Resolution 2018-32L
RESOLUTION NO. 2018-32(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY
MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN
AMENDED AND RESTATED SOLID WASTE AND RECYCLING
CONTRACT WITH COMMUNITY WASTE DISPOSAL, L.P.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, an Amended and Restated
Solid Waste and Recycling Contract (#W2018-118-A) with Community Waste Disposal, L.P.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 28 th day of August, 2018.
( , OA"-
ERIC HOGUEJ�ay�r
ATTEST TO:
887- 6
'0
STEPIAANIE STORM, City Secretary sr"T OF'TV"--
Resolution No. 2018- 32(R)
Amended and Restated Solid Waste and Recycling Contract with Community Waste Disposal, L.P.
EXHIBIT "A"
Contract
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Resolution No. 2018- 32(R)
Amended and Restated Solid Waste and Recycling Contract with Community Waste Disposal, L.P.
FO
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AMENDED AND RESTATED
SOLID WASTE & RECYCLING CONTRACT
BETWEEN
THE CITY OF WYLIE, TEXAS
AND
COMMUNITY WASTE DISPOSAL, L.P.
W2018-118-A
Effective September 1, 2018
Amended and Restated Solid Waste & Recycling Contract
(Commimity Waste Disposal, L.P.) Page i
2530832 / W2018-118-A
THIS AMENDED AND RESTATED SOLID WASTE & RECYCLING
CONTRACT (this "Contract"), made and entered into this I st day of September, 2018, by and
between the City of Wylie, Texas, a home -rule municipality located in Collin, Rockwall and Dallas
Counties, Texas (hereinafter called the "City"), and Community Waste Disposal L.P. (hereinafter
called "Contractor"). City and Contractor are each referred to herein as a "pggy' or collectively
as the "parties."
WITNESSETH:
WHEREAS, Contractor and City entered into that certain Solid Waste and Recycling Contract
dated effective September 1, 2008 (the "Original Contract"); and
WHEREAS, since that time, the parties have agreed to amend and restate the Original Contract on
four (4) separate occasions (collectively, the "Amendments and Restatements" and together with
the Original Contract, the "Agreement'); and
WHEREAS, the parties desire to further amend and restate the Original Contract, as amended and
restated by the Amendments and Restatements, to extend the term of the Agreement for five (5)
years and to require for the provision of solid waste and recycling services on the following terms
and conditions.
NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is
understood and agreed by and between the parties as follows:
1.00 GRANT
The City hereby grants to Contractor an exclusive contract to engage in the business of
collecting from the Residential, Commercial, Industrial and Apartment Units (including
temporary roll -off but excluding commercial recyclable commodities) within the corporate
limits of the City and disposing of Refuse and Recyclable Materials and, further, the City
hereby grants to Contractor permission to use the public streets, alleys, easements and
thoroughfares within the limits of the City for the purpose of collection and disposal of
Refuse and Recyclable Material, subject to the limitations, terms and conditions hereinafter
specified and contained in this Contract.
2.00 DEFINITIONS
For purposes of this Contract, each of the following terms shall have the meaning set forth
herein unless the context clearly indicates otherwise:
2.01. Apartment Unit. A multi -family dwelling, which consists of more than four (4)
single-family dwelling units, located within the same structure on the same lot
within the corporate limits of the City. A separate Apartment Unit shall be deemed
a room or suite of rooms arranged, designed or occupied as a residence.
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Page 1
2530832 / W2018-118-A
2.02. Ba
&s. 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 pounds.
2.03. Bins. Receptacles designed to be lifted and emptied mechanically for use only at
Commercial and Industrial Units and Apartment Units.
2.04. Bulky Waste. Stoves, refrigerators, water tanks, washing machines, furniture,
Construction Debris (generated from the Residential Unit only) and other waste
materials other than Dead Animals, Hazardous Waste, or Stable Matter with
weights or volumes greater than those allowed for the applicable Bins or Polycart
Containers. Customer shall be responsible for the proper removal of refrigerants,
Hazardous Wastes and other hazardous materials from Bulky Wastes and shall
properly tag Bulky Wastes as being free of refrigerants, Hazardous Wastes and
other hazardous material prior to removal by Contractor.
2.05. Bundle. Tree, shrub and brush trimmings or newspapers and magazines securely
tied together forming an easily handled package not exceeding four feet in length.
2.06. City. City of Wylie, Texas.
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2.07. Commercial and Industrial Refuse. All Bulky Waste, Construction Debris,
Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and
Industrial Unit or Apartment Unit.
2.08. Commercial and Industrial Unit. All premises, locations or entities, public or
private, requiring Refuse collection within the corporate limits of the City,
including an Apartment Unit; but not including a Residential Unit.
2.09. Commodit . 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 for the temporary storage of solid waste.
2.13. Contractor. Community Waste Disposal.
2.14. Curbside. Portion of right-of-way adjacent to paved or traveled City roadways
(including alleys).
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.)
2530832 / W2018-118-A
Page 2
2.15. Dead Animals. Animals or portions thereof equal to or greater than 10 pounds in I
weight, that have expired from any cause, except those slaughtered or killed for
human use.
2.16. 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.
2.17. Garbage. Any and all Dead Animals of less than 10 pounds in weight, except those
slaughtered for human consumption; every accumulation of waste (animal,
vegetable and/or other matter) that results from the preparation, processing,
consumption, dealing in, handling, packing, canning, storage, transportation, decay
or decomposition of meats, fish, fowl, birds, fruits, grains or other, animal or
vegetable matter (including, but not by way of limitation, that used 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.
2.18. Hazardous Waste. Waste, in any amount, identified or listed as a hazardous waste
by the administrator of the United States Environmental Protection Agency under
the Federal Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act (42 U.S.C. Section 6901), 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
2.19. Household Hazardous Waste. Wastes from households that would be hazardous
waste, if not specifically excluded by federal regulations. HHW are hazardous
wastes contained in consumer products designed and marketed to be used in
households, not in industrial settings. Examples include fluorescent light bulbs,
paints, wood stains, fuels, batteries, corrosive cleaners, pool chlorine and acid and
some pesticides. Examples of other materials that are collected with HHW include
motor oil, oil filters, antifreeze, and latex paint, fluorescent light bulbs, paints, wood
stains, fuels, batteries, corrosive cleaners, pool chlorine and acid, pesticides,
aerosols, flammables, antifreeze, caulk, joint compound, RCRA Empty, oxidizers,
organic peroxides, organic compounds.
2.20. Holid.2ys. 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.
2.21. Polycart Container. A rubber wheeled container, with a maximum capacity of 95
gallons, designed for automated or semi -automated solid waste collection systems.
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Page 3
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2.22. Producer or customer. An occupant of a Commercial Unit, Industrial Unit,
L Apartment Unit or Residential Unit who generates Refuse.
2.23. Recyclable Commodities. Material that has been recovered or diverted from the
nonhazardous waste stream for the purposes of reuse, recycling, or reclamation,
including, but not limited to, newspapers (including glossy inserts); plastic jugs and
bottles (#l,2,3,4,5,7); aluminum and metal cans; and glass food and beverage
containers, catalogues and magazines, envelopes and junk mail, empty cereal and
dry food boxes, flattened cardboard.
