HomeMy Public PortalAboutOrdinance No. 837-98 04-13-1998 ORDINANCE NO. 837-98
AN ORDINANCE GRANTING A FRANCHISE TO ALLIED
WASTE INDUSTRIES, INC. D/B/A TRINITY WASTE SERVICES
(SUCCESSOR TO LAIDLAW WASTE SYSTEMS) FOR THE
COLLECTION WITHIN THE CITY OF GARBAGE, TRASH,
REFUSE AND OTHER WASTE; SETTING FORTH THE RIGHTS,
DUTIES AND OBLIGATIONS OF RESIDENTIAL AND
COMMERCIAL CUSTOMERS, THE CITY AND CONTRACTOR;
PROVIDING ATHREE-YEAR TERM WITH POSSIBILITY OF
ONE-YEAR RENEWALS; PROVIDING A FREEZE ON
GARBAGE RATES UNTIL THE YEAR 2000; PROVIDING
ADEQUATE COMPENSATION TO THE CITY IN
CONSIDERATION OF SUCH FRANCHISE GRANT; MAKIlVG
ADEQUATE PROVISION TO SECURE EFFICIENCY OF
PUBLIC SERVICE AT REASONABLE RATES AND TO
MAINTAIN THE PROPERTY DEVOTED TO THE PUBLIC
SERVICE IN GOOD REPAIR THROUGHOUT THE TERM OF
SAID FRANCHISE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVING CLAUSE; AND EFFECTIVE DATE.
WHEREAS, the City of Richland Hills, Texas, entered into a franchise contract
agreement with Laidlaw Waste Systems, Inc., on December 20, 1990, for the
collection within the City of residential and commercial garbage, trash, refuse,
bundled brush and tree trimmings and rubbish; and
WHEREAS, through various subsequent ordinances said contract's term was
extended through December 31, 1998; and
WHEREAS, through various corporate restructurings and other events, the
division of Laidlaw Waste Systems, Inc., serving the City of Richland Hills has now
become Allied Waste Industries, Inc., a Delaware corporation, d/b/a Trinity Waste
Services (hereinafter referred to as "Contractor"); and
WHEREAS, the City of Richland Hills, Texas, and Contractor have negotiated a
new franchise agreement providing for expanded "take-all" collection services and
expanded recycling collection services; and
WHEREAS, said renegotiated contract provides that the rates currently in
effect for garbage collection services within the City shall remain unchanged until at
least January 1, 2000; and
WHEREAS, the new agreement negotiated between the City and contractor has
been revised, streamlined and updated; and
WHEREAS, the City Council of the City of Richland Hills, Texas, finds and
determines that the new, renegotiated franchise agreement with Trinity Waste
Systems contains suitable provisions for adequate compensation to the City in
consideration of the grant of a franchise to use the public streets, easements and
thoroughfares, and furthermore contains adequate provision to secure efficiency of
public service at reasonable rates and to maintain the property devoted to the public
service in good repair throughout the term of said franchise grant; and
ORDINANCE NO. PAGE 1
WHEREAS, the essential terms of said renegotiated contract have been
summarized at two (2) regular meetings of the Richland Hills City Council; and
WHEREAS, the City Council of the City of Richland Hills, Texas, finds and
determines that the granting and renewal of such franchise to the Contractor, under
the provisions of the renegotiated franchise contract, will further promote the
health, safety and welfare of the citizens of Richland Hills, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That the attached agreement, entitled "CITY OF RICHLAND HILLS
CONTRACT FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION"
be and the same is hereby adopted and approved, and the franchise therein described
is hereby granted to Contractor, for the collection within the city limits and disposal
of residential and commercial garbage, trash, refuse, bulky wastes, trees,
construction debris, brush, tree trimmings and rubbish, on the terms and conditions
contained therein. Said contract attached hereto is hereby incorporated within this
ordinance in full.
II.
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
III.
Saving Clause. That all ordinances of the City of Richland Hills, Texas, as
amended, shall remain in full force and effect, save and except as amended by this
ordinance.
IV.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of
the Richland Hills City Council on the 13th day of April , 1998, by a vote
of 4 ayes, ~ nays, and ~ abstentions.
APPROVED:
C. F. elley, Mayor
ORDINANCE NO. 837-98 PAGE 2
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ATTEST: ' 4 £#6 f1
i
Terri Willis, City Secretary , ~ti, ~
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A~~3.~ED AS TO FORM AND LEGALITY:
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aul . Wie eskie, ttorney
rhlib412/043098
ORDINANCE NO. 837-98 PAGE 3
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'
. CITY OF RICHLAND HILLS
CONTRACT FOR RESIDENTIAL AND
COMMERCIAL SOLID WASTE COLLECTION
STATE OF TEXAS )
COUNTY OF TARRANT )
THIS CONTRACT AND AGREEMENT (the "Agreement") is entered into by and
between the City of Richland Hills, Texas, a home rule municipal corporation located in Tarrant
County, Texas, (hereinafter referred to as "City"), and Allied Waste Industries, Inc., a Delaware
corporation, DBA, Trinity Waste Services (hereinafter referred to as "Contractor").
WHEREAS, City and Contractor are bound to a Franchise and Agreement (the "Contract")
whereby Contractor is to provide residential and commercial garbage and trash services to the City
and its inhabitants for a three (3) year period beginning January 1, 1999, and ending December 31,
2002; and
WHEREAS, City and Contractor now desire to modify and confirm this Contract by
• granting Contractor a non exclusive franchise, license and privilege to use the public streets,
easements, and thoroughfares within the limits of the City for the purpose of collection and disposal
of residential and commercial garbage, trash, refuse, bulky wastes, trees, construction debris, brush,
tree trimmings and rubbish subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the City and
Contractor do hereby covenant and agree as follows:
1
DEFINITIONS
Wherever used herein, the hereinafter listed terms shall have the following meanings:
1.1 Backdoor Service. A residential household where garbage or recyclable material pickup
shall be in the rear or side of household no further than 5 feet from the side or rear of said
household and in an unenclosed area.
1.2 Base Rate. The respective residential and commercial rates established by ordinance by
City for Contractor's residential and commercial services provided pursuant to this
Agreement.
Trinity\Richland Aills\Contract.98 1
I
. ~ ,
• 1.3 Brush. Tree and shrub trimmings and limbs, etc., in bulk which exceed four (4) feet in
length and cannot be loaded readily into regular garbage containers.
