HomeMy WebLinkAbout2015-3710 - Ordinance - 10/22/2015 ORDINANCE NO. 20/5-.3710
RECYCLING COLLECTION FRANCHISE AGREEMENT&
GENERAL SERVICE AGREEMENT
AN ORDINANCE GRANTING CCAA, LLC D/B/A BRAZOS VALLEY RECYCLING ITS SUCCESSORS AND
ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS,
ALLEYS,AND PUBLIC RIGHT OF WAYS WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE
STATION ("CITY") FOR THE PURPOSE OF PROVIDING COLLECTION OF RECYCLABLE MATERIALS
FROM DESIGNATED CITY FACILITIES, CITY BUILDINGS, AND SINGLE FAMILY RESIDENTIAL
HOMES. PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER
WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE
PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL
OF CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY.
WHEREAS, the City, by ordinance, exclusively provides all solid waste collection and disposal
services for solid waste aggregated from within the City limits including, but not limited to
Recyclable Materials; and
WHEREAS,the City pursuant to City Charter Article XI, may grant franchises to entities for use of
public streets, alleys, and highways for collection Recyclable Materials generated in City limits;
and
WHEREAS,the City of College Station desires to exercise the Charter's authority and grant a non-
exclusive franchise to CCAA, LLC d/b/a Brazos Valley Recycling for collection of certain Recyclable
Materials generated from designated City Facilities, City Buildings, and Single Family Residential
Homes in City limits; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS,THAT:
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Table of Contents
Article I. Definitions 4
Article II. Recycling Services 5
Article III. Payment and Term 5
Article IV. Grant of Authority and Acceptance 6
Article V. Non-Exclusive Franchise 6
Article VI. Violation and Penalty 7
Article VII. Independent Contractor 7
Article VIII. Insurance 7
Article IX. Indemnification and Release 7
Article X. Disputes and Mediation 8
Article XI. General Terms 9
Exhibit A. Scope of Services 13
1. Recyclable Materials Collection Services 13
2. Collection Procedures 13
3. Collection and Transport of Recyclables 14
4. Appearance of Equipment and Personnel .. 15
5. Processing and Marketing 15
6. Reporting Requirements 15
7. Service Adjustments 16
8. Responsibility for Receptacle, Equipment, & Access 16
9. Receptacle Replacement or Repair Cost 16
10. Inspection of Records and Operations 16
11. Complaints Regarding Service 17
12. Termination of Individual Service 17
Exhibit B. Insurance Requirements 18
I) Standard Insurance Policies Required: 18
II) General Requirements Applicable to All Policies• 18
III) Commercial General Liability 18
IV) Business Automobile Liability 19
V) Workers' Compensation Insurance 19
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VI) Title 28, Section 11O.110(c) (7) 20
Exhibit C. Certificates of Insurance 23
Exhibit D. Recyclable Materials Collected 24
Accepted Materials 24
Exhibit E. Collection Method 25
Exhibit F. Collection Schedule 26
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ARTICLE I. DEFINITIONS
1.1 Agreement means this Franchise Ordinance and Service Agreement adopted by City
Ordinance between City and Contractor for the collection of Recyclable Materials within the City
limits.
1.2 Approved Number of Customers means the maximum number of Single Family
Residential Homes, City Buildings, and City Facilities served, which is determined by the City's
Representative based on Utility Billing Reports.
1.3 Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA, Inc.) or Twin Oaks
Landfill means the permitted municipal solid waste landfill owned and operated by a Texas local
government corporation.
1.4 City Council or Council means the governing body of the City of College Station, Texas.
1.5 City means the City of College Station, a Texas Home Rule Municipal Corporation.
1.6 City's Representative means the Recycling& Environmental Compliance Manager or their
designated appointee.
1.7 Collection means the scheduled aggregation of recyclables by Contractor.
1.8 Contaminated means recyclable materials mixed with solid waste or is altered in a way
that has become unrecyclable.
1.9 Contractor means the Contractor who is franchised for the collection of recyclable
materials.
