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HomeMy WebLinkAbout1993-2018 - Ordinance - 06/24/1993ORDINANCE NO. 2018 AN ORDINANCE GRANTING BRYAN IRON AND METAL CO., D/B/A TEXAS COMMERCIAL WASTE, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC WAYS WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING DEMOLITION AND CONSTRUCTION DEBRIS FROM COMMERCIAL, RESIDENTIAL AND INDUSTRIAL SITES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITA- TIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR PERIOD OF GRANT; FOR ASSIGNMENT; FOR METHOD OF ACCEPTANCE; FOR REPEAL OF CONFMCTING ORDINANCES AND FOR PARTIAL INVALIDITY. WHEREAS, the City of. College Sta. tion by ordinance, prov des exc us ve y all solid waste collection and d~sposal services for solid waste generated from within the corporate limits of the City of College Station; and WHEREAS, the City of College Station may, by ordinance and charter, grant franchises to other entities for the use of public streets, alleys and thoroughfares within the corporate limits of CITY and for the collection and disposal of solid waste generated from within the corporate limits of the City of College Station; and WHEREAS, the City of College Station desires to exercise the authority pro- vided to it by ordinance and charter to grant a franchise for the collection and dis- posal of certain solid waste generated from within the corporate limits of the City of College Station; and WHEREAS, the City of College Station hereinafter referred to as "CITY", de- sires to grant this franchise to BRYAN IRON AND METAL CO., d/b/a TEXAS COM- MERCIAL WASTE, hereinafter referred to as "COMMERCIAL WASTE", under the terms of this Agreement as sst out below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT: DEFINITIONS 1. Agreement. This contract between the City of College and COMMER- CIAL WASTE for provision of certain roll-off container serv ce within College Station, under certain terms and conditions set out herein. BVSWMA. Brazos Valley Solid Waste Management Agency. Aisc referred to as 3. City of College Station. Aisc referred to as "CITY" in this Agreement. 4. City Council. Aisc referred to as "Council" denoting the governing body of the City of College Station. 5. Customers. Those industrial, residential, and/or commercial premises located within the CITY that generate demolition/construction debris. Ordinance No. 2018 Page 2 6. Demolition/Construction Debris. Building material waste resulting from demolition, remodeling, repairs, or construction as well as materials discarded dur- ing periodic temporary facility clean-up. 7. Roll-Off Containers. Also referred to as container. That type of solid waste industry container loaded by winch truck. 8. Texas Commercial Waste. Herein after referred to as "COMMERCIAL WASTE". The party contracting with CITY for roll-off container demoli- tion/construction debris collection service. I1. GENERAL DESCRIPTION OF SERVICES TO BE PROVIDED BY COMMERCIAL WASTE For and in consideration of the compliance by CO.MMERCIAL WASTE with the covenants and conditions herein sst forth, and the Ordinances and Regulations of the City governing the collection and disposal of solid waste, CITY hereby grants to .COMMERCIAL WASTE a franchise for use of designated public streets, alleys and thoroughfares within the corporate Ii .re. its of City for the s. ole purpose of engaging, n the business of collecting only demolition and .c..o. nstructlon debr s from commercial, residential and industrial sites within the jurisdictional limits of CITY, as approved by the Director of Public Services or her delegate. II1. AUTHORITY FOR COMMERCIAL WASTE TO PROVIDE SERVICE CITY hereby grants to COMMERCIAL WASTE the privilege to collect from commercial, residential,, and industrial customers within the City limits demolition and construction debris using roll-off containers only. COMMERCIAL WASTE shall serve only those customers approved by the Director of Public services or her delegate. IV. DISPOSAL SITE TO BE USED Unless approved otherwise in writing by CITY, COMMERCIAL WASTE shall utilize the BVSWMA landfill located on Rock Prairie Road, College Station, Texas or any other s..ite designated by CITY and BVSWMA for the r municlpa so d waste d s- posal for d~sposal of all demolition and construction debris collected by COMMER- CIAL WASTE from within the corporate limits of the City of College Station. RATES TO BE CHARGED BY COMMERCIAL WASTE Attached hereto as Exhibit "A" and incorporated herein by reference is the Schedule of Rates which COMMERCIAL WASTE shall charge for the aforementioned services, such Schedule of Rates may be revised periodically and must be submit- ted to the Director