HomeMy WebLinkAboutO-1990-1730
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ORDINANCE NO. l730
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BY AND BETWEEN THE
CITY OF LA PORTE AND BFI WASTE SYSTEMS, INC., FOR COLLECTION AND
DISPOSAL OF COMMERCIAL SOLID WASTE~ MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section l. The City Council hereby approves and authorizes the
contract, agreement or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to execute such document and
all related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-l7, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 22nd day of October, 1990.
B
ATTEST: . ~
Ch~Ck
City Secretary
7EI:~ ~
Knox W. Askins
City Attorney
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Supp. No. 11
c. General powers adopted. The enumeration of the
particular powers in this Charter shall not be held or
deemed to be exclusive but in addition to the powers
enumerated herein or implied hereby or appropriate to the
exercise, of such powers; the city shall have and may
exercise all po:wer of local self-government and all other
powers which, under the Constitution' and laws of the State
of Texas, it would be competent for this Charter specifically
to enumerate. The city shall.have and may exercise all the
powers enumerated in ReVised Civil Statutes of Texas,
Article .1175.
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Garbage disposal. City council shall by ordinance
adopt and' prescribe rules and regulations for the
handling and disposition of all garbage, trash and
rubbish within the city and shall fix charges and
compensation to be charged by the city' for the
removal of garbage, trash and rubbish, providing
rules and regulations of the collection thereof.
:Nu..isances, '~tc. Th.e ,city ~hall have the power to define
'all nuis~~es and "prohibit the same within the city
and outside the city' limits for a distance of five
thousand (5,~) feet; have power to police all parks or
grounds, speedways, or boUlevards owned by said city
and lying outside of. said city, to prohibit the pollution
of any 'stream, drain or tributaries thereof, which may
constitute the source of water supply of any city and
to provide for policing the same as well as to provide
for the protection of any watersheds and the policing
of same,' to 'inspect dairies, slaughter pens, and
slaughterhouses inside and outside the limits of the
city, from which .m~at or milk is furnished to the
inhabitants' of the city.
4.
owner's premises who fails or refuses to make sanitary
sewer, connections after due notice and to charge a
cost aga~nst said owner and make it a personal
liability
11.05
CHARTER
11.06
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NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE
TEXAS GENERAL ARBITRATION ACT. ARTICLE 224. ET. SEQ..
REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS
COUNTY OF HARRIS
CONTRACT
COLLECTION AND DISPOSAL OF COMMERCIAL SOLID WASTE
CITY OF LA PORTE
THIS AGREEMENT, made and entered into by and between the City of
La Porte, a Municipal Corporation of Harris County, Texas,
hereinafter called the "City", and Browning-Ferris, Inc~, a
corporation duly organized under the laws of the State of
Delaware, hereinafter called the "Contractor".
WITNESSETH that for and in consideration of the payments and
agreements hereinafter mentioned ~o be made and performed by the
City, the Contractor hereby agrees with the City to commence and
complete the work described as follows:
The Contractor shall furnish all personnel, labor, equipment, and
all other necessary items to provide for the collection and
disposal of commercial and industrial solid waste within the
corporate limits of the City of La Porte, as specified, and to
perform all the work called for in accordance with the Contract
Documents, including the Request for Proposal, Instructions to
Proposers, Proposal, Affidavit, Proposal Bond, Contract, General
Specifications including Exhibit A, Band C, Performance Bond,
and any changes to the foregoing documents agreed to by the City
and the Contractor, all of which are made a part hereof as fully
as if set out herein and hereby become a part of these documents.
It is agreed and understood between the parties that the
Contractor agrees to accept and the Owner agrees to pay for the
work at the prices and amounts stipulated in the Rate Schedule,
and payments shall be made at the time and in the amounts and in
the manner set forth in the Contract Documents.
This Contract shall become effective upon
Contract, and performance of such contract
1, 1990.
the execution of the
shall begin November
In the event of conflict
obligations of any of the
Specifications shall apply.
with any
Contract
terms, provisions or
Documents, the General
PAGE 1 OF 21
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In the event that any portion of the Contract Documents are found
invalid or unenforceable, the invalid or unenforceable portion
shall not affect the validity or enforceability of any other
portion of the Contract Documents.
IN WITNESS WHEREOF, the parties to these presents have
this contract in multiple counter~s, each of which
deemed an original, this the I~~~y of Qc~eher, ~.
