Item 4F - City of Southlake - CWD Executed AgreementPUBLIC WORKS SIGNATURE FORM
This form must accompany any document sent to the for signature. The document must be
reviewed and initialed by the Department Director.
Document Title: Item 9D Community Waste Disposal Contract
Project Name: Item 9D Community Waste Disposal Contract
Project Manager: llaneave@ci.southlake.tx.us
City Council Date: 08/01/23
Type of Document: Professional Services Agreement
Approval Requirements: Mayor
Internal Preferred Method of Return: Receive email with executed digital copies
,---Rob Cohen
Please return signed hard copy to PWA if
needed to be filed by CSO we request a
digital copy be sent to PWA Admin
Questions: Denise Hernandez @ ext. 8098
ORIGINAL DOCUMENT
CITY OF SOUTI!LAKE
Council Aetion~'N
CONTRACT FOR RESIDENTIAL AND Ord./Res. No. ~
COMMERCIAL WASTE AND RECYCLING COLLBlaTd~proved %/
1
1 r2 :
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
The CITY OF SOUTHLAKE, a municipal corporation located in Tarrant County, Texas,
hereafter called "City", acting by and through its duly authorized City Manager, and
Community Waste Disposal, LP, acting by and through its duly authorized officer,
hereinafter called "Contractor", do hereby covenant and agree as follows:
I.
City hereby grants to Contractor a non-exclusive contract and franchise to engage in the
business of (a) collecting and disposing of Acceptable Waste including, but not limited to,
Residential Waste, Commercial Waste, Industrial Waste, Construction Debris, and City
Waste located within the corporate limits of the City which is generated by residential,
commercial, industrial, multi-family and City properties, and (b) collecting and processing
Recyclables and Construction Debris within the corporate limits of the City, which is
generated from commercial 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 collection, disposal and processing of Acceptable Waste including, but
not limited to, Residential Waste, Commercial Waste, Industrial Waste, Construction
Debris, and City Waste for a period of five years beginning October 1, 2023 and
terminating September 30, 2028 with an option to renew for an additional five year period
upon mutual agreement of the parties hereto and subject to the limitations, terms, and
conditions hereinafter specified and contained in this Contract.
II.
In addition to this Contract, the contract documents shall include the following documents,
and this contract does hereby expressly incorporate the following Exhibits herein as fully
as if set forth verbatim in this contract:
(a) the Rate Sheet,
(b) the Annual Cost Adjustment Model
(c) the Performance Bond,
(d) Survey Question
(e) Required Reports and Frequency
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(f) Household Hazardous Waste and Electronic Waste Acceptable Materials
List
(g) City Facilities
Contractor shall comply with all provisions of the contract documents, and no amendment
to this Contract shall be made except upon the written consent of the parties, which
consent shall not be unreasonably withheld. No amendment shall be construed to release
either party from any obligation of the contract documents except as specifically provided
in such amendment.
This Contract is entered into subject to the following conditions:
(a) The Contractor shall procure and keep in full 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.
(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.
Ill. Definitions
Wherever used herein, the hereinafter listed terms shall have the following meanings:
(a) Acceptable Brush: Tree trimmings that are bundled in lengths no more
than four feet (4'),no more than fifty (50) pounds in weight and no single limb greater than
six (6) inches in diameter
(b) Acceptable Waste -Any non-hazardous Garbage, Trash, Debris, Brush,
Bulky Waste, Dead Animals, Stable Matter, Yard Waste, Recyclable Materials, and other
waste which the Contractor is legally permitted to accept for collection and delivery for
disposal or processing pursuant to the terms of this agreement including, but not limited
to Commercial Waste, Industrial Waste, Residential Waste and City Waste, but excluding
Unacceptable Waste.
(c) Agreement or Contract: The contractual agreement 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.
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(d) Appliances: Dishwashers, microwave ovens, stoves, washing machines,
dryers, refrigerators, freezers, water heaters and air condition units (up to a 5-ton capacity
unit). Appliances containing Freon shall bear a certification tag stating that the refrigerant
was properly removed and disposed of by a certified technician.
(e) Backdoor Service: All handicapped or disabled customers who have
provided verification to the Contractor from a physician as to their inability to carry
containers to the curbside may place containers at their front doorstep to be visible from
the street or at another location equally convenience to customer as may be determined
by the Contractor. Contractor cannot enter or be responsible for entering garages or
behind enclosed fences. The contractor shall have the ability to be compensated for
Handicap Service in accordance with the rates listed in Exhibit A. Backdoor Service
applies to Solid Waste Collection and Recycling only. Contractor may make adjustments
to this program with prior City approval. Bulky Waste and Bundled Brush Collection will
occur at regular collection area at the resident's curb.
(f) Brush: Cuttings or trimmings from trees, shrubs or similar materials which
are not susceptible to placement in disposable containers.
(g) Bulky Waste: Acceptable Brush, discarded furniture, Appliances, wooden
fence panels (panels need to be cut in half and shall not exceed four (4) feet in length),
small amounts of discarded construction materials not to exceed the equivalent of two 35
gallon sized plastic bags or corrugated boxes, and other Acceptable Waste materials as
may be agreed upon by City and Contractor, but excluding Unacceptable Waste. The
term Bulky Waste does not include unbundled brush, stable matter, Debris, floor tiles,
roofing materials or other materials too heavy to be placed in Bags.
(h) Bundle: Tree, shrub, and brush trimmings securely tied together, forming
an easily handled package that does not exceed the dimension or weight of acceptable
brush.
(i) City: The City of Southlake.
0) City Waste: All Acceptable Waste and Recyclable Materials generated at
City owned facility. The term City Waste does not include Special Waste, waste resulting
from public works operations, including debris and waste water sludge.
(k) Commercial Recycling Container: Metal containers supplied by Contractor
affording capacity for Recyclable Materials to service a customer so as to prevent
spillage, unsightly and unsanitary conditions.
(1) Commercial Waste: All bulky waste, construction debris, garbage, rubbish,
and stable matter generated by a customer at a commercial premise.
(m) Commercial Premise: All premises, locations or entities, public or private,
requiring waste collection within the corporate limits of the City, not a residential premise.
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(n) Commercial Hand Collection: A commercial premises that generates no
more than one (1) cubic yard of waste materials per week.
(o) Construction Debris: Waste building materials resulting from construction,
remodeling, repair, or demolition operations.
(p)
capacity to
conditions.
Container, Commercial: Metal containers supplied by Contractor affording
service a customer so as to prevent spillage. unsightly and unsanitary
(q) Container, Residential: A receptacle with a capacity of at least eighteen
(18) gallons. but no greater than thirty-nine (39) gallons; constructed of plastic. metal, or
fiberglass; and having handles of adequate strength for lifting. Containers larger than
thirty-nine (39) gallons may be used if contents are bagged for easy handling. 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.
(r) Contract Documents: The Rate Sheet (Including Alternatives, if any), the
Annual Cost Adjustment Model, the Performance Bond, Survey Question, Required
Reports and Frequency, Household Hazardous Waste and Electronic Waste Acceptable
Materials List, and City Facilities, and this Contract.
(s) Contractor: Community Waste Disposal of Texas, LP.
(t) Customer: A residential user, commercial hand collection user, and/or
commercial user who generates waste materials.
(u) Dead Animals: Animals or portions thereof equal to or less than ten (10)
pounds in weight.
(v) Debris: Dirt, rock, concrete, bricks or other waste building materials.
(u) Disposal Site: See Landfill (Sanitary).
(w) Garbage: Solid Waste consisting of putrescible animal and vegetable waste
materials resulting from the handling, preparation, cooking, and consumption of food,
including waste materials from markets, storage facilities, and the handling and sale of
produce and other food products.
(x) Hazardous Waste: Solid wastes regulated as hazardous under the
Resource Conservation and Recovery Act, 42, U.S.C.A., Section 1002, et seq., or
regulated as toxic under the Toxic Substance Control Act, 15 U.S.C.A., Section 2601, et
seq., and regulations promulgated hereunder or other applicable Federal or State Law
concerning the regulation of hazardous or toxic wastes.
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(y) Industrial Waste: Any Acceptable Waste resulting from or incidental to any
process of industry or manufacturing, mining or agricultural operations. The term
"Industrial Waste" shall include Class I Industrial Solid Waste, Class II Industrial Solid
Waste and Class Ill Industrial Solid Waste (as defined under Title 30, Part I, Chapter 330,
Subchapter A, Rule 330.2 of the Texas Administrative Code), but shall exclude
Unacceptable Waste.
(z) Landfill: A MSW-Type I facility defined by 30 TAC§ 330.5.
(aa) 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.
(bb) Producer: An occupant of a residential premise or commercial premise
who generates waste or recycling materials.
(cc) 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, catalogs, copy paper, office paper, plastic
containers (#1, #2, and #5 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.