of Public Services or her delegate upon each revision and will be attached to the original franchise agreement. Ordinance No. 2018 Page 3 VI. PAYMENTS TO CITY For and in consideration of the use of designated streets, alleys, and thoroughfares as well as in consideration of the covenants and agreements con- tained herein, COMMERCIAL WASTE agrees and shall pay to CITY upon accep- tance of this Agreement and thereafter during the term hereof, a sum equivalent to five percent (5%) of COMMERCIAL WASTE's monthly gross delivery and hauling .revenues generated from COMMERCIAL .WASTE's provision of demoli- tion/construction debris roll-off container collection services within the CITY exclud- ing landfill tipping charges. This exclusion is limited only to the amount SVSWMA COMMERCIAL WASTE .charges for landfill tipping charges Any re.v. enue rece ved Dy COMMERCIAL WASTE in excess of the landfill tipping charges w~ll be, subject to the franchise fee and shall be computed into COMMERCIAL WASTE s monthly ~oss delivery and hauling revenue. Said payment shall be paid quarterly to the TY's Finance Department and shall be due by the twentieth of the month following the end of the previous quarter. Payment after that date shall involve a ten percent F0%) penalty on the outstanding amount owed under this article of the Agreem. ent. allure by COMMERCIAL WASTE to pay amounts due under this article after written notice by CITY, may constitute Failure to Perform under th s contract and CITY may invoke the provisions of Article XVI of this Agreement (FAILURE TO PERFORM). VII. ACCESS TO RECORDS & REPORTING CITY shall have access to COMMERCIAL WASTE's records, billing records of those customers served by COMMERCIAL WASTE and all papers relating to the operation of construction debris collection and disposal with CITY. Access by CITY to .COMM_E_R_C.I.A.L _W_ASTE's records sha be provided to CI.~T~,. upon reasonab e no~ice to COMMERCIAL WASTE during COMMERCIAL WASTE s normal business hours. The following records and reports shall be filed quarterly w~th the Director of Public Services or her delegate: A. Reports of the results of all complaints and investigations received and action taken by COMMERCIAL WASTE. B. A listing of all COMMERCIAL WASTE accounts served and monthly revenue derived from roll-off containers placed in the CITY under the terms of this agr. asment. The reports should nc ude customer's name, address, frequency of p cl(-up, size of container and monthly charges. VIII. PLACEMENT OF ROLL-OFF CONTAINERS All roll-off containers placed for service within CITY shall be located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall COMMERCIAL WASTE place containers on public streets, alleys and/or thorough Ordinance No. 2018 Page 4 fares without the prior approval of the CITY. CITY reserves the right to specify to COMMERCIAL WASTE the exact location of a roll-off container(s) it places for service in CITY. IX. CONTAINER MAINTENANCE COMMERCIAL WASTE agrees to properly maintain as necessary cleaning and painting all roll-off containers placed out for service within CITY. COMPLAINTS REGARDING SERVlCF_./SPILLAGE COMMERCIAL WASTE shall deal with and receive directly any complaints pertaining to service from their roll-off containers customers located within CITY. However, any such complaints received by CITY shall be forwarded to COMMER- CW~_W_AS. TE within twenty four (24) hours.of their receipt by CITY. COMMERCIAL H- snail respond, to all complaints within twenty four (24) hours of receiving no.t. ice of such complaint from CITY and shall report to CITY as to the action taken. Failure by COMMERCIAL WASTE to respond and~ report to {.;I!CITY on action taken within this twenty four (24) hour period may subject COMMERCIAL WASTE to a $25.00 per incident charge fromCITY payable with the next payment due to CITY under Article VI of this Agreement. COMMERCIAL WASTE agrees that during transport all vehicles used by COMMERCIAL WASTE in the removal of demolition and construction debns shall be covered to prevent spillage, blowing, or scattering of refuse onto public streets or properties adjacent thereto. All equipment necessary for the performance of this franchise shall be in good condition and repair. A standby vehicle shall always be available. COMMERCIAL WASTE's vehicles shall at all times b.e clearly marked with COMMERCIAL WASTE's name in letters not less than three (3) inches in height. Xl. OBEISANCE OF LAWS COMMERCIAL WASTE agrees that it shall comply with a aws, policies, rules and regulations of the United States State of Texas, BVSWMA, Brazos County and City of Co ege Station w~th regard to the operation of the landfill and disposal of solid