HomeMy WebLinkAboutCity Council Resolutions (R-11-3397)-09/08/2011RESOLUTION R-11-3397
A RESOLUTION OF THE CITY OF COLLEYVILLE, TEXAS, APPROVING AN
AMENDMENT AND EXTENSION AGREEMENT BETWEEN IESI TX CORPORATION
("CONTRACTOR") AND THE CITY OF COLLEYVILLE ("CITY") EXTENDING THE
CURRENT CONTRACT THROUGH OCTOBER 31, 2017, INCREASING
RESIDENTIAL AND COMMERCIAL RATES EFFECTIVE NOVEMBER 1, 2011, AND
AMENDING THE CURRENT RESIDENTIAL RECYCLING PROGRAM
WHEREAS, the City of Colleyville ("City") and IESI TX Corporation ("Contractor")
entered into a contract for residential refuse and recycling services and
commercial refuse services dated May 24, 2007 and attached hereto as
Exhibit "A"; and
WHEREAS, the contract was to terminate on August 31, 2012; and
WHEREAS, the City and the Contractor mutually desire to amend and extend the
contract as further described herein and attached as Exhibit "B" and
Exhibit "C°.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the City hereby extends with the Contractor the license to use the
public streets, alleys, easements and thoroughfares within the limits of the
City for the purpose of collection and disposal of garbage, brush, bulky
items, bundled, bagged or boxed items, and other refuse for a period of
six years beginning November 1, 2011, and terminating October 31, 2017.
Sec. 2. THAT the rates to be charged by the Contractor for refuse and recyclable
material collection will be those set forth in the Exhibit "C", the Rate Sheet.
These rates will be binding and considered part of the Contract and may
be modified by Resolution as approved by the City.
Sec. 3. THAT the 18 gallon bin residential recycle program will be replaced with a
65 gallon rolling Recycle Cart program and IESI shall only be responsible
for the collection of recyclable materials placed within the Recycling Cart.
Sec. 4. THAT the parties hereby reaffirm their agreement with all the terms and
provisions of the Contract as amended by the attached Amendment
(Exhibit "B") and Rate Sheet (Exhibit "C"), and the Contract together with
this Amendment represents the entire agreement among the parties with
respect to the matters that are the subject hereof.
Resolution R-11-3397
Page 2 of 2
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, Z~ NAYS AND ~
ABSTENTIONS ON THIS THE DAY OF 2011.
n - ~
A'
G'~inthia Singleton,
City Secretary
CITY OF COLLEYVILLE
~~~~~~~1~
<_/
David Kelly
Mayor
Exhibit "A"
CONTRACT FOR REFUSE SERVICES FOR RESIDENTIAL,
RECYCLING AND COMMERCIAL REFUSE COLLECTION
The CITY OF COLLEYVILLE, a municipal corporation located in Tarrant County,
Texas, hereafter called "City", acting by and through its duly authorized City
Manager, and IESI TX Corporation, acting by and through its duly authorized
officer, hereinafter called "Contractor", do hereby covenant and agree as fotlows:
Section I
Exclusive Contract
City hereby grants to Cantractor an exclusive contract and franchise, hereinafter
referred to as "the ContracY', to engage in the business of collecting and
disposing of all garbage, brush, debris, construction and demolition waste, bu~ky
items, bundled, bagged, or boxed bundled items, refuse and recyclable materials
within the corporate limits of the City which is generated by residential,
commercial and City properties. City also hereby grants to Contractor a license
to use the public streets, alleys, easements and thoroughfares within the limits of
the City for the purpose of coltection and disposal of garbage, brush, bulky items,
bundled, bagged, or boxed bundled items, and other refuse for a period of five
years beginning September 1, 2007, and terminating August 31, 2012, with an
option to renew for an additional five year period terminating August 31, 2017,
subject to the limitations, terms, and conditions hereinafter specified and
contained in the Contract.
Section II
Components of Contract
In addition to this document, the contract documents shall include the following
documents and this contract does hereby expressly incorporate the following
exhibits as fully as if set forth verbatim in this contract:
• Service Contract
• Rate Sheet
^ Miscellaneous Rate Sheet
• Performance Bond
• Survey Question
Contractor shall comply with all provisions of the contract documents and no
amendment to this Contract shall be made except upon the prior written consent
of the parties. No amendment shall be construed to release either party from any
obligation of the contract documents except as specifically provided in such
amendment.
Page 1
Exhibit "A"
This Contract is entered into subject to the following conditions:
(A) The Contractor shali procure and keep in fuil force and effect throughout
the term of this contract all of the insurance policies specified in, and
required by, the contract documents.
(B} The Contractor shall not be liable for the failure to perform, in whole or in
part, the Contractor's duties if such failure is caused by catastrophe, riot,
war, governmental order or regulation, fire, accident, or other act of God;
specifically excluding however, labor or work related disputes, strikes,
slowdowns, stoppages, etc.
(C) In the event that any provision or portion of any contract document shall
be found to be invalid or unenforceable, then such provision or portion
thereof shall be reformed in accordance with the applicable laws and not
affect the applicabi{ity of remaining portions of the Contract.
Section
III. Definitions
Wherever used herein, the following listed terms shall have the following
meanings:
(A) Anniversarv Date: September 1, 2007_
(B) Acceptable Brush: Tree trimmings that are bundled in lengths no more
than four feet (4') in length and no more than fifty (50) pounds in weight.
In the alternative of being bundled, materials may be placed in a
disposable container.
(C) Acceptable Waste: Any and all waste that is solid waste, refuse, or
residential garbage including acceptable brush, garbage, yard waste, and
trash, as solid waste is defined under the laws of the United States andlor
the State of Texas and/or the regulations promutgated hereunder, and that
is acceptable for disposal in a landfill permitted by the state.
(D) Contract: The contractual Contract made and entered into by the City and
a Contractor for the collection, transportation, and/or disposal of solid
waste, and/or the collection, transportation, and/or processing of
recyclable materials.
(E) Backdoor Service: All handicapped or disabled customers who have
provided verification to the City Manager, or his designee, from a
physician as to their inabiiity to carry containers to the curbside may place
Page 2
Exhibit "A"
containers at their front doorstep to be visible from the street or at another
location of equal convenience to customer as may be determined by the
City Manager, or his designee. Contractor cannot enter or be responsible
for entering garages or behind enclosed fences.
(F) Bin (Residential Recyclinq): Unless otherwise agreed to by City, an
eighteen gallon bin with lid will be provided by Contractor to the residence
consistent with current bins used by City for residential recycling. At the
option of customer, Company shall provide a second bin at no cost. The
City reserves the right to modify the recycling collection and bin size at a
later date either, at the City's discretion, up to a ninety-six (96) gallon bin
with wheels and lid to be provided by Contractor to the residence to be
used for residential recycling. Residents who are aged sixty-five (65) and
older, may in the alternative at their choice, be provided up to two (2)
eighteen (18) gallon bin(s) with lid.
(G) Bulkv Waste: Stoves, refrigerators (with verification that CFC components
have been removed by a certified technician), water tanks, hot water
heaters, washing/drying machines, furniture, fencing materials, and other
waste materials, but does not include residential construction debris,
unbundled brush, dead animals, or hazardous waste. For purposes of this
definition, residential fencing is defined as individual pieces or sections
that exceed two feet by four feet and weigh more than fifty (50) Ibs.
(H) Bundle: Any limbs, branches, construction materials and other items,
which cannot be placed into disposable containers but have been cut so
as to not exceed four feet in length and the bundle not exceeding fifty (50)
pounds with limbs not individually exceeding six (6) inches in diameter.
(I) City; The City of Colleyville.
(J) Commercial Refuse: All bulky waste, construction and demolition waste,
garbage, rubbish, and stable matter generated by a customer at a
commercial premise.
(K) Commercial Premise: All premises, locations or entities, public or private,
requiring refuse coilection within the corporate limits of the City, not a
residential premise.
(L) Commercial Hand Collection: A commercial premises that generates no
mare than one (1) cubic yard of refuse per week.
(M) Residential Construction Debris: Waste building materials resulting from
construction, remodeling, repair, or demolition operations, excluding minor
home improvements made by the homeowner not performed by a private
contractor and not to exceed four (4) cubic yards.
Page 3
Exhibit "A"
(N) Container, Commercial: Metal containers supplied by Contractor affording
capacity to service a customer so as to prevent spillage, unsightly and
unsanitary conditions.
(O) Container, Residential: Any closed, water proof, plastic or metal container
or can with a capacity not exceeding thirty (30) gallons; constructed of
plastic, metal, or fiberglass; and having handles of adequate strength for
lifting which is capable of containing garbage or trash without leaking or
emitting odors, and which weighs when loaded fifty (50) Ibs or (ess per
container. The mouth of a container shall have a diameter greater than, or
equal to, that of the base. Container may also be a plastic garbage bag or
sack.
(P} Contract Documents: Shall mean the inclusion of the Service Contract,
Rate Sheet, Miscellaneous Rate Sheet and the Performance Bond.
(Q} Contractor: IESI TX Corporation
(R) Construction and Demolition Waste: Waste material resulting from
construction or demolition activities or that is directly or indirectly the
by-product of such activities, including, but ,not limited to, cartons,
concrete, excelsior, gypsum board, metal, paper, plastic, rubber and wood
products in excess of four (4} cubic yards. Construction and demolition
waste does not include hazardous waste, refuse or waste.
(S) Customer: A residential user, commercial hand collection user, and/or
commercial user who generates refuse.
(T) Debris: All dirt, concrete, rocks, bricks or other waste building materials.
(U) Disposal Site: See Landfill.
(V) Garbage: All animal or vegetable matter and other non-hazardous
substances from residences, grocery stores, retail establishments,
restaurants, churches, and other homes and businesses that do not emit
noxious odor.
(W) Hazardous Waste: Solid wastes regulated as hazardous by federal or
state law, as amended from time to time, concerning the regulation of
hazardous or toxic wastes. Examples may include, but are not limited to,
all fecal material, paint, batteries, pesticides/herbicides, oil sludge, and
any radioactive, pathological, toxic, acidic, or volatile materials or other
hazardous or improper waste, to include rubber, tires, oil, dirt or rock and
steel shavings.
Page 4
Exhibit "A"
(X) Landfill: A facility permitted by the State of Texas to receive refuse.
(Y) Premises: All public and private establishments, including individual
residences, all multi-family dwellings, residential care facilities, hospitals,
schools, businesses, other buildings, and all vacant lots.
(Z) Producer: An occupant of a residential premise or commercial premise
who generates refuse.
(AA) Recyclable Materials: Commodities collected by the Contractor pursuant
to the Contract documents, which can be sold for processing and use or
reuse including, but not limited to, newsprint, magazines, cardboard
boxes, catalogs, paper products, plastic containers (#1 through #7 PET
and HDPE), glass containers, aluminum cans, metal (tin) cans, and
household paper products to include junk mail, envelopes, cereal boxes,
cardboard, chipboard, and telephone books.