(dd) Recycling Cart: -A ninety-five (95), or sixty-five (65) gallon plastic wheeled
container, to be used for the storage and placement of Recyclable Materials at a
Residential or Commercial Premise.
(ee) 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 either water or domestic light and
power services are being supplied thereto. A condominium dwelling, whether of single or
multi-level construction, consisting of four (4) units shall be treated as a residential
premise and shall be billed separately as a residential premise.
(ff) Residential Waste: All Acceptable Waste excluding Debris, Stable Matter
and Brush that is not prepared in accordance with the term Bundle, that is placed in a
Residential Container, or Bulky Waste generated or produced on the premises and
discarded by a Producer at a Residential Premise.
(gg) 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; noncombustible rubbish includes glass, crockery, tin cans, aluminum
cans, metal furniture, and like materials which will not burn at ordinary incinerator
temperatures (1600 degrees Fahrenheit to 1800 degrees Fahrenheit.)
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(hh) Special Waste:
330.3(148).
Any waste defined as Special Waste by 30 TAC §
(ii) Solid Waste: All non-hazardous and non-special (see Special Waste
definition) solid waste material, including unwanted or discarded waste material in a solid
or semi-solid waste, including, but not limited to: garbage, trash, ashes, rubbish, yard
waste (including brush, tree trimmings, Christmas trees), discarded appliances, 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.
Uj) Stable Matter: All manure and other waste matter normally accumulated in
or about a stable; or any animal, livestock, or poultry enclosure; and resulting from the
keeping of animals, poultry, or livestock.
(kk) Trash: All Solid Waste (as defined in the Municipal Solid Waste
Management Regulations of the Texas Department of Health) other than Garbage, Debris
and Brush.
(11) Unacceptable Waste: Any and all waste that Contractor is not authorized to
accept for collection and delivery for disposal pursuant to its permits and licenses,
including, without limitation, highly flammable substances, Hazardous Waste, certain
pathological an biological wastes, explosives, radioactive materials and any other
materials deemed by federal, state or local law, or in the reasonable direction of
Contractor, to dangerous or threatening to health or the environment or Contractor's
operations.
(mm) Yard Waste: Leaves, yard and garden debris, and brush, including clean
woody vegetative material, which results from landscaping maintenance and land
clearing operations. The term does not include grass clippings, stumps, roots, or
shrubs with intact root balls.
IV. Contract Services
Contractor hereby covenants and agrees to diligently and faithfully perform the public
service and work of collecting and disposing or processing of all Acceptable Waste and
Recyclable Materials of residential and commercial units to which it provides service, as
provided herein, within the City. The services to be performed by Contractor are
described more particularly in the contract documents. These services shall include the
furnishing of all labor, tools, vehicles, equipment, materials, landfills, insurance,
performance bonds, supervision and all other items necessary to the performance of such
work and shall be carried out in the manner, at the times, and in the locations and at the
prices specified in the contract documents, and shall be subject to inspection and
approval of the City Manager or the City Manager's designee.
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V. Fees and Rates
(a) Rates: The rates to be charged by Contractor for Acceptable Waste and
Recyclable Materials collection through September 30, 2028, will be those set forth in
Exhibit "A", the "Rates" as modified from lime to time as set forth herein and incorporated
herein for all purposes. These rates will be binding and considered part of this contract.
(b) Modification of Rates: Contractor shall be allowed to adjust the Rates
beginning on October 1, 2024, and annually thereafter by "The Annual Cost Adjustment
Model" as set forth in Exhibit B. Contractor shall submit to City by August 1st each year
the adjusted Rates based on the Annual Cost Adjustment Model. The City and Contractor
hereby acknowledge and agree that any annual increase in the Rates exceeding 3% shall
be subject to the approval of the majority vote of the City Council. Any rate increase of
8% or more from the previous year is to be considered an Extraordinary Increase and
shall be governed by the paragraph below.
In addition, an additional extraordinary increase ("Extraordinary Increase") may be
requested by Contractor. An Extraordinary Increase must be for fees or expenses not
already accounted for in the Annual Increase, and may only be requested when a future
extraordinary fee, expense, law, or, regulation makes the provision of the services by
Contractor called for by this Contract not economically feasible for Contractor. In support
of any Extraordinary Increase, Contractor shall furnish evidence as to the need for the
Extraordinary Increase to the City Manager, or designee. For any Extraordinary Increase
in the Rates, if the City Manager agrees with the increase proposed by Contractor, then
the City Manager will recommend acceptance of the Extraordinary Increase to the City
Council for its approval, disapproval, or modification. If the City Manager does not agree
with the Extraordinary Increase, Contractor and the City Manager, or designee, will
attempt in good faith, including non-binding mediation, to agree to an amount of the
Extraordinary Increase that the City Manager will recommend to the City Council. If an
agreement is reached, City Manager will recommend the agreed upon Extraordinary
Increase to the City Council for its approval, disapproval, or modification. If no agreement
can be reached, the City Manager will submit Contractor's proposed Extraordinary
Increase to the City Council for its approval, disapproval, or modification. The parties
agree to negotiate in good faith regarding any Extraordinary Increase.
(c) Franchise Fee: For and in consideration of the City granting Contractor a
franchise within the city limits for commercial and residential Acceptable Waste and
Recyclable Materials collection, Contractor hereby agrees to pay the City a ten percent
(10%) franchise fee on all commercial and residential collections, calculated pursuant to
the following two paragraphs.
(d) Residential Billing: The City is hereby designated as the billing and
collection agent for the residential collection services provided herein. The City will retain
ten percent (10%) of the amount collected each month as payment of the portion of the
franchise fee due and owing on residential billings. The City agrees to provide Contractor
with a computer printout establishing the amount of the residential billings by the City
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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.
(e) Commercial Billing: Contractor shall be responsible for billing and
collection of funds for commercial collection services. Contractor agrees to 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 total dollar
amount per account serviced by Contractor each month and the total dollar amount
collected each month, said information and the ten percent (10%) 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. Contractor shall be allowed
to assess administrative fees for delinquent payments and reinstatement of service for
commercial customers whose service was interrupted for non-payment. Such fees shall
be as stated on Exhibit A, the Rate Sheet.
(f) Audit: Either Contractor or the City may request an audit of all account
records by the City's independent audit firm then engaged by the City 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 dollars or more to a 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.
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 an average age of eight (8) years, with no truck
exceeding eleven (11) years of age. 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 Contractor's collection
equipment such as spillage and broken curbs or sidewalks 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
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to protect Southlake streets and not make sudden braking stops that will damage street
surfaces.
(c) All motor vehicles used in performance of the obligations herein created
shall be clearly marked with the Contractor's name, unit number, legible 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 without prior City approval. All collection
equipment shall be maintained in a safe, and efficient working condition throughout the
term of the Contract. Such vehicles shall be maintained through a regular preventative
maintenance program and washed and painted as often as necessary to preserve and
present a well-kept appearance. Vehicles are to be washed on the inside a minimum of
once a month and disinfected if requested by the City. Contractor shall be permitted to
utilize rental vehicles for the first 18 months of the initial contract term, pending the arrival
of vehicles and equipment. A clearly affixed sign should be affixed to rental vehicles to
inform the residents that these vehicles are being utilized by the Contractor.
{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, contractor will notify the City prior to beginning routes for that day. The
Contractor shall furnish the City a list of all equipment to be used fulfilling the Contract
and shall update that list as equipment changes and as may be requested by the City.
(e) The City may inspect Contractor's vehicles during business hours to ensure
compliance of equipment with Contract or require an equipment replacement schedule to
be submitted to City.
{f} Contractor will dispose of in a legal manner, all Acceptable Waste, and other
waste materials collected.
(g) Contractor agrees to establish daily routes and special schedules for the
collection of Acceptable Waste other waste materials as necessary to fulfill the
requirements of this contract. Further, Contractor will utilize written or electronic route
books for use in the collection of Acceptable Waste from all customers. A copy of each
route book currently in use by Contractor will be provided to the City and updated when
changed so that City shall at all times have full knowledge of the designated route to be
followed by Contractor. The City shall approve all routes. 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 that telephones be answered from 8:00 A.M. to 5:00 P.M., Monday through
Friday; and 8:00 A.M. to 2:00 P.M. on Saturday, excluding Holidays defined herein in
Section Vl(m), for the purpose of handling complaints and other calls regarding
Acceptable Waste and/or recyclable collection service. During these hours, a mechanical
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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 also maintain a local office, with competent
personnel in the office during the time the office is required to be open to
the public. 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
electronic 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) Throughout the term of this Contract, Contractor shall 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.
U) Contractor shall assign one supervisory level employee to oversee
Contractor's operations in the City and who will remain in the City the majority of the time
residential service is being provided in the City. Contractor agrees that if the supervisory
level employee normally assigned to the City will be offsite longer than one day,
Contractor will assign a substitute supervisory employee who will have the same
responsibilities as the regularly assigned supervisory employee. At all times while offsite
the supervisor assigned to the City will be available to respond within two hours to issues
that may arise. The City Manager or 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.