2.24. 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.
2.25. Residential Refuse. All Garbage and Rubbish generated by a Producer at a
Residential Unit.
2.26. 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 singl---
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.
2.27. 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.
2.28. Stable Matter. All manure and other waste matter normally accumulated in or abodt
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 all the supervision, materials, equipment,
labor and all other items necessary to complete all of the services described in these
Contract Documents in accordance with these Contract Documents, including the Special
Provisions and the Performance Standards attached hereto. A copy of said Special
Provisions is attached as Exhibit "A" and made a part hereof for all purposes. A copy of
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.)
2530832 / W2018-118-A
Page 4
said Performance Standards is attached hereto as Exhibit "B" and made a part hereof for
all purposes. I
4.00 COLLECTION OPERATION
4.01. Services 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 or alley by the
residential customer 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 or alley collection service for the
collection of Recyclable Materials from each Residential Unit one (1) time
per week. Recycling Containers shall be placed at curbside or alley by the
residential customer 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 and
Apartment Units according to individual agreement.
(d) Contractor shall provide for the collection from Residential Units of Bulky
Waste, Construction Debris and Stable Matter in accordance with Section
14.01 (b). Wj
(e) Contractor shall provide transportation of collected Refuse to the Disposal
Site for disposal, which responsibility is solely that of the Disposal Site
operator.
(f) Contractor shall provide transportation and processing of collected
recyclables to Contractor's Material Recovery Facility.
(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. Notwithstanding the foregoing, Contractor shall provide
emergency storm clean up services at a rate of $125.00 per hour per rear
load truck, as need is determined by the City.
(h) Contractor shall collect recyclable commodities from single -stream
apartment containers at Apartments Units once per week. Each apartment
Amended and Restated Solid Waste & Recycling Contract I
(Community Waste Disposal, L.P.) Pago 5
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complex will be required to have one 8-yard container for each 150
Apartment Units.
4.02. Location of Polycart Containers, Bins, Containers, Recycling Containers, Bags and
Bundles for Collection.
(a) Each Polycart Container, Bag, Recycling Container, Containers, bulk,
rubbish, and Bundle shall be placed at curbside for collection. Polycart
Containers, Recycling Containers, Containers Bags, Bulk, Rubbish, 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, Polycart
Containers, Containers, Recycling 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, Container,
Recycling Container, Bag and Bundle not so placed or any Residential
Refuse not contained in a Polycart Container.
(b) Contractor shall provide Bins for Commercial and Industrial Units and
Apartment Units whenever customers request their use. Each Bin shall be
placed in an accessible, outside location on a concrete pad according to
individual agreement between Contractor and the Commercial or Industrial
Unit or Apartment Unit. Contractor may decline to collect Refuse in Bins
not so placed by the customer. Placement of bin and size/construction of
concrete pad shall be such that the front wheels of collection vehicles shall
rest entirely on the pad (or non -porous surface) while bin is lifted and
emptied.
5.00 COLLECTION OPERATION
5.01. Hours of Operation.
(a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue
after 7:00 p.m. on the same day. Exceptions to collection hours shall be
affected only upon the mutual agreement of the City and Contractor, or
when Contractor reasonably detennines that an exception is necessary in
order to complete collection on an existing collection route due to unusual
circumstances.
(b) Collection of residential Rubbish and Bulky Waste, and Commercial and
Industrial Refuse shall take place according to individual agreement.
5.02. Routes of Collection.
(a) Residential Unit routes shall be established by the Contractor. Contractor
shall submit a map designating the Residential Unit collection routes to the
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Page 6
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City for the City's approval, which approval shall not be unreasonably
withheld. Contractor shall provide, at its expense, a map of such Residential
Unit collection routes in a brochure to be mailed to each customer affected
by a route change at least once during each calendar year and shall make
such brochures continuously available at City Hall. 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 approval of the proposed
changes, Contractor shall promptly give written or published notice to the
affected Residential Units.
(b) Commercial and Industrial Unit and Apartment Unit collection routes shall
be established by the Contractor at its sole discretion.
5.03. HolidUs. Contractor may decide to observe any of the Holidays mentioned herein,
but such decision in no manner relieves Contractor of its obligation to provide
Refuse collection service at Residential Units at least once per week.
5.04. Coml2laints. All complaints shall be handled directly by the Contractor. Each
complaint shall be given prompt and courteous attention and be resolved within
seventy-two (72) hours of receiving the complaint. However, 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 solid waste the same
day if called in before 12:00 noon, but not more than twenty-four (24) hours after
the initial complaint was received. Contractor will be responsible for maintaining a
log of all complaints received, and will provide the City with a copy of the log on
a monthly basis.
The log shall indicate at least the following information:
• Name of complainant;
• Date and hour of the complaint; and
• Nature and address of the complaint, and the manner and the date and time of
its resolution.
Contractor shall meet the timeliness requirements of the performance standards set
forth in this Contract at least ninety-eight (98%) of the time, measured on a
quarterly basis, or City shall have the right to terminate this Contract by providing
Contractor with at least thirty (30) days advance written notice of the termination
and the effective date thereof. Contractor shall continue to provide services under
this Contract until the effective date of termination.
5.05. Collection Equipment. The Contractor, at its sole cost and expense, agrees to
furnish all trucks, equipment, machines, and labor (collectively, the "equipme '),
which are reasonably necessary to collect and transport Refuse and/or recyclables
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Page 7
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from accounts serviced by the Contractor in accordance with this Contract. The
equipment shall be maintained in a safe and clean working condition throughout
the term of the Contract and any renewal period. The equipment shall be maintained
and painted as often as necessary to preserve and present a well -kept appearance in
accordance with normal industry standards in the Dallas -Fort Worth metropolitan
area. The Contractor shall clean the equipment on a regular weekly basis or more
frequently as may be necessary to maintain sanitary and safe working conditions.
Contractor will ensure that no fluids leak from Contractor's equipment onto alleys,
streets, sidewalks or driveways, and if such leaks or spills occur, Contractor will
remediate the spill and repair the equipment to prevent further leaks or spills.
Additionally, the Contractor shall have standby equipment available to regularly
complete the daily routes in the event of equipment failure or excessive volumes of
collection, which it is obligated to collect and transport in connection with this
Contract.
5.06. Office. The Contractor shall maintain an office. Such office shall be open at a
minimum, Monday through Friday, 8:00 a.m. until 5:00 p.m. with a qualified
service representative available to personally answer inquiries, as well as a
qualified field supervisor to oversee the daily operations. The office is to include
personnel needed to maintain weekly delivery of new and replacement trash carts
and make repairs when necessary. The telephone number of the Contractor's office
will be widely available to customers. After-hours calls shall be forwarded to a
twenty-four hour message center, with calls responded to, by Contractor personnel,
the following morning or immediately depending on the nature of the call.
Contractor shall advise the City Manager or representative thereof of all emergency
service matters.
