at least ten (10) days has elapsed since the mailing of
such notice. The notice shall specify the time and
place of the hearing and shall include the alleged
reasons for cancellation and revocation of this
Contract. The hearing shall be conducted in open
session by the City Council of City, and Contractor
shall be allowed to present evidence to answer such
allegations as set out in the notice. If, after the
hearing is concluded, the City Council of city
determines that a breach of the terms, covenants or
conditions of this Contract has occurred and remains
uncured, the City Council of City may revoke and cancel
this Contract and same shall be null and void.
22.00
NOTICES
Any notice required or permitted to be delivered
hereunder shall be in writing and shall be deemed to be
delivered when deposited in the united States mail,
postage pre-paid, certified mail, return receipt
requested, addressed to the respective party of the
address set forth below:
If to City:
Attention: City Manager
P.O. Box 428
Wylie, Texas 75098
If to Contractor:
Attention: District Manager
4200 E. 14th Street
PIano, Texas 75074
or such other addresses as the parties may hereafter
specify by written notice delivered in accordance
herewith.
SOLID WAS'm AND RECYCLING CONTRACl' - Page 16
bjJ1:Vnbox4\wylie\bmwn.~
23.00
24.00
25.00
26.00
27.00
28.00
APPROVAL
This Contract shall not be considered fully executed
nor binding on City or Contractor until the same shall
have been executed by Contractor, the Mayor and the
City Secretary of City.
AMENDMENT
All provisions of this Contract shall be strictly
complied with and conformed to by Contractor, and no
amendment to this Contract shall be made except upon
the written consent of the parties. No amendment shall
be construed to release either party from any
obligation under this Contract except as specifically
provided for in such amendment.
FORCE MAJEURE
Notwithstanding anything herein to the contrary,
Contractor shall 'not be liable for the failure to
perform its duties if such failure is caused by a
catastrophe, riot, war, governmental order or
regulation, strike, fire, accident, Act of God or other
similar or different contingency beyond the reasonable
control of Contractor.
SEVERABILITY
In the event that any provision or portion thereof of
any Contract Document shall be found to be invalid or
unenforceable, then such provision or portion thereof
shall be performed in accordance with the applicable
laws. The invalidity or unenforceability of any
provision or portion of this Contract shall not affect
the validity or enforceability of any other provision
or portion of this Contract.
ENTIRE CONTRACT
This Contract constitutes the entire understanding
between the parties hereto and cancels and supersedes
all prior negotiations, representations, understandings
and agreements, either written or oral, with respect to
the subject matter hereof.
SPECIAL PROVISIONS
28.01
city Facilities - Bin collection service for
City facilities shall be provided at no
charge.
SOLID WAS'm AND RECYCLING CONTRACf - Page 17
hjJ1:'''Dbax4\wyIic\brnwn.~
28.02 Sprinq Clean-Up Campaign
(a) Contractor shall provide up to ten (10) 30-
cubic yard containers at a centralized Spring
Clean-Up site. A minimum of eight containers
shall be maintained on site at all times.
(b) Contractor shall provide free collection and
disposal to City, up to a maximum of 25 hauls
of 30 cubic yards.
28.03 Pavement Damaqe in Allevs
(a) Prior to the effective date of this Contract,
a photographic survey shall be performed by
representatives of City and Contractor to
document all existing pavement damage in
alleys. All such documented pavement damage
shall be exempt from this provision of the
Contract.
".
(b) Contractor shall be responsible for the
repair of damage to paved surfaces in alleys
when such damage is caused by Contractor's
collection equipment. Substantiation of
cause shall be by mutual agreement of both
parties.
(c) Within thirty (30) days after receipt of a
notice of damage, pending substantiation of
cause and mutual agreement of both parties as
outlined in section .03 (a), Contractor
shall arrange for satisfactory repair of the
alley pavement or repairs will be performed
by City forces and City reimbursed on a time
and materials basis. Reimbursement for
materials and labor shall be in the form of a
credit on Contractor's next monthly billing
for Residential collection service.
