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HomeMy WebLinkAboutOrdinance No. 179 ORDINANCE AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE FOR REFUSE COLLECTION, ATTACHING THE APPROVED CONTRACT AS EXHIBIT ' AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas, is hereby authorized to execute on behalf of the City a contract with~/~~ for refuse collection in the amount/o~-'~ ~.~ The approved form of such contract is attached hereto as Exhibit "A" and made a part hereof for such purposes. SECTION 2. This ordinance shall take effect immediately from and after its passage at a regular meeting of the City Council. PASSED AND APPROVED ON THE /f DAY OF ~'~.~.~ , 1981. APPROVED ~HARD TURN]~R, DULY~ ~CORDED: CE C~ROLL, CITY SECRETLY CITY ATTORNEY CONTRACT THIS CONTRACT, made and entered into by and between the City of The Colony, Texas, a home rule city of Denton County, Texas (hereinafter called "City"), and Texas Waste Management, a waste management company, (hereinafter called "Contractor"). W IT N E SS E T H: In consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as fonows: 1. GRANT OF FRANCHISE The Contraetor is hereby granted a franchise, license and privilege to use the pubtie streets, alleys and thoroughfares within the territorial jurisdiction of the City for the purpose of engaging in the business of refuse eoneetion, removal and disposal services as specified herein and to perform all the work called for and described herein. City agrees to require all residents within the corporate limits of the City to make use of the refuse collection, removal and disposal services which will be provided under the terms of this franchise agreement. 2. SCOPI~- OF WORK The Contractor shall provide the services called for and described herein which shall consist of all supervision, materials, equipment, labor, customer service and all other items or activities necessary to provide City with complete residential refuse ~eolleetion, removal and disposal and to complete said work in accordance with the contract documents. 3. TYPE OF SERVICE Contractor shall perform solid waste collection service for all single family and duplex residences within the corporate limits of the City. 4. FREQUENCY OF COLLECTION Contractor shall provide twice a week collection service. At the Contractor's option such service may be provided on four or six collection days. Collection shall not take place on Sunday. 5. TYPE OF PICKUP Contractor shall provide alley pick~lp for all residential customers who can be served by alley collection. In the event that a residence is not located adjacent to a public alley, Contractor shall provide curbside service adjacent to the public street. Customers shall place solid waste for collection in the City's right-of-way adjacent to the public alley pavement or, if curbside service is required, behind the curb in the street right-of-way. 6. HOURS OF COLLECTION Contractor shall not start collection of solid waste ~ntil 7:00 o'clock A. M. on each working day. Contractor shall endeavor to complete collection service by 5:00 o'clock P. M. If exceptional circumstances, such as unusual weather or equipment failure, prevent Contractor from completing the collection route by 5:00 o'clock P.M., Contractor shall continue collection to complete the route. 7. NUMBER OF ROUTES The number of routes may vary during the term of the franchise. Contractor shall be required to divide collection work into enough routes to regularly complete collection work between the hours of 7:00 o'clock A.M. and 5:00 o'clock P.M. 8. TYPE OF SOLID WASTE TO BE COLLECTED Contractor shall collect all garbage, rubbish and bulky items set out for pickup at a residence with the following excepti.ol~s: (a) Construction debris ]eft over from construction, remodeling, repair, demolition or landscaping work. (b) Tree, shrub or brush trimntings which exceed five (5) feet in length or sixty (50) pounds in weight. (c) Automobile parts which exceed five (5) feet in length or sixty (60) pounds in weight. (d) Hazardous wastes. (e) Dead animals or stable matter. 9. TYPE OF CONTAINERS City will by ordinance require custon~ers to ~se cnclo.~cd plastic bags for garbage. Customers may use other disposal containers for loose rubbish. All containers shall maintain their integrity during tile collection process. Customers shall not use reusable containers whicll will require Contractor to return containers after collection. Loose rubbish such as newspapers or tree limbs may be bundled by the customer instead of putting them in containers. The loaded weight of individual ?ontainers or bundles shall not exceed sixty (60) pounds. 10. TYPE OF COLLECTION FOR BULKY ITEMS Contractor may cl~oose to pick np bulky items with regular collection service, collect bulky items on an on-call basis, or schednle city,vide bulky item pickups. If regular collection service is chosen, Contractor must collect bulky items on the regular collection day when the item is set out for collection. If Coniractor chooses special item pickup, collection must be made within three (3) working days of notification by the customer. If the Contractor chooses city,vide bulky £tem pickups, collection must be provided on a regularly scheduled basis, not less than once every two months. 