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 the City shall be final, and the Contractor agrees
to abide by said decision.
It is specifically understood and agreed that if the customer fails to timely place a
Container/cart out, maintains improper or inadequate containers for the nature,
volume, or weight of acceptable waste/recycling to be removed from the premises,
or places improper bundles or volumes of waste/recycling for collection, or places
hazardous waste, special waste, or other refuse in violation of this agreement, the
Contractor may refrain from collecting all or a portion of such refuse that is
rendered not collectable due to any of the aforementioned circumstances. The
Contractor shall notify both the City and the customer of the reason for any such
non -collection (unless such non -collection is due to the customer's failure to timely
place the waste/recycling for collection). Contractor's notice to the customer shall
be in writing, attached to the container or the front door of the residence, and shall
indicate the nature of the violation and the correction required in order that such
solid waste may then be collected at the next regular collection date.
I b1m Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Page 8
2530832 / W2018-118-A
Where a customer notifies the City that acceptable waste/recycling has not been I
removed from the residents' premises on the scheduled collection day and where ej
no notice of non -collection nor a change in collection schedule has been received
from the Contractor, the City shall investigate. If the investigation discloses that
the Contractor has failed to collect acceptable waste/recycling from the subject
premises without cause, the Contractor shall collect same within twenty-four (24)
hours after a collection is ordered by the City, at no additional charge.
5.08. Interruption of Service. In the event that the collection and disposal of acceptable
waste should be interrupted by any reason for more than forty-eight (48) hours, City
shall have the right to make temporary independent arrangements for purposes of
continuing this necessary service to its residents in order to provide and protect the
public health and safety, and Contractor shall pay the City all costs and expenses
associated therewith within ten (10) days of notice of the costs and expenses. If the
interruption of service mentioned above continues for a period of seventy-two (72)
hours and is not the result of a force majeure, then City shall have the right to
terminate this Contract (in addition and without prejudice to all other remedies
available to City) by providing Contractor written notice of the termination and the
effective date thereof.
5.09. Hauliniz. All Refuse hauled by the Contractor shall be contained, tied or enclosed
so that leaking, spilling or blowing is reasonably prevented.
5. 10. Disposal. All Refuse collected for disposal by the Contractor shall be hauled to a
Disposal Site. I
5.11. Emergency Circumstances and Notifications. Contractor shall use whatever means
to notify the City Manager or representative thereof of any changes, due to
emergency circumstances, that may require the use of alternative disposal/recycling
facilities/sites. In the event that at some future time, there is no disposal site
available, costs in disposing of said waste may be negotiated by the City and
Contractor in good faith.
The Contractor shall notify, at its sole cost and expense, all producers at Residential
Units about complaint procedures, rates, regulations, and days for scheduled
collection.
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 his/her designated
representative.
5.13. Propegy Damage. The Contractor shall be responsible for the repair of damage
caused by the Contractor's equipment. Within fifteen (15) days after receipt of a
notice of damages, the Contractor shall arrange for satisfactory repairs. Repairs
shall be made within one week of notification unless additional time is needed to
meet repair requirements. Contractot agrees to notify the resident or business and
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Page 9
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the City of the Contractor's course of action and give a reasonable timeframe for
completion. This shall include remediating any leaks or spills of motor oil,
hydraulic fluid, gas or other hazardous material onto alleys, streets, sidewalks,
drives or yards.
5.14. Liquidated Damages. In the event the Contractor fails to collect solid waste and
recycling, including Refuse and Recyclable Commodities, within twenty-four (24)
hours after an order for collection is issued by the City pursuant to the third
paragraph of Section 5.07 above, such failure shall constitute an act of non -
collection, and Contractor shall pay the City for each act of non -collection per
account the sum of Twenty-five dollars ($25.00) for each Residential Unit affected
or the sum of Fifty dollars ($50.00) for each Commercial or Industrial Unit or
Apartment Unit affected, to be withheld by City from payments due pursuant to
Section 14.01 or as a direct payment from Contractor, not as a penalty but as
liquidated damages for the damages that would be suffered by City as a result of
such non -collection (in addition and without prejudice to all other remedies
available to City).
5.15 Employee Conduct. Contractor shall employ a sufficient number of employees to
meet its obligations under this Contract, and all of Contractor's employees shall be
fully qualified to perform the duties assigned to them. Contractor shall perform
driving record checks of all drivers working within the City at least once every 12
months and shall take all reasonable steps to ensure that its drivers have safe driving
records. Contractor shall remove any driver from working within the City who is
deemed unqualified to operate a commercial vehicle under the Federal Motor
Carrier Safety Regulations or state regulations regarding the operation of a
commercial motor vehicle. Additionally, on the written request of the City,
Contractor shall promptly remove any person providing services under this
Contract whom the City requests to be removed from performing work within the
City pursuant to this Contract.
6.00 COMPLIANCE WITH THE LAW
Contractor shall comply with all applicable laws, statutes, ordinances, rules, regulations
and policies, including the rules and regulations of the Texas Commission on
Environmental Quality and the Environmental Protection Agency. In this regard,
Contractor shall not be required to collect and dispose of any oil, sludge, fecal material ' or
any radioactive, pathological, toxic, acidic, or volatile material, Hazardous Waste, or other
hazardous, medical, non -conforming or improper waste. Should Contractor elect to
dispose of such materials, Contractor is entitled to assess a fee or charge mutually
acceptable to Contractor and the party requesting disposal of such materials. City agrees
to pass such ordinances as are reasonably necessary to effectuate all terms of this Contract.
Both parties and their officers, agents, employees, representatives, contractors and
subcontractors shall abide by and comply with all applicable laws in the performance of
this Contract. Contractor shall ensure that its officers, agents, employees, representatives,
contractors, subcontractors and other parties performing services for or on behalf of
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.)
2530832 / W2018-118-A
Page 10
Contractor under this Contract comply with all applicable laws, statutes, ordinances, rules,
regulations and policies. If Contractor observes or is notified that the work under this
Contract is at variance with applicable laws, statutes, ordinances, rules, regulations and
policies, Contractor shall immediately notify City in writing.
7.00 EFFECTIVE DATE
This Contract shall become effective upon the execution hereof by all parties and the
continuing performance of Contractor shall be governed by this Contract from and after
such date.
