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HomeMy WebLinkAboutResolution No. 07-028 CITY OF THE COLONY, TEXAS RESOLUTION NO. 07jL~'tf A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A RESIDENTIAL, COMMERCIAL AND INDUSTRIAL SOLID WASTE AND RESIDENTIAL RECYCLING AGREEMENT WITH ALLIED WASTE SERVICES FOR A SIX YEAR PERIOD BEGINNING JUNE 2, 2007; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT A; AND 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 hereby approves the RESIDENTIAL, COMMERCIAL AND INDUSTRIAL SOLID WASTE AND RESIDENTIAL RECYCLING AGREEMENT WITH ALLIED WASTE SERVICES FOR A SIX YEAR PERIOD BEGINNING JUNE 2, 2007. Section 2. That a true and correct copy of the Agreement is attached hereto and incorporated herein, as exhibit A. Section 3. That the city manager is authorized to execute the Agreement on behalf of the city. Section 4. 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 2nd day of Auril. 2007. Dillard, Mayor of The Colony, Texas ~Lk ~~ Christie Wilson, TRMC, City Secretary COMMERCIAL & INDUSTRIAL AND RESIDENTIAL SOLID WASTE COLLECTION, TRANSPORT AND DISPOSAL AND RESIDENTIAL RECYCLING COLLECTION, TRANSPORT & PROCESSING AGREEMENT This Commercial & Industrial and Residential Solid Waste Collection, Transport and Disposal and Residential Recycling Collection, Transport, Processing and Sale Agreement, ("Agreement"), is entered into June 1,2007, by and between the CITI OF THE COLONY, this is home-rule municipality located in Denton County, Texas, and Allied Waste Services. WHEREAS, under the laws of the State of Texas and the Charter of the City, the City has the authority to grant an exclusive franchise upon such terms and conditions as it deems are reasonable; and WHEREAS, the City desires to provide, commercial & residential solid waste collection, transport & disposal and residential recycling collection , transport, processing and sale services within the City; and WHEREAS, the cost of delivering recycling services to single family residences, ("Residential Customers"), is different from delivering recycling services to commercial enterprises and other generators of other than single family residences, ("Commercial Customers"), and WHEREAS, the Contractor desires to operate a commercial & residential solid waste collection, transport & disposal service and residential and multi-family recycling service in accordance with the provisions of this Agreement and the ordinances of the City; NOW, THEREFORE, upon the mutual covenants, conditions and promises contained herein, the parties hereby agree as follows: Grant of an Exclusive Contract / T erffi The City hereby grants to the Contractor an exclusive contract to operate within the limits of the City and utilize the streets and alleys of the City in accordance with the provisions of this Agreement and the ordinances of the City, as they may be amended from time to time. 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. Rates shall only increase as defmed by provisions herein during the term of this agreement. Section 1.0 DEFINITIONS Anniversary Date - Shall mean the annual anmversary day from the Commencement date of this agreement. Bags - Plastic bags designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a plastic bag and its contents shall not exceed forty (40) pounds in weight. - Paper bags designed to store green waste with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a paper bag and its contents shall not exceed forty (40) pounds in weight. Bulky Waste - Large items, such as, stoves, refrigerators, water heaters, washing machines, dish washers, furniture and like waste materials. Does not include construction debris (see defmition for), dead animals or hazardous waste. Bundle - Tree, shrub and brush trimmings securely tied together with an organic binding forming an easily handled package not exceeding four feet (4') in length or forty (40) pounds in weight. City - City of The Colony, Texas Complaint - A verbal or written communication from a resident or commercial customer concerning service which, upon investigation by the Contractor or the City, is determined to be valid and shall prompt some corrective action by the Contractor or the City. Commercial containers - All commercial containers supplied by the contractor affording adequate capacity to service a customer so as to prevent spillage, unsightly and unsanitary conditions. Construction Debris - Waste building materials resulting from construction, remodeling, repair or demolition operations in a commercial or residential location. Container - A 95 gallon sized recycling or solid waste wheeled poly cart with hinged lid designed for the containment of recycling or solid waste during collection by Contractor. A smaller container may be utilized for requested residents. Contractor - Company providing solid waste and/or recycling services to the City. CPI-W - (Dallas-Forth Worth area) Urban Wage Earners and Clerical Workers - NSA Base year index figure will be May, 2007, Series ID CWUSA316SAO, released mid June Series ID CWUSA316SAOLE (DFW CPI-W less energy), released mid June (DFWCPIWLE). Disabled customer - A residential household in which all members of the household are physically disabled to the extent that they are unable to place solid waste or recycling containers at curbside or alleyway. The fact of such disability must be certified to the contractor by the city manager or his or her designee. Disposal Site - A refuse depository, authorized by the state to receive such waste, including but not limited to the landfills, transfer stations, incinerators and waste processing/ separation center licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive refuse for fmal disposal. Garbage - Any and all 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 in 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 bulky waste, construction debris, dead animals, hazardous waste, rubbish or stable matter. Green Waste - Includes yard trimmings, leaves, shrubs, plants, grass, trees, or tree trunks, etc. that arise from household and garden maintenance at the premises. All green waste is organic in nature and compostable. Does not include treated or painted wood or