- ".u,V12"'1~'" (n-r1~
executed
shall be
THE CITY OF LA PORTE
(SEAL)
BY:G'~ T. ~
Robert T. Herrera, City Manager
ATTEST: ~;f/~
Cherie Black, City Secretary
APPROVED AS TO FORM:
~~~
INC.
ardue, Vice-President
(SEAL)
ATTEST:&I?~~
SECRETARY
PAGE 2 OF 21
1.00
1.02
1.03
1.04
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1.06
1.07
1.08
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GENERAL SPECIFICATIONS
COLLECTION AND DISPOSAL OF
COMMERCIAL SOLID WASTE
BINS - Metal receptacles designed to be lifted and
emptied mechanically for use at Commercial and
Industrial Units. For the purposes of this contract,
Bins are containers of 3, 4, 6 and 8 cubic yards
designed for collection with a front-loading collection
vehicle, and Bins that are 20, 30, and 40 cubic yards,
designed for collection with a tilt-loading collection
vehicle, also called Roll-off.
BULKY WASTE - Appliances, water tanks, furniture and
other waste materials, other than Construction Debris,
Dead Animals, Hazardous Waste or Stable Matter with
weights or volumes greater than those allowed for Bins.
CITY - City of La Porte, Texas.
COMMERCIAL AND INDUSTRIAL REFUSE - All Bulky Waste,
Construction Debris, Garbage, Rubbish and Stable Matter
generated by a Producer at a Commercial and Industrial
Unit.
COMMERCIAL AND INDUSTRIAL UNIT All premises,
locations or entities, public or private, requiring
refuse collection within the corporate limits of the
City, other than a single-family Residential Unit. For
the purposes of these specifications, apartments,
condominiums and townhomes, and trailer parks are
considered Commercial Units.
CONSTRUCTION DEBRIS Waste building
resulting from construction, remodeling,
demolition operations.
materials
repair or
CONTRACT DOCUMENTS The Request for Proposal,
Instructions to Proposers, Affidavit, Proposal,
Proposal Bond, Contract, General Specifications,
including Exhibit A, Band C, Performance Bond and any
addenda or changes to the foregoing documents agreed to
by the City and the Contractor.
CONTRACTOR Browning-Ferris, Inc., or its duly
authorized successor, performing Commercial and
Industrial Refuse Collection and Disposal with the City
under the terms of the Contract Documents.
PAGE 3 OF 21
1.09
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DEAD ANIMALS - Animals or portions thereof equal to or
greater than 10 lbs. in weight that have expired from
any cause, except those slaughtered or killed for human
use.
DISPOSAL SITE - A Refuse depository, including, but not
limited to, sanitary landfills, transfer stations,
incinerators and waste processing/separation centers
licensed, permitted or approved by all governmental
bodies and agencies having jurisdiction and requiring
such licenses, permits or approvals to receive, for
processing or final disposal of, Garbage, Refuse and
Dead Animals.
GARBAGE - Any and all dead animals of less than 10 lbs.
in weight, except those slaughtered for human
consumption; every accumulation of waste (animal,
vegetable and/or other matter) that results from the
preparation, processing, consumption, dealing in,
handling, packing, canning, storage, transportation,
decay or decomposition of meats, fish, fowl, birds,
fruits, grains or other animal or vegetable matter,
(including but not by way of limitation, used tin cans
and other food containers; and all putresclble or
easily decomposed waste animal or vegetable matter
which is likely to attract flies or rodents); except
(in all cases) any matter included in the definition of
Bulky Waste, Construction Debris, Dead Animals,
Hazardous Waste, Rubbish or Stable Matter.
HAZARDOUS WASTE Waste, in any amount, which is
defined, characterized or designated as hazardous by
the United States Environmental Protection Agency or
appropriate State agency by or pursuant to Federal or
State law, or waste, in any amount, which is regulated
under Federal or State law. For the purposes of this
Contract, the term Hazardous Waste shall include motor
oil, gasoline or other petroleum product, paint and
paint containers.
PRODUCER - An occupant of a Commercial and Industrial
Unit who generates Refuse.
REFUSE - This term shall refer to Commercial and
Industrial Refuse to be collected and disposed of
pursuant to this Contract unless the context requires
otherwise.
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RUBBISH All waste wood, wood products, tree
trimmings, grass cuttings, dead plants, weeds, leaves,
dead trees or branches, chips, shavings, sawdust,
printed matter, paper, pasteboard, rags, straw, used
and discarded mattresses, used and discarded clothing,
used and discarded shoes and boots, combustible waste
pulp and other products such as are used for packaging,
or wrapping crockery and glass, ashes, cinders, floor
sweepings, glass, mineral or metallic substances, and
any and all other waste material not included in the
definition of Bulky Waste, Construction Debris, Dead
Animals, Garbage, Hazardous Waste or Stable Matter.
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.
SCOPE OF WORK - The work under this Contract shall
consist of the items contained in the Contract
Documents, including all the supervision, materials,
equipment, labor, services and all other items
necessary to complete said work in accordance with the
Contract Documents.
TYPE OF COLLECTION
SERVICE PROVIDED Contractor shall provide Bin
collection service for the temporary and permanent
collection of Commercial and Industrial Refuse to
Commercial and Industrial Units according to individual
agreement. The Contractor may, from time to time,
provide for special collection of Dead Animals and
Hazardous Waste at Commercial and Industrial Units at
its sole discretion and upon such terms and conditions
as may be mutually agreeable between the Contractor and
the Producer.