(BB) Refuse: Residential and commercial bulky waste, residential construction
debris, and stable matter generated at residential or commercial premises.
(CC) Residential Garbaqe: All garbage, refuse, and rubbish generated by a
customer at a residential premise.
(DD) Residential Premise: A dwelling within the corporate limits of the City
occupied by a person or group of persons comprising not more than four
(4) families. A residential premise shall be deemed occupied when water
services are being supplied thereto. A condominium and/or town home
dwelling, whether of single or multi-level construction shall be treated as a
residentiaf premise and may be billed separately as a residential premise
on a case by case basis as determined by the City Manager.
(EE) Rol!-off Bin: Container provided to a Commercial Premise or Residential
Premise by Contractor measuring 20 cubic yard, 30 yards or 40 cubic
yards, intended for high-volume refuse or Construction and Demolition
Waste generating Commercial Premise or Residential Premise, and
capable of pickup and transport to a landfill by loading of container onto
rear of transporting vehicle, but excluding a compactor.
(FF) Rubbish: Non-putrescible solid waste (excluding ashes), consisting of
both combustible and noncombustible waste materials; combustible
rubbish includes paper rags, cartons, wood, excelsior, furniture, rubber,
plastics, yard trimmings, leaves, and similar materials; noncombustibfe
rubbish includes glass, crockery, tin cans, aluminum cans, metal furnitu~e,
and like materials which will not burn at ordinary incinerator temperatures
(1600 degrees Fahrenheit to 1800 degrees Fahrenheit.}
Page 5
Exhibit "A"
(GG) Special Waste: Waste, from a non-residential source, meeting any of the
following descriptions: (A) a containerized waste (e.g. a drum, barrel,
portable tank, box, pail, etc.) (B) a waste transported in bulk tanker, (C) a
liquid waste, (D) a sludge waste, (E) a waste from an industrial process,
(F) a waste from a pollution control process, (G) residue and debris from
the cleanup of a spill or release of a chemical.
(HH) Solid Waste: All non-hazardous and non-special waste material, including
unwanted or discarded waste material in a solid or semi-solid waste,
including, but not limited to: garbage, ashes, refuse, rubbish, yard waste
(including brush, leaves, tree trimmings, holiday ornamental trees, etc.),
discarded appiiances, and home furniture and furnishings, provided that
such material must be of the type and consistency to be lawfully accepted
at the Landfill under the applicable federal, state, and local laws;
regulations; and permits governing each.
(II) Stable Matter: All manure and other waste matter normally accumulated
in or about a stabie; or any animal, livestock, or poultry enclosure; and
resulting from the keeping of animals, poultry, or livestock.
(JJ) Unacceptable Waste: Any waste, the acceptance and handling of which
by Contractor would cause a violation of any permit, condition, legal or
regulatory requirement, substantial damage to Contractor's equipment or
facilities, or present a danger to the health or safety of the public or
Contractor's employees, including, but not limited to, Hazardous Waste,
Special Waste (except as otherwise provided herein), untreated Medical
Waste, Dead Animals weighing ten pounds (10 Ibs.) or greater, solid or
dissolved material in domestic sewage, or solid or dissolved material in
irrigation return flows, or industrial discharges subject to regulation by
permit, soil, dirt, rock, sand, and other natural or man-made inert solid
materials used to fill land if the object of the fill is to make the land suitable
for the construction of surface improvements.
(KK) Yard Waste: Grass clippings, tree trimmings, yard cleanings, brush,
leaves, etc.
Section IV
Contract Services
Contractor hereby covenants and agrees to diligently and faithfully perform the
public service and work of collecting and disposing of all refuse of residential and
commercial units to which it provides service, as provided herein, within the City.
These services shall include the furnishing of all labor, tools, vehicles,
equipment, materials, landfills, insurance, pertormance bonds, supervision and
all other items necessary to the performance of such wo~k and shall be carried
Page 6
Exhibit "A"
out in the manner, at the times, and in the locations and at the prices specified in
the contract documents, and shal{ be subject to inspection and approva! of the
City Manager, or his designee.
Section V
Fees and Rates
Contactor shall obtain information concerning the conditions at locations that may
affect its performance of work. Contractor accepts that quantities of the number
of residential, recycling and commercial units provided by City are strictly
estimates. In evaluating and determining the base value of the Contract,
Contractor is responsible to survey the City for use in preparing the proposal and
as such, is encouraged to utilize its own or other estimates and to provide for
growth or shrinkage factors.
(A} Billing Rate: The rates to be charged by Contractor for refuse collection
through September 1, 2008, will be those set forth in Exhibit "A", the Rate
Sheet, as modified from time to time as set forth and incorporated herein
for all purposes. These rates will be binding and considered part of the
Contract and may be modified by Resolution as approved by the City.
a. Modification of Billing Rate at Contractor's Request: Contractor
shall maintain such rates as shown in Exhibit "A" until at least August 31,
2008. Annually thereafter, the rates shown in Exhibit "A" may be adjusted
annually as provided herein in accordance with the Contract, subject to
the contractor providing written notice as provided herein to the City at
least ninety (90) calendar days in advance of the anniversary date, the
intent to adjust rate. Except as otherwise speci~cally providedr said rate
adjustments are subject to the approval of the City pursuant to Section
V.(a)1(c) and V.(a)2. herein.
Qualifications for Billing Rate Adjustment:
Billing rate adjustments for changes in the (i) Consumer Price Index for
All Urban Consumers (CPI-U), for the Dallas-Fort Worth, Texas Area
(as defined below) and (ii) Fue! Index (as defined below) will be
considered by the City no more than once per year during the term of
the Contract, during the month of August of each contract year.
Contractor must receive approval from the City for such billing rate
adjustment, which approva! shall not be unreasonably withheld.
Contractor's request for an adjustment in the billing rates for increases
in the CPI and the Fuel Index shall be calculated as follows:
(a) CPI-U Component -
Contractor shall first calculate the percentage of change in
the Consumer Price Index (CPI-U), Dallas-Fort Worth,
Page 7
Exhibit "A"
Texas; All Items Less Energy; Base Period 1982-84=100,
Not Seasonally Adjusted, pubiished by the United States
Bureau of Labor Statistics, Consumer Price Index (the "CPI")
between the published final June CPI index of the then
current year and the published final June CPI index of the
immediately preceding year (the "CPI Component"}. In the
event the U.S. Department of Labor, Bureau of Labor
Statistics ceases to publish the CPI, the parties hereto agree
to substitute another equally authoritative measure of
change in the purchasing power of the U.S. dollar as may be
then available so as to carry out the intent of this provision.
(b) Fuel Component -
Contractor shall also calculate the percentage of change in
the cost of diesel fuel during the prior twelve (12) month
period, using the weekly average price of diesel fuel, as
determined by reference to the Energy Information
Administration of the U.S. Department of Energy
("EIA/DOE")'s Weekly Retail On Highway Diesel Prices for
the Gulf Coast, published on the last Monday of each May of
the Contract Year ("Fuel Index"). The EIA/DOE currently
publishes these prices on their website at the following
location: www.tonto.eia.doe.qov/ooq/info/wohdp/diesei.asp.
Contractor shall calculate #he percentage of change in the
price of diesel fuel between the average price of diesel fuel
from the aforesaid website published for the last Monday of
May of the then immediately prior year (the "Initial Fuel
Base") and the average price of diesel fuel from the
aforesaid website for the 52 weeks period immediately prior
to the last Monday of May of the current year (the average
being calculated by adding together the weekly fuel price for
each of the 52 prior weeks, divided by 52) (the "Current Fuel
Base"). The Initial Fuel Base utilized for May of 2007 shall be
$2.55 per gallon. The percentage change in the Initial Fuel
Base and Current Fuel Base shall be multiplied by 13%, and
the product thereof shall be the "Fuel Adjustment
Component."
(c) Supplemental Component -
Contractor may petition the City, not more then once per
year following the completion of the initial year, for
adjustments to reimburse the Contractor for the reasonable
costs to Contractor of any capital andlor operating
expenditures including taxes, fees and surcharges required
or imposed solely by federal or state law, regulation, rule,
permit, or permit condition, that was not imposed because of
Page 8
Exhibit "A"
the action or inaction of the Contractor. Determination of
such supplemental request for billing rate adjustment shal!
be at the sole discretion of the City.
(d) Modification of Bilfing Rate at City's Request: City may
petition Contractor, not more then once per year following
the completion of the initial year, for adjustments to adjust
the billing rate based on any decrease in Contractor's
disposal costs, including but not limited to a decrease in
average amount of waste per pickup. City's request will be
reviewed as an individual component and any decrease will
be automatically applied to the billing rate.
2. City Decision:
The City shall, within forty-five (45) days after Contractor's request
for a Base Rate adjustment, advise Contractor of its approval or
disapproval of an increase in the Base Rates effective as of
September 1 of the then current year. If the City fails to render its
decision within such forty-five (45) day period, the request shall be
deemed approved. However, the City may provide, by written
notice to Contractor, of an extension of the forty-five day
requirement for an additional thirty (30) day evaluation period. The
City's approval of Contractor's request for an increase in the Base
Rates for a CPI-U/Fuel Components, as calculated above, shall not
be unreasonably withheld. However, the decision by the City for a
Supplemental Component billing rate adjustment shall be at the
sole discretion of the City.
(B) Franchise Fee: For and in consideration of the City granting Contractor a
Contract within the city limits for commercial and residential refuse
collection, the City shall independently establish a franchise fee, separate
and apart from the Contractor cost for refuse collection services,
calculated pursuant to:
(1) Residential Billing: The City is hereby designated as the billing and
collection agent for the residential refuse services provided herein. The
City will levy 8.0 percent (8.0%) for each customer billing as payment of
the portion of the franchise fee due on gross revenues. The City agrees to
provide Contractor with a computer printout establishing the amount of the
residential billings by the City each month, said printout to be provided and
any amounts due to Contractor to be paid to Contractor no later than the
twentieth (20) day of month following the month billed.
(2} Commercial Billing: Contractor shall be responsible for billing and
collection of funds for commercial refuse services. Contractor agrees to
Page 9
Exhibit "A"
provide the City with a computer printout and computer data file in a
format acceptable to City for each customer served, the name of each
customer, the type of container serviced, the frequency of collection, the
location of each commercial container, and the totai dollar amount per
account serviced by Contractor each month and the total dollar amount
collected each month, said information and the 8.0 percent (8.0%} of the
total dollar amount collected for the month franchise fee to be provided to
the City no later than the twentieth (20) day of the month following the
month collected.
(C) Audit: Either Contractor or the City may request an audit of all refuse
related account records by the respective independent audit firm then
engaged by either at the time of the request. Such audit shall be at the
expense of the party requesting same unless the audit results in a credit
or payment due of one thousand ($1,000) dollars or more to the party
requesting the audit in which case the cost of the audit will be paid by the
non-requesting party. Further, documentation of billings will be provided
to the City or Contractor upon request by the other party.