wood products or any material greater then six (6) inches m diameter. Does not include commercial or business generated Green Waste. Growing Season - Defmed as the months of March through November of each year. During the growing season, Green Waste will be picked up every Monday. For the Months of December through February Green Waste will be picked up the 1st and 3rd Mondays of each month. Hazardous Waste - Any chemical, compound, mixture, substance or article which is designated by the US EP A or appropriate agency of the State of Texas to be "hazardous" as that term is defmed by or pursuant to Federal or State Law. Landfill - A facility (i.e. Subtitled D Landfill) used by the contractor where Municipal Solid Waste (MSW) is disposed of by burying between layers of earth; licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive MSW for fmal disposal as authorized by state law. Multi-Family - Having more than (2) two family units in the same structure and are deemed to be commercial for solid waste and recycling services, except units defmed as town homes or patio homes which are defmed as single family units regardless of the number on units in each structure. Municipal Solid Waste - Municipal solid waste" or "MSW" means all discarded putrescible and nonputrescible solid and semi-solid wastes including garbage, trash, refuse, paper, rubbish, ashes, non hazardous industrial wastes, construction and demolition wastes, discarded home appliances, manure, vegetable or animal solid or semi-solid wastes and other discarded substances or materials. Producer Price Index or (PPI). #2 Diesel Fuel - Producer Price Index - National Preliminary figure - Not Seasonally Adjusted Base year index figure will be average of March, April, May 2007, series ID WPU057303 Use preliminary, unadjusted data series (PPI2D3a). Recyclable - Any of the following materials: 1. Mixed Residential Paper: newspapers, inserts, magazines, fiberboard boxes, mail, junk mail, office paper, paper bags, cardboard or any other type of clean paper products. All cardboard and fiberboard must be broken down to a size that will fit within the recycling container. 2. Glass bottles and jars: excluding mirrors, windows, ceramics and other types of glass. 3. Cans: including beverage, food, beer and soft drink cans composed of tin, steel or aluminum, but not including scrap metal. 4. Plastic containers: including HDPE (milk and detergent bottles), PET (primarily soft drink containers), bottles generally referred to as two-liter and three-liter soft drink, milk, juice, water, shampoo, liquid soap, any plastic bottle or container with the numbers of 1,2,3,4,5, or 7 as designated by recycling markets. Residential unit - defmed as a single family dwelling within the corporate limits of the city occupied by a person or group of persons. A residential unit shall be deemed chargeable for solid waste and recycling services when permanent and/or temporary water service is being supplied thereto. Section 2.0 DUTIES OF THE CONTRACTOR Residential Solid Waste Services 2.1 The Contractor shall collect, transport and dispose of municipal solid waste generated by residents within the corporate limits of the City placed for collection in accordance with the ordinances of the City as follows: a) Green Waste materials shall be picked up once per week on Monday between the hours of 7:00 A.M. and 7:00 P.M., during the Growing Season. The maximum amount of Green Waste material to be set out for pick up is five (5) cubic yards. During the non-Growing Season Green Waste will be picked up on the l't and 3rd Mondays of each month. Green Waste will be picked up in the same location as MSW and Recycling. b) Municipal Solid Waste shall be picked up once per week on Tuesday, Wednesday, Thursday or Friday between the hours of7:00 A.M. and 7:00 P.M.. All MSW shall be bagged and placed in a Contractor supplied container for pick up. No MSW shall be picked up outside the container except during the week of Christmas. No MSW will be picked up in containers not supplied by the Contractor. The resident shall place the MSW container 3 feet from any object including additional MSW or Recycling Containers. c) Bulky trash shall be picked up the 2nd and 4th Monday's between the hours of 7:00 A.M. and 7:00 P.M. The maximum number of bulky items that can be setout for pickup shall not exceed two items per collection. d) Backdoor service will be provided at no additional charge for those residents with disabilities that would prevent him or her from placing the green waste or MSW container in the proper location for pick up. It is the responsibility of the City Manager or his/her designee to investigate the resident's disability claim and certify the need for back door service. e) Missed pickups - The contractor shall collect any missed pickups within 24 hours of notification of the miss by either the resident or City. f) Trash containers will be returned to the following areas after being emptied by a rear load truck: On all front entry residences the container shall be returned to the area between the curb and the side walk to the left or right of the entry driveway. Under no circumstances shall the container be left in the driveway of the resident. On all rear entry residences, the container shall be placed to the left or right of the driveway in the city easement or right-of- way. Under no circumstances shall the container be left in the driveway of the resident. 