(k) Contractor shall 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 perform 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 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 shall perform driving record checks of all drivers working within the City with
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said checks to be updated every twelve (12) months or as frequently as required by
Department of Transportation Regulations. Contractor shall remove any driver with an
unsafe driving record from working within the City.
(I) Contractor shall provide evidence indicating that it has the right to use a
landfill 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 Acceptable Waste
collected in the City. As between the City and the Contractor, once waste is picked up
by the Contractor, all Acceptable Waste 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
agreement 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:
Labor Day, Fourth of July, Thanksgiving, Christmas Day and New Year's Day. Contractor
may decide to observe any or all of the above-mentioned holidays by suspension of
collection services for the holiday, but 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 any holiday observed by Contractor. The City and Contractor will work together to
determine the most appropriate method of said notification.
(n) Contractor agrees to provide a citizens drop-off convenience center at a
Local Transfer Station, located at 2010 California Crossing Road, Dallas, TX 75220.
Each resident will have dumping privileges at this site Monday through Friday, 8:00am -
4:00pm and Saturday 8:00am -12:00pm, where residents will be permitted to dispose of
up to six (6) cubic yards of residentially generated. Acceptable Waste free of charge once
per month upon presentation of their most current water bill and a valid driver's license.
(o) The parties agree that notwithstanding anything to the contrary in the
Contract, Contractor shall have no obligation to collect Unacceptable Waste. Title to and
liability for such Unacceptable waste shall at no time pass to Contractor.
VII. Contractor's Collection Duties and Responsibilities
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(a) Residential Collection.
(1) The Contractor shall provide curbside or backdoor collection service
for Residential Waste (including Acceptable Brush) on a four-day schedule
with all residential customers receiving service twice per week on either a
Monday/Thursday or Tuesday/Friday schedule. Contractor shall collect all
Residential Waste, (with the exception of Brush and Bulky Waste, which is
provided for below), placed in authorized containers (plastic bags or
residential 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 PM.
(2) Contractor shall provide curbside collection of Bulky Waste during
the regular residential collection frequency at a rate of up to two (2) cubic
yards per resident per collection provided that same are prepared according
to specifications provided herein. There shall be no limit to the amount of
Bundled Acceptable Brush that may be collected per collection.
(i) In addition, Contractor shall collect up to twelve (12) cubic
yards annually of brush, rubbish and trees, which are not contained
in garbage containers or are not placed for collection in a bundle or
a boxed bundle for each residential customer on an on-call basis for
no additional cost. Residents requesting such service shall have the
option of utilizing their annual twelve cubic yard allotment in one
service collection, or may opt to utilize the allotment for up to three
separate collections of four (4) cubic yards per collection.
(ii) Thereafter, at customer's request, rubbish, brush, and trees
that are not contained in garbage containers or are not prepared and
placed for collection in a bundle or a boxed bundle shall be collected
and disposed of by Contractor on the same on-call basis for a special
fee set forth in the Miscellaneous Rate Sheet. Contractor shall bill
customer directly for this fee and is responsible for collection of
same.
(3) Contractor shall make collections with a minimum of noise and
disturbance to the householder. This work shall be done in a sanitary
manner. Any Solid Waste spilled by Contractor shall be picked up
immediately by the Contractor's employees.
(b) Curbside Recycling
(1) Recyclable commodities for each residential premise shall be
serviced once per week on one of the customers two designated waste
collection days.
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(2) Contractor shall deliver at no charge, a Recycle Cart to new residents
moving into a Residential Unit of the City where there is no existing
Recycling Cart located on the premises within five business days of
notification. City's designated agent will approve and specify the wording
and/or graphic composition of any labels to be applied to the Recycling
Carts. Contractor shall be responsible for the ongoing maintenance of the
Recycling Carts. Residential Customers shall contact Contractor to request
a repair or replacement of damaged, lost or stolen Recycling Carts.
Contractor shall repair or replace the damaged, lost or stolen Recycling
Carts within five Business Days after receiving such notification from the
Residential Customer. Residential Customers shall not be responsible for
damages resulting from Contractor's negligence or manufacturer-related
defects. Contractor and City's designated agent shall work in good faith to
allocate responsibility for excessive Recycling Cart damage or replacement.
Charges for the repair or replacement of Recycling Carts due to excessive
occurrences by a resident shall be as determined by the Contractor and
agreeable to the City. Contractor shall be responsible for billing and
collection of such charges. Used Carts must be cleaned prior to reentry into
the system and delivery to customers. Damaged Carts shall be removed at
the same time a replacement Cart is delivered.
Contractor shall not, during the term of this agreement or any renewal term
hereafter, install, imbed or utilize Radio Frequency Identification "RFID"
chips or similar technology, nor utilize RFID or similar technology in the
servicing, replacement or addition of Recycling Carts required under this
Contract.
(3) Residents may elect to utilize more than one Recycle Cart for the
collection of Recyclable Materials, however, there shall be an additional
monthly fee for each Recycle Cart in addition to the initial Recycle Cart
provided by Contractor. Such fee shall be as stated in Exhibit A, the rate
Sheet attached hereto, which may be adjusted annually in accordance with
Section V-b, contained herein.
(4) Contractor shall also provide the City a recycling report detailing volume
collected and participation rate on a monthly basis. The participation rate
will be estimated by Contractor based on the weight of recyclable materials
collected.
(5) The following materials shall be included in the recycling program:
• Office Paper
• Newsprint
• Magazines and Catalogs
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• Aluminum Beverage Cans
• Steel/Tin Cans
• Glass -Clear, Brown, and Green
• HDPE & PET Plastic Bottles #1, #2 and #5, Household
Paper Products to include junk mail, envelopes, cereal
boxes, cardboard, chipboard, and telephone books
(6) The Contractor shall be responsible for transporting the 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. Contractor shall be responsible for processing and
marketing of all residential Recyclable Materials collected pursuant to this
Agreement. Recyclable Materials shall comply with any and all
specifications provided by Contractor in order to meet quality thresholds for
commodity markets and contamination levels. To the extent any type of
Recyclable Material received within the City limits is rejected by the
recycling facility or is not of the intended quality or grade, Contractor will
notify the City and shall deliver the contaminated load to the Contractor's
landfill. If market conditions develop that limit or inhibit Contractor from
selling some or all of the Recyclable Materials, Contractor shall notify the
City, and agrees to negotiate in good faith with the City changes to this
agreement that may include; (i) disposal of Recyclable Materials at the
Contractor's landfill, (ii) temporary suspension of the Recycling Services,
or (iii) discontinued collection of Recyclable Materials. Changes to recycling
services or collection schedules shall occur only after City and Contractor
have negotiated new terms to this agreement, and sufficient lime has been
provided for the City to properly communicate the changes to its residents.
(7) Contractor shall provide the City a report on a monthly basis detailing
the commodity value by material type and processing rate of the City's
recyclable materials. Recyclable materials price report should include, but
not be limited to; Old Corrugated Cartons ("OCC"), Mixed paper products,
plastic containers, glass bottles and jars, steel and tin cans, aluminum
cans, aseptic packaging (wax coated milk and juice cartons).
(8) If Contractor's employees determine that the recyclable materials set
out by the resident are unacceptable due to the inappropriateness of the
materials, Contractor will leave the inappropriate materials in the bin. A
sticker shall be attached to the bin explaining 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.
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(c) Commercial and Industrial Collections.
(1) Commercial Container Specifications: Contractor agrees to make
commercial containers for storage of Commercial Waste, Construction
Debris, 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-family
residences. The commercial containers provided by Contractor shall be (i)
equipped with suitable covers to prevent blowing or scattering of Solid
Waste 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 equipment.
(2) Commercial Recycling
(a) Contractor agrees to make commercial containers for storage
of Recyclable materials for each commercial premise available upon
request of the owner or occupant of any premises (at such owner's
or occupant's expense) within the corporate limits of the City,
excluding single family and two-family residences. Said containers
will be a minimum of two cubic yards and be equipped with lids for
protection of paper materials during weather.
(b) Contractor agrees to provide Recycle Cart recycling services
to commercial customers in the City who do not have the space to
place a recycle dumpster, or who produces a small amount or
recyclable materials each week, provided that such customer's
location(s) are acceptable and agreeable between Contractor and
the City. The rate for such recycling services is set forth in Exhibit A.
(c) Contractor shall collect the recyclable materials at the location
and frequency to be mutually agreed upon by Contractor and the
commercial customer, provided, however, recycling service shall be
at least once per week to maintain the premises free of accumulation
of waste.
(d) Contractor shall provide the City a recycling report detailing
commercial volume collected.