Section VI
Contractor's General Duties and Obligations
It shall be the duty and obligation of Contractor to perform the following services:
(A) The Contractor, at its sole cost and expense, agrees to furnish all trucks,
equipment, machines, landfill and labor which are reasonably necessary
to adequately, efficiently, and properly collect and transport garbage from
accounts serviced by Contractor in accordance with this Contract. In no
event will the average age of the trucks assigned to this contract be older
than ten (10) years. Collection of garbage shall be made using sealed
packer-type trucks, and such equipment shall not be allowed to leak or
scatter any waste within the limits of the City nor while in route to the
disposal site.
(B) Due to the street size variations in the City, the Contractor shall provide
equipment that will accommodate such public streets and alleys. Special
collections shall be made using appropriate equipment. Damage caused
by collection equipment such as spillage, broken curbs or sidewalks, and
mail boxes shall promptly be repaired or replaced at the Contractor's
expense. Contractor shall not weave from curb to curb, drive in the middle
of the road, or apply severe braking during routes through residential
streets to prevent damage to infrastructure and for safety reasons.
Contractor will train drivers to protect City streets and not make sudden
braking stops that will damage street surfaces.
Page 10
Exhibit "A"
(C) All motor vehicles used in performance of the obiigations he~ein created
shall be cleariy marked with the Contractor's name, telephone number,
and unit number legible minimally from one hundred fifty feet (150'). All
vehicles and equipment shall be of a uniform color, and the exterior of the
vehicle and equipment shall be in good condition. No advertising, except
the company logo, shall be permitted on vehicles. All collection equipment
shall be maintained in a safe and efficient working condition throughout
the term of the Contract. Such vehicles sha{1 be maintained through a
regular preventative maintenance program and painted as often as
necessary to preserve and present a well-kept appearance. Vehicles are
to be washed and disinfected on the interior and exterior on a monthly
basis or as reasonably requested by the City. Vehicles shall be
reasonably maintained and free of dents, abrasions, or cosmetic damage.
(D) Garbage collection vehicles and recycling collection vehicles shall be
clearly distinguishable from one another. In the event that one vehicle is
used to serve the other purpose, a clearly visible sign should be affixed to
the vehicle to inform residents that the refuse or recycling materials are
going to the proper place. The Contractor shall furnish the City a list of all
equipment to be used fulfilling the Contract and shal! update that list as
equipment changes and as may be requested by the City. At no time shall
the Contractor commingle garbage and recycling materials.
(E) The City may inspect the Contractor's vehicles at any time to ensure
compliance of equipment with the Contract and if found non-compliant
may require that the equipment be removed from City service and
replaced prior to the next scheduled service with a different vehicle or the
deficiencies corrected to the reasonable satisfaction of the City.
(F) Contractor will dispose of in a legal manner, all garbage, brush, debris,
bulky items, bundled or boxed bundled items, and other refuse collected.
(G) Contractor agrees to establish daily routes and special schedules for the
collection of garbage, brush, debris, bulky items, bundled or boxed
bundled items, and other refuse as necessary to fulfill the requirements of
this Contract. The City shall reasonably approve all routes. The
Contractor shall submit any proposed changes in the routes to the City for
approval, which shall not be unreasonably withheld. The City shall have
the right to require alteration of service to any premises where unsightly or
unsanitary conditions have resulted from inadequate commercial
containers or an insufficient number of collections.
(H) Contractor agrees, at its own expense, to maintain a toll-free telephone
number and to provide that telephones be answered from 8:00 A.M. to
5:00 P.M., Monday through Friday; and 8:00 A.M. to 12:00 P.M. on
Saturday, excluding Holidays defined herein in Section VI(m), for the
Page 11
Exhibit "A"
purpose of handling complaints and other calls regarding solid waste
and/or recyclable collection service. During these hours, a mechanical
answering machine may not be used. Contractor may, however, use a
mechanical answering machine to take messages at all other times.
(1) The Contractor shall keep competent personnel in the office during
the time the office is required to be open to the public, and the office
personnel shall have authority to represent the Contractor in its relations
with the public.
(2) The Contractor shall also provide the City a telephone number by
which the Contractor can be contacted for after-hours' emergencies.
(3) The Contractor shall keep and maintain in the office a daily log in
both electronic and paper form in a format acceptable to City of all the
service calls and complaints, and shall show the nature of the call
complaints or communication and nature and time of the disposition
thereof by the Contractor. The City shall have the right to inspect the daily
log at any reasonable time.
(I) Contractor shall consistently and continually establish and maintain an
authorized Managing Agent and shall designate, in writing, to the City
Manager the name, telephone number, and address of such agent upon
whom all notices shall be served by the City and to whom complaints
received from citizens of the City may be directed.
(J) Contractor shall assign one supervisory level employee to oversee
Contractor's operations in the City. Contractor agrees that if the
supervisory level employee normally assigned to the City is scheduled off
work then Contractor will assign a substitute supervisory employee who
will have the same responsibilities as the regularly assigned supervisory
employee. The City Manager, or his designee, will be given the name and
contact information of the supervisor so assigned and will have the right to
contact the supervisor directly should the need arise. The supervisor
assigned to the City will be available to respond within two hours to issues
that may arise.
(K) Contractor shali employ sufficient numbers of employees to meet its
obligations under this Contract and employ only superintendents,
supervisors, and workers who are careful, competent and fully qualified to
perforrn the duties or tasks assigned to them and shall secure the
summary dismissal of any person or persons employed by Contractor in or
about or on the work who shall misconduct themselves or be incompetent,
disrespectful, intemperate, dishonest, or otherwise objectionable or
neglectful in the proper performance of their duties or who shall neglect or
refuse to comply with or carry out the directions of Contractor. All workers
Page 12
Exhibit "A"
shall have sufficient skill, ability, and experience to properly perForm the
work assigned to them and operate any equipment necessary to properly
carry out the performance of their assigned duties. Contractor shatl
perForm driving record checks of all drivers working within the City with
said checks to be updated every twelve (12) months or as frequently as
required by State ar Federal Department of Transportation Regulations.
All field employees shall pass a drug test and criminal background check,
as administered by the Contractor, prior to working in the City. Contractor
shall not assign an employ to work within the City who has been either
charged or convicted of a sexual act against a child. Contractor shall
remove any field employee not meeting this standard from working within
the City and promptly advise the City of such occurrence.
(L) Contractor shall provide evidence indicating that it has the right to use a
fandfill site for the purpose of this Contract for the entire period of this
Contract and any agreed extensions thereto_ Contractor agrees to
indemnify and hold City harmless from any liabilities, including but not
limited to, special clean-ups, fines or other regulations imposed on any
landfill site used by the Contractor to dispose of City trash and refuse. As
between the City and the Contractor, once waste is picked up by the
Contractor, all refuse and garbage shall be the sole responsibility of the
Contractor. Hazardous waste and other items prohibited by state, federal,
or local regulation from placement in landfills shall not be knowingly or
intentionally placed in a landfill by Contractor. If such hazardous or
prohibited waste is inadvertently placed in a landfill by Contractor, the
Contractor shall not be precluded from seeking remedies, including but not
limited to damages, due the Contractor from the industrial or commercial
customers that generated the hazardous or prohibited waste and placed it
with the Contractor for collection and disposal. Contractor and the City
recognize that the Contractor's Contract to indemnify the City from any
and all liability for items placed in a landfill flows from the joint knowledge
of the parties that the City will not know what is being placed with the
Contractor and delivered to the landfill.
(M) Contractor may cancel collection services on only the following holidays:
New Years Day, Memorial Day, Independence Day, Thanksgiving Day
and Christmas Day. Contractor may decide to observe any or all of the
above mentioned holidays by suspension of collection services for the
holiday. Any services cancelled due to an observed holiday will be
collected on the next regular scheduled collection day. Contractor will be
responsible for notifying all customers at Contractor's expense of any
deviation from a regular scheduled pickup day due to any holiday
observed by Contractor. If a necessity arises that Contractor believes
warrants collection services on a designated holiday, approval shalt be
obtained from the City Manager, or his designee, at least twenty-four (24)
Page 13
Exhibit "A"
hours prior to the holiday c
for timely informing affectE
and Contractor will work
method af said notification.
~Ilection. Contractor wil! be solely responsible
~ customers of this holiday pick-up. The City
together to determine the most appropriate
(N) Contractor shall provide at the City's sofe discretion a representative to
assist with customer inquiries, account assistance, scheduling,
complaints, etc. for the first thirty (30) calendar days and during normai
office hours of the contract initiation in the event the contract is awarded to
a new service provider.
Section Vtl
Contractor's Collection Duties and Responsibilities
(A) Residential Collection.
(1) The Contractor shall provide curbside or backdoor collection
service for residential solid waste (including Acceptable Brush) on a
four day schedule with all residential customers receiving service
twice per week on either a MondaylThursday or Tuesday/Friday
schedule. Contractor shall collect all Acceptable Waste placed in
authorized containers (plastic bags or residential containers), and
yard waste bundles placed at curbside by 7:00 A.M. on the
designated collection day. Contractor shall pick up all garbage on
the designated collection day no later than 7:00 P.M. Unless
approved in writing in advance by the City Manager, no collection
shall be made on Sunday.
(2) Contractor shall be required to collect all acceptable brush and tree
trimmings up to four (4) bundles per collection with bund{es not
weighing more then fifty (50) pounds each, two (2) times per week
during the term of this Contract, with a minimum of two (2) days
between collections, except as otherwise mutually agreed to by the
City and Contractor. In the alternative of being bundled, materials
may be placed in a disposable container. Any additional bundles
exceeding the four (4) bundles per cotlection requirement shall be
collected by the Contractor, at the customer's request, on the same
on-call basis for a rate set forth in the Miscellaneous Rate Sheet.
Contractor shall bill the customer directly for this fee and is
responsible for collection of same.
Contractor shall collect bulky waste and brush, rubbish and trees
not exceeding four (4) cubic yards per collection and not to exceed
four (4) times per calendar year. Any additional bufky waste
pickups exceeding this collection schedule shall be collected by the
Contractor, at the customer's request, for a rate set forth in the
Page 14
Exhibit "A"
Miscellaneous Rate Sheet. Contractor shall promptly communicate
and bill the customer directly for this fee and is responsible for
collection of same, All bulky waste set at the curb will be collected
by the Contractor on the regular refuse pick-up schedule. Bulky
waste pick ups exceeding the four times per calendar year limit will
be collected and billed to the customer. Contractor is required to bill
the customer and leave information at the address indicating cost.
A copy of each additional billing shall be provided to the City on a
monthly basis.
(3) Contractor shall make reasonable efforts to establish a process for
providing a customer service request component for customers
needing to schedule special collection services. The service shaN
be provided on a twenty-four hour/seven day per week customer
call center and additionally supported by an internet based system.