2.2 The Contractor shall furnish and deliver to each Residential customer within the City, during the week of May 28, 2007, a wheeled poly cart (minimum size 95 gallon) with attached lid for the collection of MSW. The Contractor shall replace and/or repair any lost, stolen, or damaged containers or lids at the Contractor's cost. Each wheeled poly cart is to be made from a minimum of 10 % recycled content material and have a documented life span of eight years or longer. The residential MSW container shall be a separate color from the Recycling Cart. The body of the container shall have the City of The Colony name and logo imprinted on it. All MSW containers shall have the container serial number tied to the residential address in a searchable data base. The lid will have imprinted on it, "MSW only" No Recyclables. a. After the flrst year of this agreement, the City may ask the Contractor to supply a smaller residential MSW container for those residents who do not generate enough ]'vlSW to fill a 95 gallon solid waste container each week. The size of the smaller solid waste container shall be determined by City Staff and Contractor personnel. Rates for a smaller solid waste container must be set and approved by the City Council. b. A second or third solid waste container may be supplied to a resident up on request by the resident. Rates charged for second and third container are specified in Appendix A. 2.3 Green Waste must be either bundled as defmed in this Agreement or placed in 30 gallon paper bags or placed loose in resident owned containers. No bag or container shall contain more then 40 pounds of material as defmed by this Agreement. Residential Recycling Service 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 C for details on the processing and sale and rebate of the recyclables back to The Colony). 2.5 The Contractor shall collect recycling materials generated from residents 1ll accordance with City Ordnances as follows: Recyclable materials shall be picked up once per week on Tuesday, Wednesday, Thursday or Friday between the hours of 7:00 A.M. and 7:00 P.M. All recyclable materials shall be placed in the 95 gallon contractor supplied container for pick-up. No recycling materials shall be outside the container, unless prior request of extra recycling is made to the city. a. Backdoor service will be provided at no additional charge for those residents with disabilities that would prevent him or her from placing the recycling container in its proper location for pick up. It is the responsibility of the City Manager or his/her designee to investigate the citizen's disability claim and certify the need for back door service. b. Missed pick up - The Contractor shall collect any missed pickups within 24 hours of notification of the miss by either the resident or City. c. Recycling containers will be returned to the following areas after being emptied by a rear load truck: On all front entry residences the container shall be returned to the area between the curb and the side walk to the left or right of the entry driveway. Under no circumstances shall the container be left in the driveway of the resident. On all rear entry residences, the container shall be placed to the left or right of the driveway in the city easement. Under no circumstances shall the container be left in the driveway of the resident. 2.6 The Contractor shall furnish and deliver to each Residential customer within the City the week of May 28, 2007, a wheeled poly cart (minimum size 95 gallon) with attached lid for the collection of recyclable materials. The Contractor shall replacc and/ or repair any lost, stolen, or damaged containers or lids at the Contractor's cost. Each wheeled poly cart is be made from a minimum of 10% recycled content materials and have a documented life span of eight years or longer. The body of the container shall have the City name and logo imprinted on it. The recycling container shall be blue in color with a blue lid. All recycling containers shall have the container serial number tied to the residential address in a searchable data base. The lid shall have imprinted on it "Recyclables Only" No MSW or Green Waste. a) After the start of this agreement, the City may ask the Contractor to supply a smaller residential rccycling container for a limited number of residents (no more then 500 total) who may request such. The size of the smaller container will be determined by City Staff and contractor personnel. The cost to the resident for the smaller containcr will be the same as the 95 gallon recycling container. Smaller containers will be distributed on a request only bases. City Municipal Solid Waste and Recycling Services 2.7 The Contractor shall provide MSW & Recycling services and containers to all city owned facilities including City parks and special events as requested at no cost to the City. Size of containers and frequency of pickup to be determined by City staff and are subject to change as needed. Special events to be supported by Contractor will be specified prior to the start of this agreement and there after on an annual bases. The Contractor shall provide open top roll off service to the City at no cost. Maximum number roll offs to be supplied at no charge during a 12 month period is 150. Commercial Service 2.8 The Contractor shall collect all solid waste generated by commercial customers within the City placed for collection in accordance with the ordinances of the City as follows: a) All commercial customers shall utilize a Contractor furnished container(s), as required but not less than once per week, Monday through Sunday between the hours of 7:00 A.M. and 9:00 P.M. b) Upon request by the commercial customer, the Contractor shall deliver a container(s) for solid waste storage and collection purposes, which has a suitable cover(s) to prevent blowing or scattering or refuse and is clearly marked with the Contractor's name and telephone number in letters of not less than two inches in height. The container(s) shall be cleaned and maintained by the Contractor so that at all times it is in good repair, and good appearance, and free of refuse residues as may cause odor and provide a breeding place for flies and harborage for rodents. c) Construction/Demolition debris - The contractor shall deliver a properly si7:ed container or provide a suitable pickup service for the collection of construction and/or demolition debris, either from new building construction or re-modeling of existing building or the demolition of existing buildings. The cost shall be determined by size of container and frequency of collection or cost of pick up service as defmed in Appendix A. Multi-Family Recycling 2.9 Multi-family recycling - The contractor shall offer and/or make available appropriate sized containers modified for the collection of mixed recyclables and shall provide as required for each complex. The Contractor shall also offer and/or make available to each multi-family unit