waste, including but not limited to the requirement that all persons on the land- fill premises wear a hard hat. All collections made hereunder shall be made by COMMERCIAL WASTE without unnecessary noise, disturbance, or commotion. XlI. UNDERSTANDINGS PERTAINING TO NON-EXCLUSIVITY it is understood by and between the parties that this Agreement and the Agreement authorizing the collection of recyclable materials executed by and between the parties on the 20th day of August, 1990, constitutes the only agree- ments between the parties, it is further understood and agreed that there are no other agreements between these parties with regard to the disposal of commercial, industrial or residential solid waste in the CITY and that this Agreement does not Ordinance No. 2018 Page 5 authorize COMMERCIAL WASTE to utilize the streets, alleys or public ways to dispose of commercial, industrial, or residential solid waste other than demolition and construction debris. Both parties agree and understand that nothing in this agreement conveys to COMMERCIAL WASTE an exclusive franchise for the services dascnbed in th~s Agreement and that this Agreement ~s non-exclusive. Xlll. OWNERSHIP OF MATERIALS COLLECTED Sole and exclusive title to all demolition and construction debris collected by COMMERCIAL WASTE under this Agreement shall pass to COMMERCIAL WASTE when said debris is placed on ,COMMERCIAL WASTE's truck. XlV. CITY SERVICE COMMERCIAL WASTE agrees to provide free service to CITY during periodic City clean-up campaign and following natural disasters or Acts of God. Said service shall be agreeable to both TEXAS COMMERCIAL and CITY. INTERRUPTION OF SERVICE OR DEFAULT A. Termination in Service. In the event that COMMERCIAL WASTE termi- nates service to ..any customer within the CITY's limit for cause, COMMERCIAL WASTE must notify CITY through registered mail within forty-eight (48) hours of termination and state the cause of such termination. B. Excessive Interruption in Service. If the ~nterruption in service contin- ues for a period of seventy-two (72) hours or more then it may constitute Failure to Perform under th s contract and CITY may invoke the provisions of Article XVI of this Agreement (FAILURE TO PERFORM). XVI. FAILURE TO PERFORM It is expressly understood and agreed by the parties that if at any time COM- MERCIAL WASTE shall fail to perform any of the terms, covenants, or conditions herein set forth, CITY may after a hearing as dascnbed herein, revoke and cancel the Agreement by and between the parties and said Agreement shall be null and void. Upon the determination by the staff of CITY that a heanng should be held before the Council of said CITY, CITY shall mail notice to COMMERCIAL WASTE, at the address designated herein or at such address as may be designated from time to time, by registered mail. The notice shall specify the time and place of the hearing and shall include the allegations being asserted for the revocation of this Agreement. The hearing shall be conducted in public before the City Council and COMMERCIAL WASTE shall be allowed to present evidence and given an opl3ortunity to answer all reasons for the term'net ons set forth n the notice. In the 6vent that the Counc determines that the allegations set forth are true as set forth in the notice it may by majority vote cancel this Agreement between the parties at no penalty to the CITY. Ordinance No. 2018 Page 6 XVlI. INDEMNIFICATION In the event CITY is damaged due to the act, omission, mistake, fault or default of COMMERCIAL WASTE, then COMMERCIAL WASTE shall indemnify and hold CITY harmless for such damage. COMMERCIAL WASTE shall not dispose of any asbestos or other hazardous wastes at the BVSWMA landfill. COMMERCIAL WASTE is to indemnify and hold CITY harmless for any disposal of any prohibited matenal whether intentional or inadvertent. COMMERCIAL WASTE shall indemnify and hold CITY harmless from any and all injuries to or claims of adjacent property owners caused by COMMERCIAL WASTE, its agents, employees, and representatives. COMMERCIAL WASTE agrees to and shall indemnify and hold harmless CITY, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or d. eath of any person, or for damage to any property, arising out of or in connection w~th the work done by COMMERCIAL WASTE under this contract, regardless of whether such ~njuries, death or damages are caused in whole or ~n part by the negligence, includ- ing but not limited to the contractual comparative negligence, concurrent negligence or gross negligence, of CITY. XVlII. INSURANCE COMMERCIAL WASTE shall procure and maintain at its sole cost and expense for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by COMMERCIAL