Special collection services shall include, but are not limited to, bu{ky
waste, bundled waste and grass-leaf bags. The online internet
component shall be a secured online payment system. Company
shall provide a history summary enabling the user to quickly and
accurately ascertain prior usage. Company shall provide, at no
cost, a link from the site to the City website.
(4) Contractor shall make collections with a minimum of noise and
disturbance to the householder. This work shall be done in a
sanitary manner. Any refuse or trash spilled by Contractor shall be
picked up immediate{y by the Contractor's employees.
(5) It is anticipated that the City will evaluate and consider employing a
citywide yard waste elimination program during the term of the
Contract. In such case, Contractor shall assist the City with
research and evaluation of best practices, cooperatively participate
in the deployment of equipment and personnel if selected by the
City and adjust rates based on a mutually agreed negotiate rate.
The implementation of such a program shall not commence until
after the completion of the first anniversary.
(6) Curbside Recycling.
(1) The Contractor shall provide curbside or backdoor collection
service for residential recycling on a two (2) day schedule with all
residential customers receiving service once per week on either a
Monday/Thursday or Tuesday/Friday schedule. Contractor shall
collect all materials placed at curbside by 7:00 A.M. on the
designated collection day. Contractor shall pick up all materials on
the designated collection day no later than 7:00 P.M. Unless
Page 15
Exhibit "A"
approved in writing in advance by the City Manager, no collection
shall be made vn Sunday.
(2) Recyclable commodities for each residential premise shall be
serviced once per week. The Contractor shall provide curbside or
backdoor recycling collection service. Contractor shall collect all
recyclable commodities placed at curbside or backdoor by 7:00
P.M. on the designated collection day. In the alternative and
subject to City approval, Contractor may provide for collection of
recycling on a non collection day for regular residential recycling
collection. Contractor shall pick up all recycling commodities on the
designated collection day no later than 7:00 P.M. Any additional
recycling container, other than defined in Section III, will be billed to
the customer pursuant to the cost identified in the Miscellaneous
Rate Sheet.
(3) The charge for collecting multiple bins shall be the same as for the
coliection from a single bin.
(4) Contractor shall provide replacement bins for customers whose bin
is damaged, lost, or stolen at the rate as listed on the
Miscellaneous Rate Sheet.
(5) Contractor shall collect the recyclable materials at the curb.
Contractor shall coilect recycling material set out for collection
outside the normal recycling bin when necessary. An example
includes extra newspapers bundled and/or bagged where volume is
greater than bin size.
(6) Contractor shall provide the City a recycling report detailing volume
collected and participation rate on a monthly basis, within fifteen
(15) working days from the end of the reporting month. The report
will provide estimated summaries of fhe tonnage of all materials
recovered by type of materials, residential participation, rates in
terms of weekly and monthly set-out counts with a description of
the methods used to determine the participation rates.
(7} The Contractor shall be responsible for transporting the marketable
recyclable materials to a processing site and must have established
buyers or markets for the recyclables. The Contractor may be
required to identify the buyers of the recyclables upon request by
the City. To the fullest extent possible, recycling materials should
be protected against contaminates that require disposal at the
landfill. The Contractor shall be totally responsible for the
processing and marketing of all marketable recyclable materials
collected pursuant to the Contract.
Page 16
Exhibit "A"
(8) if Contractor's employees determine that the recyclable materials
set out by the resident are unacceptabie due to the
inappropriateness of the rnaterials, Contracto~ will leave the
inappropriate materials in the bin. A sticker shall be attached to the
bin expfaining the reason the materials were rejected. Contractor
will not be required to collect recyclable materials mixed with
garbage or rubbish normally collected by solid waste collecting
crews.
(C) Commercial and Industrial Collections.
(1) The Contractor shall provide curbside collection service for sofid
waste (not exceeding the defined limits herein) on a five day
schedule for aft commercial hand collection customers. Contractor
shaH collect atl Acceptable Waste placed in authorized containers
(plastic bags or containers), placed at curbside by 7:00 A.M. on the
designated collection day. Contractor shall pick up all garbage on
the designated collection day no later than 7:00 P.M. Unless
approved in writing in advance by the City Manager, no collection
shall be made on Sunday.
(2) Commercial Container Specifications: Contractor agrees to make
commercial contair-ers for storage of garbage, refuse, brush,
Construction and Demolition Waste, and/or debris, as the case may
be, available upon request of the owner or occupant of any
premises (at such owner's or occupant's expense) within the
corporate limits of City, excluding single family and two famify
residences. The commercial containers provided by Contractor
shall be (i) equipped with suitable covers to prevent blowing or
scattering of refuse while being transported for disposal of their
contents, (ii) maintained in good repair, appearance, and in a
sanitary condition, and (iii) clearly marked with Contractor's name
and telephone number in letters not less than two (2) inches in
height. If collection is from a commercial container, that container
should be located on a concrete pad to accommodate collection
equipmenf.
(3) Frequency of Commercial Collections: Contractor agrees that the
frequency of collections shall be as is mutually agreed upon by
Contractor and the commercia! customer, provided, however,
collection service shall be at least once per week to maintain the
premises free of accumulation of waste and no collections will be
made on Sundays.
Contractor shall notify City if the size and number of commercial
containers and frequency of pickup at a commercial site are
Page 17
Exhibit "A"
insufficient to avoid an unsightly accumulation of refuse or fire
hazards or an accurnulation of flies, rodents, scavengers and
unnecessary odors. Hours of collection for commercial customers
shall be between 7:00 A.M. to 7:00 P.M.
(4) Frequency of Industrial Collections:_ Contractor agrees that the
frequency of collection shall be as is mutually ag~eed upon by
Contractor and the indust~ial customer, provided, however, that
Contractor shall notify City if collection service are not scheduled so
as to maintain the premises free of accumulation of refuse or fire
hazards or an accumu~ation of flies, rodents, scavengers and
unnecessary odors.
(D) City Collections.
The Contractor shall provide at no charge to the City, the collection,
transportation, and disposal of waste accumulated by the City at City
owned, operated, or other City designated sites up to ten thousand front
load container service yards and twenty four (24) 30-yard roll aff loads of
waste per year ("Annual Limits"). City will provide a list of such sites to
Contractor. Regular service shall include the free provision, collection,
and hauling or dumpsters and/or roll-off containers as requested by the
City for special events and ongoing or special projects. In the event that
the City's containers are full and are in need of a special disposal, the
Contractor shall accommodate the City when possible. For collection
service requirements in excess of these Annual Limits, the City will be
charged the then current rates for such service as set forth in the attached
Rate Sheet. For purposes of this section, commercial service yards per
container shall be calculated using the container size multiplied by the
times of collection (for example: 6-yard container X 3 times per week
coltection X 4.33 weeks per month X 12 months = 935 annual commercial
collection yards). Roll off loads shall consist of completed loads of large
containers (30-yards) to the ~andfill as directed by the City.
The Contractor shall provide one roll-off container commencing on the
Saturday of the city general election at no cost to the City. The Container
shall be placed at the location designated by the City for one week
following the election.
(E) Special Collections
(1) Holiday Ornamental Tree Recycling. The Contractor shall provide
for the collection of ornamental holiday trees, for no additional fee, by
Residential Customers for the period beginning on the 26`h of December of
each year and ending on January 9th of the succeeding year as part of the
customers regular refuse collection schedule.
Page 18
Exhibit "A"
(2) Storm Debris Management Program. In the event of a major storm,
as determined by the City Manager, the Contractor shall provide, at the
City's request, assistance to residents in the disposal of storm debris. The
Contractor agrees to provide sufficient information to substantiate its costs
to provide this service and the City and Contractor agree to negotiate in
good faith to agree upon the fees to be paid for this service.
Section VIII
Spillage
(A) Contractor shall not be responsible for scattered refuse unless the same
has been caused by its acts or those of any of its employees, in which
case, all scattered refuse shall be cleaned up immediately by the
Contractor. A fork, push broom, and a scoop-type shovel shall be
maintained on each truck for clean up activity. The Contractor shall, if
necessary, hand clean all spilfage resulting from its collection activities. In
the event of spillage of hydraulic fluid, engine oil, fuel, or other liquids that
spill from the collection truck which may require power washing ("truck
fluids") on City infrastructure or private property, Contractor agrees to
power-wash the pavement or concrete to attempt to remove spillage within
twenty-four (24) hours of natification of said spillage. In the event of
spillage on private property, Contractor shall remove said waste within
twenty-four (24) hours of notification to Contractor.
(B) Contractor will not be required to clean up or collect loose refuse and/or
spillage not created by its operations, but shall report the location of such
conditions to the City so that proper notice can be given to the customer at
such premises to properly cantain such refuse. Spillage or excess refuse
shall be picked up by Contractor after the customer re{oads the
containers. In the case of commercial customers, Contractor shall be
entitled to an extra collection charge for each reloaded commercial
container requiring an extra collection.
(C) Should such commercial spillage continue to occur, due to the inadequate
size of the container, the City shall require the commercial customer and
Contractor to increase the frequency of colfection of the customer's refuse,
or require the customer to utilize a commercial container with a larger
capacity, and Contractor shall be compensated for such additional
services.
Section IX
Non-Collection and Complaints
(A) All service compfaints shall initially be directed to Contractor. In all cases,
Contractor will strive to resolve complaints to the City satisfaction within
Page 19
Exhibit "A"
the same business day, exciuding weekends, Holidays and after normal
business hours. Any missed pickups of residential refuse will be collected
the same business day if notification to the Contractor is provided by 2:00
P.M. but not later than 12:00 P.M. the next business day if notification is
provided after 2:00 P.M.
Unless Contractor provides proper documentation to the City, Contractor
will contact the customer and begin the resolution process by the end of
the next business day following receipt of the complaint and seek to
resolve the complaint to the complainant's satisfaction within twenty-four
(24) hours of receipt of the complaint, excluding weekends, Holidays and
after normal business hours. If the Contractor is unable to resolve a
complaint within twenty-four (24) hours, Contractor will notify City and
provide documentation to the City's satisfaction explaining the reasons the
complaint cannot be satisfied within the specified time period. The City
Manager, in the event that the Contractor fails to resolve the complaint
within 36 hours (excluding weekends, Holidays and after norma! business
hours} may reasonably elect to deduct from amounts due the contractor
the sum of one hundred ($100) dollars for each occasion. The Contractor
may appeal the decision of the City Manager to the City Council. On a
monthly basis, Contractor shall supply the City with copies of all
complaints on a form approved by the City or in an electronic format
acceptable to City at City's option indicating the disposition of each
complaint. The form shall indicate the day and hour on which the
complaint was received and resolved.
(B) The City shall notify Contractor of each complaint reported to the City in
order for Contractor to take whatever reasonable steps are necessary to
remedy the cause of the complaint. Contractor shall notify the City of its
disposition in the bi-weekly report described in the preceding paragraph.
(C) Contractor shall provide the City with a full explanation of the disposition of
any complaint involving a customer's claim of damage to private property
as the result of actions of Contractor's employees, agents and
subcontractors.