appropriate receptacles for use by each multi-family unit for the placement of recyclables. The cost of Multi-Family Recycling shall be on a case by case basis between the Contractor and the Multi-Family Complex. The City shall have no fmancial responsibility in providing Multi-Family Recycling. The Contractor is to provide the City a comprehensive plan to pursue Multi-Family Recycling within the corporate limits of the City within six months of this agreement start date. Holiday Trees Recycling Service 2.10 The City shall annually designate a collection site within the corporate limits of the City for the deposit of Holiday trees by residential customers for the period beginning on or about the 26th of December of each year and ending approximately 3 weeks later. The Holiday trees will be chipped and the resulting material will then be made available to residents of the City. This service to be provided by the Contractor at no cost to the City. City Wide Cleanups 2.11 The Contractor shall sponsor two (2) City Wide Cleanups, one in the spring and one in the fall as designated by City Staff. Each cleanup shall consist of the necessary resources such as open top roll offs, trucks and personnel to handle the bulky waste of approximately 500 residences. Cleanups will be located on City property. Set up and coordination of Cleanups will involve both City staff and Contractor personnel. These City Wide Cleanups to be provided by the Contractor at no cost to the City. The number of roll-offs used for all activities shall not exceed the number specified in 2.6. Bulky Trash Pickup 2.12 Bulky trash pickup shall be offered twice per month by the Contractor for items such as, appliances and furniture. This pickup shall be at no additional cost. Any item containing or contained Freon must be tagged by a certified technician that the Freon has been removed or does not exist prior to pickup. Each Bulky item must be able to be loaded by two (2) men into a collection vehicle. a) The Contractor shall pickup remodeling and construction debris, as part of an extra pick up. Large amounts of rocks and dirt will not be accepted. All materials need to be no more then four (4) feet in length bundled, with no bundle or piece weighting more then 40 lbs for one person or 100 pounds for two persons. All small pieces must be containerized. Cost of pickup to be determined by the Contractor and charged directly to the residents. Appendix A specifies the cost structure for special pickup. Holidays 2.13 The Contractor shall observe the following (6) six holidays: Christmas day, New Years day, Memorial Day, Porth of July, Labor day, Thanksgiving Day, all other holidays are to be as normal for pickup of MSW, Green Waste and Recycling. In the event that the observation of the holiday is on the normally scheduled collection day for MSW or Recycling, the collection will be the next collection day. All other collection days for the remainder of the week will be pushed back one day. If holiday falls on a Monday for Green Waste collection, Green Waste collection will be the next Monday. Landfill Use 2.14 The Contractor shall provide 2700 Landfill passes per year. The Landfill Passes shall be good through the last day of the contract year and be controlled by the City. Any additional Landfill Passes can be purchased by the City for $2S/pass. Promotion, Reporting and Modification of Commercial, Residential Solid Waste and Residential Recycling 2.15 The Contractor shall pay annually to the City the sum of $36,000.00 as an educational and environmental stipend. The initial payment shall be on the start date of this agreement and on the anniversary date of this agreement thereafter. 2.15.1 The Contractor shall provide the City with a comprehensive monthly report within 15 days after the end of each reporting month, which will include summaries of activities for residential and commercial solid waste as well as residential recycling. The monthly report shall include the following information: Tonnage of all recyclable materials recovered by type of material, residential participation rates in terms of weekly and monthly set-out counts with a description of the methods used to determine the participation rates, total percent of residential customers that recycle each month. Residential customers who recycle more than once per month should not be counted more than once for purposes of this statistic. Tonnage of residential solid waste collected, tonnage of green waste collected, tonnage of commercial solid waste collected, a breakout of all commercial accounts to include, container size, frequency of pickup, monthly charge, franchise fee collected, commercial accounts shall be broken down by front end load, roll off and compactor, with a summary page included for all commercial collection. Commercial collection shall also include the numbers of hours used during the month to service these accounts. Each section of the monthly report shall include the number of missed pickups for type of collection along with number and type of any complaints and the Contractors resolution of each complaint. The monthly report shall be submitted to the City in a combination of Word and/or Excel spreadsheets. Monthly reports can be e-mailed to the Cities designated representative. 2.15.2 The Contractor shall provide the City with an annual summary report within 30 days from the end of the anniversary date of this agreement, which will include the information specified in 2.15.1. 2.15.3 Upon mutual consent of the City and the Contractor other materials may be added for collection and disposal as recyclable materials, as recyclable markets for those materials are established. Service to the Public 2.16 The Contractor shall provide collection and transportation of recyclable materials deposited on City owned or operated property or at such other locations as the City may designate. The Contractor's cost for providing this public collection and transport service is included within the cost charged to Residential and Commercial Customers within the City, and the Contractor shall receive no additional compensation for public collection service. 