R96-48 09-23-96RESOLUTION NO. R96-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN EXCLUSIVE COMMERCIAL AND RESIDENTIAL SOLID
WASTE AND RECYCLING CONTRACT WITH WASTE MANAGEMENT OF
TEXAS, INC., TO COLLECT, PROCESS, AND DISPOSE OF RESIDENTIAL
AND COMMERCIAL REFUSE AND/OR RECYCLABLES WITHIN THE
CORPORATE LIMITS OF THE CITY.
WHEREAS, the City may, pursuant to its police powers, enter into an exclusive
contract with a provider of solid waste removal; and
WHEREAS, said agreement will provide Pearland citizens more efficient and
cost-effective solid waste removal services; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract, a copy of which is attached hereto as
Exhibit "A" and incorporated herein for all purposes, authorizing the City Manager to
enter into an exclusive commercial and residential solid waste and recycling contract
with Waste Management of Texas,/nc., to collect, process, and dispose of residential
and commercial refuse and/or recyclables within the corporate limits of the City, is
hereby authorized and approved.
Section 2. The City Manager or his designee is hereby authorized to execute,
and the City Secretary to attest, Exhibit "A" and any counterparts thereof.
ADOPTED this the ~.~ day of
TOM REID
MAYOR
RESOLUTION NO. R96-48
ATTEST: ,,//
CITY/SECRETARY
APPR~D AS TO FORM:
AMY MO~I-ciTY ATT~RSNVlE~/cULLOUGH
2
EXHIBIT "A"
CITY OF PEARLAND
EXCLUSIVE COMMERCIAL AND RESIDENTIAL
SOLID WASTE AND RECYCLING CONTRACT
This Contract made and entered into at Pearland, Texas, as of the 1st day of October,
1996, by and between the City of Pearland, Texas, a municipal corporation of Brazoria
County, Texas, hereinafter referred to as "CITY ", and Waste Management of Texas, Inc., a
Texas corporation doing business as Waste Management of Southeast Texas, its successors
and assigns hereinafter referred to as "CONTRACTOR".
WITNESSETH:
Scope of Work and Contract
The work to be done by CONTRACTOR pursuant to this Contract consists of collecting
and processing or disposing, at its own cost and expense, Residential Refuse and/or
Recyclables collected from every Residential Unit, and Commercial Refuse collected from
every Large or Small Commercial Unit (including also industrial and institutional units) within
the corporate limits of CITY as the present and future boundaries exist, and the furnishing of
all labor, methods or processes, tools, equipment, and transportation necessary to meet the
requirements of this Contract.
II.
Definition of Terms
Whenever in this Contract the following terms are used, they shall be defined as follows:
Administrative Authority - City Manager.
.Ba.qs - Sacks designed to store refuse with sufficient wall strength to maintain physical
integrity when lifted by the top. Total weight of a Bag and its contents shall not exceed fifty
(50) pounds.
Bulky Waste - Stoves, refrigerators, water tanks, washing machines, other white goods,
furniture, and similar items.
Bundle - Trees, shrub and brush trimmings not exceeding four feet (4') in length or fifty
(50) pounds in weight.
Commercial Refuse - All Garbage, Rubbish, and Bulky Waste generated by a commercial
or industrial unit excluding Hazardous Waste or construction debris except for such incidental
quantities as are regulatorily acceptable and are agreed to by CONTRACTOR.
Commercial Refuse Collection
industrial establishments.
Non-Residential Refuse collected from commercial or
Commercial Refuse Pick-Up ResidentialIv - Commercial Refuse placed in a can, container,
Bag, or Bundle. Cans or containers shall not be larger than thirty-five (35) gallons or fifty (50)
pounds in weight. No more than six (6) thirty-five (35) gallon cans, Bundles, Bags, or
combinations thereof shall be put out for each pick-up, and service shall be of the same type
as a Residential Unit.
Commercial Unit / Small Any multifamily dwellings or commercial/industrial business
establishments within the corporate limits of CITY which are ordinarily incapable of generating
volumes of garbage, trash, and Rubbish in excess of those volumes described in above
paragraph.
