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Ordinance 1993-39 ORDINANCE NO. 9?7- - 3 Cf 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 INCORPORATED; 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 Incorporated (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. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 10th day of August, 1993. ATIEST: l!4s~'1{{M Mary Nich Is City Secretary CONTRACT THIS CONTRACT, made and entered into this day of August, 1993, by and between the City of Wylie, Texas, a Municipal Corporation of Collin County, Texas (hereinafter called the "City") and Browning-Ferris, Inc., (hereinafter called "Contractor"). WITNESSETH: WHEREAS, the parties hereto desire for Contractor to provide Refuse collection within the 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 The contractor is hereby granted a franchise, license and privilege with the territorial jurisdiction of the City and shall 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 Bw - 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 Bin - Metal receptacle designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. 19499 2.03 2.04 2.05 2.06 2,.07 2.08 2.09 2.10 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 or Containers, as the case may be. Bundle - Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length or 40 lbs. in weight. City - City of Wylie, Texas. Commercial and Industrial Refuse - All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. Commercial and Industrial Unit - All premises, locations or entities, public or private, requiring Refuse collection within the corporate limits of the City not a Residential Unit. Commercial Hand Collect Unit - A retail or light commercial type of business which generates no more than 12, 30-gallon bags of containers of refuse per week. Construction Debris - Waste building materials resulting from construction, remodeling, repair or demolition operations. 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 - 2 - 19499 2.11 2.12 2.13 2.14 2.15 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. Contractor - Browning-Ferris, Inc. Dead Animals - Animals or portions thereof equal to or greater than 10 lbs. weight that have expired from any cause, except those slaughtered or killed for human use. Disposal Site - A Refuse depository including but not limited to sanitary landfills, transfer stations, incinerators and waste processing/ separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive for processing or final disposal of Refuse and Dead Animals. Garbage - Any and all dead animals of less than 10 lbs. 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, used tin 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. 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 - 3 - 19499 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. 2.16 Landfill - A facility used by the contractor where trash and garbage are disposed of by burying between layers of earth. 2.17 Producer - An occupant of a Commercial or Industrial Unit or a Residential Unit who generates Refuse. 2.18 Recyclable Commodities - Material collected by the 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 limited to, newsprint, plastic (pet and hdpe), glass containers, aluminum cans and metal (tin) cans. 2.19 2.20 2.21 2.22 Recyclin~ Container - A plastic receptacle, designed for the purpose of curbside collection of recycling commodities, with minimum capacity of 18 gallons. 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. Residential Refuse - All Garbage and Rubbish generated by a Producer at a Residential Unit. Residential Unit - A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water - 4 - or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four 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. 2.23 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 mattresses, 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 sweeping, glass mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.24 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. 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. A copy of said performance standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 19499 - 5 - 4.00 COLLECTION OPERATION 4.01 Service Provided (a) (b) 19499 Contractor shall provide curbside collection servIce for the collection of Residential Refuse to each Residential Unit 1 time per week. Containers, Bags and Bundles shall be placed at curbside by 7:00 a.m. on the designated collection day. 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. The Contractor shall provide commercial hand collection service for commercial hand collect units as defined in 2.08 of definitions. (d) The Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter. Also, the Contractor may from time to time provide for the special collection of Dead Animals at Commercial and Industrial Units and Residential Units at its sole discretion and upon such terms and conditions as Contractor shall specify. (e) Contractor shall provide transportation of collected refuse to the landfill site for disposal, which responsibility is solely that of the landf111 operator. - 6 - 19499 (f) 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 the Contractor has no control. In the event of such a flood, tornado, or other Act of God, the Contractor and the City will negotiate the payment to be made to the Contractor, if the Contractor and the City agree that such increased volume is to be handled by the Contractor. Further, if the City and the Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the City Manager. 