1.4 Bulky Waste. Stoves, refrigerators, water tanks, washing machines, dryers, furniture,
appliances and other waste materials with weights or volumes greater than those allowed for
containers, but specifically excluding:
(i) loose construction debris, dead animals, hazardous waste, medical waste or stable
matter;
(ii) any refrigerators, freezers, air conditioners or other appliances that do not contain
written or visual evidence that the chlorofluorocarbons (CFC's), have been removed
therefrom by a certified, authorized and licensed technician; and
(iii) any other objects or items that Contractor is precluded by federal, state or local law
or regulation from collecting or disposing in a municipal sanitary landfill.
1.5 Bundle or Boxed Bundle. Tree, shrub and brush trimmings, or newspapers and magazines
securely tied together forming an easily handled package not exceeding four (4) feet in
length or fifty (50) pounds in weight.
1.6 Cam. City of Richland Hills.
• 1.7 Commercial Container. Metal containers supplied by Contractor affording capacity to
service a Commercial Unit so as to prevent spillage, unsightly and unsanitary conditions.
1.8 Commercial Unit. Any commercial, industrial or institutional enterprise operating within
the corporate limits of the City, including any residential dwellings occupied by person or a
group of persons comprising more than four (4) families.
1.9 Consumer Price Index (CPI-DFW~. The revised Consumer Price Index for the
Dallas/Fort Worth Metropolitan Area (CPI-DFW), 12 month average for all Items as
published by the United States Department of Labor, Bureau of Labor Statistics, Region 6.
In the event the U.S. Department of Labor Statistics ceases to publish the CPI, the parties
hereto agree to substitute another equally authoritative measure of change in the purchasing
power of the U.S. dollar as may then be available so as to carry out the intent of this
provision.
1.10 Contract Documents. This Agreement and any addenda or changes thereto agreed to by
the City and the Contractor.
1.11 Contractor. The person, partnership or corporate entity performing solid waste collection
under this Agreement.
•
Trinity\Kichland Hills\Contract.98 2
. 1.12 Debris. Waste building materials resulting from construction, remodeling, repair or
demolition operations, including without limitation, dirt, concrete, rocks, bricks, lumber,
shingles, plaster, sand, gravel and other waste building materials.
1.13 Hazardous Wastes. Means any waste, which is;
(1) defined as such by the laws of the United States and or the State of Texas
and or the regulations promulgated thereunder; or
(2) because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause or significantly contribute to an increase in
mortality; or
(3) contains polychlorinated biphenyls or any other substance, the storage,
treatment or disposal of which is subject to regulation under the federal
Toxic Substances Control Act as amended and the state and federal
regulations promulgated thereunder; or
(4) contains a "reportable quantity" of one or more "hazardous substances", as
defined in the Federal Comprehensive Environmental Response,
Compensation and Liability Act as amended and the state and federal
regulations promulgated thereunder or as defined under any other state or
federal law and the regulations promulgated thereunder; or
(5) All fecal material, oil, sludge, and any radioactic, pathological, toxic, acidic
or volatile materials, or other waste, chemical, compound, mixture,
substance, or article designated by the United States Environmental
Protection Agency or other appropriate agency of the United States or the
state of Texas to be "Hazardous" as that term is defined by or pursuant to
federal or state law.
1.14 Disposable Containers. Any plastic bag or cardboard box with a capacity or volume of
thirty three (33) gallons or less and which is capable of containing garbage, trash or yard
waste without leaking or emitting odors, and which weights, when loaded, less than fifty
(50) pounds.
1.15 Handicapped Customers. A residential household in which all members of the household
are physically handicapped to the extent that they are unable to place garbage or recyclable
materials at curbside. All handicapped customers shall be charged the curbside rate charged
other residential customers. The fact of such handicap must be certified to Contractor by
the City Manager of City.
1.16 Permanent Containers. Any closed, waterproof, plastic or metal container or can with a
capacity or volume of thirty three (33) gallons or less and which is capable of containing
garbage, trash or yard waste without leaking or emitting odors, and which weighs, when
loaded, less than fifty (50) pounds.
Trinity\Itichland Hills\Contract.98 3
• 1.17 Recycle Materials.
METAL CANS: Rinse metal cans and place in bin.
ALUMINUM: Aluminum drink cans, compacted
GLASS: Clear, green and brown glass bottles and jars. No mirrors,
window glass, plate glass or light bulbs. COLORED glass is
accepted.
PLASTIC: Only plastic bottles with recycling symbols of #1, #2, #3, #4,
#5 and #7 can be recycled. Examples of these bottles include
milk jugs, soft drink liter bottles, cleaning bottles and
shampoo bottles. Please rinse and remove all lids.
NEWSPAPER, Place newspaper, magazines, and catalogs in the
MAGAZINES bottom of your "RECYCLEBOX". Slick or Glossy
CATALOGS: inserts should be included with newspaper. Don't put out on
a RAINY day. Be sure that the newspaper is secured so that it
doesn't fly away.
JUNK MAIL, Place all junk mail, envelopes, cereal boxes,
CARDBOARD cardboard, chipboard and any other household paper product
and MIXED in a brown paper grocery bag and put beside or inside your
HOUSEHOLD bin. These loose paper products need to be separate from
PAPER other materials in your bin. No tissues, wet paper or paper
contaminated with food products are accepted. All cardboard
must be broken down to a size that will fit inside the bin.
OTHER: Other items that are identified as recyclable by the City and
Contractor, or as the result of changes in any local, state or federal
laws, ordinances, or regulation.
1.18 Reccling Containers. Contractor shall provide for each residential customer a container
of no less than sixteen (16) gallons.
1.19 Refuse. Every accumulation of waste (vegetable and/or other matter) that results from the
preparation, processing, consumption, dealing in, handling, packing, canning, storage,
transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains, or other
animal or vegetable matter including, but not by way of limitation, decomposable animal
waste or vegetable matter which is likely to attract flies or rodents; and all waste material
generated at a residential, commercial, industrial or institutional location, or construction
site which must be disposed of to prevent the attraction of flies, rodents, scavengers,
Trinity\Itichland Hills\Contract.98 4
• unnecessary odor or to prohibit unsightly accumulation of refuse or fire hazards. Refuse
shall not include any waste materials included in the definition of Hazardous Waste or
Medical Waste.
1.20 Residential Repair Debris. Small amounts of containerized or tied and bundled waste
building materials including privacy fencing (provided such fencing materials do not exceed
4 ft. x 6 ft. in size or are dismantled and tied into bundles not exceeding 50 pounds)
generated by a residential property owner or tenant remodeling or repairing a Residential
Unit.
1.21 Residential Unit. 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 separate residential unit
shall be determined when either water or domestic electric power services are being
supplied thereto. Each single-family dwelling within any condominium building or group
shall be counted separately as a residential unit.