11. CUSTOMER SERVICE Between the hours of 8:00 o'clock A. M. and 5:00 o'clock P. M. on all collection days, Contractor shall provide customers with the means of making service inquiries or registering complaints. At a minimui~,-Contractor shah maintain an office in the Metroplex area to which custo~ners can make toll free te]ephone calls to discu~ service needs with a responsible person in the Contractor's employment. At all other times Contractor shall have an Answering Service or Mcssage Recorder which will enable citizens to advise the Contractor of service needs. Contractor shall investigate all service complaints in a timely manner. 12. EQUIPMENT A. Condition of Equipment Within six (6) months of the start of the contract, Contractor shall be required to obtain new vehicles for use as primary collectian vehicles. If new vehicles are not available at the start of the contract, the Contractor shall furnish the City with written evidence that new vehicles are on order and will be put into service with six (6) months of the contract starting date. Used equipment in good working condition and less than three (3) years old at the start of the contract may be used as backup equipment throughout the initial term of the contract. Such vehielas may be used as primary vehicles while awaiting delivery of new vehicles during the first six (6) months of the contract. During the term of the contract Contractor shall maintain all primary and backup collection equipment in good working order. Special regard shall be given to insuring that all vehicles are safe to operate and are in compliance with all applicable state laws. Contractor shall also plainly mark all collection vehicles with the Contractor's name and toll free telephone number. B. Type of Equipment Contractor may use rear loading or side loading equipment which can readily operate in alleys throughout the City. The paved surface of public alleys in the City is ten (10) feet wide. The concrete material is five (5) inches deep and is steel ~reinforced in most sections of the City. All equipment of the Contractor shah have a wheel base of two hundred four (204) inches or less, and a rear axle rating of 26,000 lbs. or less. Contractor shall not use tandem axle units. No vehicle shall have a rated capacity greater than 30 cubic yards. C. Equipment Inventory Contractor shall furnish City with a listing of proposed collection equipment which shall include the make, model, year of manufacture, description, capacity, unit number, and license number. This inventory shall be updated during the term of the contract as equipment changes are made. 13. DISPOSAL ARRANGEMENT A. Ownership of Materials All materials collected by Contractor shall become thc property and responsibility of Contractor upon collection. In the event that the Contractor disposes of the solid waste in a resource recovery process, then the gross revenue realized from resource recovery shall be included in the total gross reven~e realized from the collection operation and shall be subject to the franchise fee inch~ded in this contract. This portion of the franchise fee shall be paid directly by Contractor to the City from resource recovery revenues mid this cost shall not be borne by the customer. B. Disposal Site Contractor shall dispose of all solid waste material in a disposal facility licensed and permitted by the State of Texas. The disposal facility shall be operated in accordance with all applicable state and federal laws and regulations. If Contractor chooses a disposal facility which is owned and operated by Contractor, Contractor must certify that the disposal facility will be at all times Capable of serving the City's needs for the term of the contract. If Contractor chooses a disposal facility which is owned and operated by another corporation or public entity,. Contractor must submit and keep current a Letter of Intent and Agreement from the owner and Operator of the disposal facility which states that the Contractor may dispose of the City's solid waste in that facility for the term of the-c-ontract. This requirement will be waived if Contractor chooses to dispose of the City's solid waste in the City of Farmers Branch landfill 14. TERM OF CONTRACT The contract term shall be for a five (5) year I~riod starting January 1, 1982, and ending December 31, 1986. Not later than one year prior to thc expiration of this contract, Contractor shall notify the City in writing of Contractor,s intention to continue the contract or not. If the parties agrce, the contract may be renewed for an additional five (5) year term on such agreements and covenants as they shall at that time enter into, or the contract may be renewed upon the same terms and conditions as are contained herein. 15. PERFORMANCE BOND Contractor shall provide the City with a Corporate Surety Bond, in a form to be approved by tbo City Attorney, as security for the faithful performance of the contract on his part, free and clear of all liens arising out of claims for labor or materials, in a good and workmanlike manner, and to indemnify and save harmless the City for all loss, cost or damage that it may suffer by reason of the failure of the Contractor to so perform. "Performance" shall mean compliance with all of the terms and conditions of the contract documents in a good workmanlike manner. The performance bond shall be in the principal sum of $125,000.00. The annual premium to the surety company for such performance bond shall be paid by Contractor. A certificate from the surety showing that tile bond premiums are paid in full shall accompany the bond, which shall be delivered to the City before the effective date hereof. This bond shall remain in effect during the full term of the contract and such (~ertificate shall be furnished by Contractor to City within a reasonable time after the payment of the bond premiums as they come dne on a periodic basis. 