LOCATION OF BINS FOR COLLECTION Contractor shall
provide Bins for Commercial and Industrial 4nits
whenever customers request their use. Each Bin shall
display the Contractor's name and local telephone
number in a clear and legible manner. All BIns shall
be covered, and maintained in a good and nuisance-free
condition. Each Bin shall be placed in an accessible,
outside location on a hard surface. Contractor shall
make all efforts to place the Bin at the customer's
requested location, as long as the location is entirely
within the customer's property. In no event will a Bin
ever be placed on any City, County or State right-of-
way.
PAGE 5 OF 21
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CITY FACILITIES - The Contractor agrees to provide
Bins, and collect and dispose of Refuse from City-
owned facilities identified on Exhibit C of the
Contract Documents, at no charge to the City. The City
reserves the right to make minor modifications to the
number, placement and frequency of collection from time
to time, depending on the addition of facilities and
seasonal requirements.
INITIAL START OF CONTRACT - It shall be the duty and
responsibility of the Contractor to contact each and
every Commercial and Industrial Unit to determine the
collection and disposal needs of each Unit. If
commercial service is currently provided, regardless of
the provider, or if commercial service is required or
desirable, the Contractor shall provide the size Bin
and collection frequency necessary. Upon obtaining
information regarding size and frequency of collection
needs, the Contractor shall provide such information to
the City. It is understood that this information will
be provided at the beginning of the contract period,
with monthly updates provided to coincide with the
billing period, as provided in Paragraph 13.09.
CUSTOMER BASE - It is understood that the Contractor
has the exclusive right, as the City's Independent
Contractor, to collect all Refuse from Commercial and
Industrial Units within the corporate limits of the
City. All existing customers of the City, as well as
those Units utilizing other collection services,
including the Contractor's, are customers of the City,
effective with this Contract, and will be serviced by
the Contractor, acting as the City's Independent
Contractor under the terms and conditions of this
Contract.
COLLECTION OPERATION
HOURS OF OPERATION Collection of Commercial and
Industrial Refuse shall be permitted before 6:00 A.M.,
provided that collection routes do not disturb single
family or multi-family residential units.
ROUTES - Commercial and Industrial Unit collection
routes shall be established by the Contractor. The
Contractor shall have the right to pursue with each
Producer a collection frequency and Bin size that
maximizes the Contractor's resources, while ensuring
sanitary and odorous conditions are not compromised.
If agreement cannot be reached, the City shall have the
right to determine Bin size and collection frequency.
PAGE 6 OF 21
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HOLIDAYS
shall not
holidays:
- Commercial and Industrial Unit collection
be required on the following recognized
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
When normal collection falls on
Contlactor will provide collection on
the day after the holiday, at
discretion.
a holiday, the
the day before or
the Contractor's
SERVICE REQUESTS AND INQUIRIES - The Contractor will
maintain a business office within the city to receive
Iequests for service and complaints. It shall be
equipped with sufficient telephones and shall have a
responsible person in charge from 8:00 A.M. to 5:00
P.M. on weekdays, excluding Holidays. Provisions shall
also be made for emergency calls after 5:00 P.M. on
weekdays and Saturdays before 3:00 P.M. All requests
for extra or special service, and any complaints from
Commercial and Industrial Units shall be directed to
the Contractor. All such requests and complaints shall
be given prompt and courteous attention. All requests
for extra service will be accommodated by the
Contractor as the Contractor's schedule permits, and
the City shall b~ notified of extra service requests
with the Contractor's monthly billing. In the case of
alleged missed scheduled collections, the Contractor
shall investigate and, if determined valid, shall
arrange for the collection of the Refuse not collected
within 24 hours after the complaint is received. If
the matter cannot be resolved, the City has the right
to make the final determination.
NEW AND DISCONTINUED SERVICES - All request for new and
discontinued service shall be directed to the City,
between the hours of 8:00 A.M. and 5:00 P.M., Monday
through Friday, excluding Holidays, at City Hall, 604
West Fairmont Parkway, La Porte, Texas. The City will
promptly notify the Contractor of all such requests,
and the Contractor will comply with the request within
48 hours of receipt of the request. In the case of new
service requests, from time to time the Contractor may
be required to consult with the potential Producer to
detelmine Bin size and collection frequency. The City
will promptly notify the Contractor of such, and the
Producer, upon determination of said size and frequency
in consultation with the Contractor, will make proper
application with the City, who will then notify the
Contractor as outlined above.
