Ordinance 2000-12
ORDINANCE NO. MO{) - (Z/
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, GRANTING A FRANCHISE FOR
THE COLLECTION, REMOVAL AND DISPOSAL OF SOLID WASTE AND
RECYCLABLE COMMODITIES 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 the collection of solid waste and recyclable commodities 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 the collection, removal and disposal of solid waste
and recyclable commodities 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.
Ordinance No.:2c<JO-!~
Page 1
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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That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent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, or 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 8th
day of August, 2000.
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Ordinance No~OOO,1 ~
Page 2
SOLID WASTE & RECYCLING CONTRACT
BETWEEN
THE CITY OF WYLIE, TEXAS
AND
BROWNING-FERRIS INC.
Effective September 1, 2000
GENERAL SPECIFICATIONS
1.00 GRANI...................................................................................................................... - 1 -
2.00 DEFINITIONS ..... ... ............... ................... ....... ....... ............... ..... ..... .................... ...... - 1 -
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
Bags............................................................ .............. .......... ....... ..................... - 1 -
Bins................................................................................................................ - 1 -
Bulky Waste . .................................................................. - 1 -
............................. ....
Bundle............................................................................................................ - 1 -
City....................................................................... .......................................... - 1 -
Commercial and Industrial Refuse................................................................... - 2 -
Commercial and Industrial Unit ....................................................................... - 2-
Commercial Hand Collect Unit........................................................................ - 2 -
Commodity ..................................................................................................... - 2 -
Commodity Buyer........................................................................................... - 2 -
Construction Debris........................................................................................ - 2 -
Container ........ ...... ............. ........... .............. ............... ........ ...... ....... ................ - 2 -
Contractor ...................................................................................................... - 2 -
Dead Animals............ ................. ......... .......... ........... .................. ..................... - 2 -
Disposal Site................................................................................................... - 2 -
Garbage.. .. .. . .. . .. .. . .. .. .. . . . . . . .. .. .. . . . . . . .. .. . . . .. .. .. . .. .. . .. .. . .. . . .. .. . . .. . . .. .. .. . .. .. . . . . . .. . .. . . .. . .
.. - 3 -
Hazardous Waste. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 3-
Holidays.......................................................................................................... - 3 -
Polycart Container .......... ............. ................... ........... .................. ................... - 3 -
Producer ......................................................................................................... - 3 -
Recyclable Commodities................................................................................. - 3 -
Recycling Container........................................................................................ - 3 -
Refuse..................................................................................................... ........ - 3 -
Residential Refuse........................................................................................... - 3 -
Residential Unit............................................................................................... - 4 -
Rubbish........................................................................................................... - 4 -
Stable Matter .................................................................................................. - 4 -
3.00 SCOPE OF WORK ...................... ........ ........ ....... ............ ...... .............. ....................... - 4 -
4.00 COLLECTION OPERATION.......... ........... .......... .................... ..... ........ .................... - 4 -
4.01 Service Provided............................................................................................. - 4 -
4.02 Location of Poly carts. Bins. Containers. Ba~s and Bundles for Collection ....... - 5 -
5.00 COLLECTION OPERATION ..... ............... .......... .................... ..... ............... .............. - 5 -
5.01 Hours of Operation......................................................................................... - 6 -
5.02 Routes of Collection........................................................................................ - 6 -
5.03 Holidays................. ................ .......... ...... ...... .............. ............... ............ .......... - 6 -
5.04 Complaints.......... ................ ................ ........................ ................. ................... - 6 -
5.05 Collection Equipment...................................................................................... - 7 -
5.06 Office........ ......................................... ........ ............. ................ ........................ - 7 -
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5.07
5.08
5.09
5.10
Hauling . .,. .................................................... - 7 -
Dl'S~OSal'''''''''''''''''''''''''''''''''''''''''''''''''' . .... ............................................. - 7 -
.........................................................0 ..