(e) Acceptable Materials shall include for front-load recycling
shall include cardboard only. Businesses may opt-in for a 95-gallon
cart to include Newspaper, office paper, plastic containers, and
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aluminum containers. Contractor has the right to add or remove
materials from the accepted list of materials due to market factors.
(f) The Contractor shall be responsible for transporting the
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 recyclable materials collected pursuant to the
Contract.
(g) If Contractor's employees determine that the recyclable
materials set out by the customer are unacceptable due to the
inappropriateness of the materials, Contractor will leave the
inappropriate materials in the container. Contractor shall notify the
customer explaining 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.
(h) Contractor agrees to assist commercial customers in
obtaining LEED's certification regarding the recovery and disposition
of construction debris on construction projects.
(3) Frequency of Commercial Front Load Collections: Contractor
agrees that the frequency of collections shall be as is mutually agreed upon
by Contractor and the commercial customer, provided, however, collection
service shall be at least once per week to maintain the premises free of
accumulation of waste.
Contractor shall notify City if the size and number of commercial containers
and frequency of pickup at a commercial site are insufficient to avoid an
unsightly accumulation of Solid Waste or fire hazards or an accumulation of
flies, rodents, scavengers and unnecessary odors.
(4) Frequency of Commercial Roll Off Collections: Contractor
agrees that the frequency of collection shall be as is mutually agreed upon
by Contractor and the Commercial Roll Off customer, provided, however,
that Contractor shall notify City if collection service are not scheduled so as
to maintain the premises free of accumulation of Acceptable Waste or fire
hazards or an accumulation of flies, rodents, scavengers and unnecessary
odors.
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(d) City Collections.
(1) The Contractor shall make, at no charge to the City, the collection,
transportation, and disposal of Acceptable Waste accumulated by the City
at City owned, operated, or other City designated sites up to ten thousand
front load container service yards and ninety-five(95) 30-yard roll off loads
of waste per year ("Annual Limits"). City will provide a list of such sites to
Contractor upon execution of this Agreement and thereafter may be
updated from time to time. 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 Exhibit "A"
attached hereto. 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
collection 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 Landfill as directed by the City.
(2) The Contractor shall also provide, at no charge to the City, recyclable
materials collection services at City buildings as listed on Exhibit G. The list
of City buildings receiving such service may change from time to time upon
mutual agreement between the City and the Contractor.
The recyclable collection service shall consist of up to one time per week
collection of recyclable materials. Acceptable materials shall include:
Newspaper, office paper, cardboard, plastic containers, and aluminum
containers. The City shall place the recyclable materials for collection at a
location adjacent to the City building(s) agreed to by the parties. The
recyclable materials placed for collection shall be contained in a
Commercial Container with a capacity of 6 or 8 cubic yards, collection cart
or special color plastic bag (blue bag). The Contractor shall transport the
collected recyclable materials to a material recovery facility for processing.
(e) Special Collections
(1) Christmas Tree Recycling. The Contractor will be required to
provide containers for the City's annual Christmas tree recycling program
at a City designated location once annually. Said mulching will be
conducted by the second weekend in January each year. The city may
market and advertise that residents can dispose of Christmas Trees at a
designated site up to the second weekend in January. At that time, the site
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will be shut down and the Contractor will mulch all trees. The City will
determine the use of the mulch created from the trees.
(2) Storm Debris Management Program. In the event of a major
storm, as characterized by property damage in the City, such as downed
trees on public or private property, and as determined by the City Manager
and agreed to by Contractor, 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 in accordance with the rates listed in Exhibit A. City
and Contractor agree to negotiate in good faith any deviation to rates and
services listed in Exhibit A
(3) Household Hazardous Waste (HHW) and Electronics Waste (E-
Waste) Collection -Contractor shall offer residential monthly door-side
pickup of Household Hazardous Waste and Electronics Waste on an on-
call basis, at a frequency of no more than once per month per household.
Contractor shall deliver the necessary collection bags for HHW and E-
Waste materials directly to the resident via mail or other courier service.
Collection shall be limited to acceptable HHW and E-Waste items listed in
Exhibit F of this agreement.
(4) Annual Leaf Collection and Recycling Program -The Contractor
will provide for no additional cost, annual collection of bagged leaves on six
(6) Wednesdays during the months of November, December, and January.
The specific days of collection will be as mutually agreed upon by the City
and the Contractor.
Residents will need to have their leaves bagged and placed at the curb no
later than 7:00 am on the designated collection day. Contractor will collect
the bagged leaves and transport them to the approved disposal site for
debagging and processing, which will then be integrated into soil
amendment materials.
In order to avoid collection errors, bagged leaves must be set at a curb
location clearly distinguishable from solid waste. Residents should place
bagged leaves at the curb physically separated from the location where
regular solid waste is set for collection.
(5) Removal of Litter and Illegal Dumping on City Property -The
City will occasionally have litter or debris illegally dumped on City property
such as greenbelts, parks, medians, or rights of way. The Contractor shall
pick up and dispose of such materials as requested by the City, at a rate of
up to two hundred (200) hours annually. Hours requested by the City
beyond this allocation shall be billed to the City at a mutually agreed upon
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rate. The City will be responsible for notifying Contractor, and Contractor
will have up to two (2) business days to complete the task.
VIII. Spillage
(a) Contractor shall not be responsible for scattered waste unless the same has
been caused by its acts or those of any of its employees, in which case, all scattered
waste shall be cleaned up immediately by the Contractor. A fork, push broom, and a
scoop-type shovel shall be maintained on each truck for cleanup activity. The Contractor
shall, if necessary, hand clean all spillage 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 notification 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 waste 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
contain such waste. Spillage or excess waste shall be picked up by Contractor after the
customer reloads 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 collection of the customer's waste, or require the customer to
utilize a commercial container with a larger capacity, and Contractor shall be
compensated for such additional services.
IX. Exclusions
(a) Waste services for Southlake roll-off containers for temporary
Construction Debris for are open market and such services are not included in this
Agreement.
X. Non-Collection and Complaints
(a) All service complaints shall initially be directed to Contractor. In most cases,
Contractor will resolve complaints to the complainant's satisfaction within 24 hours of
receipt of the complaint, excluding Sundays and Holidays defined in Section Vl(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
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receipt of the complaint and seek to resolve the complaint to the complainant's
satisfaction within 36 hours of receipt of the complaint, excluding Sundays and Holidays
defined in Section Vl(m). If the Contractor is unable to resolve a complaint within 36
hours, Contractor will notify City and provide documentation to the City's satisfaction
explaining the reasons the complaint cannot be satisfied within 36 hours. On a daily
basis, Contractor shall supply the City with copies of all complaints on a form approved
by the City or in an electronic format agreeable between City and Contractor 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 a monthly
report in an electronic format agreeable between City and Contractor indicating the
disposition of each complaint. The form shall indicate the day and hour on which the
complaint was received and resolved.
(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 dealing with the Basic Service
Components, the City Manager shall be responsible for deciding any disputes between
the City, Contractor, and/or the customer as to the validity of the customer's complaint.
Basic Service Components include the Contractor's duties to collect a customer's waste
as required herein, to clean up spillage as required herein, and to exchange or replace a
commercial or residential customer's container or bin as required herein. The decision of
the City Manager on such matters shall be final and all parties agree to abide by said
decision; provided, however, that when Contractor challenges any complaint or failure to
perform under this contract, the City Manager may, in her 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 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 Acceptable Waste 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 Acceptable Waste and shall notify the City and the
customer that the Acceptable Waste has not been removed from his premises on the
scheduled collection day and where no notice of non-collection or a change in collection
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schedule has been received from Contractor, the City may investigate. If the City
determines that Contractor has failed to collect Acceptable Waste from the premises
without cause, Contractor shall collect 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 waste collection in any case where
the owner or tenants have animals at large, but Contractor shall immediately notify the
City, in writing, of such condition and of Contractor's inability to make collection.
{h} Contractor may cancel a portion or all of a scheduled service day due to
hazardous weather conditions, and shall notify the City Manager or her designee of such
cancellation as soon as the decision to cancel service has been made.
XI. Term and Review of Performance
(a) The initial term of this Contract will be for five years commencing October
1, 2023, and terminating September 30, 2028. Near the end of the five year period, the
City Council will undertake a review of the performance of the Contractor based upon
performance and quality measures outlined in Section XI I of the Contract. If the City
Council finds the performance of Contractor to be acceptable, the parties may agree to
renew this Agreement under the same terms and conditions for an additional five year
period, terminating September 30, 2023.