(D) Contractor shall notify all customers about complaint procedures, rules
and regulations, and days of collection on an annual basis and whenever
there is a change in service, days of collections, procedures, etc. The City
and Contractor will work together to determine the most appropriate
method of said notification.
(E) For a complaint from a customer or Contractor, the City Manager, or his
designee, shall be responsible for deciding any disputes between the
Contractor and the customer as to the validity of the complaint. The
decision of the City Manager, or his designee, on such matters shall be
Page 20
Exhibit "A"
final and a{I parties agree to abide by said decision; provided, however,
that when Contractor challenges any complaint or failure to perform under
the Contract, the City Manager may, or his designee's, in his sole
discretion, request a joint inspection by a representative of the City and a
representative of Contractor. However, such inspection shall not alter the
City Manager's, or his designee's, discretion to make the final decision
regarding such matter.
(F) It is understood and agreed by and between the City and Contractor that if
any customer maintains improper or inadequate containers for the nature,
volume or weight of refuse to be removed from the premises, or if any
customer improperly places debris or bulky items for collection, Contractor
may refrain from collecting all or a portion of such refuse and shall notify
the City and the customer that refuse has not been removed from his
premises on the scheduled collection day and where na notice of non-
collection or a change in collection schedule has been received from
Contractor, the City may investigate. If the City determines that
Contractor has failed to collect refuse from the premises without cause,
Contractor shall co1{ect same within 24 hours after a collection order is
issued by the City.
(G) Employees of Contractor shall not be required to expose themselves to
dangerous or vicious animals in order to accomplish refuse collection in
any case where the owner or tenants have animals at large, but
Contractor shall immediately natify the City, in writing, of such condition
and of Contractor's inability to make collection.
(H) Contractar may cancel a portion or all of a scheduled service day due to
hazardous weather conditions, and shall notify the City Manager or his
designee of such cancellation as soon as the decision to cancel service
has been made. Unless otherwise reasonably approved by the City
Manager, such decision in no manner relieves the Contractor of its
obligation to provide residential collection services twice per week and
recycling collection services once per week. Contractor will be
responsible for notifying all customers at Contractor's expense of any
deviation from a regular scheduled pickup day due to a hazardous
weather condition.
Section X
Review of Performance
(A~ The City may conduct an annual performance review, on or about the
anniversary date of the Contract, to review the previous twelve months
performance. City staff shall present a summary of complaints regarding
the handling and status of complaint being resolved for that previous time
Page 21
Exhibit "A"
period. The Contractor shall be provided an opportunity to present
information as well concerning the handling status of complaints or other
service issues. The Contractor shall be provided a reasonable cure
period, by the City, to correct any identified complaints for the previous
year.
At the end of the initial term of the Contract, the City may undertake a
review of the performance of the Contractor based upon performance and
quality measures outlined in the Section XI of this Contract. If the City
finds the performance of the Contractor to be acceptable, this Contract will
automatically renew under the same terms and conditions for an additional
period as provided in Section I herein.
(B) If at the conclusion of a performance review conducted pursuant to
Section X(a) above, the City determines that the Contractor's performance
is unacceptable, the City and Contractor will enter into good faith
discussions to resolve any problems with the Contractor's performance.
(1) If Contractor and City are able to reach agreement regarding the
level of Contractor's performance and the steps necessary to
improve Contractor's performance, and if said steps are
implemented by Contractor, the term of service will be renewed for
the same time period called for upon a finding of acceptable
performance by the City.
(C) In the event the term of service is considered for extension, the City will
undertake a review of the performance of the Contractor based on the
performance and quality measures outlined in Section XI of this Contract.
If the City finds the performance of the Contractor to be acceptable, this
Contract will automatically renew under the same terms and conditions for
an additionaf five (5) year period, terminating August 31, 2017. If the City
determines that the Contractor's performance is unacceptable, the City will
notify the Contractor of this determination by December 31, 2012, and the
City and the Contractor will enter into good faith discussions to resofve
any problems with the Contractor's performance. If the Contractor and the
City are able to reach Contract regarding the level of Contractor's
performance, and if said steps are implemented by Contractor, this
Contract wilf renew as provided herein. Otherwise, the Cantract will not
be renewed and be cancelled on August 31, 2012.
Section XI
Performance Measures
In evaluating Contractor's performance, the City will determine whether the
Contractor has met the following performance measures:
Page 22
Exhibit "A"
(A) Contractor will strive to meet and exceed community expectations for
customer service and community involvement. By the anniversary date
each year, Contractor will provide to City an annual work plan detailing
and identifying areas of opportunity to be engaged as an active and
participative member of the corporate community. Financial participation,
while encouraged, shall not be a factor of consideration.
(B) Customer Complaints: In accordance with Section IX(a) herein,
Contractor shall not have failed to contact customers to begin the
resolution process by the end of the next business day more than six
times per year, and contractor will have resolved customer complaints to
the complainant's satisfaction within 36 hours of Contractor's receipt of the
complaint, as called for herein, except for Sundays and Holidays and
those instances where Contractor has provided the City with written
documentation showing why the complaint will take longer than thirty-six
(36) hours to resolve, ninety percent (90%) of the time as measured over
an eighteen month period.
(C) Satisfaction Survey: A Customer Satisfaction Survey ("Survey) may be
performed by the City at a time when the performance of other city
services are being surveyed, at City's expense. The question in the
Survey to be asked of the customers in relation to Contractor will be as set
forth in Exhibit "D", or as otherwise agreed to by City and Contractor. The
parties agree that it is a goal to have at least eighty-five percent (85%),
excluding those who answer "no experience," or "no comment" of the
responses to the Survey will rank Contractor as good or exceNent.
Nevertheless, the parties will discuss the actual results and attempt to
determine if a lower rating is acceptable to the City based on the
circumstances surrounding the Survey. The Survey shall be valid and
reliable, and properly reflect the different categories of the City's
population, including, but not limited to, age, region of the City where
respondent lives, and income levels. The Survey will not be conducted by
mail. If Contractor challenges the Survey, the City agrees to provide all
information relating to the Survey to Contractor so that Contractor can
investigate the validity and reliability of the Survey or whether it properly
reflects the City's population.
(D) Collection of Acceptable Waste: Contractor shall not fail to collect
acceptable waste within twelve business hours after learning of the failure
to collect acceptable waste more than ten (10) times in any twelve month
period.
(E) Duties and Obligations: Contractor shall have substantially performed all
of Contractor's General Duties and Obligations as set forth in Article VI of
this Contract.
Page 23
Exhibit "A"
(F) Spillage: Contractor shall not have failed to pick up scattered refuse or
spillage in accordance with Article VIII more than three times in any twelve
month period.
(G) Noncompliance: Contractor shall have no events of Noncompliance as
outlined in Article XV herein.
(H) Timeliness of Collection: Contractor shall have received complaints
alleging that collection within 1,000 feet of any residence occurred before
7:00 a.m. or after 7:00 p.m. on more than three occasions.
(I} Adherence to State, Local and Federal Laws: Contract shall have no
violations of and State, Local or Federal laws, excluding traffic violations in
the previous twelve (12) months.
(J) Recycling Education: Contractor will provide at least one public recycling
education session explaining the benefits of recycling.
(K) Reports: Contractor shall provide the City with a monthly commercial
report. The report should include the amount of commercial activity
including the number of commercial customers, the number of commercial
accounts by size and number of pick-up, the number of cubic yards of
col-ected, and any other information requested by the City. The
Contractor shall provide the City with this information within fifteen (15)
days from the end of the reporting month. Contractor shall also provide the
City with a monthly residential haul report. Such report shall include such
information as necessary to determine Contractor's disposal costs,
including but not limited to the average amount of waste per pickup.
Section XII
Contractor's Relation to City
(A) Contractor as Independent Contractor: It is expressly agreed and
understood that Contractor is in all respects an independent contractor as
to the work, duties and rights granted herein, notwithstanding the fact that
Contractor is bound to follow the direction of designated City officials, and
that neither Contractor nor any person performing any of the work covered
under this contract is in any respect an agent, servant, officer or employee
of the City. This contract specifies the work to be done by Contractor, but
the method to be employed to accomplish this work shall be the exclusive
responsibility of Contractor, and under Contractor's exclusive control and
right of control. The doctrine of respondent superior shaH not apply
between the City and Contractor, or any of Contractor's agents, servants,
Page 24
Exhibit "A"
employees or subcontractors and nothing herein shall be construed as
creating a partnership or joint enterprise between the City and Contractor.
(B) Subletting Contract: This Contract, or any portion thereof, shall not be
sublet or assigned except with the prior written consent of the City. No
such consent will be construed as making the City a party to such
subcontract or assignment, or as subjecting the City to liability of any kind
to any subcontractor or assignee. No subcontractor or assignee shall,
under any circumstances, relieve Contractor of his liability and obligation
under this Contract, and despite any such subletting or assignment, the
City shall deal through Contractor unless otherwise agreed by the City.
Any subcontractor and assignees will be dealt with as workers and
representatives of Contractor, and as such shall be subject to the same
requirements as to character and competence as are other employees of
Contractor.
(C) Inspection of Performance: The City Manager, or his designee, may
inspect Contractor's operations, equipment and performance at any
reasonable time and Contractor shall furnish the City Manager, or his
designee, with every reasonable opportunity to inspect Cantractor's
operations or equipment or for otherwise ascertaining whether or not the
work is being performed in accordance with the requirements of this
contract.
Section XI11
Indemnification
Contractor covenants and agrees to fully indemnify, hold harmless and defend
the City, its officers, agents, servants and employees from and against any and
all claims, demands, suits, judgments, costs and expenses (including attorney's
fees) for property damage or loss, and/or bodily/personal injury, including death,
to any and all persons, of whatsoever kind or character, whether real or asserted,
arising out of or in connection with the performance, attempted performance or
non-performance of the work and services described hereunder including
operations of subcontractors, if any, and the acts or omissions of employees or
agents of Contractor, or in any way resulting from or arising out of the collection,
transportation or disposa{ of solid waste under this contract, save and except for
the loss or injury due to City's sole negligence, or willful acts or omissions
without, however, waiving any governmental immunity available to City under
Texas law and without waiving any defense of City or Contractor under Texas
Law.
The provisions of this indemnification are solely for the benefit of the parties
hereto and not intended to create or grant any rights, contractual or otherwise, to
any other person or entity.
Page 25
Exhibit "A"
The insurance coverage specified below constitutes the minimum requirements
and said requirements shal! in no way lessen or limit the liability or responsibility
of Contractor under the terms of this contract.
Section XIV
Insurance
The Contractor shall obtain and maintain in full force and effect for the duration of
this Contract and any extension hereof, at the Contractor's sole expense,
insurance coverage written by companies approved by the State of Texas and
acceptable to the City in the following types and amounts. Any of the insurance
coverage required herein may in part, or in whole, come from seif funded,
ERISA, or self insurance plans.