1.22 Rubbish. All residentially generated waste wood, wood products, grass cuttings, dead
plants, weeds, leaves, chips, shavings, sawdust, printed matter, paper, pasteboard, rags,
straw, used and discarded mattresses, white goods, pulp and other products such as are used
for packaging or wrapping, crockery, glass, ashes, cinders, floor sweepings, mineral or
metallic substances and any and all other waste materials not included in the definition of
Brush, Bulky Waste, Bundle or Boxed Bundle, Debris, Residential Repair Debris, Refuse,
Medical Waste or Hazardous Waste.
1.23 "Special Waste". Means any waste, which is:
(1) defined as such by the laws of the United States and or the State of Texas
and or the regulations promulgated thereunder; or
(2) medical waste, including infectious or pathological waste from laboratories,
research facilities, and health and veterinary facilities; or
(3) dead animals and or slaughterhouse waste; or
(4) sludge waste, including water supply treatment plan sludges and stabilized
and or unstabilized sludges from municipal or industrial wastewater
treatment plants; or
(5) liquid waste, which for the purposes of this Agreement means any waste
material that is determined to be or contain "free liquid" by the paint filter
test (EPA Method 9095); or
(6) waste from an industrial process; or
(7) waste from a pollution control process; or
(8) waste transported in bulk tanker; or
(9) friable and or nonfriable asbestos waste; or
(10) empty containers which have been used for pesticides, herbicides,
fungicides, or rodenticides; or
•
Trinity\Richland Hills\Contract.98 5
• (11) containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) of a
type listed in this definition; or
(12) residue or debris from the cleanup of a spill or release of chemical
substances, commercial products or other wastes listed in this definition; or
(13) soil, water, residue, debris or articles which are contaminated from the
cleanup of a site or facility formerly used for the generation, storage,
treatment, recycling, reclamation, or disposal of wastes listed in this
definition, including soil contaminated from underground storage tanks used
or formerly used for the storage of petroleum products; or
(14) residential wastes, only if a change in federal or state law, statute,
regulation, rule, code, ordinance, permit, or permit condition, which occurs
after the Effective Date of this Agreement, requires special or additional
management that differs from the requirements applicable on the Effective
Date of this Agreement; or
(15) any waste that requires other than normal handling, storage, management
and or disposal.
2
SCOPE OF REFUSE COLLECTION WORK
2.1 Disposal of Waste Materials. Subject to the terms and conditions of this Agreement, the
• Contractor agrees to dispose of, outside the corporate limits of the City, all Brush, Bulky
Waste, Bundle or Boxed Bundle, Debris, Rubbish and Refuse collected by Contractor from
Residential Units and Commercial Units within the City. All vehicles used by the
Contractor for the collection and transportation of such waste material shall be protected at
all times while in transit to prevent leakage or the blowing or scattering of same onto the
public streets of City or property adjacent thereto.
2.2 Frequency of Residential Collection. The Contractor shall collect all residential Refuse
and Rubbish in Garbage Containers, Residential Repair Debris and Bundles or Boxed
Bundles not less than two (2) times per week, with collections at least three (3) days apart.
No collections shall be made on Sunday. The Contractor may propose to the City changes
in days of collection. Upon the City Manager's approval of the proposed changes, the
Contractor shall promptly give written or published notice to the affected Residential Units.
Any missed pick-ups will be picked up by the Contractor on the same day if they are called
in before 2:00 p.m. All residential Refuse and Rubbish shall be placed in Garbage
Containers, and together with Residential Repair Debris and Bundle or Boxed Bundle, shall
be placed within four (4) feet of the curbside for collection by 7:00 a.m. on the designated
collection day. Curbside refers to that portion ofright-of--way adjacent to paved or traveled
City roadways. Garbage Containers, Residential Repair Debris, and Bundle and/or Boxed
Bundle shall be placed as close to the roadway as practicable without interfering with or
endangering the movement of vehicles or pedestrians. When construction work is being
Trinity\Richland Hills\Contract.98 6
performed in the right-of--way, Garbage Containers, Residential Repair Debris, and Bundle
and/or Boxed Bundle shall be placed as close as practicable to the access point for the
collection vehicle. Contractor may decline to collect any Garbage Container, Residential
Repair Debris, and Bundle and/or Boxed Bundle not so placed.
2.3 Ouanti Take-All Service. The Contractor shall be required to pick up all Rubbish,
Refuse, Bulky Waste and Residential Repair Debris generated from a Residential Unit,
provided that same is properly prepared, bagged, and stored for collection in Garbage
Containers, or properly bundled, although Bulky Wastes will not be required to be in
Garbage Containers. Contractor shall also be required to pick up all Brush and Trees during
the regular residential collection frequency provided that same are prepared and stored for
collection in a Bundle or Boxed Bundle. At a customer's request, Rubbish, Residential
Repair Debris, and Brush and Trees that are not contained in Garbage Containers or are not
prepared and placed for collection in a Bundle or Boxed Bundle, may be collected and
disposed of by Contractor for a special haul fee mutually agreed upon by Contractor and
such customer.
2.4 Residential Waste -Where. Collections of waste material as provided hereinabove shall
be made from within four (4) feet of the curb provided the Garbage Containers are freely
accessible, with the bottom at ground level or on a platform not more than three (3) feet
above ground. Garbage Containers stored below ground surface will not be picked up.
2.5 Residential Waste -How. The Contractor shall make collections with a minimum of noise
and disturbance to the householder. This work shall be done in a sanitary manner. Any
Refuse or Rubbish spilled by the Contractor shall be picked up immediately by the
Contractor's employees.
2.6 Commercial Waste. Every Commercial Unit shall have a Commercial Container or
Containers of a size sufficient to contain all the Rubbish, Refuse, Brush, Bulky Waste,
Debris, Trees and other waste generated upon the premises and to avoid congregation of
flies, rodents, scavengers, unnecessary odor and to prohibit unsightly accumulation of such
waste materials or fire hazards. Contractor agrees to make Commercial Containers of
adequate size available upon request to any Commercial Unit within the corporate limits of
City. The Commercial Containers provided by the Contractor shall be equipped with
suitable operable covers to prevent blowing or scattering of refuse (except for roll-off
containers); shall be maintained in good order, appearance, and in a sanitary condition; shall
be of uniform color or color scheme; and shall be clearly marked with the Contractor's name
and telephone number. Any damages to screening structures caused by the Contractor will
be repaired in a timely manner. The City will resolve any disputes between the Contractor
and a Commercial Unit account. The decision by the City will be final and binding on
Contractor and the Commercial Unit customer.
•
Trinity\Richland Hills\Contract98 7
• 2.7 Christmas Trees. During the Christmas season each year, the City has the option to
designate a specific site within the City for the deposit of Christmas trees by Residential
Unit customers. In the event City so elects, the Contractor shall collect Christmas trees for
a two (2) week period from such location at no cost. The Contractor shall deliver the
Christmas trees to a Disposal Site for grinding or chipping.