1.10 Customers mean the locations designated by the City as a City Building or Facility and
Single Family Residential Homes.
a. Single Family Residential Home means:
i. Each residential unit in a building with less than a total of four (4) attached
residential units in a complex that has been assigned a shared three hundred
(300) gallon or larger automated solid waste collection container,that has not
been identified as a multi-family apartment complex by the City, and provided
with twice per week garbage collection, once per week curbside recycling
collection, and once per week rubbish/brush collection.
ii. Each single-family detached residential unit or residential units in a building
with less than a total of four (4) attached residential units in a complex where
each residential unit has been assigned a seventy (70) gallon automated solid
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waste container and provided with garbage, rubbish, and recycling collection
once weekly.
1.11 Receptacle means a weatherproof container easily identifiable and designated for
recycling collection.
1.12 Recyclables or Recyclable Materials mean materials recovered from the solid waste
stream for the purpose of reuse or reclamation, a substantial portion of which is consistently
used in the manufacture of products that may otherwise be produced using raw or virgin
materials. Recyclable materials are not solid waste unless they are abandoned or disposed of as
garbage rather than reprocessed into another product. Specifically as described in Exhibit A.
1.13 Residue means the materials regularly associated with and attached to recyclable
materials, as a part of the original packaging or usage of that material that is not recyclable.
1.14 TAC means the Texas Administrative Code now and as amended.
1.15 TCEQ means the Texas Commission on Environmental Quality.
ARTICLE II. RECYCLING SERVICES
This Agreement is by and between the City of College Station, a Texas Home-Rule Municipal
Corporation and CCAA, LLC d/b/a Brazos Valley Recycling to collect, transport, process, and
recycle all Recyclable Materials generated by Customers as described in the Scope of Services
attached as Exhibit A.
ARTICLE III. PAYMENT AND TERM
3.1 Consideration. In consideration for the services performed in the Scope of Services
Contractor's completion of the services in conformity with this Agreement the City shall
pay the Contractor an amount not to exceed $840,283.20.
3.2 City Buildings and Facilities. City shall pay Contractor for recycling collection, $3.18 per
month per approved City Building or Facility.
3.3 Single Family Residential Home. City shall pay Contractor for recycling collection $3.18
per month per approved Single Family Residential Home.
3.4 Payment Application. The Contractor will invoice the City monthly for recycling
collection. The City will pay the Contractor's invoice within thirty (30) after receipt
according to the Texas Prompt Payment Act.
3.5 City's Payment and Approval. The City will pay Contractor for the services performed no
later than thirty (30) calendar days from the date of the City's receipt of the payment
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application and the City's approval of the services. If any amount due from the City is not
paid within sixty (60) days after Contractor's invoice date, Contractor may, with written
notice and without terminating this Agreement, suspend collecting and processing of
Recyclable Materials until the City has paid any undisputed amount to Contractor.
3.6 Invoice Requirements. Invoices must state on a form approved by the City:
a. The number and type of Customers collected for the previous month
b. The per Customer charge
c. The total invoice amount
3.7 Term. The initial term of the Agreement is for two (2) years with the option to renew for
three (3) additional one (1) year terms for a total of five (5) years. Any renewal must be
in writing and executed by the parties.
ARTICLE IV. GRANT OF AUTHORITY AND ACCEPTANCE
4.1 City grants Contractor a non-exclusive franchise to operate and establish recycling
collection from designated Customers. Nothing in this Agreement shall be construed as
granting an exclusive franchise or right.
4.2 City grants Contractor passage and rights-of-way on, along, and across City streets,
highways, alleys, public places and all other real property for recycling collection. All
collection, work, activity, and undertakings by Contractor are subject to this Agreement
and City's governmental and police powers.
4.3 By accepting this Agreement, Contractor represents it has, by careful examination,
satisfied itself as to the nature and location of the services, character, quality, and
quantity of services performed, the character of the equipment and facilities necessary
to fulfill obligations under this Agreement, as well as the general and local conditions and
all other matters affecting services performed under this Agreement.
ARTICLE V. NON-EXCLUSIVE FRANCHISE
5.1 This Agreement is a non-exclusive franchise recycling as described in this Agreement. The
City many enter into a contract with another entity for the collection, processing, and
disposal of solid waste or Recyclable Materials not covered by the terms of this
Agreement. If City develops services or programs resulting other materials that may be
recycled, including but not limited to multifamily or commercial recycling, the City shall
have the option to market those to any contractor.