(b) City and Contractor agree that any time during the terms of this
Amendment, the City may make a written request to enter into negotiations with
Contractor to consider any alternative collection model ("ACM"). An ACM is any
fundamental change in waste collections services, such as a change in the allowed
residential collection containers or a change in the frequency of waste pickup by
Contractor. Once City has made such a request, City staff and Contractor agree they will
promptly enter into good faith negotiations as to the proposed ACM and any contract
terms thereto. If the City and the Contractor agree to the terms of a new waste services
contract that incorporates the ACM, the Agreement will terminate in favor of the new
contract. If, however, the City and Contractor are unable to agree to the terms of a new
waste services contract, and notwithstanding anything to the contrary, the City retains the
right to terminate the Agreement. Any such termination will be effective 180 days after
receipt of the written termination is received by Contractor. This termination option is only
applicable as provided in this Paragraph.
(c) In the event either party desires to not extend this Contract as provided in
subsection (a) above, the party desiring not to extend the Contract will notify the other
party of its intent not to renew the Contract within one hundred eighty days (180) of the
expiration of the then current contract term.
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XII. Performance Measures and Penalties
In evaluating Contractor's performance pursuant to Sections Xl(a) and (c) above,
the City will determine whether the Contractor has met the following performance
measures:
(a) Customer Complaints: In accordance with Section X(a) of this Contract,
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 36 hours to resolve, ninety percent
(90%) of the time
(b) 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 questions 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 85%, excluding those who answer "no
experience," or "no comment" of the responses to the Survey will rank
Contractor as Excellent or Very Good. 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
must 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 ii properly reflects the City's population.
(c) Collection of Acceptable Waste: Contractor shall not fail to collect
acceptable waste within thirty-six business hours after learning of the failure
to collect acceptable waste more than ten (10) times in any twelve-month
period.
(d) 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.
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(e) Spillage: Contractor shall not have failed to pick up scattered Acceptable
Waste or spillage in accordance with Article VIII more than three times in
any twelve-month period.
(f) Noncompliance: Contractor shall have no events of Noncompliance as
outlined in Article XVI of this Contract.
(g) Timeliness of Collection. Contractor shall have received complaints
alleging that collection within 1000 feet of any residence occurred before
7:00 a.m. or after 7:00 p.m. on no more than two occasions annually.
(h) 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.
(i) Recycling Education. Contractor will provide at least one public recycling
education session explaining the benefits of recycling.
U) Reporting & Notifications
(i) Required Reporting to the City -the following reports or
notifications to the City's Agreement administrator with a minimum of
the information identified below. If not established by an outside
authority, report formats will be mutually agreed to by Contractor and
the City. All information provided in the reports becomes the property
of the City. The City shall have the right to use the data for whatever
purposes it deems appropriate. Reports and frequency shall be
outlined in Exhibit E.
(ii) Types of Reports and Due Dates -All daily reports are due at
the beginning of the next workday no later than 7:00AM with updated
information from the previous business day's activities. Monthly
Reports shall be submitted no later than the 15th of the following
month during the term of the Contract. Quarterly Reports must be
submitted no later than:
o First Quarter Report -April 30 th
o Second Quarter Report -July 31 st
o Third Quarter Report -October 3 pt
o Fourth Quarter Report -January 31 st
Annual Reports must be submitted no later than October 21 of the
next contract year.
(k) Performance Penalties. Unless otherwise specified below, this subsection
shall be effective April 1, 2024. In the event Contractor shall fail to perform
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any of the obligations set forth below, then, in addition to any and all of the
remedies set forth in this Agreement, Contractor agrees to pay the City the
following Performance Penalties:
(i) Multiple Missed Collections -$150.00 for each missed
collection at a single address following the second documented
missed collection having occurred at the same address within a
ninety (90) day period.
(ii) Hydraulic Spills -Failure to clean up any Contractor vehicle
hydraulic leakage within twenty-four (24) hours of notice to
Contractor -$150.00. Contractor will make every effort to
immediately address any vehicle hydraulic leakage; however,
additional time is sometimes required for a cleanup crew to travel
and properly complete the work required. Performance Penalties do
not apply if a resident causes the spillage or leakage due to disposing
of unacceptable items or liquid including engine oil, hydraulic oil,
cooking oil, chemicals, paint, solvents, stains, or gasoline. The
Contractor will clean up the spill and invoice the City upon written
request.
(iii) Material Spillage -The Contractor will make reasonable effort to
clean up any spilled refuse or recycling that occurs during the act of
collection due to driver or equipment related reasons. Contractor
shall pay the City the $50.00 for each instance that spilled refuse or
recycling is not cleaned up within 24-hours of notice given to the
Contractor.
(iv) Failure to complete 98% of scheduled Collections on a given day
-$150.00. This Performance Penalty will not apply if 99% of routes
within a quarter (90 days) are completed prior to 7:00 pm and the
Contractor notifies the City on the same day an issue occurs and
completes the scheduled collections on the following business day.
(v) Noise Violations -The Performance Penalty is effective October
1, 2023 -$500 per separate occurrence -applies when the
Contractor is servicing a commercial front load location that is within
1,000 feet of a residential unit and the City or CWD receives a noise
complaint regarding service occurring before 7:00 a.m. Provided the
Contractor has not received approval from the City to do so.
(vi) Repeated Noise Violation -The Performance Penalty is effective
October 1, 2023 -$1,000 for each noise violation at a single
commercial location when the first documented noise violation
having occurred at the same commercial location within a ninety (90)
day period. Provided the Contractor has not received approval from
the City to do so.
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Any and all performance penalties must be reported to the Contractor in
writing within twenty-four (24) business hours. Contractor shall not be
deemed liable for Performance Penalties where the Contractor's inability to
perform Collection service or other activities is the result of an event of
Force Majeure as set forth in this Agreement. Performance Penalties are
not cumulative and will not be double charged.
The City may invoice the Contractor for Performance Penalties, but will not
deduct charges or penalties from the Contractor's invoice. Performance
Penalties shall not exceed $23,000 in a contract year.
XIII. 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 shall not apply between the City and Contractor, or
any of Contractor's agents, servants, employees or subcontractor's 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 Council 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 may inspect Contractor's
operations, equipment and performance at any reasonable time and Contractor shall
furnish the City Manager with every reasonable opportunity to inspect Contractor's
operations or equipment or for otherwise ascertaining whether or not the work is being
performed in accordance with the requirements of this contract.
XIV. Indemnification
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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 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 DISPOSAL OF SOLID WASTE
UNDER THIS CONTRACT, SAVE AND EXCEPT FOR THE LOSS OR INJURY DUE TO
CITY'S 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.
XV. 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, with an A.M. Best rating
of A-VIII or higher, 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 self-funded,
ERISA, or self-insurance plans:
TYPE AMOUNT
(a) Worker's Compensation or Statutory
statutory equivalent and $100,000/500,000/100,000
Emolover's Liabilitv
TYPE AMOUNT
{b) Commercial General (Public) Combined single limit for bodily injury
Liability insurance including and property damage in the amount of
coverage for the following: $2,000,000 per occurrence or its
a. Premises Operations equivalent.
b. Independent Contractors
C. Products/Completed
Operations
d. Personal Injury
e. Advertising Injury
f. Contractual Liabilitv
Page 26 of 51
TYPE AMOUNT
(c) Comprehensive Automobile Combined single limit for bodily injury
insurance, including coverage for and property damage in the amount of
loading and unloading hazards, $5,000,000 per accident or its equivalent.
for:
a. Owned/Leased Vehicles
b. Non-owned Vehicles
C. Hired Vehicles
The insurance coverage specified above constitutes the minimum requirements and said
requirements shall in no way lessen or limit the liability or responsibility of Contractor
under the terms of this contract.
(d) Certificates of Insurance: Upon execution of this Agreement, and
annually thereafter, Contractor agrees to provide certificates of insurance evidencing that
Contractor has obtained insurance of the type and in the amount required herein.
Contractor further agrees to provide thirty (30) days' notice to the City for cancellation,
non-renewal, or material change in coverage and ten (10) days' notice for cancellation,
non-renewal or material change in workers' compensation coverage. In the event of such
notice, Contractor agrees to promptly provide Certificates of Insurance evidencing that
the Contractor has obtained insurance of the type and in the amount required herein.
(e) Additional Policy Endorsements: The City shall be entitled, upon
request, and without expense, to receive copies of endorsements to the policies. The
City may review the Policy limits every three years, 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.
(f) 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 Southlake 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 for general &
auto liability policies;
(3) The Contractor agrees to waive subrogation against the City and its officers,
employees, and elected representatives for injuries including: death, property
Page 27 of 51
damage, or any other loss to the extent same may be covered by the proceeds of
insurance except for cases involving 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 to include such obligations within applicable
policies;
(5) For coverages 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
minimum of three (3) years which shall begin at the end of the warranty period;
and
(g) Notices: The Contractor shall notify the City in the event of any material
change in coverage and shall give such notices in writing no less than thirty (30) days
prior to the change. The notice must be accompanied by a replacement Certificate of
Insurance.