2.16.1 The Contractor shall distribute information approved by the City, regarding services, recycling, contact information, rates and other information pertaining to commercial and residential solid waste and residential and multi-family recycling collection to each single family and/or multi-family household and commercial entity annually, in the winter of each new year. The flrst distribution of information shall be at the time of delivery of the residential solid waste and recycling containers to all single family residents. Information to commercial accounts shall also be at the start of this agreement. Contractor's Operation 2.17 The Contractor shall maintain the appearance and operation of all vehicles and equipment used within the City in a clean, safe and efficient working condition throughout the term of this Agreement. All vehicles used by the Contractor for the collection and transportation of commercial and residential solid waste and residential recycling shall be protected at all times while in transit to prevent any blowing or scattering of MSW and/or materials. The Contractor shall wash its vehicles on the inside and sanitize with a suitable disinfectant and deodorant a minimum of once a month or with such frequency as is necessary to avoid the emission of offensive odors. The Contractor shall wash and paint or re-paint its vehicles and commercial solid waste containers as often as necessary to keep them in a neat and sanitary condition. The Contractor shall mark all vehicles with the company's name, local telephone number, and a specific vehicle identification number easily viewed on the side and rear of the vehicle from SO feet away. 2.17.1 Responsibility for Non-Conforming- Waste: The Waste Material to be collected by Contractor under this Agreement is all nonhazardous, Solid Waste (including Bulky Waste, Garbage, Green Waste, Municipal Solid Waste and Recyclable Materials as defmed herein) generated at the locations and facilities covered by this Agreement. Contractor shall not be responsible for the collection or disposal of any Non- Conforming Waste. Non-Conforming Waste is all Hazardous Waste and Universal Waste as defmed by the applicable laws and regulations of the U.S. government. If Non-Conforming Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire bin, container, bag or bundle of waste. In such situations, Contractor shall contact the City and the City shall undertake appropriate action to ensure that such Non-Conforming Waste is removed and properly disposed of by the depositor or generator of the waste. In the event any Non-Conforming Waste is not discovered by Contractor before it is collected, Contractor may, in its sole discretion, remove, transport and dispose of such Non- Conforming Waste at a location authorized to accept such Non-Conforming Waste in accordance with all applicable laws and charge the depositor or generator of such Non-Conforming Waste all direct and indirect costs incurred due to removal, remediation, handling, transportation, delivery and disposal of such N on- Conforming Waste. The City shall provide all reasonable assistance to Contractor to conduct an investigation to determine the identity of the depositor or generator of the Non-Conforming Waste and to collect the costs incurred by Contractor in connection with such Non-Conforming Waste. Subject to the City's providing all such reasonable assistance to Contractor, Contractor shall release City from any liability for any such costs incurred by Contractor in connection with such Non- Conforming Waste, except to the extent that such Non-Conforming Waste is determined to be attributed to the City. 2.18.1 Rear load residential collection vehicles shall not exceed 25 cubic yards. Multi-task collection vehicles shall not exceed 28 cubic yards. 2.18.2 The Contractor shall submit to the City for approval a designation of the collection routes necessary to fulfill its obligations under this Agreement, and upon approval shall utilize those collection routes in performing its obligations under this Agreement. The Contractor shall submit any proposed changes in the residential collection routes to the City for approval. 2.18.3 The Contractor shall clean and remove any loose refuse or spillage from its collection activities within 24 hours of the spillage being reported to the Contractor. All spillage observed by the Contractor but not resulting from its collection activities shall be promptly reported to the City. 2.18.4 All field employees of the Contractor shall wear uniforms identifying them as employees of the Contractor. Employees driving the Contractor's vehicles shall maintain appropriate commercial driving licenses in accordance with the laws of Texas and US Department of Transportation. The Contractor shall prohibit the drinking of alcoholic beverages or the use of controlled substances by employees while on duty or in the course of performing the Contractor's obligations under this Agreement. 2.18.5 PAVEMENT DA.MAGE - The Contractor shall be responsible for the repair of damage to paved surfaces on public streets, alleys, thoroughfares or easements when such damage is caused by the negligent or inappropriate operation of Contractor's collection equipment. Contractor shall not be responsible for normal wear and tear of public rights of way or regular maintenance to such rights of way. Substantiation of cause shall be determined by mutual agreement of the City and the Contractor. Within fifteen (15) days after receipt of notice of damage, the Contractor shall arrange for the satisfactory repair of the pavement, street, alleys, thoroughfares or easements, or the City may perform the repairs, and the Contractor shall reimburse the City on a time plus material basis. Contractor's Duty to Perform to the Satisfaction of the City 2.19 All of the Contractor's duties under this Agreement shall be performed to the satisfaction of the City, as determined by the City Manager in his/her sole discretion. Any dispute concerning the performance of the Contractor of its duties under this Agreement shall be called to thc attcntion of the City Managcr and the City Manager shall make a detcrmination, in his sole discretion, in the exercise of good faith, as to whether the Contractor has complied to the satisfaction of the City with its obligations under the provisions of this Agreement. The City may designate a City employee to act as an enforcement officer, hereunder and to act as a liaison between the City and the Contractor. 