5.2 If City and Contractor contract for the collection and recycling of additional materials,
those terms will be incorporated into this Agreement with an amendment.
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ARTICLE VI. VIOLATION AND PENALTY
6.1 Fine. Any person, firm or corporation violating any provision or term of this Agreement
shall receive a citation and fine not to exceed $2,000.00 per offense per day. Each and
every day a violation continues constitutes a separate offense.
6.2 Complaint Charges. Upon receipt of ten (10) Customer complaints within a forty-five(45)
day period, Contractor shall be assessed a charge of One Hundred Fifty Dollars ($300.00).
Complaints are to be verified by the Contractor and the City's Representative. The
charges shall be deducted from the Contractor's monthly invoice.
6.3 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights
the City may possess at law or equity, the City reserves the right to apply any remedies,
alone or in combination, in the event Contractor violates any provision of this Agreement.
The remedies provided for in this Agreement are cumulative and not exclusive; the
exercise of one remedy shall not prevent the exercise of another, or any rights of the City
at law or equity.
ARTICLE VII. INDEPENDENT CONTRACTOR
7.1 Independent Contractor. The Contractor is an independent contractor retained for the
services described in the Scope of Services. The City will not control the manner or the
means of the Contractor's performance. The City shall be entitled to a work product as
described in the Scope of Services. The City will not be responsible for reporting or paying
employment taxes or other similar levies required by the United States Internal Revenue
Service or other State or Federal agencies. This Agreement does not create a joint venture
or partnership.
ARTICLE VIII. INSURANCE
8.1 The Contractor shall procure and maintain, at its sole cost and expense for the term of
this Agreement, insurance against claims for injuries to persons or damages to property
that may arise from or in connection with the performance of the services performed by
the Contractor, its agents, representatives, volunteers, employees, or subcontractors.
8.2 The Contractor's insurance shall list the City of College Station, its employees, volunteers,
and officials as additional insureds. The Required Limits of Insurance are attached in
Exhibit B. Certificates of insurance evidencing the required insurance coverages are
attached in Exhibit C.
ARTICLE IX. INDEMNIFICATION AND RELEASE
9.1 Indemnification. Contractor shall indemnify, hold harmless, and defend the City, its
officers, agents, volunteers, and employees from and against any and all claims, losses,
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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 death of any person or for
damage to any property arising out of or in connection with the work and services done
by the Contractor under this Agreement. Such indemnity shall apply regard less of
whether the claims, losses, damages, causes of action, suits, or liability arise in whole
or in part from the negligence of the City, any other party indemnified hereunder, the
Contractor, or any third party.
9.2 Release. The Contractor assumes full responsibility for the work to be performed
hereunder and hereby releases, relinquishes, and discharges the City, its officers,
agents, volunteers, and employees from all claims, demands, and causes of action of
every kind and character, including the cost of defense thereof, for any injury to or
death of any person and any loss of or damage to any property that is caused by,alleged
to be caused by, arising out of, or in connection with the Contractor's work and services
to be performed hereunder. This release shall apply regardless of whether said claims,
demands, and causes of action are covered in whole or in part by insurance and
regardless of whether such injury, death, loss,or damage was caused in whole or in part
by the negligence of the City, any other party released hereunder, the Contractor, or
any third party.
ARTICLE X. DISPUTES AND MEDIATION
10.1 Disputes. If dispute between City and Contractor arises during this Agreement, the
dispute shall first be referred to the operational officers or representatives designated by
the parties having oversight of the administration of this Agreement. The officers or
representatives shall meet within thirty (30) days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to achieve a
resolution of the dispute.
10.2 Mediation. If the parties not able to resolve the dispute under the procedure in this
article,then the parties agree the matter shall be referred to non-binding mediation. The
parties shall mutually agree upon a mediator to assist in resolving their differences. If the
parties cannot agree upon a mediator, the parties shall jointly obtain a list of three (3)
mediators from a reputable dispute resolution organization and alternate striking
mediators on that list until one remains. A coin toss shall determine who may strike the
first name. If a party fails to notify the other party of which mediator it has stricken within
two (2) business days, the other party shall select the mediator from those mediators
remaining on the list. The parties shall pay their own expenses of any mediation and will
equally pay for the mediator's services.