Notification.................................................... ................................................. - 7 -
Point of Contact .............................................................................................. - 7 -
6.00 CO~LIANCE WITH LAW ..................................................................................... - 8 -
7.00 EFFECTIVE DATE ....................................... .......... ............ ...................................... - 8 -
8.00 NONDISCRJ}v1('NA TION ..................................... ........................... .......................... - 8 -
9.00 INDEMNITy....................................................... ............ ..... ..................................... - 8 -
10.00 INDEPENDENT CONTRACTOR...... .. .............................. - 8-
11. 00 LICENSES AND TAXES.................................. ........................................................ - 8 -
12.00 TERM....................................................................................................................... - 9 -
13.00 INSURANCE....................... .............. .............. ........... ............... ................................ - 9 -
14.00 BOND............................. .............. ............. ....................... ......... .............................. - 10 -
14.01 Performance Bond ........................................................................................ - 10 -
14.02 Power of Attorney ........................................................................................ - 10 -
15.00 BASIS AND METHOD OF PAYMENT .................................................................. - 10 -
15.01 Collection and Disposal Rates....................................................................... - 10 -
15.02 Modification to Rates........................ ............................................................ - 10 -
15.03 Contractor to Act as Collector ...................................................................... - 11 -
15.04 Delinquent and Closed Accounts................................................................... - 11 -
15.05 Contractor Billings to City ............................................................................ - 11 -
16.00 TRANSFERABILITY OF CONTRACT .................................................................. - 11 -
17.00 EXCLUSIVE CONTRACT......... ................ ........................ ..... ................................ - 12 -
18.00 OWNERSlIIP.. ...... ............. ................... ...................... ...... ...................................... - 12 -
18.00 FRANCHISE FEE..... ....... ............. ........ ....................... ..... ....................................... - 12 -
20.00 BOOKS AND RECORDS ................... ..................................................................... - 12 -
21.00 TERMINATION FOR CAUSE .............. .......................... .......................... .............. - 12 -
22.00 NOTICES....... .... ................... ................ .......................... .......................... .............. - 13 -
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23.00 APPROVAL....................... ............. ......................... ............ ...... ......... ...... .... ........... - 13 -
24.00 A11ENDMENT ....... ................. .............. ................... ..... .......... ....................... ......... - 13 -
25.00 FORCE MAJEURE... ........... .... ................ ......... ................. ........... ........................... ~ 13 -
26.00 SEVERABIIJTY..... .................. ......................... ........... ......................... ................. - 14 -
27.00 ENTIRE CONTRACT....... ................. ..................... .................... ......... ................... - 14 -
28.00 SPECIAL PROVISIONS......................................................................................... - 14 -
28.01 City Facilities ................................................................................................ - 14 -
28.02 Spring Clean-Up Campaign........................................................................... - 14 -
28.03 Pavement Damage in Alleys .......................................................................... - 14 -
28.04 Contract Performance Review....................................................................... - 14 -
ATTACHMENT A................. ............... .............. ..................... .......................................... - 17 -
ATTACHMENT B
PERFORMANCE ST.ANDARDS ....................................... ................................................. - 19 -
I. Residential and Commercial Hand Collection................................................. - 18 -
II. Residential Recycling.................................................................................... - 20 -
m. Commercial Container Collection ................. ................................................. - 20 -
IV. General ................................................................................................... . . . . ., - 21 -
ANTI-SCAVENGING ORDINANCE........... ...... .......... ..... ............................................... - 22 -
- iv -
CONTRACT
TIllS CONTRACT, made and entered into this _ day of ' 2000, 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").
WIT N E SSE T H:
WHEREAS, the parties hereto desire for Contractor to provide Solid Waste and Recyclable Materials
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
BFI shall be granted the exclusive right to provide refuse collection, removal and disposal
services and collection of recyclable materials for the Residential, Commercial and
Industrial Units within the corporate limits of the City, as specified and described in the
Contract. Further, the Contractor is hereby granted a franchise, license and privilege
within the territorial jurisdiction of the 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 forming an easily handled package not exceeding four
feet in length or the amount that can be lifted by two men.
2.05 City - City of Wylie, Texas.
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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 the City not
a Residential Unit.
2.08 Commercial Hand Collect Unit - A retail or light commercial type of business
which generates no more than 14, 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 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.
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2.16 Garbage _ Any and all Dead Animals ofless 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 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.
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 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,
magazines, plastic (pET and HOPE), glass containers, aluminum cans and
metal (tin) cans.
2.22 Recycling 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.
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2.25 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 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 definition 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.
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 Residential 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.
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(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 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 lS.01(b).)
( e) Contractor shall provide transportation of collected refuse to the landfill site
for 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 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. 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
Contractor.
4.02 Location of Poly carts. Bins. Containers. Bags 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 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
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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
(a)
(b)
5.02
5.03
Hours of Operation
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 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.
Collection of residential brush and bulky waste, commercial and industrial
refuse shall take place according to individual agreement.
Routes of Collection
(a)
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 a
newspaper 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 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.
Holidays -
Contractor may decide to observe any of the Holidays mentioned hereina, but
such decision in no manner relieves 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 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
24 hours after the complaint is received.
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5.05 Collection Equipment - The Contractor shall provide an adequate number of
vehicles for regular collection services. All vehicles, Bins and other
equipment sball 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 ofthe Contractor. Bins for food service establishments
shall be exchanged at least one time per year.
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 Non-Collection _ Should a dispute arise between City, Contractor and/or a
customer as to whether Contractor actually failed to make a collection
(whether Contractor 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 the result of the customer's
failure to timely place the refuse or containers out for collection).