PAGE 7 OF 21
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INACCESSIBLE BINS - If, during the collection cycle,
the Contractor in good faith determines that collection
of a particular Commercial and Industrial Unit is not
possible due to the inaccessibility of the Bin, through
no fault of the Contractor, the Contractor will make a
good faith effort to contact the Unit to provide
accessibility. The Contractor can, but is not required
to, return the same day to provide collection. If the
Contractor cannot gain accessibility on the regular
scheduled collection day, the Contractor shall provide
service on the next scheduled collection day, and the
Unit shall be charged an amount as provided by the
Contract equal to the amount due by Producer had the
collection been made as scheduled.
COLLECTION EQUIPMENT - The Contractor shall provide an
adequate number of vehicles for regular collection
services, including sufficient back-up vehicles.
Vehicles shall be covered or totally enclosed, meet all
statutory requirements for safety and other
regulations, and shall be kept in good repair,
appearance, and in a sanitary condition at all times.
Each vehicle shall have clearly visible, on each side
of the vehicle, the name and telephone number of the
Contractor.
COLLECTION AND TRANSPORT - All Refuse collected and
transported by the . Contractor shall be so contained
that no spilling, leaking, blowing or falling occurs.
If Refuse is spilled, leaked, blown or falls during
collection or transport, Contractor shall clean all
such Refuse immediately.
DISPOSAL - All Refuse collected for disposal by the
Contractor shall be transported to a Disposal Site.
The charge for disposal shall be included in the rate
set forth in the Contract for each Commercial and
Industrial Unit serviced by the Contractor.
CONTRACTOR'S EMPLOYEES - The Contractor shall assign a
qualified person or persons to direct collection and
disposal operations and shall furnish the name or names
of such person(s) to the City. Such person(s) shall
have full authority to respond immediately to and
resolve complaints or problems. Contractor's employees
shall be uniformed, with company and name
identification provided on said uniforms. All drivers
will possess the appropriate license as issued by the
Texas Department of Public Safety.
PAGE 8 OF 21
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GOVERNING LAWS - This Contract shall be governed by the
laws of the State of Texas and the Ordinances of the
City of La Porte. Should any disagreement occur
concerning the Contract, the parties agree that the
venue for settling such disputes, including claims and
suits, shall be Harris County, Texas, provided however,
nothing in this paragraph shall prevent the parties
from resolution of any dispute under Paragraph 17.00 of
the Contract.
EFFECTIVE DATE AND TERM - This contract shall become
effective, and performance shall begin on November 1,
1990. The Contract shall be for a five (5) year period
beginning on November 1, 1990 and remain in full force
until October 31, 1995. The initial term of the
Contract may be extended for an additional five (5)
years, upon the Mutual agreement of the Contractor and
the City. Request for extension by the Contractor
shall be submitted in writing, on or before June 1"
1995. The request for extension shall contain the
proposed pricing, including proposed formula for price
increases, and any additional terms or conditions not
contained in the original Contract Documents. If the
City disapproves the proposed extension on or before
August 1, 1995, the Contractor shall be entitled to
terminate service effective November 1, 1995, provided
written notice is served to the City on or before
August 15, 1995. If the City does not act on the
proposed extension on or before August 1, 1995, or
written notice is not served to the City by August 15,
1995, the Contractor agrees to extend the Contract with
the City for one (1) additional year, from November 1,
1995 to August 31, 1996, according to Paragraph 13.02
of the Contract Documents.
INDEMNITY - The Contractor will indemnify and save
harmless the City, its officers, agents,' servants and"
employees from and against any and all suits, actions,
legal proceedings, claims, demands, damages, costs,
expenses and attorney's fees incident to any work done
in the performance of this Contract, including damages,
penalties or claims arising from the disposal of any
waste by the Contractor or arising out of a willful or
negligent act or omission of the Contractor, its
officers, agents, servants and employees. However, the
Contractor shall not be liable for any suits, actions,
legal proceedings, claims, demands, damages, costs,
expenses and attorney's fees arising out of a willful
or negligent act or omission of the City, its officers,
agents, servants and employees.
PAGE 9 OF 21
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NONDISCRIMINATION - The Contractor in its employment,
operations and service shall not discriminate against
any person because of race, sex, age, creed, color,
religion, national origin, or in any other manner
prohibited by law.
NOTICE All written notices
registered or certified mail to
receipt requested, as follows:
shall be served by
the parties, return
CITY
City Manager
City of La Porte
P.O. Box 1115
La Porte TX 77572
CONTRACTOR
Vice President - Bay Area District
BFI Waste Systems, Inc.
P.O. Box 1379
La Porte, TX 77572
INSURANCE - The Contractor shall, at all times during
the term of this Contract, maintain in full force and
effect Employer's Liability, Worker's Compensation,
Public Liability and Property Damage insurance,
including Contractual Liability coverage for the
provisions of Section 7.00. All insurance shall be by
insurers licensed to do business in the State of Texas,
and for the policy limits as specified by the City,
before the commencement of work. The Contractor agrees
to furnish the City certificates of insurance or other
evidence satisfactory to the City to the effect that
such insurance has been procured and is in force. The
certificates shall contain the following express
obligations:
"This is to ceztify that the policies of insurance
described herein have been issued to the insured
for whom this certificate is executed and are in
full force at this time. In the event of
cancellation or material change in a policy
affecting the certificate holder, thirty (30) days
prior written notice will be given the certificate
holder."