2.20 Any and all books and records, and any other pertinent information of the Contractor that is related to the performance of this Agreement, shall be open and available for inspection during normal business hours at no cost by the City and/or its designated representatives at the regional office that services this Agreement. Notice of Non-Collection 2.21 In the event the Contractor refrains from collecting, all or a portion of the residential solid waste and/or recycling material or commercial solid waste, as a result of the Contractor's determination that the solid waste or recycling has not been properly placed for collection or the owner occupant is otherwise in violation of the ordinances of the City which excuses the Contractors performance, the Contractor shall notify the City and the customer in writing within 24 hours of the reason for non -collection. Local Office 2.22 The Contractor shall maintain an office at its Regional Office that services this Agreement, which Residential, Multi-Family and Commercial Customers may contact through the local telephone exchange and/or toll free number. The Contractor will equip such office with adequate personnel and equipment necessary to respond to customer inquiries between 8:00 A.M. and 5:00 P.M., Monday through Friday. All inquiries or complaints received by the Contractor will either be corrected or a written response forwarded to the customer within 24 hours. The Contractor shall keep a complaint log, which shall include the name, address, telephone number, type of complaint, time and date, solution and response time and date of response, in a format approved by the City. The City may review said complaint log or request that it be sent to the City at any time during the normal business hours of the Contractor. The Contractor shall maintain a current listing in the yellow pages identifying the Contractor and the local and/or toll free telephone number and address of its office and in an informational format approved by the city shall distribute free of charge said information to Residential, Multi-Family and Commercial Customers within the City. Contractor shall establish and maintain an authorized Managing agent and shall designate to the City Manager the name, telephone number, and address of such agent upon whom all notices may be served by the City and to whom complaints received from citizens of the City may be directed. Section 3.0 FEES AND COLLECTION 3.1 The Contractor shall charge only such fees for the services provided pursuant to the provisions of this Agreement as are approved and may in the future be approved by the City from time to time. No modifications in the Contractor's fees or rates shall be effective or shall be implemented unless approved by the City Council of the City. 3.2 The Contractor is hereby authorized to charge the rates to the City provided in Appendix "A:" for the services provided pursuant to this Agreement. 3.3 The City shall bill all residential customers for solid waste and recycling collection that are on service as defIned in this agreement on a monthly basis. In addition, the City shall include in said billing a 10% ROW Usage Fee and all appropriate sales tax on the services of the Contractor and shall remit the sales tax to the State Comptroller's Office as collected. 3.4 The Contractor shall bill all Commercial customers on a monthly basis and shall report gross monthly receipts to the City in compliance with Section 2.15.1 of this Agreement. The Contractor shall also pay monthly to the City a sum equal to a 10% ROW Usage Fee of the total gross amount billed to Commercial customers, before applicable sales tax. 3.5 The City reserves the right to modify this Agreement to provide for a designated landfill disposal site to be used by the Contractor in the performance of this Agreement. The Contractor and City shall mutually cooperate in the determination of adjusted billing rates in the event of such modification. 3.6 The City will diligently pursue and use its best efforts in the collection of bad debts for residential solid waste and recycling and those which are deemed uncollectable after 60 days will be written off by the City. The Contractor will diligendy pursue and use its best efforts in the collection of bad debts for commercial solid waste collection and those which are deemed uncollectible after 60 days will be written off by the Contractor. Section 4.0 TERM 4.1 The term of service shall be six (6) years, beginning upon the execution of this agreement. The agreement may be renewed for two (2) additional two (2) year terms. Either party may cancel this 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. Section 5.0 MODIFICATION OF RATES 5.1 The initial rates set forth herein shall be guaranteed for the fIrst twenty four (24) months and thereafter may be adjusted every year on the anniversary date of this agreement. Any proposed increase will be subject to City Council approval and any justifiable increase shall not be unreasonable withheld, but in no case, except as provided hereafter, shall an increase exceed or decrease by more then ten percent (10%) in any two year period. 5.2 The rate modification formula to be used during the terms of this Agreement is specified in Appendix B of this Agreement. 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. increased disposal fees charged to the Contractor, or b. increases due to State and/ or Federal Regulatory mandates. Section 6.0 INSURANCE AND INDEMNIFICATION 6.1 The Contractor shall maintain at all times during the term of this Agreement, the following types and amounts of insurance coverage with an insurance company authorized to do business in the State of Texas and approved by the City with the City named as an additional insured on the policy: a) Commercial general liability insurance at a minimum combined single limit of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate for bodily injury and property damage. b) Commercial automobile liability insurance at minimum combined single limit of $1,000,000.00 per occurrence for non-owned and hired coverage. c) Worker's compensation insurance at statutory limits, including employer's liability coverage at minimum limit of $500,000.00 per occurrence - each accident, $500,000.00 per occurrence - disease, and $500,000.00 aggregate - disease. d) Excess umbrella liability insurance at minimum combined limits of $2,000,000.00 per occurrence. 