HomeMy WebLinkAboutResolution No. 2015-045CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2015-04S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, APPROVING THE TERMS AND
CONDITIONS OF A SECOND CONTRACT AMENDMENT BY
AND BETWEEN THE CITY OF THE COLONY AND ALLIED
WASTE SYSTEMS, INC. FOR CHANGES TO THE TERMS OF
SERVICE AND CHANGES TO THE RATE INCREASE
FORMULA, INCORPORATED HEREIN AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT AMENDMENT; PROVIDING AN EFFECTIVE
DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas, has duly
reviewed and considered the Second Amendment to the Commercial & Industrial Solid
Waste and Recycling Collection Contract by and between the City of The Colony and
Allied Waste Services, Inc., for the purpose of extending the lease term and to make
changes to the rate increase formula.
Section 2. That this Second Amendment, attached hereto as Exhibit "A", is
found to be acceptable and in the best interest of the City and its citizens, and the City
Manager is hereby authorized to execute the Amendment on behalf of the City of The
Colony, Texas, with the terms and conditions as stated therein.
Section 3. That this resolution shall take effect immediately from and after
its passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 19'h day of May, 2015.
n
: "U W .
:��t Alk
Christie Wilson, TRMC, City Secretary
APPROVED AS TO FORM:
e Mc ourry, May,
City of The Colony, r s
.0
IAL
SECOND AMENDMENT TO THE COMMERCIAL & INDUSTRIAL AND
RESIDENTIAL SOLID WASTE COLLECTION, TRANSPORT AND DISPOSAL AND
RESIDENTIAL RECYCLING COLLECTION, TRANSPORT & PROCESSING
AGREEMENT
This Second Amendment to the Commercial & Industrial and Residential Solid Waste
Collection, Transport and Disposal and Residential Recycling Collection, Transport &
Processing Agreement (the "Second Amendment"), is entered into on , 2015, by
and between the City of The Colony, Texas (the "City"), a Texas home-rul municipality, acting
by and through its governing body, the City Council (hereinafter referred to as the "City
Council"), and Allied Waste Systems, Inc., a Delaware corporation d/b/a Allied Waste Services
of Plano ("Contractor").
RECITALS:
WHEREAS, on or about June 1, 2007, the City and Contractor entered into a
Commercial and Industrial and Residential Solid Waste Collection, Transport and Disposal and
Residential Recycling Collection, Transport and Processing Agreement (the "Original
Agreement"); and
WHEREAS, on or about May 12, 2012, the City and Contractor entered into a First
Amendment to the Commercial and Industrial and Residential Solid Waste Collection, Transport
and Disposal and Residential Recycling Collection, Transport and Processing Agreement
(hereinafter referred to as the "First Amendment"); and
WHEREAS, the City and the Contractor find and determine it is in the best interests of
the parties to amend the Original Agreement and First Amendment to address certain obligations
of the parties in accordance with the terms of this Second Amendment.
NOW, THEREFORE, upon the mutual covenants, conditions and promises contained
herein, the parties hereby agree as follows:
SECTION 1. AMENDMENTS TO ORIGINAL AGREEMENT AND FIRST
AMENDMENT.
(a) Amendment to Original Agreement. That the definition of "CPI -W" contained in
Section 1.0 of the Original Agreement is hereby repealed in its entirety and is hereby
replaced with the definition of "CPI - All Urban Trash and Garbage Collection Services
Index" which shall read as follows:
"CPI — All Urban Trash and Garbage Collection Services Index. CPI will be factored
and utilized at a seventy percent (70%) Trash and Garbage Index and any Landfill
increase will be factored and utilized by thirty percent (30%)."
(b) Amendment to Original Agreement. That the definition of "Producer Price Index or
(PPI)" contained in Section 1.0 of the Original Agreement is hereby repealed in its
entirety.
(c) Amendment to Original Agreement. That Section 2.4 of the Original Agreement is
hereby amended to read as follows:
"2.4 The Contractor shall collect and transport recyclables to a location directed by the
City or agreed upon by the City for processing and sale (see Appendix B for details on
the processing and sale and rebate of the recyclables back to The Colony)."
(d) Amendment to Original Agreement. That Section 4.1 of the Original Agreement is
hereby amended to read as follows:
"4.1 The term of service for the Agreement through this Second Amendment is
extended for one (1) additional five (5) year term through May 31, 2020. Either party
may cancel this Original Agreement by notifying the other party by certified mail a
minimum of One Hundred Eighty (180) days prior to the expiration date of the term."
(e) Amendment to Original Agreement. That Section 5.2 of the Original Agreement is
hereby amended to read as follows:
"5.2 The rate modification formula to be used during the terms of this Agreement is
the CPI — All Urban Trash and Garbage Collection Services Index. The CPI will be
factored at seventy percent (70%) with landfill increase to be factored at thirty percent
(30%)."
(f) Amendment to Original Agreement. That Section 5.3 of the Original Agreement is
hereby amended to read as follows:
"5.3 The Contractor may ask for rate modification for the following reasons outside of
the rate modification formula stipulated in section 5.2 and Appendix B of this Agreement
for the following events:
a. increases due to State and/or Federal Regulatory mandates."
(g) Amendment to Original Agreement. That Section 5.4 is added to the Original
Agreement and shall read as follows:
"5.4 The base CPI differential used shall be for the preceding twelve (12) month
period. At no time shall the base index used to calculate the differential be older than the
most recent twelve (12) month period."
