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HomeMy WebLinkAboutOrdinance 2203 ORDINANCE NO. 2203 SOLID WASTE FRANCHISE WHEREAS, in order to protect the public health and safety of the citizens of North Richland Hills, the North Richland Hills City Council finds it necessary to provide solid waste and recycling services; and WHEREAS, the City Council finds it in the best interest of the public to provide such solid waste and recycling services through a private collection disposal and recycling contractor; and WHEREAS, the City Council finds it necessary to adopt the terms of Exhibit "A" in order to protect the health and safety of the citizens of the City. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas that: 1. The City Council does hereby adopt the above findings. 2. Exhibit "A", attached hereto and made a part hereof, be and is hereby approved as an exclusive franchise (agreement) with Laidlaw Waste Systems, Inc. 3. The Mayor is hereby authorized and executed to execute Exhibit "A" as the act and deed of the City. PASSED AND APPROVED this 12th day of May, 1997. APPROVED: ATTEST: ,,,,,r--> ~ - _,.,.... 1/- . \' ;//{tvCla'-' . Patricia Hutson, City Secretary TO FORM AND LEGALITY: :d/~ Re cEntire - Attorney for the City ---------- EXHIBIT "A" SOLID WASTE AND RECYCLING CONTRACT THIS SOLID WASTE AND RECYCLING CONTRACT (the "CONTRACT") is made and entered into on August 1,1997, by and between the CITY OF NORTH RICH LAND HILLS, a municipal corporation of Tarrant County, Texas (hereinafter referred to as "CITY") and Laidlaw Waste Systems, Inc., authorized to do business in the State of Texas (hereinafter referred to as "CONTRACTOR"). WHEREAS, the CITY desires to provide residential and commercial customers within its corporate limits with solid waste collection, transport, disposal and recycling services for a term of 5 years ending July 31, 2002; and WHEREAS, the CITY strongly encourages customers and the CONTRACTOR to actively pursue recycling opportunities in order to attain State recycling goals as established in Senate Bill 1340; and WHEREAS, the CONTRACTOR has provided the CITY with a response to its Request for Proposals (RFP) dated February 24, 1997 for solid waste disposal and recycling services on a Contract basis. NOW, THEREFORE, in consideration of the mutual agreements hereinafter contained and in order to preserve and protect the public health of the citizens of the CITY it is hereby understood and agreed by the parties hereto as follows: 1. Grant, CITY hereby grants to CONTRACTOR a Contract to engage in the business of collecting and disposing of all residential and commercial Recyclable Materials, Acceptable Waste and Special Waste as defined herein below which is generated within the corporate limits of the CITY and, further, hereby grants to CONTRACTOR a license and permit to use the public streets, alleys, easements and thoroughfares within the limits of the CITY for said business during the term of this Contract. 2. Term. The term of this Contract shall be for five (5) years commencing on August 1, 1997 and terminating on July 31, 2002. The term may be renewed for two (2) successive terms of two (2) years each, by mutual consent of the parties hereto. 3. Definitions. Wherever used herein, the hereinafter listed terms shall have the following meanings: A. Acceptable Waste: Any and all waste that is solid waste, including brush, garbage, yard waste and trash, as such waste is defined under the laws of the United States and/or the State of Texas and/or the regulations -1- promulgated thereunder and that is acceptable for disposal in a Landfill, except for "Unacceptable Waste", as defined herein. B. Backdoor Garbage Service (Elective Carry-Out Service): Refuse pickup from behind the building line. The refuse shall be placed in front of the building facing the street in such a manner clearly visible from the street as to be accessible without entering a gate. Backdoor Garbage Service shall be provided at an additional charge as later specified in this document for all residential households who request the service. C. By-Products With Residual Value: Any excess industrial, manufacturing or commercial by-products or significant and constant volumes of materials of a company which have a residual value on the open market, (such as cardboard and packing materials). D. Brush: Tree and shrub trimmings which are not easily placed in disposable containers. E. Commercial Containers: Metal containers supplied by CONTRACTOR affording adequate capacity to service a customer so as to prevent spillage, unsightly and unsanitary conditions, F. Curbside Service: Acceptable Waste or Recyclable Materials to be picked up by the CONTRACTOR will be located at the curbside of the street bearing the customer's address or, if there is no curb, where the customer's property line meets the street. G. Debris: Dirt, concrete, rocks, bricks, lumber, plaster, sand or gravel, other waste building materials, automobile frames, or large, uncut dead trees. H. Disposable Containers: Any plastic bag or cardboard box with a capacity or volume of thirty three (33) gallons or less and which is capable of containing garbage or trash without leaking or emitting odors, and which weighs, when loaded, less than fifty (50) pounds. I. Garbage: Refuse animal or vegetable matter (as from a kitchen or food processing facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper (not including heavy accumulations of newspapers and magazines) and any other household waste which is damp or capable of emitting noxious odors. J. Multi-Family/Apartment Residential Complex: A structure in which three or more families reside and claim as their permanent address. -2- K. Permanent Containers: Any closed, waterproof, plastic or metal container or can with a capacity or volume of thirty three (33) gallons or less and which is capable of containing garbage or trash without leaking or emitting odors, and which weighs, when loaded, less than (50) pounds. L. Recyclable Materials: Metal Cans: Rinsed metal cans and placed in bin. Aluminum Cans: Aluminum drink cans, compacted. Glass: Clear, green and brown glass bottles and jars. No mirrors, window glass, plate glass or light bulbs. Plastic Bottles: Only plastic bottles with recycling symbols, #1, #2, #3, #4, #5, and #7. Examples include milk bottles, soft drink liter bottles, detergent bottles, cleaning bottles and shampoo bottles. (Rinse and remove lids.) Newspapers, Magazines, Catalogs Magazines, slick and glossy inserts. Junk Mail, Cardboard, Mixed Household Paper Junk Mail, Junk mail, envelopes, cereal boxes, cardboard, Cardboard, chipboard and other household paper products in a brown grocery bag placed beside or inside the bin. No tissues, wet paper or paper contaminated with food products are acceptable. All cardboard must be broken down to a size that will fit inside the bin. Other: Items that are identified as recyclable by the CITY and CONTRACTOR, or as the result of changes in any local, state, or federal laws, ordinances, or regulation. M. Recycling Containers: a minimum eighteen (18) gallon container with a lid provided by CONTRACTOR for each residential Customer at no charge. Any container must be approved by the City Council. -3- N. Special Waste: Any waste, even though it may be part of a delivered load of waste excluding insignificant quantities found in residential waste, which is: (1) defined as such by the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder; or (2) medical waste, including infectious or pathological waste from laboratories, research facilities, and health and veterinary facilities; and (3) dead animals and/or slaughterhouse waste; or (4) sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial wastewater treatment plants; or (5) liquid waste, which for the purposes of this Contract means any waste material that is determined to be or contain "free liquid" by the paint filter test (EPA Method 9095); or (6) waste from an industrial process; or (7) waste from a pollution control process; or (8) waste transported in a bulk tanker; or (9) friable and/or nonfriable asbestos waste; or (10) empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides; or (11) containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) of a type listed in this definition; or (12) residue or debris from the