3
SPECIAL PROVISIONS
3.1 Hauling Rights. Contractor is hereby granted a non exclusive franchise, license, and
privilege within the territorial jurisdiction of the City to engage in the business of collecting
and disposing of residential and commercial garbage, trash, yard waste, Bulky Waste,
Debris, Residential Repair Debris, Bundled Brush, Loose Brush, Rubbish, Trees, Refuse
and other waste material as specified herein, and City hereby grants to Contractor
permission to use the public streets, alleys, easements, and thoroughfares within the limits
of the City for the purpose of such collection and disposal. Scavenging or hauling by other
individuals on a non-fee basis shall be permitted.
3.2 Sin
laage. The Contractor shall not be responsible for scattered Refuse, Rubbish or other
waste materials unless the same has been caused by its acts or those of any of its employees,
in which case all scattered Refuse, Rubbish or other waste materials shall be picked up
immediately by the Contractor. A fork, push broom and a scoop type shovel shall be
maintained on each of Contractor's trucks for clean-up activity. Contractor will not be
required to clean up or collect loose Refuse, Rubbish, waste material or spillage not caused
by the acts of its employees, but shall report the location of such conditions to the City
Manager so that proper notice can be given to the customer at the premises to properly
contain Refuse, Rubbish, waste material or other spillage. Commercial Unit Refuse,
Rubbish or other waste spillage or excess Refuse, Rubbish or other waste material shall be
picked up by the Contractor after the customer reloads the Commercial Container. In the
case of Commercial Unit customers, Contractor shall require the Commercial Unit
customer and Contractor to increase the frequency of collection of the Commercial Unit
customer's Refuse, Rubbish and other waste material or require the Commercial Unit
customer to utilize a Commercial Container with a larger capacity, and the Contractor shall
be compensated for such additional services.
3.3 Vicious Animals. Employees of the Contractor shall not be required to expose themselves
to the dangers of vicious animals in order to accomplish Contractor's collection obligations
hereunder in any case where the owner or tenants of a Residential Unit or Commercial Unit
have animals at large, but the Contractor shall immediately notify the City, in writing, of
such condition and of its inability to make collection.
Trinity\Richland Hills\Convact98 g
3.4 City Facilities. The Contractor shall make no extra charge for collection and disposal of
waste at City owned, operated or other City designated sites, including City parks, so long
as the same can be collected on a regular collection route of the Contractor.
3.5 Hazardous and Medical Waste. Anything to the contrary herein notwithstanding, it is
specifically understood and agreed that the collection and disposal of Hazardous Waste
and/or Medical Waste by the Contractor is not authorized, required or governed by this
Agreement and that the disposal of Hazardous Waste and/or Medical Waste by the
Contractor (should Contractor choose to do so) shall be in compliance with all federal, state
and local laws and regulations.
4
CONTRACTOR'S OPERATION
4.1 Hours of Operation. Collection from Residential Units shall not start before 7:00 a.m. or
continue after 9:00 p.m. on the same day. Collection from Commercial Units may be
performed at any time so long as such Commercial Units are not within 200 feet of a
residential structure; provided, however, collection from Commercial Units within 200 feet
of residential structures shall not start before 7:00 a.m. or continue after 9:00 p.m. on the
same day. Exceptions to collection hours shall be effected only with the approval, in
writing, of the City Manager.
4.2 Routes of Collection. Residential collection routes shall be established according to
current City routes. The Contractor shall submit a map designating the collection routes
and proposed days of collection to the City for approval. Contractor shall submit any
change in the residential collection routes to the City Manager for approval. The Contractor
may propose to the City changes in routes or days of collection. Upon the City Manager's
approval of the proposed changes, the Contractor shall promptly give written or published
notice to the affected residential units.
4.3 Holidays. The following shall be holidays for purposes of this Agreement:
Thanksgiving Day, Christmas Day, New Years Day, Independence Day, Memorial
Day, and Labor 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 refuse collection service at Residential Units at least once a
week. Contractor shall provide 14 days written notice to the City Manager or his designee
of its election to observe any such holiday.
Trinity\Richland Hills\Contract.98 9
• 4.4 Complaints and Non-Performance. Service complaints shall be handled in the following
order:
4.4.1 Service Complaints -Contractor. All service complaints shall initially be directed
to the Contractor and shall be resolved by the end of the next business day. The
Contractor shall supply all copies of all complaints on a form approved by the City
indicating the disposition of each complaint. The form shall indicate the day and
hour on which the complaint was received and resolved.
4.4.2 Service Complaints -City. The City shall notify the Contractor of each complaint
reported to the City. It shall be the duty of the Contractor to take whatever steps are
necessary to remedy the cause of the complaint and notify the City of its disposition
of same by the end of the next business day.
4.4.3 Damage -Private Property. The 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 resulting from actions of Contractor's employees, agents,
or subcontractors.
4.4.4 Complaint Procedures. The Contractor shall provide the City with information
regarding complaint procedures, rules and regulations and day(s) of collection, etc.
Information is to be in the form of printed material distributed by the Contractor.
4.5 Records and Reports. City shall have access at all reasonable hours to all Contractor's
records, customer service cards, and all papers relating to the operation of said Contractor
within the City. The following records and reports shall be available upon request by the
City Manager.
4.5.1 Reports of the results of all complaints and investigations received and completed
by Contractor.
4.5.2 A listing of all commercial accounts served. This list shall include customer's
name, address, frequency of pick-up, size of container or type of service and charges
for same.
4.6 Equipment. The Contractor shall provide equipment which meets or exceeds the
following:
4.6.1 Tvne. The Contractor shall use only vehicles with bodies which are water-tight to a
depth of not less than eighteen (18) inches, with solid sides, using pneumatic tires.
All equipment utilized by the Contractor shall be kept in good repair, appearance,
and in a sanitary condition at all times.
Trinity\Richland Hills\ContracL98 1
• 4.6.2 Amount. The Contractor shall provide sufficient equipment in a proper operating
condition so regular schedules and routes of collection can be maintained.
4.6.3 Condition. Equipment is to be maintained in a clean and safe working condition
and shall be painted uniformly. No third party advertising shall be permitted on
vehicles. Vehicles must have Contractor's name and phone numbers in letters and
numbers legible from 150 feet and a unit number. The City shall have the right to
inspect all equipment and may require the Contractor not to use a piece of
equipment for good and reasonable cause.