Contractor's norice to the customer shall be in writing, attached to the
container or the front door of the residence or commercial business and shall
indicate the 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 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 the City all costs and expenses associated therewith within ten days
of notice of the costs and expenses. If the interruption of service mentioned
above continues for a period of seventy-two hous and is not the result of a
force majure, then City shall have the right to terminate this contract.
5.09 Hauling _ All Refuse hauled by the 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 the Contractor shall be hauled
to a Disposal Site.
5.11 Notification - The City shall notify all Producers at Residential Units about
complaint procedures, rates, regulations, and day(s) for scheduled Refuse
collection.
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5.12 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.
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 ordinances of the
City on the subject.
7.00 EFFECTIVE DATE
This Contract shall become effective upon the execution hereof by all parties and
performance shall begin on September 1, 2000.
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 incident to any work done in the
performance of this Contract 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.
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 employees and shall
not be conidered in any manner to be a City employee(s).
11.00 LICENSES AND TAXES
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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.
12.00 TERM
The contract shall be for a five (5) year period beginning September 1, 2000 and ending
five (5) years thereafter. 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
The Contractor shall at all times during the Contract maintain in full force and effect
Employer's Liability, Worker'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 to 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. II
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
Statutory
Employer's Liability
$500,000
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
- 9 -
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
msurance.
14.00 BOND
14.01 Performance Bond - The 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.
14.02 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.
15.00 BASIS AND METHOD OF PAYMENT
15.01
(a)
(b)
(c)
15.02
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 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.
The Refuse collection charges provided by Sections 15.01 (a)-(c) shall include
all disposal costs.
(d)
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 - 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
- 10 -
15.03
15.04
15.05
change in the manner or method of enforcement thereof)~ (ii) orders,
judgments or directives of any court or governmental body of instrumentality
thereof; or (ill) increased costs due to changes in location of disposal facilities
and/or increases in disposal costs~ (iv) changes reflected by fluctuations in the
Consumer Price Index for Urban Wage Earners and Clerical Workers
published by the U.S. Department of Labor, Dallas-fort Worth area.
Should its 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. Increase not to exceed 5% of the rates in force at the
time of the requested adjustment.
Contractor to Act as Collector - The Contractor shall submit statements to and
collect from all Commercial and Industrial Units for services provided by the
Contractor pursuant to Section 4.01(c) (including Commercial Hand Collect
and Shared Dumpsters).
Delinquent and Closed Accounts
(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 ofthe 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.
- 11 -
16.00 TRANSFERABILITY OF CONTRACT
Other than by operation oflaw, 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 wit~eld. In the
event of any assignment, the assignee shall assume the liability of the Contractor as
though it was the original Contracting Party.
17.00 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.
18.00 OWNERSHIP
Title to Refuse , 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.
19.00 FRANCmSE FEE
The Contractor shall pay to the City fifteen percent (15%) of all amounts received by the
Contractor for all 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.
20.00 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 14.02.
21.00' TERMINATION FOR CAUSE
- 12 -
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 be given
full opportunity to answer such claims as are set out against it in the aforesaid notice. If,
after said public hearing, the City Council makes a finding that Contractor has failed to
provide adequate refuse collection service for the City, the City Council may, by two-
thirds vote, terminate this Contract.
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 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 Street
PIano, Texas 75074
Attn: District Manager
or such other addresses as the parties may hereafter specify by written notice delivered
in accordance herewith.
23.00 APPROVAL
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 ofthe City.
24.00 AMENDMENT
- 13 -
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 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.
25.00 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 ofthe Contractor.
26.00 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.
27.00 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.
28.00 SPECIAL PROVISIONS
28.01
28.02
(a)
(b)
28.03
City Facilities _ Bin collection service for City of Wylie facilities shall be
provided at no charge.
Spring Clean-Up Campaign
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.
Contractor shall provide free collection and disposal to the City, up to a
maximum of 15 hauls of30 cubic yards.
Pavement Damage in Alleys
(a)
Contractor shall be responsible for the repair of damage to paved surfaces in
alleys when such damage is caused by the Contractor's collection equipment.
Substantiation of cause shall be by mutual agreement of both parties.
- 14 -
(b)
28.04
(a)
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 28.03(a), the Contractor shall arrange for satisfactory repair of the
alley pavement or repairs will be performed by City forces and the City
reimbursed on a time and materials basis. Reimbursement for materials and
labor shall be in the form of a credit on the Contractor's next monthly billing
for Residential collection service.
Contract Performance Review
Contractor's representatives shall meet with City staff periodically in order to
review contract performance. The time and place of meetings shall 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.
- 15 -
IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agent, hereto affix
our signatures and seals as of this _ day of ' 2000.