cleanup of a spill or release of chemical substances, commercial products or other wastes listed in this definition; or (13) soil, water, residue, debris or articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in this definition, including soil contaminated from underground storage tanks used or formerly used for the storage of petroleum products; or (14) residential wastes, only if a change in federal or state law, statute, regulation, rule, code, ordinance, permit, or permit condition, which occurs after the Effective Date of this Contract, requires special or additional management that differs from the requirements applicable on the Effective Date of this Contract; or (15) any waste that requires other than normal handling, storage, management and/or disposal. -4- O. Trash: All household refuse other than garbage, debris, brush, household furniture and appliances. Trash shall include grass, yard clippings, leaves, weeds, heavy accumulations of newspapers and magazines, Recyclable waste, old clothes and other household trash of like kind, but shall not include Hazardous Wastes. P. Unacceptable Waste: Any and all waste that is either: (1) waste which is now or in the future prohibited from disposal at a sanitary landfill by state, federal and/or local laws and/or the regulations promulgated thereunder; or (2) "Hazardous Waste"; or (3) "Special Waste", as defined herein; or (4) waste which is prohibited from disposal at the Landfill by CONTRACTOR including tires, concrete, and bulk petroleum or chemical products or by-products; or (5) liquid waste, as defined herein, and septic tank pumpings and grease and grit trap wastes; or (6) sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial wastewater treatment plants; or (7) dead animals and/or slaughterhouse waste, except for animals euthanized under the authority and direction of CONTRACTOR; or (8) any waste, including "Special Waste" as defined herein, which because of its quantity, concentration, frequency of disposal, required disposal procedures, regulatory status, or physical, chemical infectious or other characteristics jeopardizes or may jeopardize the environmentally sound operation of the disposal site, as determined by CONTRACTOR in its sole discretion. Q. Yard Waste: Grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the care of lawn, shrubbery, vines and trees. Yard waste does not include food wastes from gardens such as fruits or vegetables. 4. Residential A. Duties and Obligations of Residential Customers. Every owner, agent, lessee, tenant or occupant of any residential premises in the CITY ("residential customer") shall have the following duties and obligations: (1) Brush and Trash: Each residential customer shall place brush or trash which cannot be placed in disposable containers or -5- permanent containers into lengths not to exceed four (4) feet, tie same in bundles, and stack such brush or trash at curbside (as is hereinafter provided). CONTRACTOR will also dispose of residential loose brush for $10.00 per load. Trimmings may not be a result of commercial tree trimming services. Arrangements for this service can be made by contacting CONTRACTOR's customer service representative Monday through Friday 8:00 a.m. to 5:00 p.m. (2) Containers Secured: Each residential customer shall keep all such containers in use securely closed in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents and other animals. (3) Draining Liquids: Each residential customer shall drain all Acceptable Waste and Recyclable Materials mixed with water or other liquids before placing the same into appropriate containers. (4) Placement of Waste and Materials: Each residential customer shall place appropriate containers containing Acceptable Waste, Recyclable Materials and tied bundles of brush at the curbside on the R.O.W. bearing such residential customer's address in such a manner as to be easily accessible for collection and as to prevent Acceptable Waste, Recyclable Materials and tied bundles of brush from being scattered. (5) Residential Containers: Each residential customer shall provide and use containers (disposable or permanent) sufficient in number to hold the Acceptable Waste accumulating on the premises. Only the recycling containers furnished by CONTRACTOR shall be used for Recyclable Materials. (6) Special Waste: No residential customer shall place for collection, or permit to be placed for collection, any Special Waste. (7) Time of Placement of Waste and Materials: All appropriate containers and tied bundles of brush required to be located at the curbside shall be placed at the prescribed curbside locations not more than twelve hours prior to the scheduled collection day and not later than 7:00 a.m. on the scheduled collection day. (8) Vines and Bushes: Each residential customer shall place all vines and thorny bushes in disposable containers. -6- (9) Waste and Materials in Containers: Each residential customer shall place all Acceptable Waste and Recyclable Materials (including brush, if the size of the brush allows) in either disposable containers, permanent containers or recyclable containers. B. Contractor's Duties and Obligations - Residential. It shall be the duty and obligation of CONTRACTOR to perform the following services: (1) Collection: CONTRACTOR agrees to make two (2) weekly collections for Acceptable Waste on Mondays and Thursdays and one (1) weekly collection for Recyclable Materials. Collections for Recyclable Materials from residential customers shall be on one of the same days that Acceptable Waste is collected. CONTRACTOR shall not commence service to residential customers prior to 7:00 a.m. and shall not pick up in the residential areas after 7:00 p.m. Unusual, emergency situations requiring a later one-time, temporary change in schedule shall be timely communicated to the City Manager, or his designated representative, prior to such temporary time change being made. No collections will be made on Saturdays, Sundays or holidays (See Section "6.L" for more information about holidays). The recycling collection will be in addition to the regular twice weekly collection of acceptable waste. CONTRACTOR shall pickup both regular and backdoor service customers in the manner specified herein. (2) Customer Service Number: CONTRACTOR agrees to maintain a toll free telephone number for the purpose of handling complaints and other calls regarding the collection service provided by CONTRACTOR. CONTRACTOR agrees to secure an annual listing in the appropriate telephone directory under the name by which it conducts business in the community. CONTRACTOR agrees to keep said phones available for calls from 8:00 a.m. to 5:00 p.m. every day except Saturday, Sunday and the holidays set forth in Section (6.L) herein, and to keep said phone staffed with sufficient competent personnel to handle calls and inquiries during the abovementioned hours. A daily log of all service calls, complaints, inquiries and the action taken thereon, shall be maintained by CONTRACTOR. (3) Equipment and Services Furnished: CONTRACTOR agrees to furnish trucks, equipment, machinery, tools, labor at its own expense, to adequately, efficiently and properly collect and dispose of Acceptable Waste or Recyclable Materials from premises within the corporate limits of the CITY in a systematic, clean, healthful, and sanitary manner. CONTRACTOR shall not be responsible -7- under this Contract for collecting and disposing of Hazardous Waste, Special Waste or debris. (4) Take-all Service: CONTRACTOR shall collect all items placed on the curb as part of the regular waste collection cycle providing that the items are acceptable for landfill disposal and the items are containerized in a bag, can, or box. Brush and tree limbs must be tied in bundles not to exceed four (4) feet in length and fifty (50) Ibs. in weight. (See Section 4.A (1), pages 5 & 6 for optional service for loose brush.) This service includes construction and fencing materials generated by the homeowner resulting from repair and remodeling projects. Fence panels must be cut into four (4) foot by six (6) foot sections. Loose pickets must be tied and bundled. Bulky items, including stoves, furniture, hot water heaters, dishwashers, etc., when placed on the curb, will be picked up as part of normal service collections. Federal Law prohibits the