10.3 Other Remedies. If the parties fail to achieve a resolution of the dispute through
mediation, either party may then pursue any available judicial remedies.
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ARTICLE Xl. GENERAL TERMS
11.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all
the services described in the Scope of Services in a professional manner and be fully
qualified and competent to perform those services. Contractor shall undertake the work
and complete it in a timely manner.
11.2 Termination.
a. For Convenience. At any time, the City may terminate this Agreement for
convenience, in writing with thirty (30) days' notice. Contractor shall be
compensated for the services performed. In the event that the City terminates this
Contract for convenience,the City shall pay Contractor for the services performed
and expenses incurred before the termination date.
b. For Cause. City also may terminate this Agreement if Contractor materially
breaches or otherwise fails to perform, comply with or otherwise observe any of
the terms and conditions of this Agreement, or fails to maintain all required
licenses and approvals from federal, state, and local jurisdictions, and fails to cure
such breach or default within thirty (30) days of City providing Contractor written
notice, or, if not reasonably capable of being cured within thirty (30) calendar
days, within such other reasonable period of time upon which the parties may
agree.
c. Hearing. This Agreement shall not be terminated except upon a majority vote of
the City Council, after giving reasonable notice to Contractor. The Contractor will
have an opportunity to be heard, provided if exigent circumstances necessitate
immediate termination, the hearing may be held as soon as possible after the
termination.
11.3 Venue. This Contract has been made under and shall be governed by the laws of the State
of Texas. The parties agree that performance and all matters related thereto shall be in
Brazos County, Texas.
11.4 Amendment. This Agreement may only be amended by written instrument approved and
executed by the parties.
10.5 Taxes. The City is tax exempt and is not responsible for the payment of any taxes.
11.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and
local statues, regulations, ordinances, and other laws, including but not limited to the
Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the
labor or services of an undocumented worker. The Contractor, not the City, must verify
eligibility for employment as required by IRCA.
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11.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this
Contract shall be deemed or construed to be a waiver of deferral of any other term or
condition or subsequent waiver or deferral of the same term or condition.
11.8 Assignment. This Agreement and the rights and obligations contained herein may not be
assigned by the Contractor without the prior written approval of City.
11.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court of competent jurisdiction finds that any provision of this
Agreement is invalid or unenforceable, and if limiting that provision the Agreement may
become valid and enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
11.10 Entire Agreement. This Agreement represents the entire and integrated agreement
between the City and Contractor and supersedes all prior negotiations, representations,
or agreements, either written or oral.
11.11 Agree to Terms. The parties' state they have read the terms and conditions of this
Agreement and agree to the terms and conditions. Contractor shall evidence its
unconditional written acceptance of all the terms and conditions of this Agreement by
the execution of this Agreement.
11.12 Effective Date. According to City Charter, Section 105, after passage, approval and legal
publication of this Agreement as provided by law, and provided it has been duly accepted
by Contractor as herein above provided, this Agreement shall not take effect until sixty
(60) days after its adoption on its second and final reading.
11.13 Notice. Any official notice under this Agreement will be sent to the following addresses:
City of College Station CCAA, LLC d/b/a Brazos Valley Recycling
Attn: Heather Woolwine Attn: Charles Mancuso
PO BOX 9960 8825 Stewarts Meadow
1101 Texas Ave College Station, TX 77845
College Station, TX 77842 werentit@msn.com
hwoolwine@cstx.gov
11.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this
Agreement for all purposes.
A. Scope of Services
B. Insurance Requirements
C. Certificates of Insurance
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D. List of Recyclable Materials
E. Collection Method
F. Collection Schedule
11.15 Public Meetings and Readings. This Agreement was passed adopted and approved
according to Texas Government Code Chapter 551.
a. First Consideration &Approval on the 8th day of October, 2015.
b. Second Consideration &Approval on the 22nd day of October, 2015.