ATTEST:
CITY OF WYLIE, TEXAS
A Municipal Corporation of
Collin County, Texas
By: IJ- ~:&
Mayo
anda;-/~~
C. ger
'"
BROWNING-FERRIS INDUSTRIES
By:
District Manager
- 16 -
ATIACHMENT A
CITY OF WYLIE, TEXAS
REFUSE AND RECYCLING SERVICE:
SEPTEMBER
2000 RATE
Residential - Single Family
Duplex Unit - Per Unit
Trailer Park - Per Unit
$8.31
$8.31
$8.31
$3.00
Additional Polycart, Per Unit
COMMERCIAL SERVICE:
Commercial Hand Collect
Additional Polycart
2 x week
$11.50
$ 4.03
2 cu. yd.
1 x week
2 x week
3 x week
$ 42.56
$ 90.87
$120.78
3 cu. yd.
1 x week
2 x week
3 x week
$ 58.66
$109.27
$169.09
4 cu. yd.
1 x week
2 x week
3 x week
$ 87.42
$139.18
$196.69
6 cu. yd.
1 x week
2 x week
3 x week
$102.37
$166.78
$247.30
8 cu. yd.
1 x week
2 x week
3 x week
$125.38
$215.09
$286.41
EXTRA PICKUPS EACH:
2, 3, 4, cu. yd.
6, 8, cu. yd.
$ 32.21
$ 36.81
DELIVERY /EXCHANGE of FEL CONTAINERS:
$ 51.35
- 17 -
ATTACHMENT A
CONTINUED
ROLLOFF CHARGES:
42 Cu. Yd. Compactor Containers, Per Haul
(Includes disposal, does not include equipment)
$287.56
30 Cu. Yd. Open-top Rolloff containers, Per Haul
(Includes disposal)
Daily Rental
Delivery/Exchange
$258.80
$ 7.19
$ 77.03
SPECIAL CHARGES:
Polycart Replacement
$60.00
Returned Check Charge
$ 20.00
CITY BILLS RESIDENTIAL
BFI BILLS COMMERCIAL & ROLLOFF (Includes 15% Franchise Fee)
CITY ACCOUNT #9015397
CONTACTUTlLITYBILLfflG
972.442.8131, FAX 972.442.8105
- 18 -
ATTACHMENT B
CITY OF WYLIE, TEXAS
PERFO~CESTANDARDS
1. 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
BFI will make brush and bulky collection available to Wylie residents one day per
month as part of the standard contract. Maximum size is restricted to two (2)
cubic yard. Maximum weight is no more than that which can be lifted by two men.
Special collection of brush and bulky items will be made available to Residents at
the rate of $72.00 per hour for time spent on collection, with a minimum charge of
$15.00 per collection. Residents must call Contractor's dispatch office to schedule
collection.
Approved Containers:
a) Polycarts
b) Brush cut to 6 x 3 x 3 and bundled with twine, no heavier than
what can be handled by one man, and placed at the curb.
c) Maximum weight bundle or container is not to exceed that which
can be lifted by two men.
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
- 19 -
circumstances. Any dispute in average weekly volume will be submitted to City
officials for 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 obtained from Contractor by Producer.
m. 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.
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 be
performed that day. After 10:00 a.m., we will attempt to make the pick up that
day. Ifunable, 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 remove excess. An extra pickup will be re-
scheduled when excess refuse has been removed. Customer will be charged for
extra pickups.
- 20 -
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. 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.
1. 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 Years, 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.
- 21 -
'!'I-IE WYLIE NEWS
f~vetlnB ""lie, Sacll~e, ~llItl'''Y 111I1 ti,e IlIttnlllllllnB Ittn
1111 N. Ilnllnrd Sf.
I'.(). Box J(j9
W}'lic. lClIM 15fJ9R
(912) 442-5515
J'All (972) 442-43 I R
STATE 014' TEXAS
COUNTY Oli' COLLIN
lJefote me, the undersigned authority; on this day persol1ally appeared Chad Engbrock, of THE WYLIE
NEWS, a nen'spaper regularty published In Collin County, Texas and having general clrculallonln Collin
Count}', 'Iexns, ,,,110 being by me duly sworn deposed and says that the foregoing attached
Ondjnan~e No. 2000-12
n'ns lJubllshed In sold newspaper OIi the followl11g dates, to-wat:
Au.gtL6.t 30
, 2000, aud
~toCk
, 2000.
Subsetlbed nnd sworn to before hie tills the 7
to nrtlfy '."hleh witness mj' band nlid sen. or omce.
day of
S e.p.tem b eJ1.
; 2000,
(
N tary Public III aud for
the State of Texas
My COlUlulssloll Expires