4.6.4 Protection from Scattering. Each vehicle shall be equipped with a cover, which
may be net with mesh not greater than one and one-half (1 %2) inches, or a tarpaulin,
or fully enclosed metal top to prevent leakage, blowing or scattering of waste
material onto public or private property. Such cover shall be kept in good order and
used to cover the load going to and from the Disposal Site, during loading
operations, or when parked if contents are likely to be scattered. Vehicles shall not
be overloaded so as to scatter solid waste material; however, if solid waste material
is scattered from Contractor's vehicle for any reason, it shall be picked up
immediately. Each vehicle shall be equipped with a fork, broom and shovel for this
purpose.
4.6.5 Miscellaneous. Vehicles are to be washed on the inside and sanitized with a
suitable disinfectant and deodorant a minimum of once a week. Such vehicles shall
be washed and painted or repainted as often as necessary to keep them in a neat and
sanitary condition.
The Contractor's vehicles are not to interfere unduly with vehicular or pedestrian
traffic, and vehicles are not to be left standing on streets unattended except as made
necessary by loading operations.
4.7 Office. Contractor agrees, at its own expense, to keep an office open in Tarrant County and
to provide a telephone answered (mechanical answering machine is not acceptable) 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 legal holidays, for the purpose of handling complaints and other calls regarding
solid waste collection service. The Contractor shall keep competent personnel in the office
during the time the office is required to be open to the public, and the office personnel shall
have authority to represent the Contractor in its relations with the public. The Contractor
shall also provide the City a telephone number by which the Contractor can be contacted for
after hours emergencies. The Contractor shall keep and' maintain in the office a daily log of
all the service calls which shall show the nature of the call, complaint, or communication
and the disposition thereof by the Contractor. The City shall have the right to inspect the
daily log at any reasonable time. Throughout the term of this Contract, Contractor shall
establish and maintain an authorized Managing Agent and shall designate in writing to the
Trinity\Richland Hills\Contract.98 11
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. Service upon the Contractor's Managing Agent shall always
constitute service upon the Contractor. Contractor agrees to secure an annual listing in the
local Mid-Cities telephone directories in both the white and yellow pages under the name
by which it conducts business in the community.
4.8 Disposal of Refuse. It shall be the responsibility of the Contractor to dispose of the solid
waste material it is required to collect hereunder according to the city, county, state, and
federal regulations at Contractor's expense.
4.9 Hazardous Weather. The Contractor with the consent of the City Manager may cancel a
portion or all of a scheduled service day due to hazardous weather conditions. Contractor
will provide immediate written notice to City via facsimile transmission of its cancellation
of all or a portion of a scheduled service day.
4.10 Records. The City shall have the right to review the books and records kept incidental to
the operation of Contractor's business within the City at .reasonable times during normal
business hours. All information so obtained shall be confidential and shall not be released
by the City unless expressly authorized in writing by the Contractor, or unless required by
law, including but not limited to, the Texas Public Information Act.
5
CONTRACTOR'S RELATION TO THE CITY
5.1 Contractor as Independent Contractor. It is expressly agreed and understood that the
Contractor is in all respects an independent contractor as to the work, licenses, or privileges
granted herein, notwithstanding the Contractor is bound to follow the direction of
designated City officials, and that the Contractor is in no respect an officer, agent, servant or
employee of the City. This Agreement specifies the work to be done by the Contractor, but
the method to be employed to accomplish this work shall be the responsibility of the
Contractor, unless otherwise provided in this Agreement. It is further expressly understood
and agreed that the City has no control over or right to control the collection, transportation
or disposal of solid waste by the Contractor, or where or how such solid waste is disposed
of. It is further understood and agreed that Contractor shall be solely responsible for the
acts and omissions of its officers, agents, servants, employees, contractors, subcontractors
and licensees; that the doctrine of respondeat superior shall not apply as between City and
Contractor; and that nothing herein shall be construed as creating a partnership or joint
enterprise between City and Contractor.
5.2 Assignment. This Agreement, and any and all rights and obligations of Contractor
hereunder, may be assigned to any parent company, affiliate or subsidiary of Contractor
•
Trinity\Richland Hills\Contract.98 12
without the consent of City, but may be assigned to any other third party only with the prior
written consent of the City Council, which will not be unreasonably withheld or delayed.
No such consent will be construed as making the City a party of or to such assignment or
subcontract, or subjecting the City to liability of any kind to any subcontractor. No
assignment shall, under any circumstances, relieve the Contractor of its liability and
obligation under this Agreement, and despite any such assignment, the City shall deal
through the Contractor. Subcontractors will be dealt with as workers and representatives of
the Contractor, and as such shall be subject to the same requirements as to character and
competence as are other employees of the Contractor.
5.3 City Manager to be Referee. To prevent misunderstanding and litigation, the City
Manager shall decide any and all questions which may arise concerning the quality and
acceptability of the work and services performed, the sufficiency of the performance, and
the acceptable fulfillment of this Agreement on the part of the Contractor; and the City
Manager will determine whether or not the amount, quantity, character and quality of the
work performed is satisfactory. The City Manager shall make such explanation as may be
necessary to complete, explain, or make definite the provisions of this Agreement and his
reasonable findings and conclusions shall be final and binding on both parties. If at any
time during the term of this Agreement performance of the Contractor does not meet the
standards set forth herein, the Contractor, upon notification by the City, shall increase the
forces, tools or equipment as needed to properly perform the Agreement. The failure of the
City to give such notification shall not relieve the Contractor of the obligation to perform
the work at the time and in the manner specified by this Agreement. Contractor and City
agree that the City Manager will be the final authority for the approval of charges for any
service not contemplated by this Agreement and for the disposition of any dispute regarding
performance between the City, Contractor, and any customer.
5.4 Inspection of Work. The Contractor shall furnish the City Manager or his authorized
representative with every reasonable opportunity for ascertaining whether or not the work as
performed is in accordance with the requirements of this Agreement. The City Manager
may appoint qualified persons to inspect the Contractor's operation and equipment at any
reasonable time, and the Contractor shall allow authorized representatives of the City to
make such inspections.
5.5 Liaison. The Contractor shall designate, in writing, the person to serve as agent and liaison
between its organization and the City.
5.6 Taxes. Except as specifically provided otherwise in this Agreement, the Contractor shall
pay all federal, state and local taxes including sales tax, social security, worker's
compensation, unemployment insurance, ad valorem, and other required taxes which may
be chargeable against labor, material, equipment, real estate and other items necessary to
and in performance of this Agreement.
TrinityViichland Hills\Contract.98 13
5.7 City Not Liable for Delay. It is expressly understood and agreed that, except as
otherwise provided herein, in no event shall the City be liable or responsible to the
Contractor or to any other person for any stoppage or delay in the work herein provided for,
by injunction or other legal or equitable proceedings brought against the Contractor, or from
or on account of any delay from any cause over which the City has no control.