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PASSED,RADOPTED, and APPROVED by the City of College Station City Council on the nd
day of , _ 2015.
CCAA, LLC D/B/ BRAZOS VALLEY RECYCLING CITY OF COLLEGE STATION
By: By: - 'A ' "` --
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Printed Name: /6
Title: /� Date: 10'2' /5'
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APPROVED:
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D. List of Recyclable Materials
-E. Collection Method
F. Collection Schedule
11.15 Public Meetings and Readings. This Agreement was passed adopted and approved
according to Texas Government Code Chapter 551.
a. First Consideration &Approval on the 8th day of October, 2015.
b. Second Consideration &Approval on the 22nd day of October, 2015.
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EXHIBIT A. SCOPE OF SERVICES
1. Recyclable Materials Collection Services
a. Services. Contractor shall collect, remove, transport, process, market, and recycle all
Recyclable Materials generated by Customers according to Exhibit D.
b. Receptacles. Contractor shall provide at the Contractor's cost and use collection
receptacles with the approved specifications in this Agreement. Contractor shall maintain
an inventory of at least 3,000 receptacles at Contractor's facility.
c. Duties. Contractor shall provide all reasonable, adequate, and necessary supervision,
supplies, materials, equipment, labor, insurance, licenses, and permits to fulfill all
obligations under this Agreement.
2. Collection Procedures
a. Notification. The City shall be responsible for educating Customers on recycling collection
procedures. Notification materials shall be provided at Contractor's expense.
b. Placement of Receptacles. Under no circumstances shall receptacles be placed on public
streets, alleys, or thoroughfares without the City's Representative's approval. Contractor
shall provide receptacles to Customers within one week of receiving an order request
from a Customer or the City Representative. Contractor shall remove receptacle(s)within
one week of receiving an order request from a Customer or City Representative.
c. Collection. Contractor shall collect the receptacles containing Recyclable Materials
placed on the curb in Customer location. Contractor shall use open bed trucks, trailers,
compaction trucks, fully automated, semi-automated, or any combination for the
collection of the Recyclable Materials.
d. Collection Schedule. Contractor shall collect Recyclable Materials according to the
Collection Schedule attached in Exhibit F. The Collection Schedule must be approved by
the City. Contractor may only collect Recyclable Materials according to the Collection
Schedule, unless a change is approved in writing by the City's Representative. If change
is approved, Contractor must provide notice to each designated Customer at its expense
and in a manner approved by the City's Representative. The schedule shall divide the City
into five (5) areas and provide a collection route for each area.
e. Collection Times. Collection of Recyclable Materials may not start before 8:00 a.m. and
must complete collection by 5:00 p.m. In no event shall Contractor perform collection
activities between 8:00 p.m. and 8:00 a.m. Contractor shall notify the City's
Representative within one (1) hour of any delay in the collection process. Notice of a
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delay must be accompanied by Contractor's proposal for completing the scheduled work
within a reasonable time. The proposal must be approved by the City's Representative.
f. City Holidays. When scheduled collection day falls on an official City holiday recognized
by the City's Sanitation Division, recycling collection may be postponed by one (1) day.
When a scheduled collection is postponed due to the observance of a holiday, the City
shall notify the affected Customers of the holiday and shall notify the affected customers
of their make-up collection date. Notice shall occur no less than forty-eight (48) hours in
advance of the observed holiday and shall be approved in advance by the City's
Representative. A holiday collection schedule shall be provided six (6) months in advance
to the Contractor.
g. Force Majeure. Neither party shall be liable or responsible to the other party for any
delay,damage, loss,failure, or inability to perform caused by Force Majeure.Such request
shall be accompanied by Contractor's proposal for completing scheduled work within a
reasonable time frame. Said request shall be subject to approval by the City's
Representative.
a. The term Force Majeure shall include the following: an act of God, strike, act of a
public enemy, war, mines or other items of ordinance, blockage, public rioting,
lightning, fire, storm, hurricane, flood, explosions, inability to obtain materials,
supplies, labor permits, servitudes, or rights of way, acts or restraints of any
governmental authority, epidemics, landslides, lightning storms, earthquakes,
washouts, arrests, restraints of rulers and peoples, civil disturbances, breakage or
accident to machinery or lines of equipment, temporary failure of equipment,
freezing of equipment, and any other cause, whether of the kinds specifically
enumerated above or otherwise, which is not reasonably within the control of the
parties and which by the exercise of due diligence could not reasonably be
prevented or overcome. Events reasonably within the control of the party having
the difficulty shall not constitute "force majeure" and shall be remedied with the
exercise of due diligence.