collection of refrigerator or freezer units unless certification is provided that CFC's have been removed by a certified technician. Other hazardous waste items that are not acceptable for landfill disposal include tires, batteries, petroleum products, paints and other chemicals and solvents identified by the U. S. Environmental Protection Agency. (5) Landfill Disposal and Vehicle Standards: CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with the laws of the State of Texas. All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit to prevent leakage and the blowing or scattering of materials or waste onto the public streets of CITY or properties adjacent thereto and shall at all times be maintained in good repair. Further, such vehicles shall be clearly marked with CONTRACTOR'S name and phone number in letters not less than four (4) inches in height and shall be individually numbered on both sides and on the back of the truck. All collection equipment shall be washed and deodorized as necessary, but at minimum once each week, and shall be kept in sanitary condition. (6) Large Objects/Large Quantity: The CONTRACTOR agrees to provide an on-call service for the collection of large objects and quantities of debris, including temporary roll-off service. Upon request by a customer, CONTRACTOR agrees to provide an estimate of the cost to remove and dispose of such items and upon mutual Contract between CONTRACTOR and customer, the CONTRACTOR shall perform the service. The agreed upon fee for -8- the service shall be paid by the customer immediately upon completion of the work performed. (7) Multi-Family Unit Recycling: See Section 5.B.(8). (8) Non-Collection Days: CONTRACTOR agrees that no collections will be made on Saturdays, Sundays or Contract designated holidays (See Section "6.L" for more information about holidays). (9) Residential Recycling Containers: CONTRACTOR shall provide for each residential customer a eighteen (18) gallon container with a lid at no charge, which shall be dedicated solely for the collection of Recyclable Materials. Such container shall be delivered to each residential customer by the CONTRACTOR along with a brochure explaining how the container is to be used and other information pertinent to the recycling service. The CONTRACTOR shall charge a replacement cost as recommended by the CONTRACTOR and approved by the City Manager for any recycling container which is lost, stolen, or destroyed after a residential customer is initially provided a recycling container. The residential customer shall not be responsible for any containers damaged or destroyed by CONTRACTOR. Any container must be approved by the City Council. (10) Routes and Schedules: CONTRACTOR agrees to establish daily routes and special schedules for the collection of Acceptable Waste and Recyclable Materials as necessary to fulfill the requirements of this Contract. Further, CONTRACTOR will utilize written route books for use in the collection of Acceptable Waste or Recyclable Materials from all residential customers. Prior to any route change, said change must be approved by the City Manager. CITY shall have the right to require alteration of service to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and CONTRACTOR shall be compensated for any such required additional services. (11) Christmas Tree Recycling: See Section 6.D. C. Residential Charges (1) Customer Billing: CITY agrees to bill all residential customers served by CONTRACTOR. CITY further agrees to collect and -9- remit all sales taxes to the appropriate governmental authority and shall issue to CONTRACTOR a Resale Certification. (2) Payment to CONTRACTOR: CITY agrees to pay to CONTRACTOR on or before the 15th day of each month the appropriate charges as herein provided: a. Residential Acceptable Waste Charges and Residential Recycling Charges: For the Contract granted herein, CONTRACTOR agrees to pay a franchise fee to the CITY in an amount equal to 4% of the gross billings (excluding all appropriate sales taxes) from the collection of acceptable waste and for recycling services within the corporate limits of the CITY and 8% of the gross billings (excluding all appropriate sales taxes) for billing and collection fee, for a total of 12%. CITY shall remit to the CONTRACTOR its check in the amount of 88% of all amounts billed for residential garbage and recycling service for ACCEPTABLE WASTE and recyclables collected. The 12% not remitted for residential billings shall become the Property of the CITY. (3) Residential Acceptable Waste: CITY and CONTRACTOR agree that the MONTHLY CUSTOMER SERVICE CHARGE for residential customers shall be as described on Attachment A. (4) Residential Recycling: CITY and CONTRACTOR agree that the curbside residential recycling monthly service charge shall be as provided in Attachment A. Residents 65 years of age and older may execute a request for an exemption of 75-cents per month from the recycling charge. If requested, the CITY will grant an exemption to each head of household 65 years of age or above an amount of 75-cents from the curbside Recycling charge. The City will remit to the CONTRACTOR the amount normally submitted to the CONTRACTOR for each regular account, less the 75-cents. (5) Rate increases years two through five: CONTRACTOR shall maintain such residential garbage and recycling rates in Attachment A, effective August 1, 1997, until July 31, 1998. On August 1, 1998, and every two years thereafter (Rate Modification Date), the existing Base Rates may be increased by a combination of calculated increases in Operations and Disposal Components of the Base Rate. If the CONTRACTOR desires a review of the existing rates, CONTRACTOR shall submit, in writing, its adjustments to the Base Rate and the supporting data for the same -10- period, on or before May 15 of even numbered year, beginning May 15, 1998. For purposes of calculating the total rate increase, the Base Rate shall be divided into an Operations Component and a Disposal Component. The Operation Component shall equal 70% of the total Base Rate and the Disposal Component shall equal 30% of the total Base Rate. The Operations Component will be adjusted by a factor defined as 85% of the total percent increase in the DFW Consumer Price Index (CPI). Data compiled in the Bureau of Labor Statistics Southwestern Statistical Summary will be used to calculate the CPI increase. The measured increase for an August, 1998 effective date will span a twelve month period (beginning May 1 st and ending April 30th) immediately preceding the Rate Modification Date. For even numbered years August, 2000, the measured increase will span twenty-four months from the date of the last measured period. The Council will not entertain an application for increases in odd numbered years. The Disposal Component will be adjusted by a factor defined as the average percent increase in the gate rate for compacted landfill material, as charged by a representative sample of area landfills. The landfills used to determine the increase are identified in Attachment C. The measured increase for an August, 1998 effective date will span a twelve month period (beginning May 1 st and ending April 30th) immediately proceeding the Rate Modification Date. For even numbered years beginning August, 2000, the measured increase will span twenty-four months from the date of the last measured period. The Council will not entertain an application for increases in odd numbered years. The specific rate calculation methodology is further illustrated by a hypothetical example incorporated into this Contract as Attachment D. Increases in the Base Rate calculated in accordance with the terms of this Contract shall be granted in lieu of rate adjustments associated with specific regulatory mandates or other specific operational cost increases. Every adjustment to the CONTRACTOR charges or compensation established herein shall be cumulative and in addition to other adjustments conferred herein. -11- Increases in the Base Rate shall not exceed the maximum rates as stated on Attachments E-1, 2, & 3. (6) Revisions: Any adjustment or revision from those rates approved for a five-year (5) period as identified in Section (5) above and Attachments A, C, and D, by the City Council pursuant to this Contract for extraordinary fees or expenses shall be determined at the sole discretion of the City Council. CONTRACTOR must provide detailed, documented cost justification information associated with collection and disposal services solely for North Richland Hills. 