~(pE AMOUNT
(a) Worke~s Compensation and
Em lo er's Liability Statutory
$100,000/500,000/100,000
~(pE AMOUNT
(b) Commercial General (Public) Combined single limit for bodily
Liability insurance including injury and property damage in the
coverage for the following: amount of $2,000,000 per
a. Premises Operations occurrence or its equivalent.
b. Independent Contractors
c. Products/Completed
Operations
d. Personallnjury
e. Advertising Injury
f. Contractua{ Liability
. Medical Payments
TYPE AMOUNT
(c) Comprehensive Automobile Combined single limit for bodily injury
insurance, including coverage for and property damage in the amount
laading and unloading hazards, for: of $5,000,000 per accident or its
a. Owned/Leased Vehicles equivalent.
b. Non-owned Vehicles
c. Hired Vehicles
(A) Additional Policy Endorsements.
The City shall be entitled, upon request, and without expense, to receive
copies of the policies and all endorsements thereto and may make any
reasonable request for deletion, revision, or modification of particular
Page 26
Exhibit "A"
policy terms, conditions or exclusions (except where policy provisions are
established by law or regulation binding upon either of the parties hereto
or the underwriter of any of such policies). The City may review the Policy
limits every year, and at such times the Policy limits may be reasonably
adjusted, provided such adjusted limits are available, and any additional
premium cost may be passed through to customers if approved by the City
in accordance with Section V.(b). Upon such request by the City, the
Contractor shall exercise reasonable efforts to accomplish such changes
in policy coverage and shall pay the cost thereof.
(B) Required Provisions: The Contractor agrees that with respect to the
above required insurance, all insurance contracts and certificate(s) of
insurance will contain and state, in writing, on the certificate or its
attachment, the following required provisions:
(1) Name the City of Colleyville and its officers, employees, and
elected representatives as additional insured, (as the interest of
each insured may appear) as to all applicable coverage;
(2) Provide for thirty (30) days notice to the City for cancellation, non-
renewal, or material change and ten (10) days notice for workers'
compensation coverage;
(3) The Contractor agrees to waive subrogation against the City and its
officers, employees, and elected representatives for injuries
including: death, property damage, or any other loss to the extent
same may be covered by the proceeds of insurance except for
cases invo~ving the sole negligence of the City;
(4) Provide that all provisions of this Contract concerning liability, duty,
and standard of care, together with the indemnification provision,
shall be underwritten by contractual liability sufficient tv include
such obligations within applicable policies;
(5) For coverage's that are only available with claims made policies,
the required period of coverage will be determined by the following
formula: Continuous coverage for the life of the Contract, plus one
(1) year (to provide coverage for the warranty period), and an
extended discovery period for a minirnum of five (5) years which
shall begin at the end of the warranty period; and
(C) Notices: The Contractor shall notify the City in the event of any change in
coverage and shall give such notices in writing no less than thirty (30)
calendar days prior to the change. The notice must be accompanied by a
replacement Certificate of Insurance.
Page 27
Exhibit "A"
Section XV
Noncompliance
In the event Contractor shall fail to perform any of the materiai provisions (a
"Material Breach) of this Contract, City shall promptfy notify Contractor of its
noncompliance, stating with particularity the facts relating thereto. Thereafter, if
the Material Breach is not corrected or if agreed upon steps are not taken to
improve and/or otherwise comply with the terms of this Contract within a period
of time which is reasonable in relation to the nature of the event of
noncompliance but in no case more than ten (10) days (hereafter the "Contractor
Cure Period") the Material Brach shall constitute an act of noncompliance. For
each such Material Breach, City may deduct from the consideration to be paid
Contractor the sum of Five Thousand and No1100 Dollars ($5,000.00) per day for
each day such Material Breach shall continue following the Cure Period
("Liquidated Damages"). This remedy is hereby expressly made cumulative of
other remedies available to City, at law or in equity, for the breach of this
Contract. Notwithstanding anything stated in this Article XV to the contrary, a
Material Breach shall represent all breaches for a material breach of a given
section per day. For instance, if Contractor were unable to service a material
number of pickups for a given period, (e.g., three days) the Liquidated Damages
amount shall be the total damages per day paid in connection with that Material
Breach (not per each account that Contractor did not service.) Total Liquidated
Damages for that Material Breach for the three (3} calendar day period would be
Liquidated Damages times three (3).
Section XVII
Termination
If at any time Contractor shall fail to substantially perform terms, covenants, or
conditions herein set forth, City shall notify Contractor by certified mail addressed
to the Contractor at the address set forth herein of specific reasons in support of
City's claim that Contractor has breached the terms and provisions of the
Contract. Contractor shall be allowed ten (10) calendar days from the date of
receipt of notice to remedy any failure to perform and provide written
documentation of such remedy. Should the Contractor fail to remedy issues
related to the breach of said Contract conditions, then a hearing shall be held by
the City. Should City deem failures to be corrected, no hearing shall be held.
Nothing herein waives or impairs City's rights to terminate the Contract pursuant
to law upon a material breach by the Contractor. A notice shall be sent to
Contractor no later than fourteen (14) calendar days before a hearing is
scheduled. The notice shall specify the time and place of the hearing, and shall
include the specific reasons in support of City's claim that Contractor has
breached the terms and provisions of the Contract. Contractor shall be allowed
to be present, and shall be given the full opportunity to present its reasons why
Page 28
Exhibit "A"
the Contract should not be terminated and answer such claims that are set out
against said Contractor. If the City makes a finding that the said Contractor
substantially failed to perform its duties as specified in the Contract, the City may
terminate the Contract. If the City so terminates the Contract, nothing herein
waives Contractor's ability to claim or assert that the City's termination was
wrongful and/or a breach of this Contract in a court of law. The foregoing
notwithstanding, the City reserves the right to all avaifable legal defenses and all
protections and limitations of liability provided by the Texas Tort Claims Act and
the Texas Constitution relative to these parties. Contractor reserves the right to
disagree with the findings of the City.
Nothing herein waives or impairs Contractor's rights to terminate the Contract
pursuant to law upon a materiat breach by the City. Provided, however,
Contractor shall notify City by certified mail addressed to the City at the address
set forth herein of specific reasons in support of Contractor's claim that City has
breached the terms and provisions of this Contract. City shafl be allowed ten
(10) days from the date of receipt of notice to remedy any alteged breach.
Should the City fail to remedy issues related to the alleged breach of said
Contract conditions, then Contractor may terminate. Nothing herein waives
City's ability to claim or assert that Contractor's termination was wrongful and/or
a breach of this Contract.
Section XVIII
Miscellaneous
(A) Compliance with laws: Contractor hereby agrees to comply with all
applicable federal, state, and (ocal laws including the Fair Labor Contract
Act, and rules, regulations orders and decrees of the State of Texas
Department of Health, the Texas Commission on Environmental Quality,
and the United States Environmental Protection Agency or their
successors. Contractor shall indemnify and hold harmless the City, its
officers, representatives, agents, and employees against any claim or
liability arising from or based on the violation of any such laws,
regulations, ordinances, orders, or decrees, whether such violation was by
Contractor, its agents or employees, or any subcontractor or assignee.
Contractor shall not be required to collect or dispose of any oil, sludge,
fecal material or any radioactive, pathological, toxic, acidic or volatile
material, or other hazardous waste or improper waste from any
commercial or residential customer. Should Contractor elect to dispose of
such materials, Contractor shafl receive a fee or charge mutually
acceptable to Contractor and to the party requesting disposal of such
materials. Should Contractor elect to dispose of such materials,
Contractor shall take such steps and precautions as are required by the
applicable laws governing disposal of such material and shall indemnify
the City from any liability arising from such disposal.
Page 29
Exhibit "A"
Contractor shall at all times observe all City ordinances controlling or
limiting those engaged in performing work under this contract; provided,
however, that nothing contained in any ordinance now in effect or
hereafter adopted pertaining to the collection of brush, debris, garbage,
hazardous waste, bulky items, refuse, bundled or boxed items or other
trash shall in any way be construed to affect, change or modify or
otherwise alter the duties, responsibilities and operation of Contractor in
the performance of the terms of this contract. It is the intention hereof that
Contractor be required to perform the terms of this contract regardless of
the effect of interpretation of any municipal ordinance which in any way
relates to brush, debris, garbage, hazardous waste, bulky items, refuse,
bundled or boxed items or trash.
(B) Multiple Originals: This contract is executed in multipfe originals, each of
which shall be deemed for all purposes to be an original, and all of which
are identical.
(C} Paragraph Headings: The paragraph headings contained herein are for
convenience in reference and are not intended to define or limit the scope
of any provision of this contract.
(D) Successors and Assigns: All of the terms, covenants, and agreements
contained herein shall be binding upon and shali inure to the benefit of
successors and assigns of the respective parties hereto.
(E) Notices: Notices by either party to the other party shall be sufficient if sent
by certified mail, postage paid, return receipt required, addressed to the
other party at the addresses designated below each party's signature
hereunder.
(F) Venue and Choice of Law: The parties acknowledge that this Contract is
fully performable in Tarrant County. Should any action, whether rea! or
asserted, at law or in equity, arise out of terms and conditions of this
contract, venue for said action shall be in Tarrant County, Texas and this
Cantract shall be construed under the substantive laws of the State of
Texas excluding its choice of law provisions.
(G) Governmental Powers: It is understood and agreed that by execution of
this contract, the City does not waive or surrender any of its governmental
powers.
(H) Taxes: Contractor shall pay all federal, state and local taxes including
sales tax, social security, worker's compensation, unemployment
insurance and any and all other required taxes which may be chargeable
Page 30
Exhibit "A"
against Contractor for its labor, material, equipment, real estate and any
other items necessary to and in performance of this contract.
(I) Licenses, Permits, and Fees: Contractor agrees to obtain and pay for all
licenses, permits, certificates, inspections and all other fees required by
law or otherwise necessary to perform the services prescribed hereunder.
Contractor shall also pay, at Contractor's own expense, all disposal fees
associated with the collection, removal and disposal of refuse.
(J) Sovereign Immunity: Nothing contained within this Contract, including but
not limited to Section X(b) herein, shall be deemed a waiver of City's
sovereign immunity.
(K) Performance Bond: Contractor agrees that upon the executian of this
Contract and before beginning work, it shall make, execute and deliver to
the City a gaod and sufficient surety bond in a form furnished by the City,
to secure the faithful performance of the terms and conditions herein.
Such bond shall be in the amount of Two Hundred and Fifty Thousand
Dollars ($250,000.00), and signed by the president or general officer of
Contractor, together with the signature of the corporate secretary and the
corporate seal. The surety shall be a surety company duly authorized to
do business in the State of Texas, and approved by the City.
(M) Construction: The parties acknowledge that they are each represented by
counsel and have had sufficient opportunity to review this Contract.
Therefore, the parties agree that nothing in this Contract will be construed
against the drafter.