3. Collection and Transport of Recyclables
a. Transport. The Contractor shall only transport collected Recyclable Materials for storage,
processing, disposal, or other necessary handling to locations in a manner permitted by
the terms of this Agreement as well as federal, state, and local law. This Agreement does
not authorize Contractor to utilize the streets, alleys, and public ways to dispose of
municipal solid waste intended for disposal or any other type of waste from any other
project.
b. Cover. During transport of Recyclable Materials all vehicles shall be covered to prevent
release of litter.
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4. Appearance of Equipment and Personnel
a. Equipment. Contractor shall ensure all collection equipment and vehicles are attractively
painted, well maintained and are in good working condition. Equipment must be washed
at least one time per week. Equipment and vehicles must have sufficient carrying capacity
for safe and efficient Recyclable Materials collection Customers. The City shall have the
right to inspect and approve the appearance of recycling collection equipment. A standby
vehicle shall be available at all times for Recyclable Materials collection.
b. Signage. Contractor's vehicles shall at all times be clearly labeled with Contractor's name
and phone number in visible letters and numbers not less than three (3) inches in height.
Signage must be on both sides of the vehicle and placed in a conspicuous place. Only
labeled vehicles shall perform collection activities under this Agreement.
c. Personnel. All collection personnel shall wear a City approved uniform to include, at
minimum, matching labeled shirts with denim jeans or other standard work pants.
5. Processing and Marketing
a. Marketing and Processing. Contractor is responsible for the marketing and processing
costs/returns of all Recyclable Materials All Recyclable Materials must be processed at
certified, registered,or permitted recycling vendors, processing facilities, brokers,toll end
users, material recovery facilities, or recycling manufacturers..
b. Disposal. In no case shall any uncontaminated Recyclable Materials be disposed in a
landfill.
6. Reporting Requirements
a. Activity Report. With the monthly invoice Contractor shall provide a Monthly Recycling
Activity Report, on a form approved by the City, summarizing the previous month's
collection. Contractor's report shall include the following information:
i. The Customer collection count, itemized by customer type, collection day, and
route
ii. Total tonnage of all Recyclable Materials collected, itemized by type of material
iii. Total tonnage of all Recyclable Materials collected, but not sold due to rejection
and the disposition of those materials
iv. Copy of weight tickets from all forms of processing site(s) in accordance with "5.
Processing and Marketing"
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v. Reports of all complaints and investigations concerning the collection of
Recyclable Materials and the actions taken by Contractor in response to
complaints
vi. Any other information concerning the recycling collection as required by the City's
Representative
7. Service Adjustments
Changes in service including the type and size equipment, the frequency or service type, and
rates may be amended in writing by the parties.
8. Responsibility for Receptacle, Equipment, &Access
Contractor furnished receptacles or equipment will remain Contractor's property. Customers
shall only use the receptacle(s) for its proper and intended purpose and shall not overload (by
weight or volume) or alter the receptacle. Customers shall provide safe and unobstructed access
to the receptacles or equipment on the scheduled collection day.
9. Receptacle Replacement or Repair Cost
If the Customers' receptacle is lost, stolen, damaged, or destroyed, Contractor will determine the
repair or replacement cost based on new model prices. The repair or replacement cost will
include all part(s), decals, complete container(s), repair, and labor. If it is determined a Customer
intentionally or negligently damages the Contractor's receptacles or equipment then the
Customer may be invoiced by the City for the damages. It is the Customer's responsibility to file
police reports for stolen or vandalized containers.