16. NATURE OF CONTRACT This contract is to grant a franchise for collection service to residences within the City. It does not extend to commercial, industrial, institutional or multi-family housing collection. The City reserves the right to award a franchise for such collection service under another contract. This contract is not assignable in whole or in part without the prior express written consent of the City. 17. FRANCHISE FEE The Contractor shall pay to the City a franchise fee equal to ~ % of Contractor's gross resource recovery receipts, as defined in Section 13-A hereof. In addition thereto, City shall add to thc monthly bid price a franchise fee representing a percentage of Contractor's gross collections, and said fee shall be bilied and paid as provided herein. 18. BILLING AND COLLECTION City shall provide Contractor with billing and collection service through an interlocal agreement with The Colony Municipal Utility District. Residents of all occupied single family and duplex housing units withia tl~e city shall be required by ordinance to pay for collection service along with water and sewer charges. For biking purposes, a residence shah be considered occupied if it is an active Colony Municipal Utility District account receiving water and sewer service, except if the residence is a new home never before occupied. If water service is turned off for any reason, no fee shah be paid to Contractor for collection service. Customers will be billed for collection service after it is received. Payment for services rendered will be made by City to Contractor on or before tile 10th working day of tile month after the service is provided. City shaLl pay for all active accounts eald shall be responsible for paying Contractor for services provided to delinquent accounts, un]ess City has notified Contractor in writing to stop providing service to certain accounts. The charge to all residential customers shall be one all-incl{~'sive charge for all services provided, including the monthly bid price, the franchise fee for gross collections, and tile billing service charge made by Thc Colony Municipal Utility District. The aH-inclusive charge for tile customer will include special bulky item pickup and Contractor shall not charge any resident any extra charge for any services provided imder the scope of this contract. ° 19. CONTRACTOR INSURANCE Contractor shall meet the following minimum insurance requirements during the full term of the contract: (a) Workers Compensation in accordance with statutory requirements. (b) Bodily Injury LiabKity of at least $250,000.00 for each individual and $500,000.00 aggregate for each accident. (c) Property Damage Liability of at least $100,000.00 for each occurrence. (d) Employers Comprehensive General Liability of at ]east $250,000.00. Contractor's insurers shall provide City with certificates of insurance for all types of required insurance at least thirty (30) days prior to the start of the contract. Contractor's insurers shall also notify City at least thirty (30) days prior to cancellation or any meaningful change in policy coverage required herein. 20. tIOLIDAY WORK SCHEDULE Contractor shall be entitled to observe New Year's Day, Memorial Day, the l:ourth of July, Labor Day, Thanksgiving Day, and Christmas Day as holidays. 21. REPORTING REQUIREMENTS Contractor shall provide City with a monthly service report, within ten working days of the end of each month, which describes collection performance, equipment status, employment status, disposal volume, customer service requests and Contractor response. The report shad identify problems which make it difficult for Contractor to provide service as required in tile contract. In this report, Contractor shall notify City of all claims against Contractor resulting from work performed under the terms of this contract and of ali automotive accidents involving Contractor's collection equipment. Contractor shall notify City in writing at least thirty (30) days in advance of any proposed change in operating procedures. Contractor shall provide City with an annual financial statement which accurately reflects Contractor's cost of providing collection and disposal service to the City, together with an accounting of Contractor's resource recovery receipts. 22. START UP REQUIREMENTS During the month of December, 1981, Contractor shall notify each customer of the collect/on day for such customer and of the Contractor's service requirements. This notification shall be made by direct mail or other means approved by City. 23. NONDLSC~{IMINATION Contractor shall not discriminate against any person because of race, sex, ege, religion, or national origin. 24. LICENSE AND TAXES Contractor shall, at his expense, obtain all necessary licenses and permits and pay all local, state or federal taxes which rcs~llt from work performed m~der this contract. 25. INDEMNITY Contractor will indemnify, save harmless and exempt City, its officers, agents, or employees from and 'against any and all s~lits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees incident to any work done in the performance of this contract arising out of a willful or negligent act or omission of Contractor, its officers, agents and employees. 