(N) City Emergency Contact: The City agrees to provide Contractor with the
name and phone number of the employee Contractor should contact after
hours should an emergency arise.
(O) City Enforcement: To the extent authorized by law, City agrees to use its
best efforts to ensure that Commercial and Industrial customers utilize
Contractor's services.
(P) Additional Provisions: If taxes or fees are imposed upon Contractor after
the date of this Contract by a governmental entity or agency directly
attributable to Contractor's handling or disposition of refuse or waste as
required by the Cvntract, then Contractor may request to recover those
additional taxes or fees during the term of this Contract in accordance with
Section V(b) herein.
(Q) Written Communication: All demands, notices or other 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
Page 31
Exhibit "A"
States Postal Service, postage prepaid, registered or certified, return
receipt requested, addressed to the parties as follows:
CITY:
City Manager
c/c Budget & Administrative Services Manager
City of Colleyville
100 Main Street
Colleyville Texas 76034
With a copy to:
Matthew C. G. Boyle
BOYLE & LOWRY, L.L.P.
4201 Wingren, Suite 108
Irving, Texas 75062
CONTRACTOR:
District Manager
IESI TX Corporation
P.O. Box 162479
Ft. Worth, Texas 76161-2479
(R) Govemmental compliance: If, after the date of the Contract, additional
regulations by a governmental entity or agency resu{t in extra costs to
Contractor in providing the services required herein, the Contractor may
be entitled to recover those costs during the term of this Contract in
accordance with Section V(b) herein.
(S) Force Majeure: Notwithstanding anything herein to the contrary,
Contractor shall not be liable for the failure to perform its duties if such
failure is caused by a catastrophe, riot, war, governmental order or
regulation, fire, Act of God or other similar contingency beyond the
reasonable control of Contractor. Specifically excluding such cause
however shall be work related stoppages and labor strikes.
(T) Modifications: This Contract may not be changed orally, but only by an
Contract in writing signed by the City and Contractor. No act, delay,
omission, course of dealing between the parties will be a waiver of any
rights or remedies under this Contract. Any waiver of any right, remedy or
requirement under the terms of 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.
Page 32
Exhibit "A"
IN WITNESS HEREOF, the contracting parties, by our dul uthorized
agents, hereby affix our signatures and seals on this ~day of
, 2007.
~„n.w,y~, PATSY DELORIS BARTLETT
,~~ Notary PubNc, State otTexas
tiAy Commission Expirea
'~~~ ~aa3-2oos
IESI TX Corporation
P.O. Box 162479
Ft. Worth, Texas 76161-2479
By:
Name: hn G stafson s~ ~ 7
Title: Vi Pr sident egion an ger
City of Colleyville, Texas COlleyville City COUt1Cll
100 Main Street
Colleyvil(e, Texas 76034 MAY 1 5 2007
..r---- Approved
By:
Name: Bill Lindley -s' il=zoo~
Title: City Manager
Page 33
Exhibit "A"
VERIFICATI4N
STATE OF TEXAS §
§
COUNTY OF TARRANT §
~- 6 ~uR'E_ nME, the undersigned Notary Public, on this day personally
t~ ~I:+st~t~1~.. , wha being by me duly sworn upon his oath
deposed and said that he is the Q fQ ~ q'1~ of
~~~ ~~ Cor p. ; that he is authorized to make this affi avit on
behalf of I 5) 7'tC CO~~. ; that he has read the above and foregoing
Contract, and that every material statement contained herein is true and correct,
to the best of his knowledge and belief.
SUBSCRIBED AND SWORN TO BEFORE ME this ~`1" day of
~~ , 2007.
{t~US ~~~~"
NOTA PUBLlC, in and for the
State of Texas
~.~.. .
~~,nYPU&,~ PATSY DELORIS BARTLEf i i
~~ ~ Notary Public, State of Texas ~
My Commission Expires
~"~~~"~ 10-03-2009
Page 35
Exhibit "A"
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, the undersigned Notary Public, on this day personally
~,;~ ,~.:vcz!/ , who being by me duly sworn upon his oath
deposed nd sai that he is the C. '~ ~~ ~-~' of
~/ . T ; that he is authorized to m ke this affidavit on
b If of ~;4, ~~' ~ s/PL~; ~Le~ ; that he has read the above and foregoing
Contract, a that every erial statement contained herein is true and correct,
to the best of his knowledge and belief.
SUBSCRIBED AND SWORN TO BEFORE ME this ~'=' day of
, 2007.
f CY'Mhia S~eton ~' ~av
; NotaryPub~~c,Sta~sotTsxas ~ N ARY PUBLIC, in and r e
Mf- Cornmission Expins:
~ ~2, 2ot~ te of Texas
Page 34
EXHIBIT "A"
RATE SHEET
CONTRACT FOR RESIDENTIAL AND
COMMERCIAL REFUSE COLLECTION
Between
The City of Colleyville and IES1 Corporation
RESIDENTIAL RATES
Residential Curbside - 2 times per week
Residential Recycling - 1 time per week
Total Residential $10.05 (per month)
Commercial Hand Load - 2 times per
week $19.85 (per month)
(4 bag limit per coilection)
COMMERCIAL FRONT LOAD RATES
Frequency of Collection
Size 1x
week 2x
week 3x
week 4x
week 5x
week 6x
week
Extra
2 YD $50.00 $79.00 $107.00 $137.00 $164.00 $193.00 $25.00
3 YD $63.00 $103.00 $146.00 $187.00 $230.00 $271.00 $30.00
4 YD $76.00 $126.00 $177.00 $225.00 $276.00 $326.00 $35.00
6 YD $116.00 $168.00 $234.00 $3~1.00 $368.00 $435_00 $40.00
8 YD $131.00 $214.00 $298.00 $381.00 $464.00 $549.00 $45.00
Page 36
EXHIBIT "A"
RATE SHEET, page 2
Miscellaneous Commercial Charges
Containers with casters
Locks or Gates
$8.50 (per month)
$7.85 (per month)
ROLL OFF RATES
SIZE HAUL DELIVERY RENTAL
PER DAY DISPOSAL DRY-RUNS
20 YD
OPEN $285.00 $75.00 $4.35 $25.00/ton $75.00
30 YD
OPEN $285.00 $75.00 $4.35 $25.00/ton $75.00
40 YD
OPEN $295.00 $75.00 $4.35 $25.00/ton $75.00
SIZE HAUL RENTAL WASH-OUT DISPOSAL DEPOSIT
20 YD
COMP $295.00 Ne otiabfe $150.00 $25.00/ton $75.00
30 YD
COMP $295.00 Ne otiable $150.00 $25.00/ton $75.00
35 YD
COMP $295.00 Negotiable $150.00 $25.OO/ton $75.00
40 YD
COMP $295.00 Negotiable $150.00 $25.00/ton $75.00
42 YD ~
COMP $295.00 Ne otiabte $150,00 $25.OO/ton $75.00
Page 37
Exhibit "A"
MISCELLANEOUS RATE SHEET
Coileyville, Texas - Misceilaneous Rate Sheet
IESI Minnis Drive Transfer Station. 4120 Minnis Drive, Haltom City, Texas 76117
(Leased and Operated by IESI TX Corporation)
GATE RATE SCHEDULE
(effective September 1, 200?)
Trash Disposal- IESI Minnis Drive Transfer Station
Vehicle Size Colteyville Residents
Must Show Proof of Residence, Valid
Drivers License Required
Automobiles, Station Wagons, Pickups (with no sideboards) $42.OO/each
Pickups or Automobiles with Trailers attached, Less Than 8
Feet in Length (with no sideboards on pick-up or traiter) $35.OO/ton $50.00 Minimum
Pickup and Trailers, Less Than 8 Feet in Length with After
Market Sideboards Attached to Truck or Trailer $35.00/ton $50.00 Minimum
Pickups or Automobiles with Trailers Attached, Greater Than
8 Feet in Length $35.OO/ton $50.00 Minimum
Semi-trailers, Dump Trucks and Trucks Larger Than Pickups Posted Gate Rate
Special Item Disposat - IESI Fort Worth C8~D Landfill
Tarp Charge for Improperly Tarped Vehicles - State
Requlation $25.QONehicle __
Automobile / Pickup Tires (NO Rims) $15.OO/each - Limit of 4
Truck Tires (NO Rims
$30.OO/each - Limit of 4
Special Handling Charge (rootballs, etc.) $5.00 per load
Page 38
Exhibit "A"
Brush Processing - IESI Fort Worth C&D Landfill
Grass 8~ Leaves only (Customer to de-bag on site) $15.00 per load
Colleyville Residents $7.65/cy $52.00 Minimum _
THE FOLLOWING WASTES ARE PROHIBITED FROM DISPOSAL AT THE IESI MINNIS TRANSFER STATION
Lead Acid Batteries, Used Oil Filters, Tires, Liquids, Pesticides, CFC, PCB, Regulated Hazardous Waste
Note: Disposal rates set forth above apply to Colleyville residential customers only; schedule is not
applicable for commercial contractors.
Special Collection Charges
Brush Bundles pick-up exceeding the contracted
four (4) bundleslpickup. $2.50 per bundle
Per Cubic Yard of Bulky Waste charge exceeding
the four (4) cubic yard maximum (length x width x height / 27) $9.00 per cubic yard,_$48.00_minimum
Page 39
Exhibit "A"
PERFORMANCE BOND
Page 40
Exhibit "A"
SURVEY QUESTION
The following question will be used in the Citizen's Survey regarding Trash and
Recycling Colfection Services:
"Since the new contractor began service in August 2007 has your experience
with trash and recycling collection been excellent, good, fair ar poor"?
Page 41
Exhibit "B"
AMENDMENT AND EXTENSION AGREEMENT
This Amendment and Extension Agreement (the "Amendment") is entered into
this day of , 2011 t o be effective as of November l,
2011 (the `Bffective Date") by and between IESI TX Corporation (the
"Contractor") and the City of Colleyville, Texas, a municipal corporation in
Tarrant County (the "City").
RECITALS:
WHEREAS, the City and the Contractor entered into a Contract for
Refuse Services for Residential, Recycling and Commercial Refuse Collection
dated as of May 24, 2007 (the "Contract");
WHEREA5, the Contract was to terminate on August 31, 2012; and
WHEREAS, the City and the Contractor mutually desire to amend and
extend the Contract as further described herein.
AGREEMENT:
NOW, THEREFORE, and in consideration of the premises and such
other lawful consideration, the receipt and sufficiency of which each of the parties
hereto acknowledge, the parties agree as follows:
1. Exclusive Contract. The last sentence of Section I of the Contract is hereby
deleted in its entirety and replaced as follows:
"City also hereby grants to Contractor a license to use the public streets,
alleys, easements and thoroughfares within the limits of the City for the
purpose of collection and disposa( of garbage, brush, bulky items, bundled,
bagged or boxed bundled items, and other refuse for a period of six years
beginning November l, 2011, a nd terminating October 3l, 201 7, with an
option to renew for an additional five year period beginning on November 1,
2017 and terminating on October 31, 2022, subject to the limitations, terms,
and conditions hereinafter specified and contained in the Contract, more
particularly in Section X(C) hereof."