4.02 Location of Bins. Containers. Bags and Bundles for Collection (a) Each 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). 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, Containers, Bags and Bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Container, Bag and Bundle not so placed or any Residential Refuse not in a Bag. (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 - 7 - vehicles shall rest entirely on the pad while bin IS lifted and emptied. 5.00 COLLECTION OPERATION 5.01 Hours of Operation (a) Collection ufResidential Refuse shall not start before 7:00 a.m. or continue after 7:00 p.m. Exceptions to collection hours shall be affected only upon the mutual agreement of the 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 commercial and industrial refuse shall take place according to individual agreement. 5.02 Routes of Collection (a) 19499 Residential Unit and Commercial collection routes shall be established by the Contractor. Contractor shall submit a map designating the Residential Unit collection routes to the 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 the newspapers published in the immediate area. The published map shall be of such size to clearly show all pertinent information. The Contractor may from time to time propose to City for approval changes in routes or days of collection affecting Residential Units, which approval shall not be unreasonably withheld. Upon City's - 8 - 19499 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 the Contractor at its sole discretion. 5.03 Holidays - The following shall be holidays for purposes of this Contract: 5.04 5.05 New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection service on the holiday. If a holiday which Contractor chooses to observe falls on a Monday, collection will be made on Thursday of the same week; and if the holiday Contractor chooses to observe falls on a Thursday, collection will be made on Monday of the same week. Complaints - All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the Refuse not collected within 48 hours after the complaint is received. Collection Equipment - The 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 the Contractor. - 9 - 5..06 Office - The Contractor shall maintain an office or such other facilities within close proximity to the City through which they can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to 5:00 p.m. Monday through Friday. 5.07 Hauling - All Refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing are reasonably prevented. 5.08 Disposal - All Refuse collected for disposal by the Contractor shall be hauled to a Disposal Site. 5.09 Notification - The City shall notify all Producers at Residential Units about complaint procedure, rates, regulations, and day(s) for scheduled Refuse collection. 5.10 Point of Contact - All dealing, contacts, etc., between the Contractor and the City shall be directed by the Contractor to the City Manager or the City Finance Director and by the City to Contractor's District Manager or his/her designated Representative. 6.00 COMPLIANCE WITH LAW The Contractor shall conduct operations under this Contract in compliance with all applicable laws; provided, however, the General Specifications of this Contract shall govern the obligations of the Contractor where there exists conflicting regulations of the City on the subject. 19499 - 10 - 7.00 EFFECTIVE DATE This Contract shall become effective upon the execution hereof by all parties and upon such execution shall be retroactively effective to July 1, 1993. 8.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. 9.00 INDEMNITY The Contractor will indemnify and save harmless the 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 arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees or arising out of a claim that the City was not authorized to award this Contract or such was in conflict with the terms of a prior Contract executed by the City. 10.00 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City and by the State. 19499 - 11 - 11.00 TERM The contract shall be for a two (2) year period beginning July 1, 1993 and ending two (2) years thereafter. The initial term of this contract may be extended for successive additional one (1) year terms with the mutual agreement of both parties. 12.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Workmen's 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 the City and before commencement of work hereunder the Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. 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. " For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Worker's Compensation Employers Statutory Employer's Liability $500,000 Bodily Injury Liability Except Automobile $500,000 each occurrence $1 ,000,000 aggregate 19499 - 12 - Automobile Bodily Injury Liability $500,000 each person $1,000,000 each occurrence Automobile Property Damage Liability $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 with the result that the Contractor is its own insurer to the extent. The coverage may be provided by the contractor's parent corporation. The Contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self insurance. Any such self insurance plan will be subject to the approval of the City, and such approval shall not be unreasonably withheld. 