5. Commercial. Industrial. Institutional and Multi-Family A. Duties and Obligations of Commercial. Industrial. Institutional and Multi- Family Customers. Every owner, agent, employee or person otherwise in charge of any commercial, institutional, industrial and multi-family premises within the CITY ("commercial customer") shall have the following duties and obligations: (1) Containers Secured: Each commercial and multi-family customer shall keep all commercial containers pursuant to the CITY's Zoning Ordinance and in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents, and other animals. (2) Draining Liquids: Each commercial and multi-family customer shall drain all Acceptable Waste or Recyclable Materials mixed with water or other liquids before placing same into a commercial container, and, further, no commercial or multi-family customer shall place for collection, or permit to be placed for collection, any Hazardous Waste or Special Waste. (3) Sufficient Containers: Each commercial and multi-family customer shall be provided by CONTRACTOR containers sufficient in number to hold the Acceptable Waste or Recyclable Materials accumulating on the premises. (4) Waste and Materials in Containers: Each commercial and multi- family customer shall cause all Acceptable Waste or Recyclable Materials accumulating on such premises to be placed in commercial containers. Commercial and multi-family customers shall place said containers in a certain designated location which is agreed to by CONTRACTOR and customer, bearing such customer's address for collection at the same time and in the same -12- manner as is provided for residential refuse collection. The location of the customer's container shall be placed such that no damage results to the pavement or asphalt surfaces. CONTRACTOR shall not be liable for damages to pavement or asphalt surfaces which result from the container being placed in such location. (5) Other Waste: Any company which produces on a regular basis industrial, manufacturing, or commercial products which have a residual value in the open market or that produce significant and constant wastes, such as cardboard from their business, may sell and market said products in a manner determined by the individual company and are not required to utilize the CONTRACTOR for this service. If such companies use other, non-CONTRACTOR commercial/industrial recyclers for such wastes, such recyclers shall conform to and be permitted or franchised under City of North Richland Hills Recycling Franchise Ordinance. Any questions or disputes shall be resolved at the discretion of the City Manager. (6) Other Recycling: Any company desiring to recycle wastes that are not or cannot be recycled by CONTRACTOR shall only use such commercial, industrial recycling company that has a current permit or franchise in North Richland Hills. B. Contractor's Duties and Obligations - Commercial. Industrial. Institutional and Multi-Family. It shall be the duty and obligation of CONTRACTOR to perform the following services: (1) Containers: CONTRACTOR shall provide all commercial containers for Acceptable Waste or Recyclable Materials storage which are available upon request of the owner or occupant of any premises within the corporate limits of CITY, excluding single family and two family residences. The commercial containers provided by CONTRACTOR shall be equipped with suitable covers to prevent blowing or scattering of Acceptable Waste or Recyclable Materials while being transported for disposal of their contents, (ii) maintained in good repair, appearance, and in a sanitary condition, and (iii) clearly marked with the CONTRACTOR'S name and telephone number in letters not less than two (2) inches in height, and (iv) emptied not less than one time each week. CONTRACTOR shall provide to commercial customers, containers sufficient in number and size to hold all of the customer's Recyclable Materials. -13- (2) Customer Service Number: CONTRACTOR agrees to maintain a toll free telephone number for the purpose of handling complaints and other calls regarding the collection service provided by CONTRACTOR. CONTRACTOR agrees to secure an annual listing in the appropriate telephone directory under the name by which it conducts business in the community. CONTRACTOR agrees to keep said phones available for calls from 8:00 a.m. to 5:00 p.m. every day except Saturday, Sunday and the holidays set forth in Section "6.L" herein, and to keep said phone staffed with sufficient competent personnel to handle calls and inquiries during the abovementioned hours. A daily log of all service calls, complaints, inquiries and the action taken thereon, shall be maintained by CONTRACTOR. (3) Equipment Furnished: CONTRACTOR agrees to furnish trucks, equipment, machinery, tools, labor at its own expense, to adequately, efficiently and properly collect and dispose of Acceptable Waste or Recyclable Materials from premises within the corporate limits of the CITY in a systematic, clean, healthful, and sanitary manner. CONTRACTOR shall not be responsible under this Contract for collecting and disposing of Hazardous Waste, Special Waste or debris. (4) Large Objects/Large Quantity: The CONTRACTOR agrees to provide an on-call service for the collection of large objects and quantities of debris, including temporary roll-off service. Upon request by a customer, CONTRACTOR agrees to provide an estimate of the cost to remove and dispose of such items and upon mutual Contract between CONTRACTOR and customer, the CONTRACTOR shall perform the service. The agreed upon fee for the service shall be paid by the customer immediately upon completion of the work performed. (5) Lawful Disposal: CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with the laws of the State of Texas. All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit to prevent leakage and the blowing or scattering of materials or waste onto the public streets of CITY or properties adjacent thereto and shall at all times be maintained in good repair. Further, such vehicles shall be clearly marked with CONTRACTOR'S name in letters not less than four (4) inches in height and shall be individually numbered. All collection equipment shall be washed and -14- deodorized as necessary, but at minimum once each week, and shall be kept in sanitary condition. (6) Non-Collection Days: CONTRACTOR agrees that no residential collections will be made on Saturdays, Sundays or Contract designated holidays (See Section "6.L" for more information about holidays). (7) Routes and Schedules: CONTRACTOR agrees to establish daily routes and special schedules for the collection of Acceptable Waste or Recyclable Materials as necessary to fulfill the requirements of this Contract. Further, CONTRACTOR will utilize written route books for use in the collection of Acceptable Waste or Recyclable Materials from all commercial customers. CITY shall have the right to require alteration of service to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and CONTRACTOR shall be compensated for any such required additional services. (8) Multi-Family Unit Recycling: CONTRACTOR shall make available the following options for multi-family recycling: Option 1 Cluster service: In this option, clusters are distributed throughout the complex. A cluster is an arrangement of three 96 gallon carts with decals to identify the material they accept. One is for newspaper, magazines, and catalogs. The other two are for everything else. Glass bottles, plastic bottles #1,2,3, 4,5, & 7, tin aluminum, and steel. These clusters are distributed at the rate of one cluster per 50 units. The clusters are serviced once each week by the same residential recycling truck for the adjacent residential neig hborhood. Rates will be established by mutual consent of CONTRACTOR and CITY. Option 2 Full program (Clusters and apartment recycling bin). Complexes would receive the full program. Clusters, apartment recycling bins and all the necessary educational material are provided. Each unit on the complex receives a nine (9) gallon apartment recycling bin to keep in their own individual living unit. -15- Bins