6.2 The Contractor shall deliver copies of the policies with all endorsements to the City; the policies shall provide that no modification, alteration, change or cancellation of the policy shall occur except upon 30 days written notice to the City. 6.3 The Contractor shall hold the City harmless and indemnify the City, its officers, agents, servants and employees from and against any and all claims or suits for damage or loss of whatsoever kind or character, whether real or asserted, arising out of or in connection with this Agreement or the performance thereof, whether or not occasioned by the acts of omission or commission of the Contractor, its agents, officers, servants and employees. It is the intention of the Contractor and the City for the Contractor to indemnify the City from its own negligent acts, whether or not said acts are combined with or free from the negligence of the Contractor's agents, servants and employees. Section 7.0 CONTRACTOR INDEPENDENT 7.1 The Contractor is and shall remain in all respects independent from the City as to the work, licenses or privileges granted in the Agreement. The Contractor's employees, officers and agents shall at no time be allowed to identify themselves or in way represent themselves as being employees or agents of the City. The Contractor shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, sub-contractors and licensees. The doctrine of respondent/ superior shall not apply between the City and the Contractor and nothing herein shall be construed as creating a partnership or joint enterprise between the City and the Contractor. Section 8.0 PERFORMANCE BOND 8.1 Coincident with the execution of this Agreement, the Contractor shall provide to the City a performance bond in the amount of $500,000.00 executed by a good and sufficient corporate surety licensed to do business in Texas, approved by the City and conditioned that the Contractor shall well, truly and faithfully perform its obligations under this Agreement and shall satisfy all claims and demands of any kind incurred under the Agreement, including, but not limited to, the payment of all amounts owed by the Contractor to the City or landfills or recycling processing facilities, and the Contractor shall fully indemnify and save harmless the City from all costs and damage which it may suffer by reason of the failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then the obligation shall be void; otherwise, to remain in full force and effect. It will be renewed annually for the term of the contract. The performance bond shall be in a form acceptable to the City. The contractor shall pay any and all premiums for the bond. A certificate from the surety showing that the bond premiums are paid in full shall be submitted to the City on an annual basis for the duration of the contract. Default by Contractor / Remedies and Termination 8.2 On the failure of the Contractor to observe or comply with any promise, covenant or condition of this Agreement, ("Contractor's Default"), the City, at its sole discretion, may take one or more of the following actions: a) cure the Contractor's Default, b) contract with other parties to cure the Contractor's Default, c) notify the Contractor and demand the Contractor's default be cured, d) pursue any remedy available at law or in equity. e) utilize performance bond. 8.3 In the event the City elects to cure the Contractor's Default, then the Contractor shall immediately pay to the City the reasonable value of the work necessary to cure the Contractor's Default. The City may withhold from the monthly Residential Customer service fees payable to the contractor an amount necessary to satisfy the Contractor's obligation as provided herein. 8.4 In the event the City elects to contract with other parties to cure the Contractor's Default, then the Contractor shall immediately pay to the City the cost incurred by the City in having the Contractor's Default cured by forfeiture of its bond. In addition, the City may withhold from the monthly Residential Service fees payable to the Contractor hereunder, an amount necessary to satisfy the Contractor's obligation. 8.5 In addition to other remedies provided herein, in the event the default is not resolved within three (3) business days after notification, the City may impose up to a $1,000.00 per day liquidated damages until resolution is agreed to by all parties. 8.6 In the event the City notified the Contractor and demands the Contractor's Default be cured, the Contractor shall cure said default within 15 calendar days of notice. In the event the Contractor fails to cure the default within said 15 calendar day period, the City may terminate this Agreement and the grant of franchise to the Contractor and exercise the performance bond. Any termination shall not relieve either the Contractor or the City from any obligations under the Agreement which accrued prior to its termination. Section 9.0 ASSIGNMENT 9.1 The grant of an exclusive franchise to the Contractor and the Contractor's rights under the Agreement are not assignable, either directly or indirectly, without the prior written consent of the City. If the City agrees to such assignment, then the Contractor shall pay the City $100,000 or amount can be waived by the City. Section 10.0 MISCELLANEOUS PROVISIONS 10.1 All demands, notices or others communications allowed or required hereunder shall be in writing and shall be deemed given when delivered in person or deposited in a receptacle for the United States Postal Service, postage prepaid, registered or certified; return receipt requested, addressed to the parties as follows: City Manager City of The Colony 6800 Main St. The Colony, Texas 75056 10.2 This Agreement shall be binding upon and for the sole benefit of the parties hereto and their respective heirs, successors and assigns and not for the benefit of any third- party. 