The Contractor may elect, with the express prior
written consent of the City, to insure the required
coverages under planes) of self-insurance. The
coverages may be provided by the Contractor's parent
corporation, subject to all applicable provisions of
Texas law and the licensing requirements of the
appropriate State of Texas agency.
PAGE 10 OF 21
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INSURANCE
Contract,
types of
below:
POLICY LIMITS-
the Contractor
insurance in at
For the purposes of the
shall carry the following
least the limits specified
COVERAGES
LIMITS OF LIABILITY
Worker's Compensation
Statutory
Employer's Liability
$500,000 per occurrence
Public Liability, Bodily
Injury, Including Death,
Except Automobile
$500,000 each occurrence
$1,000,000 aggregate
Property Damage Liability
Except Automobile
$500,000 each occurrence
$1,000,000 aggregate
Automobile Bodily Injury
Liability, (owned and non-
owned), Including Death
$500,000 each person
$1,000,000 ea. occurrence
Automobile Property
Damage Liability (owned
and non-owned)
$500,000 each occurrence
Excess Umbrella Liability
$5,000,000 ea. occurrence
PERFORMANCE BOND - Upon award of the Contract, the
Contractor shall furnish to the City a corporate surety
bond, issued by a corporate surety licensed to do
business in the state of Texas, as security for the
faithful performance of this Contract. Said surety
bond must be in the amount of three hundred and fifty
thousand dollars ($350,OOO.OQ), which represents the
estimated billing for the first year of the Contract.
The bond shall indemnify the City against any loss
resulting from any failure of performance by the
Contractor up to and including the penal sum of the
bond.
PREMIUM -
shall be
the surety
full shall
The premium for the bond{s) described above
paid by the Contractor. A certificate from
showing that the bond premiums are paid in
accompany the bond.
POWER OF ATTORNEY Attorneys in fact who sign
performance bonds or contract bonds must file with each
bond a certified and effectively dated copy of their
power of attorney.
PAGE 11 OF 21
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FAILURE TO PERFORM
NOTICE - All terms and conditions of the Contract are
considered to be material and a failure to perform or a
breach of any condition, term or provision of any part
of the Contract shall be considered to be a default
constituting grounds for termination or other default
relief. Should the Contractor fail to perform any of
its contractual obligations, the City shall provide
written notice of termination and cancellation of the
contract. The notice shall set forth the causes and
reasons for the proposed termination and cancellation.
The City's failure to give notice shall not be deemed a
waiver of subsequent defaults or failure to perform.
REMEDY - Should the Contractor fail to correct such
breach within ten (10) days of the notice, the City
may, at its option, terminate this agreement and
negotiate with other contractors for the performance of
the service. Such action shall not release the
Contractor of liability to the City for such breach of
agreement. In the event of termination under this
provision, the City may utilize the performance bond(s)
to fund cost of service for collection and disposal,
and may avail itself of any other remedy allowed by law
for damages resulting from Contractor's failure to
perform.
FORCE MAJEURE - In the event that the Contractor is
delayed or prevented from continuing in the performance
of this Contract by reason of an Act of God,
catastrophe, riot, war, governmental order or
regulation, strike or other similar or different
contingency beyond the reasonable control of the
Contractor, the Contractor shall not be liable for
damages arising solely out of such contingency.
BASIS AND METHOD OF PAYMENT
COLLECTION
disposal
Contract,
outlined
charges
Contract
Paragraph
provided in
disposal and
for purposes
the capacity
AND DISPOSAL RATES - For collection and
services required to be performed by the
the charges for said services shall be as
under Exhibit A (Rate Schedule), and said
shall not exceed the rates as fixed by the
Documents, as adjusted in accordance with
13.02. The Refuse collection charges
this section shall include all collection,
related costs. Bins will be deemed full
of determining cubic yards collected, with
as determined by the manufacturer.
PAGE 12 OF 21
13.02
13.03
13.04
13.05
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MODIFICATION OF RATES - The Contractor and the City
hereby agree that the fees for such refuse collection
and disposal service as provided in Exhibit A shall be
binding upon both parties for the first two (2) years
of the Contract, that is from November I, 1990 through
October 31, 1992. In the event that the Contractor
determines that an increase in such collection and
disposal fees is required due to an increase of
specific costs incurred by the Contractor in providing
such services, then the Contractor shall submit, in
writing, to the City on or before June 1, 1992, and
subsequent years, its proposal for increased fees and
all supporting data related thereto, and such proposed
increases shall be approved in accordance with
Paragraph 13.03 and 13.04, with a maximum annual rate
increase as defined in Paragraph 13.05.