are similar to residential bins but smaller and equipped with handles. The full program option is serviced each week by the same residential recycling truck for the adjacent residential neig hborhood. Rates will be established by mutual consent of CONTRACTOR and CITY. CONTRACTOR will be responsible for informing multi-family complex owners and operators of these available options. (9) General Recycling: CONTRACTOR agrees to provide recycling services upon request to commercial, industrial and multi-family customers. In the event it is not cost effective for CONTRACTOR to make such services available, it has right to decline. It is understood that customers can engage a permitted or franchised commercial hauler to collect solely and pure recyclable materials if clearly separated in a recyclable container only at customer's location. C. Commercial. Industrial, Institutional and Multi-Family Charges. (1) Commercial, Industrial, Institutional and Multi-Family Acceptable Waste: CITY and CONTRACTOR agree that the monthly service charges for commercial, industrial, institutional and multi-family Acceptable Waste shall be provided in Attachment B, which is attached hereto and incorporated herein by reference. (2) Commercial, Industrial, Institutional and Multi-Family Recycling Charges: The service charge for commercial, industrial, institutional and multi-family acceptable waste recycling shall be negotiated between the CONTRACTOR and customer and submitted to CITY for billing: OCC materials will be picked up by CONTRACTOR free, but with container fee as in Attachment B. (3) Customer Billing: CITY agrees to bill all commercial, industrial, institutional and multi-family customers served by CONTRACTOR. CITY further agrees to collect and remit all sales taxes to the appropriate governmental authority and shall issue to CONTRACTOR a Resale Certification. -16- (4) Payment to CONTRACTOR: CITY agrees to pay to CONTRACTOR on or before the 15th day of each month the appropriate charges as herein provided: a. Commercial, Industrial, Institutional and Multi-Family Acceptable Waste Charges and Commercial, Industrial, Institutional and Multi-Family Recycling Charges: For the Contract granted herein, CONTRACTOR agrees to pay the CITY an amount equal to 4% of the gross billings (excluding all appropriate sales taxes) from the collection of acceptable waste and for recycling services within the corporate limits of the CITY and 6% of the gross billings (excluding all appropriate sales taxes) for billing and collection fee, for a total of 10%. CITY shall remit to the CONTRACTOR its check in the amount of 90% of all amounts billed for commercial, industrial, institutional and multi-family ACCEPTABLE WASTE and recyclables collected. The 10% not remitted for commercial, industrial, institutional and multi- family billings (6% for billing and collection and 4% franchise fee) shall become the Property of the CITY. (5) Rate increases years two through five: CONTRACTOR shall maintain such commercial, industrial, multi-family garbage and recycling rates in Attachment B, effective August 1, 1997, until July 31,1998. On August 1,1998, and every two years thereafter (Rate Modification Date), the existing Base Rates may be increased by a combination of calculated increases in Operations and Disposal Components of the Base Rate. If the CONTRACTOR desires a review of the existing rates, CONTRACTOR shall submit, in writing, its adjustments to the Base Rate and the supporting date for the same period, on or before May 15 of even numbered years, beginning May 15, 1998. For purposes of calculating the total rate increase, the Base Rate shall be divided into an Operations Component and a Disposal Component. The Operation Component shall equal 70% of the total Base Rate and the Disposal Component shall equal 30% of the total Base Rate. The Operations Component will be adjusted by a factor defined as 85% of the total percent increase in the DFW Consumer Price Index (CPI). Data compiled in the Bureau of Labor Statistics Southwestern Statistical Summary will be used to calculate the CPI increase. The measured increase for August, 1998 effective date -17- will span a twelve month period (beginning May 1 st and ending April 30th) immediately preceding the Rate Modification Date. For even numbered years beginning August, 2000, the measured increase will span twenty-four months from the date of the last measured period. The Council will not entertain an application for increases in odd numbered years. The Disposal Component will be adjusted by a factor defined as the average percent increase in the gate rate for compacted landfill material, as charged by a representative sample of area landfills. The landfills used to determine the increase are identified in Attachment C. The measured increase for an August, 1998 effective date will span a twelve month period (beginning May 1 st and ending April 30th) immediately proceeding the Rate Modification Date. For even numbered years beginning August, 2000, the measured increase will span twenty-four months from the date of the last measured period. The Council will not entertain an application for increases in odd numbered years. The specific rate calculation methodology is further illustrated by a hypothetical example incorporated into this Contract as Attachment D. Increases in the Base Rate calculated in accordance with the terms of this Contract shall be granted in lieu of rate adjustments associated with specific regulatory mandates or other specific operational cost increases. Every adjustment to the CONTRACTOR charges or compensation established herein shall be cumulative and in addition to other adjustments conferred herein. Increases in the Base Rate shall not exceed the maximum rates as stated in Attachment E-1, 2, & 3. (6) Revisions: Any adjustment or revision from those rates approved by the City Council as identified in Section (5) above and Attachments S, C, and D pursuant to this Contract shall be determined at the sole discretion of the City Council. CONTRACTOR must provide detailed, documented cost justification information associated with collection and disposal services solely for North Richland Hills. -18- 6. Miscellaneous A. Assignment of Contract: This Contract and any and all rights and obligations of CONTRACTOR hereunder may be assigned by CONTRACTOR to any parent company, affiliate, or subsidiary of CONTRACTOR without the consent of CITY, but may be assigned to any other third party only with the prior written consent of the CITY'S City Council. B. Applicable Law- CITY and CONTRACTOR (and customers) shall comply with all rules and regulations of any federal, state or local authority. In this regard, CONTRACTOR shall not be required to collect and dispose of any Special Wastes, or any other improper waste. Should CONTRACTOR elect to dispose of such materials, CONTRACTOR shall receive a fee or charge mutually acceptable to CONTRACTOR and the party requesting disposal of such materials. CONTRACTOR further agrees to comply with all applicable state and federal laws regulating collection and disposal of waste, and to hold the City harmless of and from all claims and demands of any persons or governmental agency in connection with its landfills. C. Bad Debt Collections and Write-Offs: The CITY will diligently pursue the collection of bad debts and those which are deemed uncollectible after 90 days will be written off by the CITY and write-offs will be adjusted, less franchise and billing fees as appropriate, (deducted) from CONTRACTOR'S monthly payment following the quarter of the write-offs. Although write-offs will be made, CITY will continue to pursue collection and any bad debts collected after any quarterly payment adjustment will be added to the next monthly payment to the CONTRACTOR. D. Christmas Tree Recycling: CONTRACTOR shall provide a free mechanized mulcher for the Christmas Tree Recycling Center and provide sufficient staff to operate the mulcher at the CONTRACTORS cost at a agreed upon date and time. All mulch will be available for customers who donated Christmas Trees. If CONTRACTOR decides to take trees to non- city recycling center for mulching, the CONTRACTOR shall deliver mulch to City Center for citizens use. E. City Liaison: CONTRACTOR and CITY agree that the City Manager will be the authority