2. Definitions. The following definitions from Section III of the Contract are
hereby amended as follows:
A. Section III(A) of the Contract is hereby deleted in its entirety and
replaced as follows:
"Anniversarv Date - November 1."
Page 1 of 5
Exhibit "B"
B. Section III(F) of the Contract is hereby deleted in its entirety and replaced
as follows:
"Rec~g Cart - A wheeled receptacle with sixty-five gallons of
capacity constructed of plastic or fiberglass and utilized for the collection
of recyclable materials."
3. Fees and Rates. The following paragraphs of Section V of the Contract are
hereby amended as follows:
A. The second paragraph of Section V of the Contract is hereby deleted in its
entirety and replaced as follows:
"Billing Rate: T he rates to be charged by Contractor for refuse and
recyclable material collection through October 31, 2012, will be those set
forth in the Exhibit "C", the Rate Sheet, as modified from time to time as
set forth and incorporated herein for all purposes. T hese rates will be
binding and considered part of the Contract and may be modified by
' Resolution as approved by the City."
B. The third paragraph of Section V of the Contract is hereby deleted in its
entirety and replaced as follows:
"(A) Modification of Bi(ling Rate at Contractor's Reyuest: The rates
shown in Exhibit "C" for Residential Premises shall remain in
effect until at least October 31, 201 4, so long as the CPI
Component is an increase in the CPI, as detertnined according to
Section V(1)(a) of the Contract, for the twelve-month periods
ending on J une 30, 2 012 and/or June 30, 2013 (each, an
"Adjustment Period") and such increase is equal to or below 2.5%
(`Base Percentage") during such Adjustment Period. If the CPI
Component during an Adjustment Period is an increase in the CPI
and is larger than the Base Percentage, then the Contractor shall be
entitled to increase the residential rates in an amount equal to the
difference between the CP[ Component during such Adjustment
Period and the Base Percentage. Such rate increase shall be
effective for the Contract Year that immediately follows such
Adjustment Period. For the purpose of this Contract a"Contract
Year" shall begin on November 1 and end on October 31 each
year. B eginning on N ovember 1, 2014 a nd on e ach Anniversary
Date thereafter, the rates may be adjusted as provided herein, so
long as the Contractor provides the City with written notice of its
intent to adjust the rates no later than ninety (90) days prior to the
Anniversary Date. T he rates shown in Exhibit "C" for
Commercial Premises shall remain in effect until at least October
31, 2012. B eginning on N ovember 1, 20 12 and on e ach
Page 2 of 5
Exhibit "B"
Anniversary Date thereafter, the rates may be adjusted as provided
herein, so long as the Contractor provides the City with written
notice of its intent to adjust the rates no later than ninety (90) days
prior to the Anniversary Date. Except as otherwise specifically
provided, said rate adjustments are subject to the approval of the
City pursuant to Sections V.(A)(1)(c) and V.(A)2. hereof."
C. Section V(A)(1) of the Contract is hereby amended by replacing "August"
with "October".
4. Curbside Rec c~l'tng. The following paragraphs from Section VII(B) of the
Contract are hereby amended as follows:
A. The last sentence of Section VII(B)(2) of the Contract is hereby deleted in
its entirety.
B. Section VII(B)(3) of the Contract is hereby deleted in its entirety and
replaced as follows:
"Any Addit'tonal Recycling Cart utilized by such Residential Premise shall
be charged according to the Rates set forth in Exhibit "C"."
C. Section VII(B)(4) of the Contract is hereby deleted in its entirety and
replaced as follows:
"Contractor shall repair or replace Recycling Carts that are damaged by
the Contractor during its operations at no cost to the Residential Premise.
Additionally, Contractor will replace at no c ost one (1) stolen Recycling
Cart per Residential Premise, so long as the Residential Premise provides
the Contractor with a valid police report for the stolen Recycling Cart. All
other replacement Recycling Carts shall be charged to the Residential
Premise at the rate set forth in Exhibit "C"."
D. Section VII(B)(5) of the Contract is hereby deleted in its entirety and
replaced as follows:
"Contractor shall only be responsible for the collection of recyclable
materials that are placed within the Recycling Cart by such Residential
Premise."
E. The following is hereby added to the Contract as Section VII(B)(9):
"For any contract quarter in which the Contractor collects an Aggregate
Monthly Average as defined herein, of recyclable materials in excess of
sixty-five (65) pounds for each Residential Premise located within the City
(the "Recyclable Base Average"), the Contractor shall submit a rebate
Page 3 of 5
Exhibit "B"
payment to the City equal to $25.00 p er ton of recyclable materials
collected by the Contractor in excess of the Recyclable Base Average
during such contract quarter (the "Rebate"). The term "Aggregate
Monthly Average" as used in this Contract shall mean the aggregate
monthly average of recyclable materials collected by the Contractor from
each Residential Premise located in the City during the three (3) month
period of any contract quarter. The Rebate payment shall be calculated in
accordance with the formula below and then submitted to the City by the
Contractor within thirty (30) days of the close of the contract quarter for
which such rebate was determined. The City shall not be entitled to any
Rebate payment for any contract quarter in which the Aggregate Monthly
Average of recyclable materials collected by the Contractor was equal to
or less than sixty-five (65) pounds per Residential Premise within the City.
For the purpose of this contract the beginning dates for the contract
quarters shall be November 1, February 1, May 1 and August 1.
Rebate =
jAeereeate Monthlv Averaee oer Residential Premise - ftecvclable Base Averaee) X 3(months in a auarterl X IN o£ Residential Premises) X$25.00
2,000 (pounds in a ton)
Example:
Assume that the Service Provider collected an average of 69 pounds of recyclable
materials in February, 70 pounds of recyclable materials in March and 71 pounds of
recyclable materials in April from each Residential Premise in the City, for an Aggregate
Monthly Average of 70 pounds of recyclable materials collected per Residential Premise
in the City for the contract quarter beginning on February 1 and ending on April 30.
Assuming that there are 8,000 Residential Premises located within the City. The Rebate
due to the City by May 30 would be calculated as follows:
(70-6~) X 3 X 8,000 X$25.00
2,000
Total Rebate payment due to the City by May 30, for the contract quarter beginning February I
and ending April 30 = $1,500.00"
5. Review of Performance. Section X(C) of the Contract is hereby deleted in its
entirety and replaced as follows:
"The term of this Contract shall be for a period of six (6) years, commencing
on November 1, 2011 and concluding on October 31, 2017. At the expiration
of this Contract, the Contract shall extend for a period of five (5) years;
provided, that neither party provides the other party with written notice of its
intent to terminate this Contract at least 180 days prior the expiration date of
this Contract. If either party provides such notice, this Contract will cease to
be renewed and will terminate at the end of this six (6) year Contract."
Page 4 of 5
Exhibit "B"
6. Rate Sheet. The Rate Sheet marked as Exhibit "A" and attached to the
Contract is hereby deleted in its entirety and replaced with the Rate Sheet
marked Exhibit "C" and attached hereto.
7. Reaffirmation. The parties hereby reaffirm their agreement with all the terms
and provisions of the Contract, as amended by this Amendment.
8. Entire Agreement. The Contract together with this Amendment represents the
entire agreement among the parties with respect to the matters that are the
subject hereof.
9. Counterparts: Facsimile Si nag tures. The Amendment may be executed in
counterparts, each of which shall be deemed an original, but all of which shall
collectively constitute one and the same instrument representing this
Amendment between the parties hereto, and it shall not be necessary for the
proof of this Amendment that any party produce or account for more than one
such counterpart. Facsimile signatures shall be given the same force and effect
as original signatures and shall be treated for all purposes and intents as
original signatures.
IN WITNESS WHEREOF, the undersigned have executed this
Amendment as of the date first written above.
CITY OF COLLEYVILLE, TEXAS
100 Main Street
Colleyville, TX 76034
By:
Natt
Titlf
IESI TX CORPORATION
4001 Old Denton Road
Haltom City, TX 76l 17
By:
o n Gusta son, Vic residen
Coileyville City Council
SEP fl 6 2011
Approved
Page 5 of 5
Exhibit "C"
' ~ IESI TX CORPORATION
~
I'~ 4001 Old Denton Rd, Haltom City, Texas 76117
Contact: Bob Kneis; District Manager
~" Phone: (817) 222-2221
City of COLLEYVILLE
RATE SHEET
Effective:f 1/ 1I2011
RESIDENTIAL CURBSIDE COLLECTION: $9.60 per month, per residential premise
CURBSIDE RECYCLING - 65 Gallon Cart: 53.76 per month, per residential premise
Additional Cart: 53.00 per month, per additional cart
Replacement Cart: 360.00 per cart
COMMERCIAL HAND COLLECT: 1X per week (includes 96 gallon cart)
$24.40 2X per week (includes 96 gallon cart),
per month, per commerclal premise
MONTHLY COMMERCIAL RATE SCHEDULE
CONTAINER Lifts Per Week (Charge Per Additlonal
SIZE
~ 57.79 91.29 123.65 158.32 189.52 223.04 28.88
. . 72.53 119.02 168.72 216.10 265.79 313.17 34.66
• 87.83 145.61 204.55 260.01 318.96 376.74 40.44
. . 134.06 194.15 270.41 347.84 425.27 502.69 46.22
. . 151.39 247.31 344.38 440.29 536.21 634.44 52.00
MONTHLY FRANT LOAD COMPACTOR RATES ICharae Per Additional Liftl
. . 215.50 431.01 646.51 862.02 1,077.52 1,293.02 68.05
~ 272.23 544.42 816.64 1,088.85 1,361.08 1,633.28 79.41
Monthly Front ~oad Compactor Rental: 6 yd- 3177.24 8 ytl- 5z05.58
Containers w/ Casters S 9•$Z per month
Containers w/ Locks or Gates S 9.07 per month
ROLL OFF RATE SCHEDULE
CONTAINER ROLL OFF OPEN TOPS
SIZE • • • ~ - • • ~ -
~ . . 329.36 86.67 5.02 $28.S8perton 85.78
~ ~ . 329.36 86.67 5.02 $28.88perton 85.78
~~ . . 329.36 86.67 5.02 $28.88 per ton 85.78
CONTAINER
SIZE
~ . . 340.91
Negotiable •
173.33 ^ • •
$28.88perton ~ -
85.78
I . • 340.91 Ne otiable 173.33 $28.88 per ton 85.78
~ . 340.91 Negotiable 173.33 $28.88 per ton 85.78
~~ . 340.91 Ne otiable 173.33 $28.88 per ton 85.78
. . 340.91 Negotiable 173.33 $28.88perton 85.78
Franchise and Billin Fees:
Residential: 8.0 %
Commercial: 8.0 %
` All rates are inclusive of all franchise and billing fees