28.04 Contract Performance Review
(a) Contractor's representatives shall meet with
City's staff quarterly in order to review
contract performance. Contractor shall
notify City of the proposed time and place of
such meetings, and meetings will be scheduled
by mutual agreement.
(b) Contractor's representatives shall meet once
a year with the city Council for purposes of
an annual contract performance review.
SOLID WASTE AND RECYQ.ING CONTRACf - Page 18
bjll:\mbox4\wylie\brown.~
IN WITNESS WHEREOF, we, the contracting parties, by our duly
authorized agent, hereto affix our signatures and seals as of
this day of 1995.
ti4J~':;S:~' .. ....
(S4(L ~Ei~e c~t~
~of Wy~i~Texas~
\ t;,~""'CO"~>_/'/' ,.,;,~/E;'
':}~ YL 1'= -\'2,".<'>'
'1JI.~!}J/:;j:: i~;; ~ ~:.~:;.\\\<,':-\" .
CITY OF WYLIE, TEXAS
A Municipal Corporation of
cOllin~unty. T as
ATTEST:
~~/J
/Ci ty Secretary
\
By:
A~J.k
SOLID WASl~ AND RECYCLING CONTRACT - Page 19
hjA:'D1bol1:4\wytic\brown.~
ATTACHMENT'A
THE CITY OF WYLIE, TEXAS
REFUSE AND RECYCLING SERVICE:
Residential - Single Family
Duplex unit - Per Unit
Trailer Park - Per unit
Additional Polycart, Per Unit
(Up to 50 Users)
COMMERCIAL SERVICE:
Commercial Hand Collect
Additional Polycart
2 cu. yd.
'\
3 cu. yd.
4 cu. yd.
6 cu. yd.
8 cu. yd.
EXTRA PICKUPS:
2, 3, 4 cu. yd.
6, 8 cu. yd.
SOLID WASTE AND RECYO.lNG CONTRACf - Page 20
bjll:\mbm4\wyIie\brown.~s
SEPTEMBER
1995 RATE
$ 7.39
$ 7.39
$ 7.39
$ 2.25
2 x week $ 10.00
$ 3.50
1 x week $ 37.00
2 x week $ 79.00
3 x week $105.00
1 x week $ 51. 00
2 x week $ 95.00
3 x week $147.00
1 x week $ 76.00
2 x week $121. 00
3 x week $171.00
1 x week $ 89.00
2 x week $145.00
3 x week $215.00
1 x week $109.00
2 x week $187.00
3 x week $249.00
$ 28.00
$ 32.00
SPECIAL CHARGES:
Compactor containers (42 cu. yd.) Per Haul
(includes disposal) (Plus equipment rental)
Tires (each)
",
$250.00
$225.00
$ 7.00
$ 75.00
$ 50.00
$ 60.00
$ 15.00
$ 5.00
Roll-Off containers (30 cu. yd.) Per Haul
(includes disposal)
Roll-Off Containers (30 cu. yd.) Daily Rental
Per Day
Delivery & Exchange of Roll-Off
Delivery & Exchange of Front Load containers
Polycart Purchase Price
Return Check Charge
SOLID WASTE AND RECYOJNG CONTRACf - Page 21
hj,1:\m1xK4\wylie\brown.~
ATTACHMENT'B
THE CITY OF WYLIE, TEXAS
PERFORMANCE STANDARDS
I. Residential and Commercial Hand Collection
A. Schedule: Once weekly.
B. Hours of Operation: 7:00 a.m. - 7:00 p.m.
C. Placement: Curbside or Alley.
D. Approved Containers:
Polycart Containers, 95 gallons in capacity, maximum
weight 175 pounds. All refuse must fit inside the
polycart with the lid closed; nothing outside the
polycart will be collected with the regularly scheduled
weekly service. Plastic bags may be used inside the
polycart.
....
E. Spillage: Any spillage caused by Contractor will be
picked up immediately. Spillage caused by others or by
inadequate containers will be the producer's
responsibility.