for the approval of charges for any service not contemplated by this Contract and for the disposition of any dispute between customer and CONTRACTOR. The CITY may designate a CITY employee to act as an enforcement officer hereunder and to act as a liaison between the CITY and CONTRACTOR. -19- F. City Ordinances: CITY agrees to pass such ordinances as are necessary to effectuate all terms of this Contract including all duties and obligations required of residential and commercial customers. G. Contract Execution: This Contract may be executed in any number of counterparts, each of which will for all purposes be deemed to be an original, and all of which are identical. H. Contract Validity: If any provision or portion of this Contract is for any reason unenforceable, inapplicable, or invalidated then such provision or portion shall be reformed in accordance with applicable laws and the other provisions hereof will remain in full force and effect in the same manner as if such unenforceable, inapplicable or invalidated provision had never been contained herein. The invalidity, inapplicability, or unenforceability of any provision or portion of this Contract shall not affect the validity, applicability or enforceability of the other provisions or portions of this Contract. I. CONTRACTOR Liability/insurance: CONTRACTOR assumes all risk of loss or injury to property or persons arising from any of its operations under this Contract, and agrees to indemnify and hold harmless the CITY from all claims, demands, suits, judgments, costs or expenses arising from any such loss or injury. It is expressly understood that the foregoing provisions shall not in any way limit liability of CONTRACTOR. CONTRACTOR agrees to carry the following types of insurance: (1) Worker's Compensation insurance covering all employees engaged in any operations covered by this Contract as required by the State of Texas; (2) Automobile Liability - $1,000,000 Single Limit, bodily injury and property damage combined; and (3) General Liability - $1,000,000 Single Limit, bodily injury and property damage combined. CONTRACTOR agrees to furnish the CITY Certificates of Insurance evidencing that such insurance has been procured and is in force. J. Customer Service: CONTRACTOR shall provide responsive customer service and maintain sufficient staffing thereto. Any and all complaints and inquiries received prior to 12:00 p.m. shall be resolved by the end of the CONTRACTOR'S work day. Any and all complaints and inquiries after 12:00 p.m. shall be resolved before 12:00 p.m. the next working day. The CONTRACTOR shall provide one contact person (name and phone #) for any and all complaints and requests from City staff - The -20- CONTRACTOR shall monitor its own operations for efficiency and shall periodically perform customer satisfaction surveys. K. Free Service to City: CONTRACTOR shall provide free pickup and disposal for all CITY facilities and properties in manners specified by the CITY. The CITY shall also have free dumping privileges during the term of this agreement at the nearest landfill or transfer station used by the CONTRACTOR. Free dumping is interpreted as meaning no charge or cost assessed to the CITY. CONTRACTOR shall also provide at no cost or fee to the CITY all services, materials, and equipment related to the CITY's workplace recycling program. L. Holidays/Make-Up Days: CITY and CONTRACTOR agree that the following days shall be recognized as holidays: New Years Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day A make-up day must be provided by the CONTRACTOR the next working day following the holiday, so that each customer receives the same number of collection days as would normally be received in a non-holiday week. For Monday pick-up the make-up day will be Tuesday and for Thursday pick-up it will be Friday. If a necessity arises that CONTRACTOR believes warrants collection services on a designated holiday, approval shall be obtained from the City Manager, or his designated representative, at least 24 hours prior to holiday collection. CONTRACTOR will be solely responsible for timely informing affected customers of this holiday pick-up. M. Hazardous and Inclement Weather Says: On icy, snow, or other hazardous or inclement weather days when public schools in the Birdville ISD are closed, CONTRACTOR may elect to suspend service for that day, subject to notification of the City Manager, or his designated representative. No make-up day for the missed weather day is required of CONTRACTOR. CONTRACTOR shall be solely responsible for timely notifying customers of this temporary suspension of service. N. Interruption in Service: In the event that the collection and disposal of Acceptable Waste or Recyclable Materials should be interrupted by any reason for more than forty-eight (48) hours, CITY shall have the right to make temporary independent arrangements for the purposes of -21- continuing this necessary service to its residents in order to provide and protect the public health and safety. If the interruption in service mentioned in the paragraph above continues for a period of seventy-two (72) hours, and is not caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, act of God, changes in laws, statutes, regulations or ordinances or other similar of different contingency beyond the reasonable control of the CONTRACTOR, then the CITY shall have the right to terminate the rights and privileges granted in this franchise. O. Investigations and Public Hearings: The City Council shall have full power to examine or cause to be examined at any time, and at all times, the books, papers and records of CONTRACTOR with relation to the operation of the services set forth herein. In this connection, the CITY shall have the right, through its Council, to take testimony and compel the attendance of witnesses or the production of books, papers and records and to examine witnesses under oath and under such rules and regulations as it may adopt. P. Judicial Interpretation: CITY and CONTRACTOR agree that if any term or provision of this Contract is submitted to a court for judicial interpretation that such court shall not apply the presumption which results from the rule of construction that a document or its contents is to be construed against the person who himself or through his agent prepared the same. a. Non-Collection: Should a dispute arise between the CITY, CONTRACTOR, and/or a customer as to whether the CONTRACTOR actually failed to make a collection (whether the CONTRACTOR missed a pickup) the decision of the City Manager in such matter shall be final and CITY and CONTRACTOR agree to abide by said decision. However, it is understood and agreed by and between CITY and CONTRACTOR that if any customer fails to timely place brush, permanent containers, disposable containers, Recyclable Materials or commercial containers out, maintains improper or inadequate containers for the nature, volume, or weight of Acceptable Waste or Recyclable Materials to be removed from the premises, or places improper bundles or volumes of Acceptable Waste or Recyclable Materials for collection, CONTRACTOR may refrain from collecting all or a portion of such Acceptable Waste or Recyclable Materials and shall notify CITY of the reason for such non-collection. CONTRACTOR shall also provide notice to the customer of the reason for such non-collection (unless such noncollection is the result of the customer's failure to timely place the brush or containers out for collection). CONTRACTOR's notice to the customer shall be in writing, attached to the container or the front door of the residence or commercial -22- business, and shall indicate the nature of the violation and the correction required in order that such waste or recycling materials may then by collected at the next regular collection date. When CITY is notified by a customer that Acceptable Waste or Recyclable Materials have not been removed from his premises on the scheduled collection day and where no notice of non-collection nor a change in collection schedule has been received from CONTRACTOR, CITY shall investigate. If the investigation disclosed that CONTRACTOR has failed to collect Acceptable Waste or Recyclable Materials from the subject premises without cause, CONTRACTOR shall collect same within twelve (12) hours after a collection