XVI. Noncompliance
In the event Contractor shall fail to perform any of the material provisions (a
"Material Breach) of this Contract, City shall promptly 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 No/100
Dollars ($5000.00) 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 XVI 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) day period
would the Liquidated Damages times three (3).
Page 28 of 51
XVIII. 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 seven
(7) 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.
A notice shall be sent to Contractor no later than five (5) 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 the Contract should not be terminated and
answer such claims that are set out against said Contractor. If the City Council makes a
finding that the said Contractor substantially failed to perform its duties as specified in the
Contract, the City Council may terminate the Contract. If the City Council 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. Further,
Contractor reserves the right to disagree with the findings of the City Council.
Nothing herein waives or impairs Contractor's rights to terminate the Contract pursuant
to law upon a material 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 shall be allowed ten (10) days from the date of receipt of notice to remedy
any alleged 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.
XIX. Miscellaneous
(a) Compliance with laws. Contractor hereby agrees to comply with all
applicable federal, state, and local laws including the Fair Labor Standards Act, and rules,
regulations orders and decrees of the Texas Department of Health, the Texas Natural
Resource Conservation Commission, 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
Page 29 of 51
hazardous waste or improper waste from any commercial or residential customer. Should
Contractor elect to dispose of such materials, Contractor shall 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.
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 Acceptable Waste 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 Acceptable Waste or other trash.
(b) Multiple Originals: This contract is executed in multiple 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 shall 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 and Denton Counties. Should any action, whether real 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 Contract 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 against Contractor for its labor, material,
equipment, real estate and any other items necessary to and in performance of this
contract.
Page 30 of 51
(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 Acceptable Waste.
G) Sovereign Immunity: Nothing contained within this Contract,
including but not limited to Section Xl(b) herein, shall be deemed a waiver of City's
sovereign immunity.
(k) Performance Bond: Contractor agrees that upon the execution of this
Contract and before beginning work, ii shall make, execute and deliver to the City a good
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
Seven Hundred and Fifty Thousand Dollars ($750,000.00), 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.
(I) Promotional and Public Relations Activities: The Contractor shall invest
Six Thousand Dollars ($6,000.00) annually for Solid Waste and recycling marketing
materials for residential and commercial purposes. The scope and subject of these
marketing materials should be mutually decided by City and Contractor at the beginning
of City's fiscal year (October 1 ). Such payment by Contractor shall be submitted to the
City by June 1st each year. These amounts will cover design, printing, and distribution of
said materials. All marketing materials must be approved by the City. Contractor further
agrees to select various ways to participate in the Southlake community in a philanthropic
manner.
(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.
During a natural disaster, or homeland security event, there may be a need
for the City of Southlake to access your business for products or services
after normal business hours and/or holidays. The City may request City
employee pick up or vendor delivery of product or services.
For this purpose, a primary and secondary emergency contact name and
phone number are required. It is critical the vendor's emergency contact
information remains current. City shall be contacted by E-mail with any
Page 31 of 51
change to a contact name or phone number of these emergency contacts.
Updates may be emailed to vendors@ci.southlake.tx.us.
All products or services requested during an emergency event are to be
supplied as per the established contract prices, terms and conditions. The
vendor shall provide the fee (pricing) for an after-hours emergency opening
of the business, if any. In general, orders will be placed using a City of
Southlake procurement card (Master Card) or City issued Purchase Order.
The billing is to include the emergency opening fee, if applicable.
The contractor shall provide the names, phone numbers and fee (pricing),
if any, for an after-hours emergency opening of the business listed below.
Business Name:
Community Waste Disposal
Contract#:
08012023
Description:
Commercial and Residential Waste Disposal
Primary Contact
(Name): Jason Roemer -Vice President
Primary Contact Phone Numbers: Home: ________ _
Cell: 214.418.5017
Secondary Contact
(Name): Greg Roemer -President
Secondary Contact Phone Numbers: Home: _______ _
Cell: 972.333.6101
After Hours emergency opening fee, if applicable:
$ not applicable
(p) 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.
( q) Additional Provisions: If taxes or fees are imposed upon Contractor after
the date of this Agreement by a governmental entity or agency directly attributable to
Contractor's handling or disposition of Acceptable Waste or other waste materials as
required by this Agreement, then Contractor may request to recover those additional
taxes or fees during the term of this Contract in accordance with Section V(b) herein.
Page 32 of 51
(r) Certifications: Contractor hereby certifies that the Contractor does not and
will not boycott Israel during the term of the Agreement in accordance with Chapter 2270,
Texas Government Code. Contractor hereby certifies that the Contractor is not included
on the website of the Texas Comptroller for entities doing business with foreign terrorist
organizations pursuant to Chapter 2252, Texas Government Code. Contractor hereby
certifies that the Contractor does not and will not boycott energy companies during the
term of the Agreement in accordance with Chapter 2274, Texas Government Code.
Contractor hereby certifies that the Contractor does not have and will not engage in a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association during the term of the Agreement in accordance with Chapter 2274,
Texas Government Code.
(r) If, after the date of this Agreement, additional regulations by a governmental
entity or agency result 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.
Page 33 of 51
IN WITNESS HEREOF, the contracting parties, by our duly authorized agents, hereby
affix our signatures and seals on this_\_ day of 'A1Aj\Al'1023.
Community Waste Disposal, LP
2010 California Crossing Road
Dallas, TX 75220
By: ~ /2__,.-
Name: Jason Roemer
Title: Vice President
City of Southlake, Texas
1400 Main Street
Suite 460
Southlake, Texas 76092
By:_~-"'-----~----~--
.Johfl I luffman, Mayor fro--re,,,.-
c5M..u--l\...~ IC l l 1
ATTEST:
Page 34 of 51
STATE OF TEXAS
COUNTY OF DQl \{}.,~
§
§
VERIFICATION
§
BEFQRE ME, the undersigned Notary Public, on this day personally
::5'.:.J.oo U...oe,rv,,e,,r , who being by me duly sworn upon his oath deposed and
saidthatheisthe v,,e Pre,t.!Mt ofw,,,.,,.,,;~r "'"~ OiJfO)"'I, l..l';that
he is authorized to make this affidavit on behalf of &,,..,.,14,.o'f:t IJ,.11-e O,spo,~I lf, 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.
f\ SUBSCRIBED AND nugus+ , 2023.
LAURA PINEO.I.
Notary ID #1 l 1071560
My Commission Expires
April 3, 2025
SWORN TO BEFORE ME this
NOTARY PUBLIC, in and for the
State of Texas
Page 35 of 51
day of
STATE OF TEXAS
COUNTY OF-::@yvQt V\t
§
§
§
BEFORE ME, the undersigned Notary Public, on this day personally
'.)\otAIAV\ '{V\tClJ\.&\'\\\ , who being by me duly sworn upon hi!j_oath c;l,eposed and
said that he is the '{V)O..~'OV ~VD °'.(kV) of (\ ot fu\A."IIA l.?t f-l.-; that
he is authorized to makthis affidavit on behalf of o Sow 40:hat he
has read the above and foregoing Contract, and that eve aterial statement contained
herein is true and correct, to the best of his knowledge and belief.
SUBSCRIBED AND SWORN TO BEFORE ME this o,,µ3 v\.'S, ,\-' 2023.
TIFFANY COOPER
My Notary ID# 134137307
EJCplres January 10, 2027
Page 36 of 51
l • day of
EXHIBIT "A"
RATE SHEET
City of Southlake Solid Waste Collection and Recycling Services
For the period ot
October 01 2023 to September 30 2024 , ,
City of Southlake Solid Waste Collection and Recycling October 2023 Customer
Services Rate
Residential Collection -Base Services
Solid Waste -twice per week service -up to 10 containers per collection
Bulky Waste -twice per week service -up to 2 cubic yards per collection
Tied & Bundled Brush -twice per week service -unlimited per collection $13.98
Loose Brush -once per month (call in)-up to 12 cubic yards per year
Industrial Cart Washing Service -one per year (call in)
Residential 95 Gallon Recycling Cart ( once per week service) $4.40
Additional 95 Gallon Recycling Cart (once per week service) $3.52
Door Side Household Hazardous Waste & Used Electronics Collection $0.80
Residential Collection -Optional Services
Residential Approved Backdoor Collection (2xWeek) $19.48 if applicable -home per month
Excess Residential Brush/Bulk Rate per Yard (chargeable to resident) $16.50
Replacement Carts $85.00
Page 37 of 51
EXHIBIT "A"
RATE SHEET
City of Southlake Solid Waste Collection and Recycling Services
For the period ot
October 01, 2023 to September 30, 2024
City of Southlake Solid Waste Collection and Recycling October 2023 Customer
Services Rate
Disaster Management Rates
Roll off Truck and Container (per 30yd haul) • $438.32
Rate per Hour -Grapple Truck • $260.00
Rate per Hour -Rear Loader with Crew • $260.00
• Disposal (per ton) $59.76
Commercial Hand Collect Trash Service
Commercial 95 Gallon Trash (twice per week service) $33.96
Price for Each Additional Trash Cart (twice per week service) $23.77
Commercial Cart Recycle Service
First 95 Gallon Recycle Cart (once a week service) $8.77
Price for Each Additional Recycle Cart (once a week service) $6.14
Front Load Commercial Trash Container Services
2 Cubic Yard Container
One time per week $86.71
Two times per week $137.25
Three times per week $187.79
Four times per week $238.38
Five times per week $286.50
Six times per week $337.10
Seven times per week $612.66
3 Cubic Yard Container
One time per week $108.33
Two times per week $180.59
Three times per week $255.21
Four times per week $327.45
Page 38 of 51
·.