10. Inspection of Records and Operations
a. Facilities. The City shall have the right to inspect the facilities, equipment, personnel, and
operations of the Contractor to investigate compliance with this Agreement.
b. Records. The City shall have the right to inspect Contractor's records, receipts, and all
documentation relating to the performance of this Agreement.Those records include, but
not limited to information concerning the quality and quantity of Recyclable Materials
collected, processed, and sold; number Customers served,gross amounts paid to and paid
by Contractor from the sale/processing of Recyclable Materials, as well as amounts paid
by Contractor for recycling collection equipment.
c. Records Retention. Contractor shall retain all records associated with this agreement for
a period of four (4) years. City shall have access to information regarding Contractor's
markets and prices paid for each type of material's return/cost; all information obtained
by City shall remain confidential according to the Texas Open Records Act. The City agrees
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to notify the Contractor at least twenty-four (24) hours prior to such inspection of
operations and/or records.
11. Complaints Regarding Service
a. Intake. Contractor shall make practices and procedures for receiving and resolving
Customer complaints and collection issues. Any complaint received by the City shall be
forwarded to the Contractor within one(1) business day of receipt. Any missed collection,
whether real or alleged, shall be the collection responsibility of the Contractor.
b. Response. Contractor shall respond to all complaints within one (1) business day of
receiving a complaint from a Customer or notice of complaint from the City. Regardless
of the nature of the complaint, Contractor shall report the action taken to the City in
accordance with section "6. Reporting Requirements"
12.Termination of Individual Service
In the event that Contractor wants to terminate service to any Customer, Contractor must send
a written request and state the reason for termination to the City's Representative. The City's
Representative shall have the right to review such request for a period of five (5) business days.
The City's Representative shall make the final determination regarding any termination of
individual service.
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EXHIBIT B. INSURANCE REQUIREMENTS
Throughout the term of this Agreement the Contractor must comply with the following:
I) Standard Insurance Policies Required:
A) Commercial General Liability
B) Business Automobile Liability
C) Workers' Compensation
II) General Requirements Applicable to All Policies:
A) Certificates of Insurance shall be prepared and executed by the insurance company or its
authorized agent.
B) Certificates of Insurance and endorsements shall be furnished on the most current State
of Texas Department of Insurance-approved forms to the City's Representative at the
time of execution of this Agreement; shall be attached to this Agreement as Exhibit C;
and shall be approved by the City before work begins.
C) Contractor shall be responsible for all deductibles on any policies obtained in compliance
with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are
acceptable on a per-occurrence basis only.
D) The City will accept only Insurance Carriers licensed and authorized to do business in the
State of Texas.
E) The City will not accept "claims made" policies.
F) Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability
before thirty (30) days written notice has been given to the City.
Ill) Commercial General Liability
A) General Liability insurance shall be written by a carrier rated "A: VIII" or better under the
current A. M. Best Key Rating Guide.
B) Policies shall contain an endorsement naming the City as Additional Insured and further
providing "primary and non-contributory" language with regard to self-insurance or any
insurance the City may have or obtain.
C) Limits of liability must be equal to or greater than $500,000 per occurrence for bodily
injury and property damage,with an annual aggregate limit of$1,000,000.00. Limits shall
be endorsed to be per project.
D) No coverage shall be excluded from the standard policy without notification of individual
exclusions being submitted for the City's review and acceptance
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E) The coverage shall include, but not be limited to the following: premises/operations with
separate aggregate; independent contracts; products/completed operations; contractual
liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal &
Advertising Liability.
IV) Business Automobile Liability
A) Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or
better rating under the current A. M. Best Key Rating Guide.
B) Policies shall contain an endorsement naming the City as Additional Insured and further
providing "primary and non-contributory" language with regard to self-insurance or any
insurance the City may have or obtain
C) Combined Single Limit of Liability not less than$1,000,000 per occurrence for bodily injury
and property damage.
D) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability
section in Item 2 of the declarations page
E) The coverage shall include any autos, owned autos, leased or rented autos, non-owned
autos, and hired autos.