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 SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE
CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND
ALL SUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, INJURIES
(INCLUDING DEATH), JUDGMENTS, COSTS, EXPENSES, AND ATTORNEYS'
FEES (INCLUDING ANY ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS
SECTION) (COLLECTIVELY, "CLAIMS") ARISING OUT
OF CONTRACTOR'S PERFORMANCE OF THIS CONTRACT AND/OR CAUSED BY A
WILLFUL, NEGLIGENT OR GROSSLY NEGLIGENT ACT OR OMISSION OF THE
CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, SUBCONTRACTORS AND OTHER PARTIES PERFORMING SERVICES FOR OR
ON BEHALF OF CONTRACTOR UNDER THIS CONTRACT. CONTRACTOR IS EXPRESSLY
REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A
COURT OF COMPETENT JURISDICTION DETERMINES THAT CITY (WITHOUT WAIVING ANY
GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE LIABILITY FOR THE
CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS,
THEN CONTRACTOR IS NOT REQUIRED TO INDEMNIFY OR RELEASE CITY NOR BE LIABLE
FOR DEFENSE OR DEFENSE COSTS OF THE CITY TO THE EXTENT OF THE LIABILITY
APPORTIONED TO THE CITY. THE PARTIES RECOGNIZE THAT NOTHING IN
THIS PARAGRAPH SHALL BE CONSTRUED AS A WAIVER BY THE CITY OF ITS SOVEREIGN
OR GOVERNMENTAL IMMUNITY AND THAT THIS PARAGRAPH DOES NOT CREATE, AND
SHALL NOT BE CONSTRUED AS CREATING, ANY RIGHT ENFORCEABLE BY ANY PERSON NOT
A PARTY TO THIS AGREEMENT. THE RIGHTS AND OBLIGATIONS CREATED BY THIS
PARAGRAPH SHALL SURVIVE TERMINATION OF THIS CONTRACT.
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
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.)
2530832 / W2018-118-A
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and
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 officers, agents, employees, representatives, contractors,
subcontractors and other parties perforining services for or on behalf of Contractor under
this Contract. Contractor assumes exclusively the responsibility for its acts and the acts of
its officers, agents, employees, representatives, contractors, subcontractors and other
parties performing services for or on behalf of Contractor under this Contract as they relate
to the services to be provided during the course and scope of their employment or contract,
except to the extent such services are performed in accordance with the specific directions
of the City. Contractor, its officers, agents, employees, representatives, contractors,
subcontractors and other parties perfon-ning services for or on behalf of Contractor under
this Contract shall not be entitled to any rights or privileges of City employees and shall
not be considered in any manner to be a City employee(s).
11.00 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.
12.00 TERM
The term of this Contract shall be for a period of five (5) years commencing September 1,
2018. The term of this Contract may be extended for an additional five (5) year term upon
the written, mutual agreement of the parties, which either party may refuse to enter in that
party's sole discretion.
13.00 INSURANCE; BOND
13.01 Insurance.
The Contractor shall at all times during the Contract maintain in full force and effect
Employer's Liability, Workers Compensation, Public Liability and Property
Damage Insurance, including contractual liability coverage for the provisions of
Section 9.00, as set forth in the Insurance Requirements, attached hereto as Exhibit
"E" and made a part hereof for all purposes. 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 which this certificate is executed
and are in force at this time. In the event of cancellation, thirty (30)
days prior written notice will be given the certificate holder."
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.)
2530832 / W2018-118-A
Page 12
For the purpose of the Contract, the Contractor shall carry the following types of
insurance in at least the limits specified below:
Workers Compensation
Employer's Liability
Bodily Injury Liability
Except Automobile
Automobile Bodily Injury
Liability
Automobile Property Damage
Excess Umbrella Liability
Statutory
$500,000
$500,000 each occurrence
$1,000,000 aggregate
$500,000 each person
$1,000,000 each occurrence
$500,000 each occurrence
$1,000,000 each occurrence
The Contractor shall provide the City with thirty (30) days prior written notice of
any change in insurance coverage that would cause Contractor's insurance
coverage to be for amounts less than required by this Contract. Contractor shall
comply with all other requirements as set forth in Exhibit "E."
13.02 Performance Bond.
During the term of this Contract and before starting work under this Contract,
Contractor shall provide the City a performance bond in the amount of One Million
Dollars and 00/100 Cents ($ 1,000,000.00) and power of attorney for the completion
of the services required under this Contract in accordance with this Contract. Such
bond must be: (a) a good and sufficient bond; (b) in the amount prescribed herein;
and (c) with a reputable and solvent corporate surety, in favor of City.
14.00 BASIS AND METHOD OF PAYMENT
14.01. Collection and Disposal Rates.
(a) The rate for collection services required to be performed pursuant to
Sections 4.01 (a), (b), (c) and (g) shall be the rates set forth in Exhibit "C",
attached hereto and made a part hereof, subject to adjustment in accordance
with Section 14.02, to be effective September 1, 2018.
(b) For special collection provided by the Contractor pursuant to Section
4.01(d), the charges are listed in Exhibit "C" and are determined by the
amount of cubic yards to be collected.
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Page 13
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(c) The Refuse collection charges provided by Sections 4.01 (a)-(c) shall
include all disposal costs.
(d) In the event that any commodity collected shall not be marketable for a
period of sixty (60) days or longer, City and Contractor upon mutual
agreement shall eliminate that commodity from the Recyclable Materials
program and this Contract. However, it is the intent of the City to have the
highest rates of recycling possible, and to achieve this goal, the parties agree
to review the list of acceptable recyclable materials every year of this
Contract to determine the feasibility of adding additional materials to the
list of acceptable recyclable materials.
14.02. Rate Adjustments. The rates set forth in this Contract shall remain effective for the
period of one (1) year from the effective date of this Contract. On October I ' of
each year (beginning in the year 2019), any or all rates may be increased or
decreased by up to the same percentage increase or decrease, if any, as set forth in
the DFW CPI-U, all items less energy as published from July to July, for the prior
reporting period. For example, in October 2019, rate adjustments, if any, shall be
based on DFW CPI-U numbers for July 2018 to July 2019. The DFW CPI-U
adjustment shall be weighted according to the chart below, and the remaining
portion of the adjustment shall be increased or decreased by up to the same
percentage increase or decrease, if any, as set forth in the price of diesel fuel as
reported by the Department of Energy, Energy Information Administration, and the
published disposal costs of the Garland, Texas landfill, respectively, weighted
according to the following chart:
Front
Load
Trash
Roll Off
Trash
Roll Off
Excessive
Weight
Residential
Trash
I
Recycle
57%
CPl
37%
0%
48%
69%
Fuel
13%
13 /do
0%
20%
20%
Disposal
1 30%
0
50%
1000/0
0
2
3 0
1 1%
Total
0
0
100%
100%
0
0
00/
100%
100%
At least sixty (60) days prior to each anniversary of the effective date of this
Contract, the Contractor shall notify the City of any such proposed rate adjustment,
and upon request, provide the supporting data that is the basis for the raie
adjustment. Anyjustifiable increase or decrease will be determined by the City.
In addition, the above -defined rates may, at the sole discretion of the City, which
shall not be unreasonably withheld, be adjusted annually by mutual written
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.)
2530832 / W2018-118-A
Page 14
agreement between the City and the Contractor in the event of regulatory changes
in Contractor's cost of doing business, such as amended laws, ordinances, taxes,
fees, or regulations.; The Contractor shall provide the City documents and records
in sufficient detail to reasonably establish the basis for any requested rate
adjustment(s) at the time of the request.
Except as expressly provided in this Section 14.02, Contractor acknowledges and
agrees that it is not entitled to, and shall not seek, any additional or other
amendments to the compensation or rate structure set forth in this Contract.