Commercial Unit / Lar.~e - Any multifamily dwelling, commercial/industrial establishment,
or other non-single family residential establishment ordinarily capable of generating a larger
volume of garbage or Rubbish in excess of that volume described in small commercial
collection.
Contractor The person, corporation, or partnership performing solid waste collection
and Disposal along with recycling collection and processing under Contract with CITY.
Curbside - Each Bag or Bundle shall be placed at curbside for collection. Curbside refers
to that portion of the right-of-way adjacent to and not exceeding five (5) feet from paved or
traveled CITY roadways, including alleys. Containers, Bags, or Bundles shall be placed within
five (5) feet of the roadway, as practicable without interfering with or endangering the
movement of vehicles or pedestrians. If construction work is being performed in the
right-of-way, then containers, Bags, and Bundles shall be placed as close as practicable to an
access point for the collection vehicle.
Dismount - Dismount shall mean that the driver of a collection vehicle will get out of the
vehicle.
Disposal All Refuse for disposal shall be hauled to approved sites or facilities legally
approved to accept it for treatment or disposal. All recovered materials must be processed
at a certified recovered materials processing facility.
Dumpster - A metal container at least two (2) cubic yards in size, with an attached lid,
and specifically designed for use with a front-end loading packer truck.
Garbaqe All normal and usual household and institutional waste products that are
placed in approved containers or Bags for collection purposes and are usually a mixture of
putrescible, non-putrescible, combustible, and incombustible materials, such as organic wastes
from food preparation and consumption, wrapping and packaging materials, metal, glass and
plastic containers, and other items.
Glass Containers - Glass Containers shall mean waste and scrap glass in various colors
(i.e., flint or clear, green, and amber) which have been rinsed and are reasonably clean. The
glass shall not be broken nor contain:
- metals such as aluminum caps, steel lids,
lead collars or light bulb filament;
- ceramics such as cups, dishes and ovenware;
- stones and dirt;
- plate or window glass;
- heat-resistant glass, such as Pyrex; or
- lead-based glass such as crystal or
television tubes.
Haulin.q All Refuse hauled by CONTRACTOR shall be so contained, tied, or enclosed
that leaking, spilling, or blowing are prevented.
Hazardous Waste - Any chemical compound, mixture, substance, or article which is
designated by the United States Environmental Protection Agency or appropriate agency of
the State of Texas "hazardous" as that term is defined by or pursuant to Federal, State, or
local laws or ordinances.
Non-Discrimination - CONTRACTOR shall not discriminate against any person because
of race, sex, age, creed, color, religion, or national origin.
Notification CITY shall notify all residential customers about complaint procedures,
rates, regulations, and days for scheduled Recyclables collection.
Old Newspaper ("ONP") - ONP shall mean newspaper containing less than five percent
(5%) paper other than news and not more than the normal percentage of rotogravure and
colored sections. Papers should not be tied or strapped together. ONP should be neatly
stacked or in a brown bag alongside of or on top of or under the recycling collection bin.
Plastic Bottles - Plastic Bottles shall mean plastic milk or water jugs (high density
polyethylene or HDPE) - no colored plastic. Caps shall be removed and the bottles rinsed and
reasonably clean before placing in the recycling container.
Point of Contact - All dealings, contacts, etc., between CONTRACTOR and CITY shall
be directed by CONTRACTOR to the City Manager of CITY.
Rec¥clables Includes ONP, UBC, Glass Containers, and Plastic Bottles.
Refuse - Includes, but is not limited to, all Residential Refuse and Commercial Refuse.
Residential Refuse - All Garbage, Rubbish, Bulky Waste, and all other items that may be
deposited in a sanitary landfill generated by an occupant of a Residential Unit, excluding
Hazardous Waste except for such incidental quantities as are regulatorily acceptable.