10.3 This Agreement may not be changed orally, but only by an agreement in writing signed by the parties. No act, delay, omission, course of dealing between the Parties will be a waiver of any rights or remedies under this Agreement. Any waiver of any right, remedy or requirement under the terms hereof on any occasion will not be a bar or constitute a waiver of the exercise of the same or other right or remedy on subsequent occasions. 10.4 This agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. For purposes of this Agreement, the venue shall be Denton County, Texas. 10.5 If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid or unenforceable provision have never been contained herein. 10.6 This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed an original. Force Majeure: 11.0 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, accidents, 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. The services required by this Agreement do not include the collection and disposal of significantly increased volumes of Residential Refuse resulting from a tornado, severe straight winds or severe storms or the like or from any act of terrorism. City shall pay Contractor $65/hour for all work necessary to collect additional volumes of Garbage and Rubbish resulting from such force majeure events; provided, however, that City may at its option seek third party bids and utilize a third party for such additional collection activity if the third party cost is less than $65/hour for all work necessary to collect additional volumes of Garbage and Rubbish resulting from such force majeure events. EXECUTED on the date fIrst above written. CITY OF THE COLONY By: c;)~ dO~l!L Dale Cheatham, City Manager .4{ 3fo1 IJ~ Vendor A~~ / 'w/t . Christi Wilson, City Secretary 0~if~AL ;11kNA-6tSJ( APPENDIX "A" (RESIDENTIAL & COMMERCIAL FEES) Rates quoted do not include state sales tax or ROW U sage fees as indicated herein. RESIDENTIAL MUNICIPAL SOLID WASTE 1) $7.46 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) $5.75 per month per residential customer for second and/or third solid waste container. GREEN WASTE RECYCLING 1) $2.76 per month per residential customer for two times per month collection of Green waste during December through February and weekly March through November. RESIDENTIAL RECYCLING: 1) $1.97 per month per residential customer for once a week with a 95 gallon (minimum) wheeled poly cart for the collection of recyclable ma terials. TOTAL RESIDENTIAL PRICE: $12.19 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 IX 2X 3X 4X 5X 6X 7X EXTRA 95 G 17.78 24.98 29.72 35.50 41.50 49.50 53.50 2YD 58.97 103.63 148.30 192.96 237.62 282.29 341.26 35.00 3YD 67.55 117.96 168.33 218.72 269.11 319.50 387.06 35.00 4YD 75.91 132.03 188.14 244.25 300.37 356.49 432.40 40.00 6YD 91.76 159.32 226.88 294.46 362.02 429.57 521.33 45.00 8YD 106.52 185.53 264.55 341.27 422.56 501.56 608.09 50.00 To provide caster and locks. _ per caster, per month _per lock, per month COMMERCIAL SERVICE CHARGES: Open Top Roll Off SIZE DELIVERY RENTAL HAUL & DISPOSAL lSYD 20YD 30YD 40YD 95.00 95.00 95.00 95.00 4.50/ d 4.50/ d 4.50/ d 4.50/ d 275.00 295.73 346.25 368.28 COMMERCIAL SERVICE CHARGES: Compactors SIZE DELIVERY RENTAL HAUL & DISPOSAL 30 35 40 N/A N/A N/A NEO NEO NEO 351.25 368.28 389.28 TEMPORARY CONSTRUCTION & DEMOLISION SERVICE CHARGE: 6yd Front Load Temp Delivery Rental per day $70.00 per lift $50.00 $2.00 Grapple Truck Service $95.00/hr plus disposal APPENDIX "B" (Formulation for CPI and Fuel Increase) Contract price adjustment formula for consideration under The City's planned comprehensive solid waste system, to be implemented in June 2007 - Defmition s: PPI - #2 Diesel Fuel - Producer Price Index - National Preliminary figure - Not Seasonally Adjusted Base year index figure will be average of March, April, May, 2007, series ID WPUOS7303 Use preliminary, unadjusted data series (pPI2D3a) CPI-W (Dallas-Fort Worth area) - CPI - Urban Wage Earners and Clerical Workers - NSA Base year index figure will be May, 2007, series ID CWUSA316SAO, released mid June Series ID CWUSA316SAOLE (DFW CPI-W less energy), released mid June (DFWCPIWLE) Formula: Contract price adjustment factor (CP AF) shall be determined by the formula: CPAF = 0.70 ( (DFWCPIWLE '09 and future / DFWCPIWLE '07) - 1) + 0.20 ( ( PPI2D3a '09 and future / PPI2D3a '07 ) - 1 ) NOTES: This revised formula attempts to approximate the total inflationary impacts that might be realized by a waste hauler, by combining non-energy related CPI items with producer diesel indexes and weighting them 70/20 respectively, based on estimations provided by waste haulers. Due to price volatility in diesel, a three month index average (March, April, May) will be used to smooth the diesel Producer Price data. With this approach, contract prices may also decline, should average diesel prices drop more than 3 1/2 times the base CPI excluding energy, in percentage terms. The CPI factor is weighted by 70% to reflect the fact that fixed costs, when amortized over the life of the contract, are generally not influenced by inflationary pressures. Appendix "C" (Recycling Rebate Formulation) A WS will have $0.00 per ton processing fee and rebate forty(40) percent of the Official Board Markets Yellow Sheet, Southwest section, grade N ews(8) for all tons. The price is for processing only and does not include delivery to our MRF. A WS will accept up to 15% trash contamination within the total tons delivered to the MRF. Any contaminated tons beyond the 15% limit will be charged a transport and disposal rate of $45.00 per ton. A WS will perform twice(2) annual waste audits with notification in advance to city manager or designee. The rebate will be sent by check to the City of The Colony at 6800 Main Street, The Colony, Texas 75056-1133, thirty(30) days after the end of the month of processing. Example: Total tonnage for the month of October is 250 tons. The check will be for 40% of OBM yellow sheet Southwest section News(8) for all 250 tons less any contamination and mailed out by December 1.