EXHIBIT "A"
RATE SHEET
City of Southlake Solid Waste Collection and Recycling Services
For the period ot
October 01, 2023 to September 30, 2024
City of Southlake Solid Waste Collection and Recycling October 2023 Customer
Services Rate
Front Load Commercial Trash Container Services (cont.}
Five times per week $402.11
Six times per week $474.34
Seven times per week $737.11
4 Cubic Yard Container
One time per week $132.41
Two times per week $219.11
Three ti mes per week $309.27
Four times per week $394.88
Five times per week $483.98
Six times per week $570.67
Seven times per week $1,033.04 .
6 Cubic Yard Container
One time per week $202.25
Two times per week $293.76
Three times per week $409.29
Four times per week $527.31
Five times per week $645.29
Six times per week $760.87
Seven times per week $1,033.04
8 Cubic Yard Container
One time per week $228.76
Two times per week $375.63
Three times per week $522.50
Four times per week $666.95
Five times per week $813.86
Six times per week $960.70
Seven times per week $1,240.92
Page 39 of 51
r
..
EXHIBIT "A"
RATE SHEET
City of Southlake Solid Waste Collection and Recycling Services
For the period at
October 01, 2023 to September 30, 2024
City of Southlake Solid Waste Collection and Recycling October 2023 Customer
Services Rate
Front Load Commercial Trash Container Services (cont.)
Extra Pick ups (or refilled and emptied while on site -non-
comoacted\
2 cu. Yd. Containers $98.66
3 cu. Yd. Containers $104.65
4 cu. Yd. Containers $113.67
6 cu. Yd. Containers $137.49
8 cu. yd. Containers $164.42
Front Load Commercial Cardboard Recycle Container Services
6 Cubic Yard Container
One time per week $182.02
Two times per week $264.39
Three times per week $368.36
Four times per week $474.57
Five times per week $580.77
Six times per week
8 Cubic Yard Container
One time per week $205.88
Two times per week $338.06
Three times per week $470.25
Four times per week $600.26
Five times per week $732.47
Six times per week
Commercial Special Services
Container Inside Four Side Enclosures -Per Pick-Up, Per Container $3.03
Caster -(<4 cu. Yd.) Per Pick-up, Per Container $3.03
Locks -Per Pick Up, Per Container $3.03
Container Swap Charge -Per Container $53.90
Page 40 of 51
EXHIBIT "A"
RATE SHEET
City of Southlake Solid Waste Collection and Recycling Services
For the period ot
October 01, 2023 to September 30, 2024
City of Southlake Solid Waste Collection and Recycling October 2023 Customer
Services Rate
Open Top Roll Off Containers (Perm and Temp)
Delivery -weekday $246.71
Delivery -weekend $246.71
Trip Charge -weekday $246.71
Trip Charge -weekend $246.71
Weekly Rental /temporary accounts) $54.75
Monthly Rental (permanent accounts) $237.05
20 Cubic Yard Per Haul With Disposal -weekday•• + $534.80
20 Cubic Yard Per Haul With Disposal -weekend••+ $606.89
30 Cubic Yard Per Haul With Disposal -weekday •• + $587.41
30 Cubic Yard Per Haul With Disposal -weekend •• + $659.51
40 Cubic Yard Per Haul With Disposal -weekday••+ $692.60
40 Cubic Yard Per Haul With Disposal -weekend••+ $764.70
* Haul Rates Include 6 Tons of Disposal
•• Plus Disposal Per Ton Over 6 Tons $65.74
+ Excess Payload Per Ton if Truck Exceeds 27 tons $164.34
Residential Open Top Roll Off Containers
Delivery, 1 Week Rental & 1 Haul •• + $434.50
(includes 2 tons of disposal)
Additional Hauls -weekday •• + $385.47
Additional Hauls -weekend ** + $412.24
Additional Weeks of Rental per Week (Sunday thru Saturday) $54.75
* Haul Rates Include 2 Tons of Disposal
•• Disposal Over 2 tons up to 4 Tons -per ton $65.74
+ Excess Payload Charge for Loads Over 4 tons -per ton $132.45
Page 41 of 51
EXHIBIT "A"
RATE SHEET
City of Southlake Solid Waste Collection and Recycling Services
For the period at
October 01, 2023 to September 30, 2024
City of Southlake Solid Waste Collection and Recycling October 2023 Customer
Services Rate
City Services
Solid Waste and Recycling Service at:
as needed CWD 95-gallon recycle carts for city recycling services NIC
City front load services N/C
City Roll Off Services NIC 95 -30yd roll off hauls per year
Educational Donation -$6,000 per year NIC
Quarterly Utter Collection -200 CWD manhours per year NIC
* Customer Rate Does Not Include Sales Tax
Page 42 of 51
EXHIBIT "B"
ANNUAL COST ADJUSTMENT MODEL -SOUTHLAKE
All rates charged by Community Waste Disposal ( contractor) will be subject to an
Annual CPI/Fuel/Disposal Cost Adjustment. The first annual adjustment will be effective
twelve (12) months from the contract date, and subsequent adjustments will be made
each year through the term of the contract. The Annual Adjustment will be applicable
to all charges for Trash, Recycling, and other services for both residential and
commercial services as contained in the contract. Rates and fees will be adjusted by
the contractor for the second and subsequent Contract years for the term of the
contract, based on the indices and methodology as described below. If any index
defined herein shall not be determined and published or if any index as it is constituted
on the Contract Date is thereafter substantially changed, there shall be substituted for
such index another index which is determined and published on a basis substantially
similar to the index being replaced as shall be mutually agreed upon by the City and the
Contractor. The percentage breakdown among the three components of the annual
adjustment (CPI, Fuel, Disposal) will vary based on the type of service rendered
(System) and can be found on the System Chart below. Annual Cost Adjustment is not
based on service performance and will not be unreasonably withheld or denied.
CPI (see System Chart for %)
The basis for the CPI component of the annual increase will be the increase in the
"Consumer Price Index -All Urban Consumers", all items (not seasonally adjusted)
less Energy, for the Dallas-Fort Worth, TX Area as published by the U.S. Department
of Labor Bureau of Labor Statistics. The contractor has designated (see System Chari
for amount) % of fees and charges to be adjusted by the CPI index. For the Annual
Cost Adjustment to be effective on the first anniversary of the contract date, the Base
or previous CPI index will be the most recent index published two (2) months prior to
the date of the contract, and the Current CPI Index will be the most recent Index
published two (2) months prior to the current year's contract anniversary date. For
subsequent years the Base CPI will be the previous year's "Current Index Value" and
the Current CPI Index will be the most recently published Index two (2) months prior to
the current year's contract anniversary date.
CNG FUEL (see System Chart for%)
The Fuel portion of the Annual Adjustment will be determined using the increase in the
Henry Hub Natural Gas Spot Price (Dollars per MMBTU) as published by the Energy
Information Administration of the U.S. Department of Energy
(https://www.eia.doe.gov/dnav/ng/hist/rngwhhdm.htm). The contractor has designated
(see System Chari for amount) % of fees and charges to be adjusted by the fuel index.
For the Annual Cost Adjustment to be effective on the first anniversary of the contract
date, the Base or Previous Fuel Index will be the average Henry Hub Natural Gas price
per MMBTU for the most recent three (3) month period ending two (2) months prior to
the date of the contract. The Current Fuel Index will be Henry Hub Natural Gas price
Page43 of 51
per MMBTU for the three (3) month period ending two (2) months prior to the contract
anniversary date. For all subsequent years of the contract the Base or Previous Fuel
Index will be the previous year's "Current Index Value", and the Current Fuel Index will
be the average Henry Hub Natural Gas price per MMBTU for the three month period
ending two (2) months prior to the current years contract anniversary date.