order is issued by CITY, at no additional charge. R. Records and Reports: The CITY shall have access at all reasonable hours to all CONTRACTOR'S records, customer service cards, and all papers relating to the operation of the services set forth herein. CITY shall have the right to audit CONTRACTOR'S records upon giving written notice. (1) The following records and reports shall be filed monthly by the fifteenth (15th) day with the City Manager: (a) Adequate report on recyclable collections will be submitted and shall include the number, percentage of households participating, and tonnage (by category) of recyclables. Upon request where and how recyclables are disposed of will be provided. (b) CONTRACTOR will provide a monthly report on cubic yards of garbage deposited at the landfill from North Richland Hills. The report will include a breakdown of how much is from residential customers, commercial/industrial customers, CITY facilities, and landfill days. (c) A monthly listing of all commercial accounts served. This list shall include customers name, address, frequency of pickup, size of container or type of service and charges for same. (2) Upon request the following reports shall be provided by CONTRACTOR: (a) Monthly reports of the results of all complaints and investigations received and completed by the CONTRACTOR. (b) Monthly customer service reports which detail calls received, nature of calls, response times, etc. -23- S. Revocation: In the event of an alleged breach by CONTRACTOR of any of the terms, covenants, or conditions herein contained, CITY shall notify CONTRACTOR of such alleged breach and if same is not cured within five (5)days from such notice, CITY may, upon a determination (at a hearing as described herein) that a breach has occurred, cancel and revoke this Contract. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to the CONTRACTOR at the address shown on the records of the CITY, and a period of at least ten (10) days has elapsed since the mailing of such notice. The notice shall specify the time and place of the hearing and shall include the alleged reasons for revocation or cancellation of the Contract. The hearing shall be conducted in public by the CITY'S City Council and the CONTRACTOR shall be allowed to be present and shall be given full opportunity to answer such charges and allegations as are set out against it in the notice. If, after the hearing is concluded, the City Council shall determine that a breach of the terms, covenants or conditions of the Contract, as set forth in the notice, has occurred, they may revoke and cancel this Contract and the same shall be null and void. This Contract may, at the option of the CITY, be terminated in the event of bankruptcy, receivership, or assignment for the benefit of creditors by the CONTRACTOR. T. School Recycling: The CONTRACTOR shall make curbside recycling available to each school at no charge under guidelines set out by the CONTRACTOR and approved by the City Council. U. Spillage: CONTRACTOR will not be required to clean up or collect loose residential Acceptable Waste or Recyclable Materials not created by its operation, but if same is not collected by CONTRACTOR, CONTRACTOR shall report the location of such conditions to CITY so that proper notice can be given to the occupant of the residence to properly contain such waste or materials. Spillage or excess Acceptable Waste or Recyclable Materials at the location of commercial containers may be picked up by CONTRACTOR after the customer reloads the commercial container. CONTRACTOR shall then be entitled to, and shall receive, an extra collection charge for each reloaded container requiring an extra collection provided CONTRACTOR notifies CITY of such extra charge in time for same to be included by CITY in such customer's monthly bills. Should such commercial spillage continue to occur, CITY shall require the commercial customer and CONTRACTOR to increase the frequency of collection of such customer's Acceptable Waste or Recyclable Materials or require the customer to utilize a commercial container with a larger capacity and CONTRACTOR shall be compensated for such additional services. -24- PASSED AND APPROVED this 12th day of May, 1997. APPROVED: APPROVED: ~~s¿~ LAIDLAW WASTE SYSTEMS, INC. -25- Attachment A City of North Richland Hills Laidlaw Waste System Solid Waste & Recycle Residential Rates Effective August 1, 1997 Base Garbage Fee Recycling Fee Total $6.56 $1.69 $8.25 Backdoor Garbage Service Recycling Total $12.00 $1.69 $13.69 Base Garbage Fee Recycling Fee Total $6.56 $0.94 $7.50 Backdoor Garbage Service Recycling Total $12.00 $0.94 $12.94 Note: Loose brush can be picked up for $10.00 per load upon arrangement with Laidlaw. See Section 4A(1) page 6. 05/02/97 garbage/grates. wk4 Attachment B City of North Richland Hills Laidlaw Waste System Solid Waste - Commercialllndustrial and Multi-Family Effective August 1,1997 Front~ Rates: Pickup )I!f' week Size 1X 2X 3X 4X 5X ex EXTRA 2YD 32.48 68.20 107.41 150.38 197.37 248.68 10.86 3YD 45.30 95.14 149.84 209.77 275.33 346.91 16.31 4YD 54.36 114.16 179.81 251.73 330.39 416.30 21.73 6YD 70.97 148.98 234.65 328.51 431.16 543.27 32.59 8YD 79.46 166.86 262.80 387.93 482.90 608.46 43.44 6YD/Compactors 216.07 432.14 648.21 864.28 1,080.35 1,296.42 54.00 8YD/Compactors 262.83 525.66 788.49 1,051.32 1,314.15 1,576.98 65.70 Rolloff Rates: RENTAL HAUL ·DISPOSAL TOTAL DEPOSIT SIZE TYPE DELIVERY PER DAY PER LOAD PER LOAD PER LOAD PER CONT 20YD Open 60.00 4.50 105.00 104.40 209.40 210.00 25YD Open 60.00 4.50 105.00 130.50 235.50 210.00 30YD Open 60.00 4.50 105.00 156.60 261.60 210.00 35YD Open 60.00 4.50 105.00 182.70 287.70 210.00 40YD Open 60.00 4.50 105.00 208.60 313.80 210.00 28YD Compactors None Negotiated 105.00 150.92 255.92 Negotiated 30YD Compactors None Negotiated 105.00 161.70 266.70 Negotiated 35YD Compactors None Negotiated 105.00 188.65 293.65 Negotiated 40YD Compactors None Negotiated 105.00 215.60 320.60 Negotiated 42YD Compactors None Negotiated 105.00 226.38 331.38 Negotiated . Disposal charges based on SanifilUCrow Landfill gate rates. Matrix denotes current gate rates of $5.22I100se yard and $5.39/compacted yard. Rates include 6% billing and collection and 4% franchise fee. COMMERCIAUINDUSTRIAL HANDLOAD 2 TIMES PER WEEK @ $16.50 PER MONTH CASTERS: $6.00IMONTH LOCKS: $1.00/PER LIFT -Recyclable Containers: Pickup )I!f' week Size 1X 2X 3X 4X 5X 6X EXTRA 2YD Free Free Free Free Free Free Free 3YD Free Free Free Free Free Free Free 4YD Free Free Free Free Free Free Free 6YD Free Free Free Free Free Free Free 6YD Free Free Free Free Free Free Free - OCC loads only $15.00 per month container rental per container. All other recycling for commercial, industrial, and Multi-family will be negotiated between contractor and customer and submitted to City for billing. 06118/97 gartlagelgrates.wk4 ATTACHMENT C Designated Area Landfills Used to Determine Increase in Average Gate Rate for Compacted Landfill Material The following area landfills will be used to determine the increase in the average gate rate for compacted landfill material. This percent increase will provide the index by which the Disposal Component of the Base Rate will be modified. The increase in the average rates will be measured over a period spanning May and ending April 30. LANDFILL Farmers Branch DFW Lewisville Turkey Creek Sanifill WMI Westside AlTACHMENT D - MODIFICATION METHODOLOGY GENERAL - Prior to each Rate Modification Date, CONTRACTOR may request that the existing residential and commercial/ industrial rates (the Base Rates) be reviewed for modification. This process involves three basic steps: I. Separate ExistinQ Base Rate Into Operations and Disposal Components Existing residential and commercial/ residential front-load collection and disposal rates (the Base Rates) shall be separated into an Operations Component and a Disposal Component based upon a 70/30 ratio. II. Modify Operations And Disposal Components The Operations Component (70% of the Base Rate) will be adjusted to reflect increases equal to 85% of the increase in the Consumer Price Index (CPI), while the Disposal Component (30% of the Base Rate) will be adjusted to reflect increases in the average gate rate for compacted materials charged by specific area landfills. III. Combine Modified Operations And Disposal