WASTE, its agents, repre- sentatives, volunteers, employees or subcontractors. COMMERCIAL WASTE's insurance coverage shall be primary insurance with respect to the CITY, its officials, employees and volunteers. Any insurance or self- insurance maintained by the CITY, its officials, employees or volunteers shall be considered in excess of the COMMERCIAL WASTE's insurance and shall not con- tribute to it. COMMERCIAL WASTE shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the require- ments stated herein. Certificates of Insurance and endorsements shall be furnished to CITY and approved by CITY before work commences. Ordinance No. 2018 Page 7 A. STANDARD INSURANCE POLICIES REQUIRED Commercial General Uability Policy Automobile Uability Policy Worker's Compensation Policy B. GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES 1. General Liability and Automobile Uability insurance shall be written by a carrier with a A better rating in accordance with the current Best Key Rating Guide. 2. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted. 3. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. 4. Claims Made Policies will not be accepted. 5. The City of College Station, its officials, employees and volun- teers are to be added as "Additional Insured" to the General Uability and the Auto- mobile Uability policies. The coverage .s. hall contain no special limitations on the scope of protection afforded to the CITY, ~ts officials, employees or volunteers. 6. A Waiver of Subrogation in favor of the City of College Station with respect to the General Liability, Automobile Uability, and Workers' Compensa- tion insurance must be included. 7. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of College Station. 8. Upon request, certified copies of all insurance policies shall be furnished to the City of College Station. C. COMMERCIAL GENERAL LIABILITY 1. Mimmum Combined Single Umit of $1,000,000 per occurrence for Bodily Injury and Property Damage. 2. Coverage shall be at least as broad as Insurance serv~ce's Office form number CG OO OI. 3. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. Ordinance No. 2018 Page 8 D. AUTOMOBILE LIABILITY 1. Minimum Combined Single Umit of $1,000,030 per occurrence for Bodily Injury and Property Damage. 2. The Business Auto Policy must show Symbol I in the Covered Autos Portion of the liability section in Item 2 of the declarations page. E. WORKERS' COMPENSATION required. 1. Employer's Liability limits of $500,000/$500,000/ $500,000 are 2. City of College Station shall be named as Alternate Employer on endorsement WC 99 03 OI unless written through TWCARP. 3. Texas Waiver Of Our Right To Recover From Others Endorse- ment, WC 42 03 04 shall be included in this policy. 4. Texas must appear in Item 3A of the Workers' Compensa- tion coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, WY. F. CERTIFICATES OF INSURANCE 1. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions represent- ing and warranting the following: The company is I~censed and admitted to do business in the State of Texas. The insurance sst forth by the insurance company are underwritten on forms which have been approved by the Texas State Board of Insurance or ISO. Sets forth all endorsements as required above and insur- ance coverages as previously set forth herein. do Shall specifically set forth the notice of cancellation termination, or change in coverage provisions to the City of College Station. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. Ordinance No. 2018 Page 9 XlX. ASSIGNMENT This Agreement and the rights and obligations contained herein may not be COMMERCIAL WASTE without the specific prior written approval of the assigned by City Council. SAFETY COMMERCIAL WASTE shall perform the collection in accordance with appli- cable laws, codes, ordinances and regulations of the United States, State of Texas, Brazos County, and City of College Station and in compliance with OSHA and other laws as they apply to its employees. It is the intent of the parties that the safety pre- cautions are a part of the collection techniques for which COMMERCIAL WASTE is solely responsible. In the carrying on of the work herein provided for, COMMER- CIAL WASTE shall use all proper skill and care, and COMMERCIAL WASTE shall exercise all due and proper precautions to prevent injury to any property, person or persons. COMMERCIAL WASTE assumes responsibility and liability and hereby agrees to indemnify the City of College Statio..n from any liability caused by COM- MERCIAL WASTE's failure to comply with appl~ceble federal, state or local laws and regulations, touching upon the maintenance of a safe and protected working