14.03. Contractor to Act as Collector. The Contractor shall submit statements to and
collect from all Commercial, Industrial and Apartment Units for services provided
by the Contractor pursuant to Section 4.01(c) and (g) (including Shared
Dumpsters).
14.04. 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.
(b) The Contractor shall have the right to discontinue Refuse collection service
at any Commercial and Industrial Unit or Shared Dumpster delinquent in its
payments.
14.05. Contractor Billings to Cily. 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 fifteenth (15th) day following the
receipt of the invoice. Such billing and payment shall be based on the price rates
and schedules set forth in this Contract. The Contractor shall be entitled to payment
for services rendered to Residential Units whether or not the City collects from the
customer for such service.
14.06. New Accounts and Account Changes. The City shall notify the Contractor of all
new accounts by email or fax (if network non -operational), during working hours.
Residential Polycart Containers and Recycling Containers requested on this list will
be delivered on the resident's move -in day or within three (3) days after the day of
request from the City, whichever is later. Service will begin during the next
regularly scheduled collection day after the delivery of the cart or container. The
Contractor shall notify the City of any account changes in writing on the same day
the account change requests have been implemented.
14.07. Charges for Containers Not Returned. Contractor shall be entitled to collect a
Container Replacement Charge applicable to each Container, Polycart Container,
or Recycling Container, in the amount set forth on Exhibit "C," from any
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Page 15
2530832 / W2018-118-A
Terminating Customer (as defined below) who does not return to Contractor (by
pickup by Contractor) each Container, Polycart Container, and Recycling
Container delivered to such customer by or on behalf of Contractor in connection
with the provision of services by Contractor under this Agreement. The City shall
use its best efforts to collect from any Terminating Customer the Container
Replacement Charge(s) set forth on Exhibit "C". All such Container Replacement
Charges shall be paid over to Contractor by the City with the next monthly invoice
payment or (upon termination of this Contract, within thirty (30) days of receipt by
the City from the customer). As used herein, a "Terminating Customer" is a
customer whose service with Contractor terminates, whether due to the customer's
relocation or upon the termination of this Contract.
Commercial and construction waste containers will be delivered to customers
within twenty-four (24) hours (excluding Sunday) of City notification.
14.08 NongpRropriation. Contractor and City recognize that the continuation of any
contract after the close of any given fiscal year of City, which fiscal year ends on
September 30th of each year, shall be subject to the City Council's approval of the
appropriations of funds necessary to fund the services provided for under the
contract. In the event that the City Council does not approve the appropriation of
funds for services provided for under this Contract, the Contract shall terminate at
the end of the fiscal year for which funds were appropriated, and the parties shall
r have no further obligations hereunder, but the City shall be obligated to pay all
charges incurred by Contractor through the end of that fiscal year, except in the
event Contractor is in breach of this Contract. Funds are not presently budgeted for
City's performance under this Contract beyond the end of the City's 2018-2019
fiscal year.
15.00 OWNERSHIP
Title to Refuse, Dead Animals and Recyclable Materials, except special, hazardous or non-
conforming Refuse shall pass to Contractor when placed in Contractor's collection vehicle,
removed by Contractor from a Bin or Container, or removed by Contractor from the
Customer's premises, whichever last occurs. Title to special, hazardous or non -conforming
Refuse and to Hazardous Waste shall not pass to Contractor, but shall remain with the
Customer that generated such waste.
16.00 CONTRACTOR FEE
The Contractor shall pay to the City five percent (5%) 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 20th day of each month for amounts received by the Contractor for the performance of
services during the immediately preceding month. The Wylie Independent School District
(WISD) is excluded from this franchise fee. Commercial front load containers that are three
Amended and Restated Solid Waste & Recycling Contract
(Cominnnity Waste Disposal, L.P.) Page 16
2530832 / W2018-118-A
(3) yards or smaller in size with frequencies of once or twice per week are exempted from
the 5% fee.
17.00 RECYCLE REVENUE SHARING
Contractor shall remit six dollars and twenty-five cents ($6.25) per ton of recycle material
collected in the City. Recycle revenue will adjust as commodity prices adjust per Exhibit
D. The recycle revenue sharing will be remitted to the City.
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
14.02; but the City may inspect for the purpose of, including but not limited to, verifying
and auditing payments made pursuant to Section 16.00.
19.00 TERMINATION FOR CAUSE
In the event either party is in breach of this Contract, and the breaching party fails to cure
the breach within thirty (30) days of being notified of the same in writing by the non -
breaching party, then the non -breaching party may terminate this Agreement immediately
and exercise any rights available to it at law and in equity. The rights and remedies
provided by this Contract are cumulative, and the use of any one right or remedy by either
party shall not preclude or waive its rights to use any or all other remedies. These rights
and remedies are given in addition to any other rights the parties may have by law, statute,
ordinance or otherwise.
20.00 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:
If to the Contractor, at:
300 Country Club Drive
Wylie, Texas 75098
Attn: City Manager
2010 California Crossing
Dallas, Texas 75220-23 10
Attn: President
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.)
2530832 /W2018-118-A
Page 17
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or such other addresses as the parties may hereafter specify by written notice delivered in
accordance herewith.
2 1.00 APPROVAL
This Contract shall not be considered fully executed or binding on the City or the
Contractor until the same shall have been executed by the Contractor, the City manager
and the City Secretary of the City.
22.00 AMENDMENT
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.
23.00 FORCE MAJEURE
Notwithstanding anything herein to the contrary, Contractor shall not be liable for the
failure, or delay of, performance of its duties if such failure is caused by a catastrophe, riot,
public disturbance, accident, military authority, war, act of terrorism, governmental order
or regulation, fire, act of God or other similar or different contingency beyond the
reasonable control of Contractor.
24.00 SEVERABILITY
In the event that any provision or portion hereof shall be found to be invalid or
unenforceable, then such provision or portion thereof shall be performed in accordance
with the applicable laws. The invalidity or unenforceability of any provision or portion of
this Contract shall not affect the validity or enforceability of any other provision or portion
of this Contract.
25.00 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.
26.00 COUNTERPARTS
This Contract may be executed in a number of identical counterparts, each of which shall
be deemed an original for all purposes. An electronic mail or facsimile signature will also
be deemed to constitute an original if properly executed and delivered to the other party.
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.)
2530832 / W2018-118-A
Page 18
27.00 VENUE I
The laws of the State of Texas shall govem the interpretation, validity, performance and
enforcement of this Contract, without regard to conflict of law principles. This Contract is
performable in Collin County, Texas, and the exclusive venue for any action arising out of
this Contract shall be a court of appropriate jurisdiction in Collin County, Texas.
28.00 ORDINANCES
Contractor shall comply with all local ordinances, regulations and policies, as they exist,
may be amended or in the future arising, applicable to Contractor and its work under this
Contract; provided however, the requirements of this Contract shall govem the obligations
of the Contractor where there exists a conflict between this Contract and the ordine.nces of
the City on the subject.