DISPOSAL (see System Chart for%)
The Disposal portion of the Annual Adjustment will be determined using the increase in
the CWD gate rate price for the ARLINGTON Landfill. The contractor has designated
(see System Chart for amount) % of fees and charges to be adjusted by the Disposal
rate changes. For the Annual Cost Adjustment to be effective on the first anniversary
of the contract date, the Base or Previous Disposal Index will be the ARLINGTON
Landfill gate rate effective on the date the CWD bid was submitted. The Current
Disposal Index will be the ARLINGTON Landfill gate rate in effect ten (10) months from
the contract start date. For all subsequent years of the contract the Base or Previous
Index value will be the previous year's "Current Index Value", and the Current Fuel Index
will be the ARLINGTON Landfill gate rate in effect one month prior to the current years
contract anniversary date. In the event that the designated landfill closes or is no longer
available to CWD, a new Landfill Cost per ton will be calculated utilizing the substituted
Landfill's rate per ton, plus any additional costs associated with increased lime in/out of
the new landfill, and increased travel to the new Landfill.
SYSTEM CHART
Front
Load Roll Off Roll Off
Excessive
Trash
CPI
CNGFuel
Disposal
Total
69%
3%
28%
100%
EXAMPLE (Residential Trash)
Contractors Base Fee
Adjustment Indices
Index
Percentage
Trash
58%
4%
38%
100%
Previous
(Base)
Index
Value
Weight
0%
0%
100%
100%
Current
Index
value
Page44 of 51
Residential
Trash Recycle
70%
5%
25%
85%
5%
10%
100% 100%
Change
in Index
Value
Index
Percentage
Change
%Applied
to Annual
Cost
Adjustment
Consumer Price Index 70% 287.504 298.152 10.648 3.70% 2.59%
CNG Fuel Cost 5% $3.515 $3.912 $0.397 11.29% 0.56%
Disposal Cost 25% $32.00 $32.50 $0.50 1.56% 0.39%
Annual Adjustment 100% 3.55%
Recyclable Materials List-If a sustainable market is no longer available for a recycle
commodity, CWD will inform the City/Town, and have the material removed from the
acceptable list. In addition, if the value of any of the recycle commodities falls below zero
dollars, CWD may petition the City/Town to have the item removed from the accepted
materials list. As an alternative to removing recycle commodities as described above,
CWD may request a special rate adjustment that would allow CWD to continue to recycle
the materials.
Page 45 of 51
Total Tons Received by CWD Annually (estimated)
Per Ton Processing Fee & Transportation Fee (Note 1)
Total Processing Fee
5,760
Note 4
$ 90.00
Adj Annually Adjusted Monthly $ 518,400.00
. '. . -'<<>!
)~~---/~~ "-'i Ad~~~~~ ~-·$.:;/~r,,1r,t;~ii{ -\ .. :i:i+!r~::r
occ 19.71%
Mixed Paper 9.87%
PPI #11 Southwest Hi
PPI Mixed Paper #2 Hi
$ 90.00 102,177.00
$
Aluminum 0.77%
SteelfTin
PETE
HDPE-Natural
HDPE -Colored
Mixed Plastic
Mixed Glass
Residue
Total Gross Recycle Revenue
Less Total Processing Fees
Net Revenue
60% City Share of Net Positive Revenue
Revenue Share Per Ton
1.52%
3.43%
1.15%
0.90%
0.19%
14.67%
33.79%
100.00%
SMP -Region 8 Houston High $
0
SMP -Region 8 Houston High $
SMP -Region 8 Houston High $
0
SMP -Region 8 Houston High $
0
SMP -Region 8 Houston High $
0
SMP -Region 8 Houston High $
SMP -Region 8 Houston (Note 5) $
I
$
$
NOTE 1 Processing & Transportation Fees will b-e adjusted annually based on CPIU, Disposal, and Fuel Increases
NOTE 2 Per ton rebate cannot exceed $40 per ton. City wlll never b-e required to pay contractor for negative
revenue values. Any negative values will carry forward and must be brought back to zem before
compensation to the city begins or resumes
NOTE 3 SMP = Secondary Materials Pricing, PPI = Pulp & Paper WOOk
NOTE 4 Published Value Dollars Per Ton as of 1-1-2023
NOTE 5 Published Value Dollars Per Ton includes Index price plus $17.00 per ton transportation.
NOTE 6 Any past deficits must be cleared before Revenue Sharing payments begin
Recyclable Material List:
1. Loss of Sustainable Market-If a sustainable market is no longer available for a recycle
commodity, CWD will inform the City/Town to have it removed from the accepted materials Hsi.
Example: There is one glass buyer based in Midlothian Texas, if they will no longer accept our
glass, CWD would have no sustainable market for the commodity.
2. Negative Market Value -If the value of any of the recycle commodities falls below zero dollars,
CWD may petition the City/Town to have the item removed from the accepted materials list. The
request to remove the item will
not be unreasonably withheld by the City/fawn.
Page46 of 51
2,000.0
15.00
350.0
1,320.0
500.0
50.00
(8.00
72.37
88,700.00
1,313.25
69,149.50
87,436.80
25,920.00
547.00
(6,759.92)
$
$ 416,867.63
$ 416,867.63
$ (518400.00)
J
(101 532.37\
Note 2
Adj Annually
-·J_-,:~/;y/1
• , 806.40'
1,135.30
568.51
44.35
87.55
197.57
66.24
51.84
10.94
844.99
1,946.31
5,760.00
EXHIBIT "C"
PERFORMANCE BOND
Page 47 of 51
EXHIBIT "D"
SURVEY QUESTION
The following questions will be used in the Citizen's Survey regarding Trash and
Recycling Collection Services:
• "How would you rate garbage collection provided by the City's trash and
recycling contractor, Community Waste Disposal, in the past 12 months?
(Excellent, Very Good, Good, Fair or Poor)"
• "How would you rate recycling collection provided by the City's trash and
recycling contractor, Community Waste Disposal, in the past 12 months?
(Excellent, Very Good, Good, Fair or Poor)"
Page 48 of 51
EXHIBIT "E"
REQUIRED REPORTS AND REPORTING FREQUENCY
ASAP Daily Monthly Annually
1 Routes not completed X X
2 Complaints X X
3 Complaint escalations X
4 Collections skipped X
5 Cart delivery confirmations X
6 Garage Door Customer sites X
7 Recurring site complaints X
8 Litter crew clean-up activities X
9 Performance penalties tracking X
10 Trash collections X
11 Bulk/brush collections X
12 Recycle collections X
13 Container service levels X
14 Small business sites X
15 HHW activities X
16 Storm event activities X X
17 Weather delays X X X
18 Motor vehicle accidents X X
19 Motor vehicle violations X X
20 Property damage complaints X X
21 Personal injury claims X X
22 Audited financial statements (not for X
oublic release)
23 Newsworthy items X
24 Emergency notifications X
25 Key staff changes X
26 Key procedural changes X
27 Roll up of monthly reports X
Page 49 of 51
EXHIBIT "F"
DOOR SIDE HHW AND E-WASTE PROGRAM ACCEPTABLE MATERIAL LIST
Household Hazardous Waste and Electronics Waste shall include the following materials:
Acceptable Materials:
• Oil based and latex paint
• Aerosols
• Cleaners
• Gasoline
• Antifreeze
• Thermometers (no mercury)
• Fungicide
• Metal polish
• Moth balls
• Creosote
• Used motor oil
• Auto batteries (up to five)
• Fluorescent straight tubes (CFLs) -(no more than five)
• Flat screen TV or monitors
• Television (one only)
• Use electronic waste (CPUs, laptops, keyboard, printer, mouse, remote control,
calculator, VCR, CD player, scanner, house/handheld phone)
• Fire extinguisher (one only)
• Poison (household or garden)
• Solvents/ Thinners
Unacceptable Materials:
• Sharps (including needles and lancets placed into sealed rigid plastic containers)
• Cathode Ray TV (CRT) -
• Ammunition
• Explosives
• Tires
• Asbestos
• Any materials in unlabeled or leaking containers
• Bulky items (gas/propane cylinders, lamps, appliances, etc.)
Volume limits:
• Maximum quantity of waste items to be collected is limited to what will fit in the
bag(s), with the exception of up to five (5) auto batteries, five (5) fluorescent
tubes and/or CFL and limited to consumer electronics outside the bag.
• Individual items or bags, may not weigh more than 40 pounds.
• Combined items should not exceed one (1) cubic yard
Page 50 of 51
EXHIBIT "G"
CITY FACILITIES WITH NO CHARGE RECYCLING SERVICES
• Town Hall -1400 Main Street
• Community Services -400 N. White Chapel
• Bob Jones Nature Center -335 E. Bob Jones Road
• Public Works Operations -1950 E. Continental Boulevard
• Department of Public Safety West Facility -2100 W. Southlake Boulevard
• DPS Headquarters -667 N. Carroll Boulevard
• DPS North -200 E. Dove Road
• The Marq Southlake --285 Shady Oaks Drive
• Southlake Tennis Center -450 W. Southlake Blvd.
City facilities contained in this Exhibit may change from time to lime upon agreement of
the parties.
Page 51 of 51