5.8 Interru.~tion in Service. In the event that the collection and disposal of garbage and refuse
should be interrupted by any reason for more than forty-eight (48) hours, City shall have the
right to make temporary independent arrangements for the purposes of continuing this
necessary service to its residents in order to provide and protect the public health and safety.
5.9 Licenses, Permits, and Fees. Contractor agrees to obtain and pay for all licenses, permits,
certificates, inspections, and other fees required by law or otherwise necessary to perform
the services prescribed hereunder. Contractor shall also pay, at his own expense, all
disposal fees associated with the collection, removal, and disposal of refuse.
5.10 Term. The term of this Agreement shall be for a period beginning January 1, 1999 and
ending December 31, 2002.
5.11 Renewal. Unless either party notifies the other in writing on or before one hundred twenty
(120) days before any termination date of this Agreement of such party's election not to
renew and extend this Agreement, then this Agreement shall be automatically renewed for
successive one (1) year periods, each renewal to be upon the same terms and conditions and
for the same considerations as contained herein and no new agreement need to be entered
into.
5.12 Breach of Contract. It shall be the duty of the City Manager and any officials of the City
which he may designate to observe closely the solid waste collection, disposal, and salvage
operations and, if in the opinion of the City Manager there has been a breach of this
Agreement, the City shall notify the Contractor, in writing, specifying the manner in which
there has been an alleged breach of contract. If within a period of seven (7) days the
Contractor has not eliminated the conditions considered to be in breach of contract, the City
Manager shall so notify the City Council and a hearing shall be set for a date within twenty
(20) days of such notice. At that time, the City Council shall hear the Contractor and the
City representatives and make a determination as to whether or not there has been a breach
of contract, and direct what further action shall be taken by the City or the Contractor, as
hereinafter provided.
5.13 Cancellation or Annulment of Contract. If the Contractor fails to begin work at the time
specified, or fails to perform the work with sufficient number of workers and sufficient and
adequate equipment to insure the proper and substantial performance of said waste
collection work, or performs unsuitable work, or discontinues the prosecution of the work
or any portion thereof, or for any other cause whatsoever, excepting only acts of God, labor
Trinity\Richland Hills\Contract.98 14
• strikes, acts of war (either declared or undeclared) or of civil insurrection, or changes in
governmental laws, statutes, regulations or ordinances, does not carry on the work as
aforesaid or otherwise defaults under any other terms, conditions or obligations of this
Agreement, or if the Contractor becomes insolvent or declares bankruptcy or commits any
act of bankruptcy or insolvency, and if the City through its City Manager gives notice of
such default, and the Contractor fails to rectify such default within seven (7) days after the
giving of such notice by the City, then the City may thereupon by action of the City
Council, after a determination by the City Council in open session that a reasonable
likelihood exists that Contractor will not be able to continue performance of its obligations
under this Agreement, declare this Agreement canceled. Such cancellation of this
Agreement shall not relieve the Contractor of liability for failure to faithfully perform this
Agreement, and in case the expense incurred by the City to secure substitute services
provided for in this Agreement shall exceed the sum which would have been payable under
this Agreement, the Contractor shall be liable to the City for the amount of any such
expense in excess of the per-unit contract price.
5.14 Nondiscrimination Clause. The Contractor shall not discriminate against any person
because of race, sex, age, creed, color, religion or national origin.
6
QUALITY OF SERVICE
6.1 Character of Workers and Equipment. The direction and supervision of waste collection
and disposal, and salvage operations shall be by competent, qualified, uniformed, and sober
personnel, and the Contractor shall devote sufficient personnel, time and attention to the
direction of the operation to assure performance reasonably satisfactory to the City. All
subcontractors, superintendents, foremen and workers employed by the Contractor shall be
careful and competent. Any employee of the Contractor who misconducts himself or is
incompetent or negligent in the due and proper performance of his duty, or is disorderly,
dishonest, drunk or grossly discourteous, shall be subject to disciplinary measures or
termination.
6.2 Cooperation of Contractor Required. The Contractor shall cooperate with authorized
personnel and representatives of the City in every reasonable way in order to facilitate the
progress of the work contemplated under this Agreement. Contractor shall have at all times
a competent and reliable representative available authorized to receive orders and act on
behalf of Contractor.
6.2.1 Contractor's Employees. The Contractor shall assure that Contractor's employees
serve the public in a courteous, helpful and impartial manner.
•
Trinity\Richland Hills\Contract.98 15
• 6.2.2 Handling of Private Property-Contractor's Employees. Contractor's employees
collecting Refuse and Rubbish will be required to follow the regular walk for
pedestrians while on private property. Care shall be taken to prevent damage to
property including shrubs, flowers and other plants.
7
WORHING CONDITIONS
7.1 Employee Protection. The Contractor shall comply with all applicable state and federal
laws relating to wages, hours, and all other applicable laws relating to the employment or
protection of employees, now or hereafter in effect.
7.2 Employees' Salaries -Contractor. The Contractor is required and hereby agrees by
acceptance of this Agreement to pay all employees not less than federal minimum wage and
to abide by other requirements as established by the Fair Labor Standards Act, if applicable.
7.3 Compliance with Laws and Regulations. The Contractor hereby agrees to comply with
all applicable federal, state, county and city laws and regulations (including EPA
guidelines) applicable to the collection, transportation or disposal of solid waste or the
operations of Contractor under this Agreement. The Contractor shall indemnify and save
harmless the City, all of its officers, representatives, agents and employees against any
claim or liability arising from or based upon the violation of any such laws, regulations,
ordinances, orders or decrees, whether by Contractor, it officers, agents, servants,
employees, licensees, or subcontractors.
8
INSURANCE AND INDEMNIFICATION
S.1 Minimum Insurance Coverage. The Contractor at its own expense shall purchase,
maintain and keep in force insurance as will protect Contractor and City from claims,
whether these claims arise as a result of the operations of Contractor, any subcontractor or
by anyone for whose acts the Contractor may be liable.
Minimum coverage shall be established as of commencement date for this Agreement in the
following amounts:
vera e Limits of Liability
Workers' Compensation Statutory
Employer's Liability $1,000,000/2,000,000/1,000,000
•
Trinity\Richland Hills\Contract.98 16
Bodily Injury Liability $1,000,000 each occurrence
Except Automobile $2,000,000 aggregate
Automobile Bodily Injury $1,000,000 each person
Liability
Automobile Property Damage $1,000,000 each occurrence
Liability
Property Damage Liability $1,000,000 each occurrence
Except Automobile $2,000,000 aggregate
Excess Liability Coverage $2,000,000 aggregate
8.2 Certificate of Insurance. Before commencing any of the work under this Agreement,
Contractor shall file with the City valid Certificates of Insurance acceptable to the City and
shall list the City as an additional insured under the policy or policies. Such certificates
shall contain a provision that states coverages afforded under the policies will not be
canceled until at least thirty (30) days prior written notice has been given to the City. Any
changes in insurance coverage, companies providing such coverage, or in the parties insured
thereby, shall be reflected in revised or amended Certificates of Insurance which shall be
• filed with the City within ten (10) days of the effective date of change. The Contractor shall
also file with the City valid Certificates of Insurance covering all subcontractors. The
failure by Contractor to keep in full force and effect any insurance required by this
Agreement shall be deemed a material breach of this Agreement.