V) Workers' Compensation Insurance
A) Pursuant to the requirements set forth in Title 28, Section 1 10.1 10 of the Texas
Administrative Code, all employees of the Contractor, all employees of any and all
subcontractors, and all other persons providing services on the Project must be covered
by a Workers' Compensation policy, either directly through their employer's policy (the
Contractor's or subcontractor's pol icy) or through an executed coverage agreement on
an approved Texas Department of Insurance Division of Workers Compensation (DWC)
form. Accordingly, if a subcontractor does not have his or her own policy and a coverage
agreement is used, contractors and subcontractors must use that portion of the form
whereby the hiring contractor agrees to provide coverage to the Subcontractors'
employees. The portion of the form that would otherwise allow them not to provide
coverage for the employees of an independent contractor may not be used.
B) Workers compensation insurance shall include the following terms:
1) Employer's Liability minimum limits of liability not less than $500,000 for each
accident/each disease/each employee are required
2) "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall
be included in this policy
3) TEXAS must appear in Item 3A of the Workers' Compensation 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, and WY"
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VI) Title 28, Section 110.110(c) (7)
A) Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas
Administrative Code,the bid specifications,this Agreement,and all subcontracts on this
Project must include the following terms and conditions in the following language,
without any additional words or changes, except those required to accommodate the
specific document in which they are contained or to impose stricter standards of
documentation:
1) Definitions:
(1) Certificate of coverage ("certificate") - An original certificate of insurance, a
certificate of authority to self-insure issued by the Division of Workers
Compensation, or a coverage agreement (DWC-81, DWC-83,or DWC-84),showing
statutory workers' compensation insurance coverage for the person's or entity's
employees providing services on a project for the duration of the project.
(2) Duration of the project- includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed
and accepted by the governmental entity.
(3) Persons providing services on the project ("subcontractors" in § 406. 096 [of the
Texas Labor Code]) - includes all persons or entities performing all or part of the
services the Contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the Contractor and regardless of
whether that person has employees. This includes, without limitation,
independent Contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as food/beverage vendors, office
supply deliveries, and delivery of portable toilets.
2) The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401. 011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
3) The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
4) If the coverage period shown on the Contractor's current certificate of coverage ends
during the duration of the project, the Contractor must, prior to the end of the
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coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
5) The Contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(2) no later than seven calendar days after receipt by the Contractor, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
6) The Contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
7) The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 calendar days after the Contractor knew or should have
known, or any change that materially affects the provision of coverage of any person
providing services on the project.
8) The Contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Division of Workers Compensation, informing all persons providing
services on the project that they are required to be covered, and stating how a person
may verify coverage and report lack of coverage.
9) The Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the Contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
(3) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project,•
(4) obtain from each other person with whom it contracts, and provide to the
Contractor:
(a) A certificate of coverage, prior to the other person beginning work on the
project; and
(b) A new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
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(5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person providing
services on the project; and
(7) Contractually require each person with whom it contracts to perform as required
by paragraphs (a) - (g), with the certificates of coverage to be provided to the
person for whom they are providing services.
10) By signing this contract, or providing, or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all
employees of the Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project;that the coverage
will be based on proper reporting of classification codes and payroll amounts: and
that all coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self-insured,with the Commission's Division of Self-Insurance Regulation.
Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11)The Contractor's failure to comply with any of these provisions is a breach of contract
by the Contractor that entitles the governmental entity to declare the contract void if
the Contractor does not remedy the breach within ten calendar days after receipt of
notice of breach from the governmental entity."
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EXHIBIT C. CERTIFICATES OF INSURANCE
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EXHIBIT D. RECYCLABLE MATERIALS COLLECTED
Accepted Materials
1. Aluminum Beverage Cans
2. Catalogues
3. Cardboard (OCC)
4. Glass: All Colors
5. Newspapers and Magazines/Ad Slicks
6. Mixed Paper
7. Plastic HDPE— high density polyethylene (all types and colors)
8. Plastic PETE—polyethylene terephthalate (all types and colors, not to include bags)
9. Shredded Paper, bagged
10. Steel Cans
11.Telephone Books
12. White Paper
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EXHIBIT E. COLLECTION METHOD
Customers will be serviced bi-weekly (every two weeks), using two (2) side-load automated
collection vehicles, Monday-Friday.
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EXHIBIT F. COLLECTION SCHEDULE
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