26. BASIS OF PAYMENT A. First Year During the first year of the contract, City shall pay Contractor the net bid price as established hereby for each occupied single family or duplex housing unit in the City, such payments to be in accordance with p~ragraph 18 hereof. The net bid price shall be exclusive of the Municipal Utility District's billing and collection charge and the City's franchise fee for gross collection as described herein. B. Rate Modification Formula Each year after the initial contract year, the service rates shall be raised or lowered to reflect changes in the Dallas area Consumer Price Index (CPI) as published by the Bureau of Labor Statistics. Rate changes will be calculated on the basis of the change of thc Dallas area CPI dnring successive twelve (12) month periods beginning July 1, 1981. The formula for changing the rate will be eqtml to sixty (60%) percent of the net percentage change of the Dallas area CPI. All percentage changes are to be computed as the difference between the index value immediately prior to the rate setting period and the index value at the end of thc rate setting period divided by the index value immediately prior to the rate setting period. The first index value will be the June, 1981, Dallas area CPI. o C. Rate Setting City will notify Contractor of the proposed rate adjustment as determined by the rate making formula prior to September ] of each year. The new rate will go into effect with the billing for collection service rendered in Jannary of the succeeding year. D. Rate Adjustment If changes in federal or state laws or. regulations reduce or increase Contractor's cost of doing business, Contractor or City may petition for a rate adjustment. If Contractor disposes of solid waste at the City of Farmers Branch landfill and that city increases its disposal cost, the Contractor may petition the City for a rate adjustment on the basis of clmng}ng landfill costs. If Contractor chooses to use its own dispos~l facility or another corporation's disposal site, disposal cost increases shall not be subject to rate adjustments. 27. RATES CHARGED FOR RESIDENTIAL UNgI~S The initial monthly bid price for collection and disposal of each residential unit in the City is $. g-~ ---- per unit. This figure does not inclade the City franchise fee or the Municipal Utility District billing charge. 28. DEFINITIONS A. Ba~s Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by the top. In no cvent shall the total weight of a bag and its contents exceed sixty (60) pounds. B. Bulky Items Stoves, refrigerators, water tanks, washing machines, furniture and other large waste materials. C. Bundle Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding five (5) feet in length or sixty (60) pounds in weight. D. City City of The Colony, Texas. 10. E. Construction Debris Waste building materials resulting from construction, remode]ing, repair, demolition or landscaping operations. F. Contract Documents The Request for Proposals, Iastruetions to Proponents, Contractor's Proposal, General Specifications, the Contract, Performance Bond and any addenda or changes to the foregoing documents agreed to by the City and the Contractor. G. Contractor The person, corporation or partnership performing collection and disposal operation under contract with the City. It. Customer An occupant of a Residential Unit who generates Refuse. I. Dead Animals Animals or portions thereof equal to or greater than ten (10) pounds in weight that have expired from any cause, except those shmghtered or killed for human use. J. DisDosal Facility A depository for garbage, rubbish nnd bulky items, including but not limited to sanitary landfills, transfer stations, incinerators, and waste processing/separation centers licensed and permitted by all governmental bodies and agencies having jurisdiction. K. Garbage Any and all dead animals of less than ten (10) pouuds in weight, except those slaughtered for human consumption~ every accumulation of waste (animal, vegetable and/er other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents)l except (in all eases) any matter included in tim definition of Bulky Items, Construction Debris, Dead Animals, ltazardous Waste, Rubbish or Stable Matter. 11. L. Hazardous Waste Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or approprinte agency of the State to be "hazardous" as that term is defincd by or pnrsuant to Federal or State ]aw. M. Landfill A lawfully permitted sanitary landfill of the Contractor's selection. N. Residential Unit A single family or duplex dwelling within the corporate limits of the City. A Residential Unit shah be deemed occupied when water and sewer service is supplied thereto by The Colony Municipal Utility District, unless it is unoccupied and is a new unit not previously occupied. O. Rubbish All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and hoots, 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 ail other waste materials not included in the definition of Bulky Items, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. P. Stable Matter AL! 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. 29. SEVERABILITY CLAUSE In the event any provision or portion of this contract shah be found to be invalid or unenforceable, then such provision or portion hereof shah be reformed in accordance with applicable laws. The inw~lidity or unenforceability of any provision or portion of this contract shall not affect the wlidity or enforccability of thc other provisions or portions of this contract, and the contract shah be enforced as if the invalid or unenforceable provision had not been included herein. 12. IN WITNESS WHEREOF, we, thc contracting parties, by our duly authorized agents, hereto affix our signatures and seals this the __ day of 1981· CITY OF 'rile COLONY, TEXAS By: MAYOR y. CITY MANAGER ATTEST: By: CITY SECRETARY CONTRACTOR ' By: PRESIDENT ATTEST: By: SECRETARY 13.