Insurance coverage specified herein constitutes the minimum requirements and said
requirements shall in no way lessen or limit the liability of Contractor under the terms of
this Agreement. Contractor shall procure and maintain, at its sole cost and expense, any
additional kinds and amounts of insurance that in its own judgment may be necessary for
proper protection in the prosecution of its work.
8.3 Indemnification. Contractor assumes all liability and responsibility for and hereby
covenants and agrees to fully idemnify, hold harmless, and defend City, its officers, agents
servants, and employees from and against any and all claims, suits, judgments, assessments,
costs, and expenses (including reasonable attorneys' 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 nonperformance of the work and services described hereunder by
Contractor or in any way resulting from or arising out of the collection, transportation, and
disposal of solid waste or refuse under this Agreement by Contractor, including the work,
services, operations, and legal duties of Contractor, its officers, agents, servants, employees,
•
Trinity\Richland Hills\Contract.98 17
subcontractors or licensees, if any, save and except any damage or loss and/or personal
injury, including death, arising out of any acts or omissions of City or City's agents, officers
or employees. Contractor shall likewise assume all responsibility and liability for and shall
indemnify and hold harmless the City for any and all injury or damage to City property
arising out of or in connection with any and all negligent acts or omissions of Contractor, its
officers, agents, servants, employees, subcontractors or licensees, including reasonable
attorneys' fees expended by the City in any suit or claim against Contractor for same.
8.4 Performance Bond. Contractor will furnish a Performance Bond for the duration of this
Contract in the amount of $25,000. The Performance Bond shall guarantee the performance
of the Contractor under the terms and conditions of this Contract.
9
FEES
9.1 har es. The Contractor is authorized to collect and dispose of the various kinds of solid
waste material as defined herein and charge for such services a Monthly Customer Service
Charge for residential and commercial customers as follows:
A. Residential: The charge for twice a week, residential, curbside,
collection is set forth in the schedule attached as Exhibit "A" hereto,
which is incorporated herein and made a part hereof for all purposes.
B. Residential Rec,r~clin~ The charge for once a week, curbside
collection is set forth in the schedule attached as Exhibit "A" hereto,
which is incorporated herein and made a part hereof for all purposes.
C. Commercial (Commercial Containers: The charge for commercial
customers at Commercial Units utilizing Commercial Containers is
set forth in the schedule attached as Exhibit "A" hereto, which is
incorporated herein and made a part hereof for all purposes.
9.2 Billing and Collection.
9.2.1 Customer Billing: City agrees to bill all residential and commercial customers
served by Contractor. City further agrees to collect and remit all sales taxes to the
appropriate governmental authority.
9.2.2 Payment to Contractor: City agrees to pay to Contractor on or before the 15th day
of each month following the month in which the services were provided.
Trinity\Itichland Hills\ContracL98 1 0
,
• (a) For the Contract granted herein, Contractor agrees to pay a franchise
fee to the City in an amount equal to 2% of the gross receipts (excluding all
appropriate sales taxes) from the collection of waste and for recycling
services within the corporate limits of the City and 9% of the gross receipts
for billing and collection fee, for a total of 11 City shall remit to the
Contractor its check in the amount of 89% of all amounts. The 11 % not
remitted for residential and commercial billings shall become the Property
of the City.
9.3 Modification of Rates
9.3.1 Evaluation of Rates. The rates will not be eligible to receive an increase in rates
until January 1, 2000, and thereafter on an annual basis.
Any other cost increases including state, federal and local fees, taxes or other
additional disposal regulatory charges imposed on disposal since the last rate
modification, and any expenditures required of Contractor solely because of federal,
state, or local law, rule, regulation, ordinance, order, permit or permit condition
becoming effective since the last rate modification may be considered by City on a
case-by-case basis.
The rates may be evaluated in two components: an Operations Rate and a Disposal
Rate. The Base Rate (both residential and commercial) will be established by
ordinance prior to the effective date of the rate adjustment.
9.3.2 Operations Rates. The Operations Rates may be adjusted upward with City
Council approval to reflect changes in the cost of operations only, as reflected by
fluctuations in the CPI-DFW. Operations Rates may be adjusted downward only
with approval of Contractor. The base for establishing the CPI-DFW will be the
difference between the CPI-DFW indexes for the most recent twelve month period
(October-September), expressed in a percentage change prior to the Rate
Modification Date of January 1. Once the base CPI-DFW has been determined, the
Contractor will submit to the City a rate increase request at least 60 days prior to the
Rate Modification Date.
9.3.3 Disposal Rates. The Disposal Rates may be adjusted by a factor defined as the
average percent increase in the gate rate for compacted landfill material, as charged
by a representative sample of area landfills. The landfills used to determine the
increase are identified in Exhibit B. The basis for establishing the disposal increase
will be the difference in the average gate rate from October 1, immediately
preceding the Rate Modification date, compared to the average gate rate on October
1, twelve months prior.
•
Trinity\Richland Hills\Contract.98 19
• ~ •
r
• Commercial rolloff haul rates may be adjusted by the change in the actual operating
costs and adjusted annually on the Rate Modification date of this Agreement.
Disposal charges shall be based upon the rated capacity of the container times the
posted gate rate at Laidlaw's Mill Creek Landfill adjusted upward to include
appropriate franchise fees.
9.3.4 Filing Requirements. The City Council shall be the final authority in granting any
and all rate increases. At no time will rate increase requests be automatic. Rate
requests must be fully justified and follow all notice provisions.
10
WORHING POLICIES
10.1 Commencement of Work. The Contractor must commence operations upon the beginning
of the term of this Agreement, unless a delay is agreed upon by Contractor and City.
10.2 ORerations During_Dispute. In the event the City Council shall find that the Contractor
has failed, or is failing to perform obligations under this Agreement, it shall be the duty of
the City Council to enter into a formal finding of that fact upon the minutes and send a
certified copy of such finding by certified mail to the Contractor, or have same delivered to
the Contractor personally. In such event, Contractor shall have ten (10) days to correct or
• cure the failures so found by the City Council. Should Contractor fail to correct or cure
such failures within such ten (10) day period, the Contractor agrees that the City shall
thereupon be entitled to take over all operations under this Agreement, and the Contractor
shall cooperate to the extent necessary to enable the City to do so.