(h) Amendment to Original Agreement. That Section 5.5 is added to the Original
Agreement and shall read as follows:
"5.5 In accordance with 5.1 the first such calculation of this differential shall be for the
period of June 2017 through June 2018."
Page 2 of 6
(i) Amendment to First Amendment. That Appendix "A" of the First Amendment and as
otherwise amended is hereby repealed in its entirety and is replaced with a new Appendix
"A" which is attached hereto as Exhibit I and is incorporated herein for all purposes.
(j) Amendment to Original Agreement. That Appendix `B" of the Original Agreement is
repealed in its entirety.
(k) Amendment to Original Agreement. That Appendix "C" of the Original Agreement is
renamed as Appendix `B."
(1) Amendment to Original Agreement. That the second paragraph of the Section titled
"Grant of an Exclusive Contract / Term" of the Original Agreement which states as
provided below is hereby deleted in its entirety.
"The exclusive contract granted hereby shall begin on June 1, 2007 and end on May 31,
2013, unless (1) one and/or (2) two (2) two year extensions are granted by the City or
sooner terminated in accordance with the provisions hereof."
SECTION 2. MISCELLANEOUS PROVISIONS.
(a) Caption Headings. Caption headings in this Second Amendment are for convenience
purposes only and are not to be used to interpret or define the provisions of the Second
Amendment.
(b) Counterparts. This Second Amendment may be executed in one or more counterparts,
each of which shall be deemed an original and all of which shall constitute one and the
same document.
(c) Effective Date. The effective date (the "Effective Date") of this Second Amendment
shall be the date of the latter to execute this Second Amendment by the Contractor and
the City.
(d) Original Agreement and Any Amendments. All of the terms, conditions, and
obligations of the Original Agreement and First Amendment remain in full force and
effect except where specifically modified by this Second Amendment.
(e) Severability. The provisions of this Second Amendment are severable. If any paragraph,
section, subdivision, sentence, clause, or phrase of this Second Amendment is for any
reason held by a court of competent jurisdiction to be contrary to law or contrary to any
rule or regulation have the force and effect of the law, the remaining portions of the
Second Amendment shall be enforced as if the invalid provision had never been included.
[The Remainder of this Page Intentionally Left Blank]
Page 3 of 6
IN WITNESS WHEREOF, the Parties have executed this Second Amendment to the
Commercial & Industrial and Residential Solid Waste Collection, Transport and Disposal and
Residential Recycling Collection, Transport & Processing Agreement as of the Effective Date.
ALLIED WASTE SYSTEMS, INC.,
a Delaware cotion
By:
Name: �,.K.ons
Title: �aeyh
Date: tnm,� .q, It-;kS
CITY OF THE COLONY, TEXAS,
A Texas home -rule municipality
By:
O.Powe , City Manager
Date:
ATT ST:
Christie Wilson, City Secretary
Page 4 of 6
Exhibit I
APPENDIX "A"
(RESIDENTIAL & COMMERCIAL FEES)
EFFECTIVE DATE: JUNE 1, 2015
Rates quoted do not include state sales tax or ROW Usage fees as indicated herein.
RESIDENTIAL MUNICIPAL SOLID WASTE
1) $9.14 per month per residential customer for once a week with a 95 gallon
(minimum) wheeled poly cart for the collection of MSW. This price also
includes the twice per month cost of Bulky item collection.
2) $7.12 per month per residential customer for second and/or third solid waste
container.
GREEN WASTE RECYCLING
1) $3.29 per month per residential customer weekly collection of green waste.
RESIDENTIAL RECYCLING:
1) $2.35 per month per residential customer for once a week with a 95 gallon
(minimum) wheeled poly cart for the collection of recyclable materials.
TOTAL RESIDENTIAL PRICE:1$ 4.78 PER MONTH.
MULTI -FAMILY RECYCLING:
a. Rates will be determined on a case by case assessment of each multi -family
facility needs.
COMMERCIAL SERVICE CHARGES: Front Load
SIZE
95 G
21.44
30.27
36.18
50.75
60.54
2 YD
71.99
126.51
181.06
290.09
344.64
41.66
3 YD
82.47
144.00
205.51
328.53
390.06
41.66
4 YD
92.67
161.19
229.69
N2988
366.70
435.20
47.61
6 YD
112.02
194.50
276.98
441.97
524.42
53.56
8 YD
130.04
226.50
322.97
515.88
612.33
59.51
Page 5 of 6
Will provide caster and locks.
$ 3.78 per caster, per month / per lift
$ 1.45 per gate, per month / per lift — Republic Services shall close all gates after each
service has been performed.
$ 1.45 per lock, per month / per lift
Delivery / exchange charge - $50.00 — Customer allowed one exchange at no charge per
year.
COMMERCIAL SERVICE CHARGES: Open Top Roll Off
SIZE
DELIVERY RENTAL
HAUL&DIS •
15 YD
113.07
5.36
335.73
20 YD
113.07
5.36
361.03
30 YD
113.07
5.36
422.71
40 YD
113.07
5.36
449.61
COMMERCIAL SERVICE CHARGES: Compactors
SIZE DELIVERY RENTAL HAUL & DISPOSAL
30 N/A NEO 428.82
35 N/A NEO 449.51
40 N/A NEO 475.24
TEMPORARY CONSTRUCTION & DEMOLITION SERVICE CHARGE:
6yd Front Load Temp
Delivery
Rental per day
Grapple Truck Service
$83.31 per lift
$59.51
$2.38
$97.85/hr. phis disposal
Page 6 of 6