Residential Unit - A dwelling within the corporate limits of CITY occupied by a person
or group of persons comprising not more than four (4) families. A Residential Unit shall be
deemed occupied when either water or domestic light and power service are being supplied
thereto. A condominium dwelling, whether of single or multi-level construction, or separate
single-family dwelling units, including mobile homes, shall be treated as a Residential Unit,
except that each single-family dwelling within any such dwelling or construction shall be billed
separately as a Residential Unit. Upon request of CONTRACTOR, from time to time CITY shall
provide CONTRACTOR with timely information (identity and address) on all Residential Units
obtained from its or others' water billing records.
Roll-Off Container A large metal container, open or closed top, that can be rolled on
to the back of a truck. Sizes of Roll-Off Containers are generally 20, 30, or 40 cubic yards.
Roll-Off Container Service - All materials disposed of under Roll-Off Container service
may be Commercial Refuse and any other Refuse that may be deposited in a sanitary landfill,
and that is suitable for a Roll-Off Container. This excludes Hazardous Waste.
Rubbish - All waste wood, wood products, tree trimmings, grass cuttings, dead plants,
weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter,
paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing,
used and discarded shoes and boots, combustible waste pulp and other products, such as are
used for packaging or wrapping, crockery and glass, ashes, cinders, floor sweepings, mineral
or metallic substances, soil, dirt, concrete, lumber, and bricks.
Steel Cans - Steel Cans shall mean all steel containers with the exception of hazardous
material and paint containers. Steel Cans shall be empty, rinsed and reasonably cleaned, and
placed singly in the recycling bin.
Used Bevera.qe Cans ("UBC") - UBC shall mean all-aluminum beverage containers which
are placed singly, empty, and reasonably clean in the bin for recycling.
III.
Equipment
CONTRACTOR will furnish, during the period of this Contract, a sufficient number of
packer and Roll-Off Container type trucks with sufficient operators and workmen for each, to
collect and dispose of all Refuse in CITY from commercial and industrial customers; and a
sufficient number of recycling-type trucks, with sufficient operators and workmen for each,
to collect Recyclables in CITY from residential-type customers, and adequate equipment to
process said Recyclables. All equipment must be in good working order and equipment may
be inspected and approved by CITY before the execution of the Contract. All equipment shall
bear the name of CONTRACTOR and CONTRACTOR's local telephone number which shall be
displayed on such equipment in a clear, legible manner.
All Dumpsters and Roll-Off Containers requested by commercial customers shall be
maintained by CONTRACTOR in good condition. Dumpsters will be changed as needed to
maintain all health and safety concerns free of charge. All other container movement will be
as agreed by the CONTRACTOR and commercial customer.
IV.
Office Hours
CONTRACTOR shall maintain an office at some fixed location and shall maintain a local
telephone at such office listed in the telephone directory in the name of its company, and shall
at all times between the hours of 8:00 A.M. and 5:00 P.M. of each day, excepting Saturday
afternoons, Sundays, and holidays, have some responsible person at such office with whom
the public, the Administrative Authority, or other responsible CITY official or employee may
communicate, discuss, and refer any complaint arising in connection with such services.
Complaints shall be investigated promptly and appropriate action taken. The telephone for
CONTRACTOR shall be on a toll-free exchange to all residents of CITY and listed in each
telephone directory in which each portion of CITY is included,
Collection
It is hereby agreed, understood, and contracted that the CONTRACTOR shall do and
perform the following acts:
A. Residential collection and Disposal.
CONTRACTOR shall pick up all Bags and Bundles of Residential Refuse from every
Residential Unit in CITY, twice each week, except where a CITY observed holiday occurs
during such a week, in which event the pick-up scheduled for that day will be postponed until
the next scheduled pick-up, and except for emergencies resulting from Acts of God or where
proper payment has not been received.
Each Bag, Bundle, or Bulky Material shall be placed at Curbside for collection.
Major appliances that contain refrigerant must be drained and tagged by a certified
refrigerant recycler prior to Disposal.
It shall be the responsibility of the Residential Unit to place his Refuse at the proper
Curbside location on his regularly scheduled pick-up days at or before 7:00 A.M. on weekdays
and 9:00 A.M. on Saturdays, and to comply with the following:
ao
Only Refuse in Bags of the usual size shall be picked up, not to exceed fifty
(50) pounds in weight.
b. Moving boxes must be broken down.