envi- ronment, and the safe use and operation of machinery and equipment in that work- ing environment. XXI. AD VALOREM TAXES COMMERCIAL WASTE agrees to render allpersonal property utilized ~n its solid waste operation services provided to Brazos County Appraisal District so that said personal property will be the subject of ad valorem taxation for the benefit of CITY. XXlI. NOTICES All notices required under the terms of this Contract to be given by either party to the other shall be in writing, and unless otherwise specified in writing by the respective parties, shall be sent to the parties at the addresses following: CITY: City of College Station P.O. Box 9960 College Station, Texas 77842 COMMERCIAL WASTE: Texas Commercial Waste 2011 Hwy21 Bryan, Texas 77803 All notices shall be deemed to have been properly served only if sent by Registered or Certified Mail, to the person(s) st the address designated as above Ordinance No. 2018 Page 10 provided, or to any other person at the address which either party may hereinafter designate by written notice to the other party. XXlII. AMENDMENTS it is hereby understood and agreed by the parties to this Agreement that no alternation or variation to the terms of this Agreement shall be made unless made in writing, approved by both parties, and attached to this Agreement to become a part hereof. XXN. SEVERABILITY If any section, sentence, clause or paragraph of this Ordinance is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of the Ordinance. AUTHORIZATION TO EXECUTE The parties signing this Agreement shall provide adequate proof of their authority to execute this Agreement. This Agreement shall inure to the benefit and be binding upon the parties hereto and their respective successors or assigns, but shall not be assignable by either party without the written consent of the other party. XXVl. TERM OFAGREEMENT The term of this Agreement shall be for a period of two (2) years beginning on the 1st day of April, 1993. This Agreement shall automatically renew and shall con- tinue in full effect upon the expiration of two years unless either party gives written notice by registered mail within sixty (60) days prior to the termination date. If the two years expired and this agreement was automstically renewed t.e. rmination by either party may only be proper upon written notice by register mail within sixty (60) days prior to the intended termination date. XXVlI. ACCEPTANCE OF AGREEMENT That COMMERCIAL WASTE shall have sixty (60) days from and after the final passage and approval of this Ordinance in accordance with Charter section 120 to file ~ts written acceptance thereof with the City Secretary, and upon each acceptance being filed, this Ordinance shall take effect and be in force from and after the date of its acceptance, and shall effectuate and make binding the agreement provided by the terms hereof. Ordinance No. 2018 Page 11 XXVlII. PUBLIC HEARING It is hereby found and determined that the meetings et which this ordinance was passed were open to the public, as required by Article 6252-17, V.A.T.C.S., and that advance public notice of time, place, and purpose of said meetings was given. PASSED, ADOPTED and APPROVED by unanimous vote of the City Council of the City of College Station on this the 24th day of June, 1993. Mayor Pro Tem Fred Brown First Consideration & Approval: Second Consideration & Approval: Third Consideration & Approval: May 27, 1993 June 10, 1993 June 24, 1993 LETTER OF ACCEPTANCE OF FRANCHISE This Letter will serve as our formal acceptance of the terms and conditions of the franchise agreement granted to BRYAN IRON AND METAL COMPANY, d/b/a TEXAS COMMERCIAL WASTE, on June 24, 1_993, by the City of College Station by enactment of Ordinance No. 2..m_~.__ for within the the privile~.e .a. nd use of public streets, alleys and public ways corporate limits of the City of College Station for the purpose of engaging ~n the business ..of collecting demotion and construction debris from com- mercial, residential and industrial sites. This ordinance takes effect on its passage and acceptance by this letter and has a term for two (2) years, subject to renewal. I acknowledge that failure to file this wr~en acceptance with the City Sec- ratary within the number of days provided for acceptance in the franchise will result in expiration of the franchise. BRYAN IRON AND METAL COMPANY, d/b/a ~E~]~,~OMMERCIAL WASTE p/~/btymron ROLL OFF CONTAINER FEE SCHEDULE DELIVERY FEE 20 yard container $25.00 30 yard container - $25.00 40 yard container - $25.00 per delivery per delivery per delivery DUMPING FEE 20 yard container $75.00 30 yard container $75.00 40 yard container - $75.00 per dump per dump per dump