ANNUAL COST OF LIVING ADJUSTMENT - Beginning November
1, 1992, and in subsequent years thereafter, there
shall be a cost of living adjustment of the base rates.
The annual cost of living adjustment shall be
calculated by multiplying the base rate by a fraction,
the denominator of which shall be the April 1990
Consumer Price Index for all Urban Consumers (CPI-U),
all items, U.S. City Average, and the numerator of
which shall be the CPI-U for all items, U.S. City
Average for April 1992, and subsequent dates of
adjustment.
DISPOSAL COSTS - The base rate shall be increased
annually to reflect increases in disposal costs, but
the maximum annual rate increase for disposal costs
shall be $0.25 per billable cubic yard.
MAXIMUM ANNUAL RATE INCREASE - Regardless of the actual
cost increase incurred by the Contractor in a given
period, as defined in 13.03 and 13.04, the City shall
never incur an increase greater than four percent (4%)
of the prevailing base rate in any Contract year.
Provided, however, any disposal fees, in addition to
current fees, imposed on all Type I Disposal Sites
within a 25 mile radius of the City, by any local,
state, federal or other regulatory agencies shall be
passed to the City as they become effective. Such rate
increase shall be in addition to and separate from any
annual rate increase provided for in Paragraphs 13.03,
13.04 and 13.05.
PAGE 13 OF 21
13.06
13.07
13.08
13.09
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APPROVAL OF RATE INCREASES After receipt of the
Contractor's proposal to increase rates as outlined in
Paragraph 13.02, the City shall approve or disapprove
of the proposed rate increase on or before August 1,
1992, and in subsequent years, provided that the City
shall approve any rate increase that has been properly
established under Section 13 of the Contract. Should
the City fail to approve or disapprove of the proposed
rate increase by such date, then the proposed increase
shall take effect on November 1 of that Contract year.
Should the Contractor and the City fail to agree on the
proposed rate increase, resolution shall be subject to
Paragraph 17.00.
CITY TO ACT AS COLLECTOR The City shall submit
statements to and collect from all Commercial and
Industrial Units served by the Contractor, including
all delinquent accounts. The billing rates shall be
determined by City Ordinance, and any difference
between the Contractor's rate and the City's rate shall
be retained by the City for billing and administration
of the Contract.
DELINQUENT ACCOUNTS '- The Contractor shall discontinue
Refuse collection service to any Commercial and
Industrial Unit, delinquent in its payments to the
City, upon reasonable prior written notice by the City.
Upon further prior written notification by the City
that the Unit's account has been made current, the
Contractor shall resume Refuse collection on the next
regularly sched~led collection day.
CONTRACTOR BILLINGS TO THE CITY - The Contractor shall
invoice the City, in arrears, for service rendered to
Commercial and Industrial Units within ten (10) days
following the end of the month, as set forth in the
Contract, and the City will pay the Contractor on or
before the end of such month. The Contractor shall be
entitled to payment for services rendered to Units
regardless of the status of the Unit's account with the
City, subject to the provisions outlined in Paragraph
13.08. Should the City and the Contractor fail to
agree on the invoice amount, then the City shall pay
the disputed amount, subject to resolution under
Paragraph 17.00. The Contractor's monthly statement to
the City shall include an itemized listing of each
Commercial and Industrial Units' billing name, service
address, City account number, size and frequency of
service and any extra service provided during the
billing period.
PAGE 14 OF 21
14.00
15.00
16.00
17.00
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TRANSFERABILITY OF CONTRACT - Other than by operation
of law, no assignment of the Contract or any other
right accruing under this Contract shall be made, in
whole or in part, without the express written consent
of the City. The City shall have the right to
investigate the proposed assignee, as outlined under
the original proposal, and reserves the right to reject
any proposed assignee that does not meet the
requirements of the original proposal. The City agrees
to not unreasonably withhold consent of assignment. In
the event of assignment, the assignee agrees to assume
all terms and conditions of the Contract Documents.
EXCLUSIVE CONTRACT - The Contractor shall have the sole
and exclusive franchise, license, privilege and right
to provide collection and disposal of Refuse from
Commercial and Industrial Units within the corporate
limits of the City. The Contractor shall have the
right to solicit for collection and disposal of Dead
Animals and Hazardous Waste, but such right shall not
be exclusive.
OWNERSHIP Title to any and all Refuse and Dead
Animals shall pass to the Contractor when placed in the
Contractor's collection vehicle, removed by the
Contractor from a Bin, or ~emoved from the customer's
premises, whichever occurs last.