29.00 AUTHORITY TO EXECUTE
The individuals executing this Contract on behalf of the respective parties below represent
to each other and to others that all appropriate and necessary action has been taken to
authorize the individual who is executing this Contract to do so for and on behalf of the
party for which his or her signature appears, that there are no other parties or entities
required to execute this Contract in order for the same to be an authorized and binding
Contract on the party for whom the individual is signing this Contract and that each
individual affixing his or her signature hereto is authorized to do so, and such authorization
is valid and effective on the date hereof.
30.00 ASSIGNMENT
Neither this Contract nor any of the rights, interests or obligations hereunder shall be
assigned by any of the parties (whether by operation of law or otherwise) without the prior
written consent of the other party, which consent may be withheld by such party in its sole
discretion, and any such assignment or attempted assignment without such prior written
consent shall be void, of no force or effect. and shall constitute a material default by such
party. Notwithstanding the preceding sentence, Contractor my assign its right to receive
payments under this Contract in connection with any lending arrangement of Contractor.
3 1.00 IMMUNITY
It is expressly understood and agreed that, in the execution and performance of this
Contract, City has not waived, nor shall be deemed hereby to have waived, any defense or
immunity, including govemmental, sovereign and official immunity, that would otherwise
be available to it against claims arising in the exercise of govemmental powers and
functions. By entering into this Contract, the parties do not create any obligations, express
or implied, other than those set forth herein.
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Page 19
2530832 / W2018-118-A
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32.00 MISCELLANEOUS DRAFTING PROVISIONS
L This Contract shall be deemed drafted equally by all parties hereto. The language of all
parts of this Contract shall be construed as a whole according to its fair meaning, and any
presumption or principle that the language herein is to be construed against any party shall
not apply. Headings in this Contract are for the convenience of the parties and are not
intended to be used in construing this document.
33.00 NO THIRD PARTY BENEFICIARIES
Nothing in this Contract shall be construed to create any right or obligation on any third
party not a signatory to this Contract, and the parties do not intend to create any third party
beneficiaries by entering into this Contract.
34.00 INDEPENDENT CONTRACTOR
Contractor covenants and agrees that Contractor is an independent contractor and not an
officer, agent, servant or employee of City; that Contractor shall have exclusive control of
and exclusive right to control the details of the work performed hereunder and all persons
performing the same; that the doctrine of respondent superior shall not apply as between
City and Contractor, its officers, agents, employees, contractors, subcontractors and
consultants; and that nothing herein shall be construed as creating a partnership or joint
enterprise between City and Contractor.
35.00 CHAPTER 2270 CERTIFICATION
In accordance with Chapter 2270 of the Texas Government Code, Contractor hereby
certifies that Contractor (a) does not boycott Israel; and (b) will not boycott Israel during
the term of any contract with City, including during the term of this Contract.
END OF SECTION
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.)
2530832 / W2018-118-A
Page 20
IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents, hereto
affix our signatures and seals as of the Ist day of September, 2018.
CITY OF WYLIE, TEXAS
a home -rule municipality
M
ATTEST:
Stephanie Storm, City Secretary
Mindy Manson, City Manager
COMMUNITY WASTE DISPOSAL L.P.
0
ATTEST:
Greg A. Roemer, President
Amended and Restated Solid Waste & Recycling Contract Page 21
(Community Waste Disposal, L.P.)
2530832 / W2018-118-A
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EXHIBIT "A"
SPECIAL PROVISIONS
CITY OF WYLIE, TEXAS
EFFECTIVE SEPTEMBER 1, 2018
1. City Facilities. Bin collection service for City of Wylie facilities shall be provided at no
charge, with bins to be provided by the Contractor. Contractor will also provide recycle
service for City facilities at no charge.
11. Extreme Green Campaign.
A. Contractor shall provide 2 Extreme Green clean up events per year. Contractor shall
hold the event within the Wylie City limits at a site agreed upon by the City and the
Contractor. The event shall last for four (4) hours unless a different time frame is
agreed upon by the City and Contractor in writing. At the events Contractor will
provide residential collection and disposal services for:
Household hazardous waste
o Florescent bulbs
o Paints, wood stains
o Pool Chlorine and acid
o Some pesticides
o Aerosols
o Flammables
o Antifreeze
• Caulk, Joint compound
• RCRA Empty
• Oxidizers, organic peroxides
• Organic compounds
Electronics
• Analog computer
• Computer Router
• Mainframe computer
o Personal computer
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Exhibit A — Page 1
2530832 / W2018-118-A
o Cable TV transmitting or receiving equipment
o Flatbed scanner
• Media storage device
• Satellite TV transmitting equipment
• CD rom drive
• Telephone (cellular, cordless, wireless)
• Microcomputer
• Computer mouse
• Computer disk drives
• Printer
• Minicomputer
• TV (CRT, LCD, Plasma, Flat screen)
• Computer terminal
• Computer keyboard
• Desktop computer
Household metal appliances
o Refrigerator
• Freezer
• Washer
• Dryer
• Microwave
• Stove/oven
Automotive tires
o Standard passenger and SUV tires
o ATV tires
o Standard light duty truck tires
o Lawnmower tires
C
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Exhibit A — Page 2
2530832 / W2018-118-A
Document shredding
L o Blank statements
o Old bills
o Confidential information
Any changes to the agreed upon definitions will be mutually agreed upon by the
Contractor and the City. The cost for such events are described in Exhibit C of this
Contract.
111. Informational Services.
A. Contractor also agrees to support environmental educational opportunities 'within
the City, as well as other local festivals, events and fundraisers.
B. Contractor agrees to link its website to the City's website in order to make available
solid waste and recycling information and list the City information on Contractor's
website.
IV. Polycart Containers. Contractor agrees to deliver Polycart Containers to new customers
on the customer's move -in date or within three (3) days after the date of the request from
the City, whichever is later. If a Polycart Container must be changed out or repaired,
Contractor will deliver a substitute Polycart Container within one week after the date of
the request from the City or customer.
V. Pavement Damage in Alleys.
A. In addition to the obligation created by Section 5.13 of the Contract, 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.
B. Within fifteen (15) days after receipt of a notice of damage, pending substantiation
of cause and mutual agreement of both parties as outlined in Section 26.05(a), the
Contractor shall arrange for satisfactory repair of the alley pavement or repairs,
which will be performed by City forces and the City shall be 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.
C. If the parties cannot reach agreement on the above -referenced liability, damage, or
cost of repair, then the City is entitled to pursue all available legal remedies,
including but not limited to termination of this Contract.
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Exhibit A — Page 3
2530832 / W2018-118-A
1.
EXHIBIT "B"
PERFORMANCE STANDARDS
CITY OF WYLIE, TEXAS
EFFECTIVE SEPTEMBER 1, 2018
Residential and Commercial 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
Container will be collected with the regularly scheduled weekly service. Plastic
bags may be used inside the Polycart Container.
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:
CONTRACTOR will make weekly, brush and bulky collection available to Wylie
residents on a "call as needed" basis with a limit of (6) cubic yards per call and (24)
cubic yards per year, per household. Requests for bulk pickup beyond the (24) cubic
yards per year maximum will be charged to the resident requesting additional bulk
service.