12.01 Performance Bond - The Contractor will be required to furnish a corporate surety bond as security for th performance of this Agreement. Said surety bond may be in the amount of $100,000.00, with no pro rata reduction over the term of the Agreement. 12.02 Power of Attorney - Attorneys-in-fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. 13.00 BASIS AND METHOD OF PAYMENT 13.01 Collection and Disposal Rates (a) The rate for collection services required to be performed pursuant to Section 4.01 (a), (b) and (c) shall be the rates set forth in 19499 - 13 - Exhibit "A", attached hereto and made a part hereof, subject to adjustment in accordance with Section 13.02. (b) For special collection provided by the Contractor pursuant to Section 4.01 (d), the charges are to be negotiated between the Contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. (c) The Refuse collection charges provided by Sections 13.01 (a)-(c) shall include all disposal costs. 13.02 Modification to Rates - The 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 thereof; or (iii) increased costs due to changes in location of disposal facilities and/or increases in disposal costs. Should it's operation costs increase, the Contractor may petition the 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 by the City, which petition shall not be unreasonably denied. If recycling is included, and in the event any future federal, state and local law reduces the amount of recyclable material provided pursuant to this Contract for collection and disposal, then Contractor and the City shall mutually agree to modify the rates accordingly. 19499 - 14 - 19499 13.03 Contractor to Act as Collector - The Contractor shall submit statements to and collect from all Bin Type Commercial and Industrial Units for services provided pursuant to Sections 4.01 (c)-(d) (including Commercial Hand Collect and Shared Dumpsters). 13.04 Delinquent and Closed Accounts 13.05 (a) The Contractor shall discontinue Refuse collection service at any Residential Unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the Contractor shall resume Refuse collection on the next regularly scheduled collection day. The City shall indemnify and hold the Contractor harmless from any claims, suits, damages, liabilities or expenses (including but not limited to expenses of investigation and attorney's fees) resulting from the Contractor's discontinuing service at any location at the direction of the City. (b) The 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. Contractor Billings to City - The Contractor shall bill the City for service rendered to Residential Units within ten (10) days following the end of the month and the City shall pay the 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. The Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not the City collects from the customer for such service. - 15 - 14.00 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 the Contractor without the express written consent of the City, which consent shall not be unreasonably withheld; in the event of any assignment, the assignee shall assume the liability of the Contractor as though it was the original Contracting Party. 15.00 EXCLUSIVE CONTRACT The Contractor shall have the sole and exclusive franchise, license and privilege to provide refuse collection and removal and recycling collection within the corporate limits of the City. The Contractor shall at all times have the right to first refusal to the collection of dead animals and hazardous waste from residential units and from Commercial and Industrial Units. 16.00 OWNERSHIP Title to Refuse and Dead Animals and Recyclable Materials shall pass to the 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. 17.00 FRANCHISE FEE The Contractor shall pay to the City fifteen percent (15%) of all amounts received by the Contractor for all Bin Type Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 25th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. 19499 - 16 - 18.00 BOOKS AND RECORDS The 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, the 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 13.02. 19.00 TERMINATION FOR CAUSE If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, the City shall notify Contractor by registered or certified mail addressed to the Contractor at the address set forth herein of specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Contractor shall be allowed a thirty (30) day period from the date of receipt of said notice from City to remedy any failure to perform. Should the City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. A notice shall be sent to Contractor no earlier than 10 days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Should the City still deem Contractor to have failed in its performance, said hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall ge given full opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City 19499 - 17 - 20.00 21.00 22.00 19499 Council makes a finding that Contractor has failed to provide adequate refuse collection service for the City, or has otherwise substantially failed to perform its duties hereunder, the City Council may, by two-thirds vote, terminate this Contract. 