ARBITRATION - Should a dispute arise regarding the
interpretation of any provision of the Contract, except
Paragraph 7.00, or any proposed rate increase under
Paragraph 13.06, or monthly invoices under Paragraph
13.09 that cannot be resolved, within a reasonable
amount of time, between the City and the Contractor,
the parties may request the determination of such
dispute by a mutually acceptable arbitrator. Should
the parties be unable to agree upon a mutually
acceptable arbitrator, each party shall nominate one
arbitrator and the arbitrators so nominated by the
parties shall select a third arbitrator who will act
with them as a three-member arbitration panel to decide
the disagreement between the parties by the concurrence
of a majority of the panel. Cost for such arbitration
shall be borne equally by Contractor and City, provided
that each party shall bears its own attorney fees. The
decision rendered by the arbitratorCs) will be final,
subject only to judicial review as may be available
under the Texas General Arbitration Act. Provided,
however, that nothing in this paragraph shall prevent
the parties from resolving disputes prior to formal
arbi trat io.n.
PAGE 15 OF 21
18.00
19.00
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PURCHASE OF CITY EQUIPMENT - The Contractor shall
purchase the City's Commercial Solid Waste Equipment
for the purchase price set forth in the Contractor's
Proposal, and further described in Exhibit B of the
Contract Documents. City certifies such equipment
shall be in substantially the same condition as on July
16, 1990, except 'for normal wear and tear since that
date, and is subject to no liens or encumbrances.
Equipment is sold "as is" with existing title , if
applicable. The parties agree that payment and
transfer of title shall take place during the business
day just prior to the beginning date of service as
specified in Paragraph 6.00 herein.
RELATIONSHIP BETWEEN THE PARTIES The relationship
between the parties is that of the City, as Owner, and
Browning-Ferris, Inc., as Independent Contractor.
PAGE 16 OF 21
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EXHIBIT A - RATE SCHEDULE
SERVICE
UNIT COST
Commercial Container Service
$1.76/cubic yard
$1.76/cubic yard
Extra Dump Service
Roll-off Container Service
A. 20 Cubic Yard Open-top
B. 30 Cubic Yard Open-top
C. 40 Cubic Yard Open-top
D. Any Compactor Container
$8.25/cubic yard
$7.00/cubic yard
$6.00/cubic yard
$8.25/cubic yard
The above
Contractor's
formula:
rate schedule will be
monthly billing to the
used to
City, using
calculate the
the following
Number of cubic yards furnished
X applicable unit cost
X number of collections per week
X 52 weeks
12 months
Temporary Roll-off Containers
A. One-time set-up
B. Minimum two hauls per 30 days
$50.00 per container
Less than required minimum
$75.00 per haul less than
the required minimum
There shall be no monthly rental charges for any containers under
this Contract.
PAGE 17 OF 21
.
.
EXHIBI'r B
PURCHASE OF CITY EQUIPMENT
EQUIPMENT QUANTITY
1985 Crane Carrier Front Loader 1
1981 Mac Front Loader 1
1981 Container Trailer 1
3 Cubic Yard Container 189
4 Cubic Yard Container 90
6 Cubic Yard Container 89
8 Cubic Yard Container 28
TOTAL PURCHASE PRICE
PURCHASE PRICE
$25,000.00
5,000.00
1,500.00
16,859.00
9,400.00
11,750.00
4,668.00
$74,177.00
The Contractor shall be responsible for all fees associated with
title transfer, taxes and other fees as may be applicable. Title
transfer and payment to the 'City shall take place as outlined in
Paragraph 18.00.
PAGE 18 OF 21
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EXHIBIT C
COLLECTION AND DISPOSAL SERVICE
PROVIDED TO CITY AT NO CHARGE
LOCATION QUANTITY
SIZE
FREQUENCY
PER WEEK
Public Works Service Center 4
Fire Station " 1 1
Fire Station " 2 1
Fire Station " 3 1
Fire Station" 4 1
Animal Shelter 1
Police Station 2
Northside Civic Center 1
Fairmont Civic Center 1
Fireman's Hall 1
Evelyn Kennedy Civic Center 1
Library 1
Lomax Park 1
City Hall 1
Wastewater Treatment Plant 4
E.M.S. Station/Fire Training 1
San Jacinto Pool 1
Little Cedar Bayou Park 1
Northwest Park 1
Bay Forest Golf Course 1
4
4
3
3
3
3
3
4
4
3
4
4
3
4
3
3
3
3
3
6
3
2
1
1
1
3
3
1
3
1
1
1
3
2
2
1
3
3
2
5
SPECIAL EVENTS
Sylvan Beach Day
Main Street Fair
4
3
3
4
4
6
Collection, disposal and modification of number, placement and
frequency of Bin collection shall be governed under Paragraph
3.03 of the Contract.
PAGE 19 OF 21
- - - - .- - - - - - - - - -
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DISCLOSURE OF GUARANTY FUND NONPARIICIPATION NOTICE
In the event the Insurance Company is unable to fulfill
its contractual obligation under this policy or contract
on application or certificate or evidence of coverage,
the policyholder or certificateholder is not protected by
an insurance guaranty fund or other solvency protection
arrangemen t .