Special collection of brush and bulky items will be made available to Residents at
the rate contained in Exhibit "C". Residents must call Contractor's dispatch office
to schedule collection.
Approved Containers:
(a) Polycarts
(b) Bundles placed at the curb or alley.
(c) Maximum weight bundle or container is not to exceed that which can be
lifted by two men, weight less than 150 pounds, and not to exceed 4 ft. x
4ft. x 8ft.
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Exhibit B — Page 1
2530832 /W2018-118-A
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G. Commercial Cart Collection:
Customers with an average weekly volume exceeding two (2) Polycart Containers
twice a week will be required to use container service unless there are extraordinary
circumstances. Any dispute in average weekly volume will be submitted to City
officials for decision.
H. Extreme Green:
Contractor will hold two (2) events per year wherein residents are allowed to bring
disposal items to the contractor at a site agreed upon by the City and the Contractor.
The event will last four (4) hours unless contractor and City agree, in writing to
shorten the event. Items collected at the event will include, items listed in Exhibit
"A".
1. 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:
Recycling 95 gallon Polycart Container.
11. Commercial Container Collection
A. Schedules Available: Up to six times weekly.
B. Hours of Operation: 7:00 a.m. — to completion or 6:00 a.m. to 7:00 p.m. in non-
residential areas.
C. New Service: Requests for new service will be filled within five (5) working days
of the date of the request.
D. 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., Contractor will attempt to make the pickup
that day. If unable, it will be made the following service day. There is a charge for
extra pickups and refills.
E. Container Maintenance: Containers that have been damaged will be exchanged or
repaired by the Contractor.
F. Gates and Enclosures: If a container is located in an enclosure with a gate a fee per
container per pickup will be assessed. This fee does not apply unless the enclosure
has a gate. See exhibit "C" for fee schedule.
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Exhibit B — Page 2
2530832 / W2018-118-A
G. Odor and Insect Control: The customer will be responsible for odor and insect
control in and around containers.
H. Casters: Casters and locks are available on containers at a charge per container per
pickup. See exhibit "C" for fee schedule.
1. Non -Payment: Customers will be notified in writing when thirty (30) days past
due. If unpaid after forty-five (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
City's Finance Department and City Code Enforcement.
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.
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Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Exhibit B — Page 3
2530832 / W2018-118-A
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EXHIBIT "C"
CITY OF WYLIE, TEXAS
EFFECTIVE SEPTEMBER 1, 2018
REFUSE AND RECYCLING SERVICE:
Residential - Single Family
Duplex Unit - Per Unit
Trailer Park - Per Unit
Additional Polycart Container, Per Unit
Extreme Green service fee
COMMERCIAL SERVICE:
SEPTEMBER (2018 Rate)
$9.01
$9.01
$9.01
$3.90
$0.44
Apartment (multi -family) Recycling - charge per Apartment Unit per month $0.73
Commercial Hand Collection, per 95 gallon polycart
Automated Collection Cost:
Once per week
Two carts once per week
Front Load Container Rates
$26.26
$49.89
I xwk
2 x wk
3 x wk
4 x wk
5 x wk
6 x wk
2 cu yd
$61.11
$130.48
$240.51
$335.57
$435.52
$537.08
3 cu yd
$84.22
$156.91
$261.51
$362.20
$488.26
$580.05
4 cu yd
$106.54
$199.13
$279.24
$388.84
$500.59
$620.85
6 cu. yd
$124.28
$227.59
$319.59
$440.32
$572.25
$706.80
8 cu yd
$138.81
$261.24
$359.93
$493.57
$638.63
$790.60
Additional Charges
Additional charge of $9.61 per pick up for containers on Casters
Additional charge of $9.61 per pick up for containers with 4 sided enclosures
Additional charge of $9.61 per pick up for containers with locks
8 cubic yard Cardboard Recycling Container I X per week
8 cubic yard Cardboard Recycling Container 2 X per week
Front load container exchange charge
Extra Pick Uns
2 cubic yard
3 cubic yard
4 cubic yard
6 cubic yard
8 cubic yard
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.)
2530832 / W2018-118-A
$89.22
$183.63
$88.88
$54.61
$55.82
$57.03
$59.46
$60.69
Exhibit C - Page I
Refills
2 cubic yard
$42.47
3 cubic yard
$43.68
4 cubic yard
$44.89
6 cubic yard
$47.33
8 cubic yard
$48.56
ROLLOFF CHARGES:
20 cubic yard per haul
$564.01 (M-F)
30 cubic yard per haul
$576.33 (M-F)
40 cubic yard per haul
$613.24 (M-F)
Delivery and Exchange
$432.40 (M-F)
Daily Container Rental
$8.66
COMPACTORS:
6 cubic yard compactor haul charge
$309.99 (M-F)
8 cubic yard compactor haul charge
$348.22 (M-F)
30 cubic yard compactor haul charge
$576.33 (M-F)
35 cubic yard compactor haul charge
$576.33 (M-F)
42 cubic yard compactor haul charge
$576.33 (M-F)
Disposal will be billed at $34.11 per ton; rates based on 4 ton minimum.
Returned check Charge $26.31
GROSS VEHICLE WEIGHT LIMITS:
Contractor reserves the right to adjust the size of commercial containers and the frequency of
collections of such containers if Contractor detennines that hauling an individual roll -off container
will cause Contractor to exceed its maximum license limits as approved by the State of Texas for
gross vehicle weight (GVW). In such instances, Contractor shall give notice to the customer and
adjust the size of said containers and/or the frequency of service to achieve compliance with GVW
limits. For all GVW pounds in excess of 54,000 pounds, Contractor may charge the commercial
customer two and one-half (2.5) times the standard disposal fee.
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Exhibit C — Page 2
2530832 / W2018-118-A
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COMMERCIAL RATES FOR WYLIE INDEPENDENT SCHOOL DISTRICT
Front Load Container Rates
Size/Pickup
I x week
2 x week
3 x week
4 x week
5 x week
6 x week
2 Cu Yd
$77.27
$147.67
$205.62
$286.93
$372.39
$459.22
3 Cu Yd
$85.56
$161.46
$223.56
$309.67
$417.46
$495.96
4 Cu Yd
$91.09
$169.74
$238.77
$332.45
$427.47
$530.85
16 Cu Yd
1 $106.26
$194.57
$273.25
$376.48
$4 9.25
$604.33
18 Cu Yd 1
$118.69
1 $219.43
1 $307.-751-
$422.03
$546.05
$675.95
WISD front load rates are net to Contractor, does not include billing fee, franchise fee and sales
tax do not apply.
CITY BILLS RESIDENTIAL
COMMUNTY WASTE DISPOSAL BILLS COMMERCIAL & ROLLOFF (Includes 5%
Contractor Fee, excluding WISD)
CITY ACCOUNT #9015397
CONTACT UTILITY BILLING
972.442.8131 — FAX 972.442.8105
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Exhibit C — Page 3
2530832 / W2018-118-A
EXHIBIT "D"
CITY OF WYLIE, TEXAS
EFFECTIVE SEPTEMBER 1, 2018
RECYCLE REBATE REVENUE CALULATIONS:
Total Revenue from the sale of all commodity (collected in the City of Wylie) times (60%) minus
total processing fees.