10.3 Amendments. This written Agreement contains the entire agreement of the parties hereto
concerning the subject matter hereof, and no other written or verbal agreements or
understandings exist. Amendments which are consistent with the purposes of this
Agreement may be made with the mutual consent of the parties and in accordance with the
City Charter and other applicable laws and ordinances provided, however, that no
amendment hereto shall be effective unless made by written instrument signed by the
parties hereto.
10.4 Notices. All notices required to be sent pursuant to this Agreement shall be by U.S. Mail,
certified, return receipt requested, to the following individuals at the address noted:
If to City: City of Richland Hills
3200 Diana Drive
Richland Hills, Texas 76118
Attention: City Manager
•
Trinity\Richland Hills\Contract.98 20
•
• If to Contractor: Trinity Waste Services
6100 Elliott Reeder Road
Fort Worth, Texas 76117
Attention: Joseph Noorlag
10.5 Venue. This Agreement is entered into and wholly performable in Tarrant County, Texas.
Should any action, whether real or asserted, at law or in equity, arise out of the terms and
conditions of this Agreement, or be in any way connected therewith, venue for said action
shall be in Tarrant County, Texas.
10.6 Ordinances. City agrees to pass such ordinances as are necessary to effectuate all terms of
this Agreement, including all duties and obligations required of customers, and such
ordinances or actions as are necessary to protect the franchise, license and privilege herein
granted to Contractor from any unlawful infringement of same by third parties.
10.7 Counterparts. This Agreement may be executed in any number of counterparts, each of
which will, for all purposes, be deemed to be an original, and all of which are identical.
10.8 Partial Invalidity. If any provision or portion of this Agreement is for any reason
unenforceable, inapplicable, or invalidated, then such provision or portion shall be reformed
in accordance with applicable laws. The invalidity, inapplicability, or unenforceability of
any provision of this Agreement shall not affect the validity, applicability or enforceability
• of the other provisions or portions of this Agreement.
10.9 Governmental Powers. It is understood and agreed that by execution of this Agreement,
the City does not waive or surrender any of its governmental powers.
EXECUTED this ~i2. day of - , 1998, in Tarrant County, Texas.
CITY OF RICHLAND HILLS TRINITY WASTE SERVICES
sy: E S ~ -
C.F. Kelley, Mayor Joseph oorlag, _
District Manager, D/FW
ATTEST:
City Secretary
Trinity\Richland Hills\Contract.98 21
EXH161T "A"
- ..TRINITY WASTE SERVICES
FRANCHISED CITY RATES
• CITY OF RICHLAND HILLS
COMMERCIAL FRONT-LOAD RATES
PICKUPS PER WEEK
'STlE ZX 2X " 3X . 4X _ '_.3X 6X EXTRA
2 YD 37.02 59.68 83.70 106.36 130.39 154.41 12.36
3 YD 51.08 68.69 120.42 156.45 189.75 229.20 14.46
4 YD 69.23 114.54 161.22 207.90 254.58 305.36 19.27
6 YD 82.33 151.68 193.72 264.55 335.12 392.17 28.90
8 YD 107.72 198.35 272.61 349.59 421.10 495.35 38.56
COMiVIERCIAL ROLLOFF RATES
SIZE TYPE DELIVERY RENTAL HAUL DISPOSAL TOTf1L DEPOSIT
PER DAY PER LD PER LD PER LD PER CONT
20 YD OPEN 63.00 3.00 80.00 123.60 203.60 210.00
25 YD OPEN 63.00 3.00 80.00 154.50 234.50 210.00
30 YD OPEN 63.00 3.00 80.00 185.40 265.40 210.00
35 YD OPEN 63.00 3.00 80.00 216.30 296.30 210.00
• 40 YD OPEN 63.00 3.00 80.00 247.20 327.20 210.00
28 YD CObfP NEGO NEGO 80.00 226.52 306.52 NEGO
30 YD COMP NEGO NEGO 80.00 242.70 322.70 NEGO
35 YD CObfP NEGO NEGO 80.00 283.15 363.15 NEGO
40 YD COMP NEGO NEGO 80.00 323.60 403.60 NEGO
42 YD COMP NEGO NEGO 80.00 339.78... 419.78 NEGO
FRANCHISE FEE PERCENTAGE 11.00% 11.00%
LOOSE ~ COtitP
DISPOSAL RATE PER YARD 55.50 $7.20
FRANCHISE FEE MARKUP $0.68 $0.89
TOTAL COST PER YARD $6.18 58.09
COMMERCIAL HANDLOAD 2 TIDIES PER WEEK @ S26.30 PER MONTH
CASTERS: 56.00 /MONTH LOCKS: 51.00 /PER LIFT
SENIOR CITIZEN
RESIDENTIAL CURBSIDE W/RECYCLING: ~$~.Q /MONTH ~7_.~4 /MONTH
SENIOR CITIZEN
RESIDENTIAL BACKDOOR W/RECYCLING: $11.=t3 /MONTH ~ /MONTH
• EFFECTNE DATE: 1011/9 ; CITY HALL PHONE # : 817 / 595-6600
•
Distribution Datc: 10/1/97
cc: 1. Nooriag, D. Rivers, E. Brock, P. Hansen, D. Heikkinen, ?N. Koch, D. Tuale, B. Hubbard, Cust. Svs., Sales
• Appendix "B"
Selected Landfill List
City of Richland Hills Contract
1-Oct-97
Landfills Compacted Rate
Waste Management DFW $6.65
Trinity Waste -Mill Creek $4.85
Waste Management Westside $6.45
City of Farmers Branch $5.02
Trinity Waste -Turkey Creek $5.00
Average $5.59
•
•
c./excel/contract/Ricland. xls?4/21/98
•
Trinity Waste Inc.
Loose Brush Pick Up
Trinity Waste Services, Inc., has
restructured the way they estimate loose
brush pickup. Prices vary depending on the
size of the load. Loads are measured by ,
cubic yard and it costs $5 per cubic yard.
An example follows:
Loose Brush Pile
f
length = 10 feet
width = 5 feet
height = 5 feet
Multiply length of pile (10 feet) by width (5
feet) by height (5 feet) to get the total
number of cubic feet (250). To eliminate air
from pile, to divide the total cubic feet (250)
by 2 which equals 125; divide 125 by 27 to
arrive at the cubic yardage which is 4.62.
Total charge would be $5 x 4.62 = $23.14.
If you have any questions, or would like
more information, please contact Trinity
Waste Systems at 332-7301.•
t