. .. - ... ... - .~ .. - - - - .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
'pupoaHues 10YD
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BOND #U1859711
STATI 011 T.XAS
COUNTY or HARRIS
XIIOW ALl, MEN BY THESE PRSSIN'l'S, !bat ~rowni~-Ferris, Inc. .
(ber.tna!~e% cal1~d wPrincipalW),
as Pxlnclpal, and united Pacific Insurance~, a CQ2:po~atlon
o~~anlzed and ex1stin9 und.~ the laws of ~he state of Texas and
authoxized to act .. 5U%ety on bonds fox principalS (he~e1n.ftez
cal1e~ .surety.), as s~%ety, are held an4 fi~sl~ bOQnd unto tha
city of La porte, county of Ha~~1s, State ~! Te~. (here1~aft.~
called the "Ci t'i- ), as Cl ty I in the p~nCll :':~JJ' .)f th;,e hundred
~lfty thousand Dollars ($350,OOO.~) !o~ ~he p~ya(~nt ..,her;c",f:, the
sat4 Prlnelp.l and Surety bln4 thc.s~lvo$, .rd their helrs,
administrators, executors, successors and ~ss1~ns jointly and
aeverally, flxaly by these presents:
WHEREAS I the P~1ncipal h3$ enteraa int~ a ~e~t.1n v~ltten
cont~act with the City, dated th~ 1st day ~f j[qv6IDer I 1990,
fo~ co..ercial and IrAustrial Solie Wa~te collection and
Disposal, which Contract is hereby referred to Jnd eade a pa%t
thereof as if fullY and tc ~he same ~xtent ~opleJ at 1~n9th
hex.1n, consiat1ftg of tho R~Que~t fo~ :~~posa1~ Inst~uction. to
P%opose:s, Proposal, A~fida~1t, 'r~~joftl t~~~1 Contract, Genexal
Specification. in~1~d!n9 Exhibits A, a .n~ ~, an~ any ehanges to
the foregoinq document5 a~%ce~ ~o by the Clty ~~d the Principal.
Provided t however J that the term of this bond is from the 1 t d f
~ . 1~90. until the 310+ day Of.~nhf'T 19 and cana~n~v
l~ b~iende~ whltn the express written consent of th~ Su~tv and the total
la 1 ty 0 t e Surety shall not exceed the penal sum of the bond.
HOW ~ZREFORE, T8K CONOZTt~M ~i THtS O!~IG~TIOM IS SUCH,
that ~f the said P%inclpal .hall f~lthfu~ly pe~fozm the
cond1tlons of the contza~t, f~.. and ~:da~~! all l~~ns ar1s1n9
out of clalas foz labo~1 materIals an~ oth~t ~e:vle~s necessary
for ~he performance of the Cont%~ct, a~e indean1fy and save
bar.less the City fxoa all l~sses, co~~ ~~ da2age that th6 City.
Day suffar by reason of the f.ilu%e of t~e ?rir.aipal'& failure to
40 50, then th1s o~119atlon shal~ ~~ void; othervlse this
obligation shall remal~ in full torce and etf~c~.
Surety, for value r&~eiv8d fr02 ~h~ grincipal, .tlpulates
and agrees that no cha~ge, extensior. oi ccntr4ct t~xm, .It.rat1on
oz a441tlon to th~ ter.s_~: the cont:ac~, 0% other vork pert~~.ed
thezeunder shall 1n anyv~.. affect ~ts c~.lq"tlon on this bond I
and it does hereby walve notlee of any such cha~qe, extension of
tara, alteration or .d~ltion tc th. tc:a~ ~f t~e Contraet, or tha
wo%k to be p8xfor..4 th.r.un4e~.
,&GJC 20 0., 21
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OCT 29 ' 90 13: 30 . SF! W< MNGT
,
P.4
IN WITNESS WHEREOF, the said Princ1pal and Surety have
signe4 ana sealed this instrument this ~_dR of .or....l.p'-- ~
19 go. i srp7- ;l),v@.'.., he.r
B:~
Tl tle D 134-('\'* VV1 "-""-(j-er'
Address 1700 North E
LaPorte, TX 77571
B
Gary D. Eklund
't i tle..Attorn~-j n-fi'lct
Address 5660. New Northside D.ive
Suite 400, A1;.l~. GA 30328
(Seal)
(Sei\l)
The name and addrass of the Resident oi Surety i3;
~1s. B. R. Goodenough, SedgwicK Janes of Texas', Inc.
~.......~_. .
3811 Turtle Creek Blvd, LBl, Dallas, Texas 75219.-4419
~-- -
Counters.igned by:
fj. f, J~J1Wt--
B. R. Goodenoug
Texas Resident !\gent
PAGE 21 OF 21