F. Brush and Bulky Item Collection
Special collection of brush and bulky items (as defined
in Paragraph 2.03 of the Contract) will be made
available to Residents at the rate of $1.50 per minute
for time spent on collection, with a minimum charge of
$15.00 per collection. Residents must call
Contractor's dispatch office to schedule collection.
SOLID WASfE AND RECYCLING CONTRACf - Page 22
hjl1:\mbax4\wylit:\brown.~
G. Commercial Hand Collection
Customers with an average weekly volume exceeding 2
polycarts twice a week will be required to use
container service unless there are extraordinary
circumstances.
Any dispute in average weekly volume will be submitted
to city officials decision.
II. Residential Recycling
A. Schedule: Once weekly.
B. Hours of Operation: 7:00 a.m. - 7:00 p.m.
C. Placement: Curbside or Alley.
D. Approved containers:
1. 18 gallon plastic bin.
2. Additional bins may be purchased from Contractor
,
by Producer."_
III. Commercial container Collection
A. container size Available: 2 cu. yd., 3 cu. yd., 4 cu.
yd., 6 cu. yd., 8 cu. yd., 30 c yd., 42 cu. yd.
B. Schedules Available: Up to three times weekly.
C. Hours of Operation: 7:00 a.m. - Completion.
D. New Service: A listing will be maintained in the yellow
pages. Requests for new service will be filled within
five working days.
E. Extra Collections: If notified by 10:00 a.m. on service
day, extra pick up will performed that day. After
10:00 a.m., we will attempt to make the pick up that
day. If unable, it will be made the following service
day. There is a charge for extra pickups and refills.
F. Blocked containers: If access to a container is
blocked, the driver will radio our dispatcher. A call
will be placed to the location describing the
obstruction. The driver will wait until the customer
is contacted and the obstruction cleared. If not
cleared, the driver will proceed on route. Customer
may call in for an extra pickup, if desired, when
access is clear. Customer will be charged for extra
pickups.
G. Overfilled.Containers: container will not be emptied if
a safety hazard exists. Customer will be contacted to
SOLID WASTE AND RECYU.ING CONTRACf - Page 23
bjl1:~bOIl4\wylie\bmwn.roMl8309S
remove excess. An extra pickup will be re-scheduled
when excess refuse has been removed. Customer will be
charged for extra pickups.
H. container Maintenance: Containers that have been
damaged will be exchanged or repaired within 5 working
days of notification. If the damage is not due to our
servicing or a defect in materials and workmanship, a
fee will be charged to the customer. The amount will
depend on the repairs needed. All containers will be
exchanged at reasonable intervals to maintain a good
appearance considering type of refuse generated, normal
wear and weathering. If an unsightly condition
develops due to fire, paint or other causes beyond our
control, the container will be exchanged upon the
request of the customer. A maximum of $50.00 for
refurbishing will bc charged. Containers at food
service establishments shall be exchanged at least one
time per year.
I. Gates and Enclosures: Assistance will be requested for
opening and closing gates at those locations which
desire to place containers in enclosures. If customer
does not assist, an additional charge of $5.00 per
month per container times number of pickups per week
will be added.
J. Odor and Insect Control: The customer will be
responsible for odor and insect control in and around
containers.
K. Casters: Casters are not available on our containers.
L. Non-Payment: Customers will be notified in writing when
30 days past due. If unpaid after 45 days, customer
will be notified in writing that service is being
suspended until account is paid in full. A copy will
be sent to the Finance Department and City Code
Enforcement. If a customer is suspended twice, a
deposit in the amount of one month's average billing
will be required to re-establish service. This deposit
will be refunded after one year of prompt payments by
customer.
IV. General
A. Office Hours: 8:00 a.m. - 5:00 p.m. Monday - Friday.
B. Holidays: New Year's Day, Memorial Day, July 4th, Labor
Day, Thanksgiving, Christmas. Pickups scheduled for
these days may be omitted by Contractor; however,
refuse collection service at residential units will be
performed no less than once per week.
SOLID WASlF. AND RECYCLING CONTRACf - Page 24
bV1:wbOll:4\wylie\bmwn.~