Example;
Total Revenue from the sale of commodity $243,191.37
City Share of Gross Revenue (60%) $145,914.82
Less total processing fee $131,069.49
Revenue due to the City $ 14,845.33
Current Value = $6.25 per ton.
NOTES
Processing fee will be adjusted annually based on DFW CPlU
Component % will be periodically adjusted based on plant actual results.
Per ton value shall not exceed $40.00
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Exhibit D — Page 1
2530832 / W2018-118-A
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EXHIBIT "E"
CITY OF WYLIE, TEXAS
INSURANCE REQUIREMENTS
W2018-118-A Solid Waste & Recycling Contract
Contractor and/or service provider (herein called "Contractor") shall procure and maintain for the duration
of the contract or services to be performed, insurance as outlined in this document and the cost of such
insurance shall be borne by the Contractor. The Contractor is not relieved of any liability or other obligations
assumed or pursuant to this agreement by reason of its failure to obtain or maintain insurance in sufficient
amounts, duration, or types.
A certificate of insurance and accompanying endorsement pages meeting all requirements and provision
outlined shall be provided to the City of Wylie prior to the execution of any contract, start of any services being
performed or rendered, contract extension or renewal. Renewal certificates shall also be supplied upon
expiration. Contractor also acknowledges that in award of a contract, the bid specification and/or the issuance
of a purchase order constitutes a written contract and all insurance requirements are in effect.
A. GENERAL REQUIREMENTS FOR ALL CERTIFICATES: The following terms are required by the
Fity of Wylie, Texas for all policies:
• Contractor shall procure and maintain for the duration of the contract, insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the vendor, his agents, representatives, employees (TX Administrative Code
Chapter 110, Subchapter B, Rule 110.110), or any other"persons providing services on the project" as set
forth in this section.
• Duration of the project includes the time from the beginning of work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental entity.
• Persons Providing Services on the Project - Includes all persons or entities performing all or part of the
6w services the Contractor has undertaken to perform on the project, regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has employees. This
includes, without limitation, independent contractors, subcontractors, leasing companies, motor
carriers, owner -operators, employees of any such entity, or employees of any entity which ftimishes
persons to provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other services related to a project.
• Upon written request by the City, Contractor shall furnish within ten (10) business days, current
certificate(s) of insurance and endorsement pages evidencing the required coverage; and shall furnish the
City with current certificates prior to any contract renewals or extension.
• All insurance policies that are required to name the City as an additional insured must be endorsed to read
as primary and non-contributory coverage regardless of the application of other insurance.
• The certificate forms must be approved by the Texas Department of Insurance, and are to be signed by a
person authorized by the insurer to bind coverage on its behalf The City will not accept Memorandums of
Insurance or Binders as proof of insurance.
• All policies must be issued by a company that maintains a rating of "A- VI" or better by A.M. Best's Key
Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas,
• Each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided,
canceled or non -renewed by either party, reduced in coverage or in limits except after 30 days written
notice to the City for all occurrences, except 10 days written notice to the City for non-payment.
0 Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City,
its officers, officials, employees, boards and commissions or volunteers.
1. Public or General Liabili1y and Automobile Liability Coverages:
Additional Insured - The City, its officers, officials, employees, boards and commissions and
volunteers, and Consulting Engineer are to be added as "Named Additional Insured's" relative to
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Exhibit E — Page 1
2530832 / W2018-118-A
liability arising out of activities performed by or on behalf of the contractor, products and completed
operations of the contractor, premises owned, occupied or used by the contractor. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
officials, employees or volunteers. ISO additional insured endorsement CG 20 10 and CG 2037 or
their equivalent, including coverage for City with respect to liability arising out of the completed
operations of the Contractor shall be utilized
• Waiver of Subrogation - The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising (including but not limited to death,
property damage, or any other loss to the extent that same is covered by the proceeds of the insurance)
from work performed by the contractor or sub -contractors for the City.
• Primary Coverage - The contractor's insurance coverage shall be primary insurance in respects to the
City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by
the City, its officers, officials, employees or volunteers shall be in excess of the contractor's insurance
and shall not contribute with it.
• All insurance requirements and subsequent certificates are contract specific, and must reference the
City's contract number.
• The contractor's insurance shall apply separately to each insured against whom the claim is made or
suit is brought, except to the limits of the insured's limits of liability.
2. Workers Compensation
• Waiver of Subrogation - The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from work performed by the
contractor for the City. Contractor must cause a waiver of subrogation to be effected under its
workers' compensation coverage.
• In the event that Contractor is not required by the laws of the State of Texas to carry Workers'
Compensation, the Contractor shall provide a written statement on company letterhead.
B. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. General Liabilijy:
ISO Form Number GL 00 01 (or similar form) covering Comprehensive General Liability.
"Occurrence" form only, "claims made" forms are unacceptable. City to be listed as Additional
Insured, and a specific Waiver of Subrogation.
2. Workers Compensation and Employer's Liability:
• Workers Compensation insurance as required by the Labor Code of the State of Texas, including
Employers' Liability Insurance. City to be provided a specific Waiver of Subrogation. Workers'
Compensation coverage shall be based on proper reporting of classification codes and payroll
amounts, and filing of any coverage agreements which meet the statutory requirements of the Texas
Labor Code and shall apply to all employees of the contractor providing services under the proposed
contract.
• The Contractor waives all rights against City and its agents, officers, directors and employees for
recovery of damages under service provider's workers' compensation and employers' liability or
commercial umbrella liability insurance. Contractor must cause a waiver of subrogation to be
effected under its workers' compensation coverage.
• In the event that Contractor is not required by the laws of the State of Texas to carry Workers'
Compensation, the Contractor shall provide a written statement on company letterhead.
3. Automobile Liabilijy:
0 Automobile Liability as required by the State of Texas, covering all owned, hired, or non -owned
vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract.
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Exhibit E — Page 2
2530832 / W2018-118-A
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C. MINIMUM LIMITS OF INSURANCE Contractor shall maintain throughout contract limits not less than
those stated in this agreement.
D. DEDUCTIBLES AND SELF -INSURED RETENTIONS
Any deductible or self -insured retention in excess of $ 10,000 must be declared to and approved by the City.
E. VERIFICATION OF COVERAGE:
• Contractor shall provide the City with certificates of insurance indicating coverage's required.
• The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf, and
must be a certificate form that has been approved by the Texas Department of Insurance. City will not
accept Memorandums of Insurance or Binders as proof of insurance.
• Contractors shall provide the City evidence that any/all subcontractors performing work on the project have
the same types and amounts of coverage as required herein; or that the subcontractors are included under
the contractor's policy.
• The City reserves the right to require complete, certified copies of all required insurance policies at any
time.
Amended and Restated Solid Waste & Recycling Contract
(Community Waste Disposal, L.P.) Exhibit E — Page 3
2530832 / W2018-118-A