Components To Form New Base Rates The modified Operations and Disposal Components will then be combined to produce the new Residential and Commercial rates which will become effective on the next Rate Modification Date. CALCULATION METHODOLOGY - The calculation methodology can again, be illustrated in three steps: I. First, assuming the existing Base Rate to equal B1 then: The current Operations Component ( 01 ) equals the current Base Rate times 70% or: 01 = .7B1 The current Disposal Component ( 01 ) equals the current Base Rate times 30% or: 01 = .3B1 II. Second, the current Operations Component times 85% of the percentage change in the CPI equals the amount of the Operations Component modification. The amount of the modification plus the existing Operations Component equals the new or modified Operations Component or. 01 + [(01) (.85) (percent CPI change)] = 02; Where 01 represents the existing Operations Component and 02 equals the modified Operations Component. The current Disposal Component times the percent change in the average gate rate charged by selected area landfills, equals the amount of the Disposal Component modification. The amount of this modification plus the existing Disposal Component equals the new or modified Disposal Component or: 01 + [(01) (percent average gate rate change» = 02; Where D1 represents the existing Disposal Component and D2 equals the modified Disposal Component. III. Third, the new Base Rate is calculated by combining the modified Operations and Disposal Components or: B2 = 02 +02; where B2 = the new or modified Base Rate, 02 = the new or modified Operations Component, and 02 = the new or modified Disposal Component. ATTACHMENT D (Cont.) EXAMPLE: Hypothetical modification of residential Base Rate Assume the following assumptions as given: 1. The existing Residential Base Rate = $10.00 per month. 2. The applicable CPI @ 09/01/9x = 100 and the applicable CPI @ 08/31/9y = 110 3. The average gate rate for compacted land fill material @ 11/01/9x = $6.00 and the same rate @ 10/31/9y = $ 6.60 STEP 1 Seperate Existing Base Rate Into Operations and Disposal Components Operations Calculation Disposal Calculation Current Current Base Base = Rate Rate I X X X 70% 70% 30% ~ == = = = i I Beginning Operations Beginning Disposal Component $7.00~ Component STEP 2 Modify Operations and Disposal Components Operations Modification IBeg. Operations Component ~Times 85% == ITimes % Inc. in CPt (See a) I = Modification i Modification + Beg i Component = Ending j Component Disposal Modification $7.ooIBeg. Disposal Component 85.00% IN/A 10.00%jTimes % Inc. in Compacted i Gate Rate (See b) $0.60 1= Modification j Modification + Beg ~ Component = Ending $7.60~ Component $:0.00¡ 30% I = æ == § 5 ~ $3.00= i I I $3.001 ¡ 51 ª 10.00%¡ $0.30i = ~ ! $3.30~ I I STEP 3 Combine Modified Operations & Disposal Components To Form New Base Rates I Modified Operations Component +Modified Disposal Component = Modified Base Rate :[a) Calculation of CPllncrease !I ¡Beg CPI :IEnding CPI ;1% Increase $7.60 $3.30 $10.90 fib) Calculation of Gate Rate Increase : 'il : ¡¡Beg Avg Gate Rate $6.00! IIEnding Avg Gate Rate $6.60 ii% Increase 10.00%:, 100 110 10.00°Æ, Attachment E-1 City of North Richland Hills Laidlaw Waste System Maximum Solid Waste & Recycle Residential Rates Effective August 1, 1997 Base Garbage Fee $6.56 $7.22 $7.94 Recycling Fee $1.69 $1.69 $1.69 Total $8.25 $8.91 $9.63 Backdoor Garbage Service $12.00 $13.20 $14.52 Recycling $1.69 $1.69 $1.69 Total $13.69 $14.89 $16.21 Base Garbage Fee $6.56 $7.22 $7.94 Recycling Fee $0.94 $0.94 $0.94 Total $7.50 $8.16 $8.88 Backdoor Garbage Service $12.00 $13.20 $14.52 Recycling $0.94 $0.94 $0.94 Total $12.94 $14.14 $15.46 05/02/97 garbage/grates.wk4 Attachment E-2 City of North Richland Hills Laidlaw Waste System Maximum Solid Waste - Commercial/Industrial and Multi-Family Effective August 1, 1997 8/1/97 - 7/31198 Front-Load Rates: Pickup per week Size 1X 2X 3X 4X 5X 6X EXTRA 2YD 32.48 68.20 107.41 150.38 197.37 248,68 10.86 3YD 45.30 95.14 149.84 209.77 275,33 346.91 16.31 4YD 54.36 114.16 179.81 251,73 330,39 416.30 21.73 6YD 70,97 148.98 234,65 328,51 431.16 543.27 32.59 8YD 79,46 166.86 262.80 367.93 482.90 608.46 43.44 6YD/Compactors 216.07 432.14 648,21 864.28 1,080.35 1,296.42 54.00 8YD/Compactors 262.83 525,66 788.49 1,051 ,32 1,314,15 1 ,576.98 65,70 COMMERCIALIINDUSTRIAL HANDLOAD 2 TIMES PER WEEK @ $16.50 PER MONTH CASTERS: $6,oo/MONTH LOCKS: $1.OOIPER LIFT Year 2 & 3 Maximum Front-Load Rates: Pickup per week Size 1X 2X 3X 4X 5X 6X EXTRA 2YD 35,73 75.02 118,15 165.42 217.11 273,55 11.95 3YD 49.83 104.65 164.82 230.75 302.86 381.60 17,94 4YD 59.80 125,58 197.79 276.90 363.43 457.93 23,90 6YD 78,07 163.88 258.12 361.36 474.28 597.60 35,85 8YD 87.41 183.55 289.08 404,72 531.19 669.31 47,78 6YD/Compactors 237.68 475.35 713.03 950,71 1,188.39 1,426.06 59,40 8YD/Compactors 289.11 578.23 867.34 1,156.45 1,445,57 1,734.68 72.27 COMMERCIAUINDUSTRIAL HANDLOAD 2 TIMES PER WEEK @ $18.15 PER MONTH CASTERS: $6.60/MONTH LOCKS: $1.00/PER LIFT Year 4 & 5 Maximum Front-Load Rates: Pickup per week Size 1X 2X 3X 4X 5X 6X EXTRA 2YD 39,30 82.52 129.97 181.96 238.82 300.91 13.15 3YD 54,81 115.12 181.30 253.83 333.15 419.76 19,73 4YD 65.78 138.14 217.57 304.69 399.77 503.72 26.29 6YD 85.88 180.27 283.93 397.50 521.71 657,36 39,44 8YD 96.15 201.91 317.99 445,19 584.31 736.24 52.56 6YD/Compactors 261.45 522.89 784,33 1,045.78 1,307,23 1,568.67 65.34 8YD/Compactors 318.02 636.05 954.07 1,272.10 1,590.13 1,908.15 79.50 COMMERCIAUlNDUSTRIAL HANDLOAD 2 TIMES PER WEEK @ $19.97 PER MONTH CASTERS: $7.26/MONTH LOCKS: $1.00IPER LIFT 05102197 garbage/grates.wk4 Attachment E-3 City of North Richland Hills laidlaw Waste System Maximum Solid Waste - Commercialllndusbial and Multi-Family Effective Auguat 1, 1997 8/1/97 ·7131/98 Rolloff Rates: RENTAL HAUL "DISPOSAL TOTAL DEPOSIT SIZE TYPE DELIVERY PER DAY PER LOAD PER LOAD PER LOAD PER CONT 20YD Open 60.00 4.50 105.00 104.40 209.40 210.00 25YD Open 60.00 4.50 105.00 130.50 235.50 210,00 30YD Open 60.00 4.50 105.00 156.60 261.60 210.00 35YD Open 60.00 4.50 105.00 182.70 287.70 210.00 40YD Open 60.00 4.50 105.00 208.80 313.80 210.00 28YD Compactors None Negotiated 105.00 150.92 255.92 Negotiated 30YD Compactors None Negotiated 105.00 161.70 266.70 Negotiated 35YD Compactors None Negotiated 105.00 188.65 293.65 Negotiated 40YD Compactors None Negotiated 105.00 215.60 320.60 Negotiated 42YD Compactors None Negotiated 105.00 226.38 331.38 Negotiated .. Disposal charges based on San Ifill/Crow Landfill gate rates. Matrix denotes current gate rates of $5.22/loose yard and $5.39/compacted yard. Rates include 6% billing and collection and 4% franchise fee. Year 2 & 3 Rolloff Rates: RENTAL HAUL DISPOSAL TOTAL DEPOSIT SIZE TYPE DELIVERY PER DAY PER LOAD PER LOAD PER LOAD PER CONT 20YD Open 60.00 4,50 105.00 Gate Rate 105 +Gate Rate 210.00 25YD Open 60.00 4.50 105.00 Gate Rate 105 +Gate Rate 210.00 30YD Open 60,00 4.50 105.00 Gate Rate 105 +Gate Rate 210.00 35YD Open 60.00 4.50 105.00 Gate Rate 105 +Gate Rate 210.00 40YD Open 60.00 4.50 105.00 Gate Rate 105 +Gate Rate 210.00 28YD Compactors None Negotiated 105,00 Gate Rate 105 +Gate Rate Negotiated 30YD Compactors None Negotiated 105.00 Gate Rate 105 +Gate Rate Negotiated 35YD Compactors None Negotiated 105.00 Gate Rate 105 +Gate Rate Negotiated 40YD Compactors None Negotiated 105.00 Gate Rate 105 +Gate Rate Negotiated 42YD Compactors None Negotiated 105,00 Gate Rate 105 +Gate Rate Negotiated Year 4 & 5 Rolloff Rates: RENTAL HAUL DISPOSAL TOTAL DEPOSIT SIZE TYPE DELIVERY PER DAY PER LOAD PER LOAD PER LOAD PER CONT 20YD Open 60.00 4.50 105.00 Gate Rate 105 +Gate Rate 210.00 25YD Open 60.00 4.50 105.00 Gate Rate 105 +Gate Rate 210.00 30YD Open 60.00 4.50 105.00 Gate Rate 105 +Gate Rate 210.00 35YD Open 60.00 4.50 105.00 Gate Rate 105 +Gate Rate 210.00 40YD Open 60.00 4.50 105.00 Gate Rate 105 +Gate Rate 210.00 28YD Compactors None Negotiated 105.00 Gate Rate 105 +Gate Rate Negotiated 30YD Compactors None Negotiated 105.00 Gate Rate 105 +Gate Rate Negotiated 35YD Compactors None Negotiated 105.00 Gate Rate 105 +Gate Rate Negotiated 40YD Compactors None Negotiated 105.00 Gate Rate 105 +Gate Rate Negotiated 42YD Compactors None Negotiated 105.00 Gate Rate 105 +Gate Rate Negotiated 06/16/97 garbage/grates.wk4 - .-~- -'.-' . -,' .',.