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 prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: if to the City, at: P. O. Box 428 Wylie, Texas 75098 Attn: City Manager if to the Contractor, at: 4200 E. 14th St. PIano, Texas 75074 Attn: District Manager or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. AFPROV AL This Contract shall not be considered fully executed nor binding on the City or the Contractor until the same shall have been executed by the Contractor, the Mayor and the City Secretary of the City. AMENDMENT All provisions of this Contract shall be strictly complied with and conformed to by the Contractor, and no amendment to this Contract shall be made except upon. the - 18 - 23.00 24.00 25.00 26.00 19499 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, the 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 the 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 unenforceablity 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 26.01 Bin collection service for City of Wylie facilities shall be provided at no charge. - 19 - 26.02 Spring Clean-Up Campaign (a) Contractor shall provide ten (10) 30-cubic yard containers in multiple locations. (b) Contractor shall provide free collection and disposal up to 10 hauls of 30 cubic yards. IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agent, hereto affix our signatures and seals at Wylie, Texas, as of this _ day of August, 1993. CITY OF WYLIE, TEXAS A Municipal Corporation of Collin County, Texas SEAL of the City of Wylie, Texas By: Mayor and City Manager ATIEST: BROWNING-FERRIS, INC. By: . City Secretary District Manager 19499 - 20- ATTACHMENT A CITY OF WYLIE, TEXAS JULY REFUSE AND RECYCLING SERVICE 1993 RATE Residential - Single Family $8.30 Duplex Unit - Per Unit $8.30 Trailer Park - Per Unit $8.30 COMMERCIAL SERVICE Hand Collect 1. Less than 5, 30 gal. bags per week $ 15.72 2. 5 to 8, 30 gal. bags per week $ 29. 18 3. 9 to 12, 30 gal. bags per week $ 42.64 2 cu. yd. 1 x week $ 62.30 2 x week $101.25 3 x week $140.18 3 cu. yd. 1 x week $ 68.98 2 x week $111.26 3 x week $152.43 4 cu. yd. 1 x week $ 84.55 2 x week $124.62 3 x week $173.56 6 cu. yd. 1 x week $ 95.68 2 x week $159.11 3 x week $225.86 8 cu. yd. 1 x week $119.04 2 x week $189.19 3 x week $244.78 10 cu. yd. 1 x week $139.08 2 x week $235.87 3 x week $331.55 19499 - 21 - EXTRA PICKUPS 2, 3, 4, cu. yd. 6, 8, 10, cu. yd. $ 28.93 $ 34.30 SPECIAL CHARGES Compactor Containers (42 cu. yd.) Roll-Off Containers (30 cu. yd.) per haul Roll-Off Containers Daily Rental per day Delivery & Exchange of Roll-off Delivery & Exchange of Front Load Containers Return Check Charge Tires (each) $253.65 $226.97 $ 7.86 $ 78.74 $ 54.74 $ 15.20 $ 5.00 19499 - 22 - ATTACHMENT B 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: 1. Plastic bags, 1.4 mil. thickness, 30 gallons in capacity. 2. A watertight receptacle of a solid and durable grade and metal not to exceed thirty (30) gallons in capacity. 3. Disposable closed containers not greater than 2 feet X 2 feet X 4 feet. 4. Bundles of brush less than 4 feet in length that can be handled by one man and placed at the curb. 5. Maximum weight bag, bundle or container: 40 pounds each. E. Spillage: Any spillage caused by us will be picked up immediately. Spillage caused by others or by inadequate containers will be the residents' responsibility. 19499 - 23 - F. Brush and Bulky Item Collection 1. Small amounts of 1 cubic yard or less (approximately five bags or bundles) will be collected with regular residential collection at no charge. 2. Large amounts will be collected after regular collection is completed. Residents will be charged at the rate of $1.00 per minute for time spent on collection. Minimum charge will be $10.00. Only those residents calling Contractor's dispatch office to request collection will be scheduled. G. Commercial Hand Collection Customer with an average monthly volume exceeding six cubic yards will use container service unless there are extraordinary circumstances. Any dispute in average monthly volume will be submitted to City officials for decision. II. Residential Recycling A. Schedule: Once weekly on Wednesday. B. 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 cu. yd., 42 cu. yd. 19499 - 24 - B. Schedules Available: Five 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 three working days. E. Extra Collections: If notified by 10:00 a.m. of service day, extra pick up will be 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 remls. 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. G. Overfilled Containers: Container will not be emptied if a safety hazard exists. Customer will be contacted to remove excess. The pick up will be re-scheduled when excess refuse has been removed. 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 be charged. 19499 - 25 - 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 will not assist, an additional charge of $5.00 per month per container times number of pick ups 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 Finance Department and 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 Years, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pick ups scheduled for these days may be omitted, subject to the make up requirements set forth in Section 5.03 of the Agreement. 19499 - 26-