Limbs must be cut and bundled so as not to exceed over four feet (4') in
length or over fifty (50) pounds in weight.
do
Soil, dirt, concrete, lumber, grass-dirt, bricks, or similar materials are to be
placed in Bundles in such quantity so the weight of the can, container, Bag,
or Bundle shall not exceed fifty (50) pounds.
Disabled persons registered at City Hall shall receive garage door collection
services twice per week at the same rate charged customers receiving
residential and recycling collection services.
B. City service specifications.
Service to facilities owned and/or operated by the City of Pearland shall be
provided at no cost to the CITY. Facilities for which service shall be provided at no cost
include but are not limited to: City Hall, Public Works Facility, Independence Park (including
swimming pool and pavilion), Public Safety Building, Melvin Knapp Activity Building, Animal
Shelter, City Barn/Fire Station, EMS Building/Recycling Center and any other like facilities
acquired by the CITY during the terms of the contract. Service shall be at a frequency and
container size specified by the City Manager.
CONTRACTOR shall provide service to the following City Events: Community
Clean Up Days, twice per year (roadside bag-it program); CITY annual picnic and annual
Easter egg hunt. Bags should be picked up within three (3) working days.
C. Small commercial collection and Disposal.
CONTRACTOR shall once or twice each week provide "Curbside" pick-up from
each small commercial establishment in the CITY and dispose of the contents of SIX (6)
Garbage or Rubbish containers not to exceed THIRTY-TWO (32) gallons in size nor FIFTY (50)
pounds in weight, and TWO (2) Bundles of grass, brush, and tree limbs, provided such items
are bagged or securely tied to prevent spillage. Tree limbs and brush must be trimmed and
cut to lengths not to exceed FOUR (4) feet and tied in Bundles not to exceed FIFTY (50)
pounds in weight.
It shall be the responsibility of the commercial customer serviced residentially to
place his Refuse at the proper Curbside location on his regularly scheduled pick-up day(s) at
or before 7:00 A.M. on weekdays and 9:00 A.M. on Saturdays and to comply with the
following:
Only Refuse in Bags of the usual size shall be picked up, not to exceed fifty
(50) pounds in weight.
b. Moving boxes must be broken down.
Limbs must be cut and bundled so as not to exceed over four feet (4') in
length or over fifty (50) pounds in weight.
Soil, dirt, concrete, lumber, grass-dirt, bricks, or similar materials are to be
placed in cans, containers, or Bundles in such quantity so the weight of the
can, container, or Bundles shall not exceed fifty (50) pounds.
D. Large commercial collection and Disposal for permanent or temporary service.
CONTRACTOR shall make at least two (2) weekly collections at all commercial
establishments subject to the terms of this Contract and at sufficient additional intervals
necessary to perform adequate services and to protect the environment, unless otherwise
approved in advance by the CITY, provided however, where the Refuse is exclusively non-
putrescible in nature, once weekly collections are permitted.
Where a CITY observed holiday occurs during such a week, the pick-up scheduled
for that day will be performed the day before or the day after said holiday. CONTRACTOR
shall not be required to perform during emergencies resulting from Acts of God or where
proper payment has not been received.
Dumpster will be located at a place convenient and safely serviceable to
CONTRACTOR and the commercial customer.
CONTRACTOR or CITY shall not be responsible for damage which is not
negligently or willfully caused by CONTRACTOR to any private pavement or accompanying
sub-surface, or any drive approach connecting said private pavement to public street or alley,
of any route reasonably necessary to perform the services herein contracted, provided
CONTRACTOR has an agreement with the customer containing a provision to this effect.
No commercial container or Dumpster should be overloaded to the point where the
lid or covers will not close.
CONTRACTOR may decline to empty an overloaded container until the customer
unloads the container to the point where the lid or covers will close, or until other mutually
agreeable arrangements have been made.
E. Residential recycling collection, processing, and reporting.
CONTRACTOR shall pick up all residential Recyclables from every building used
for residential purposes in CITY, once each week, except when a holiday occurs during such
week (in which event the pick-up scheduled for that day shall be postponed until the next
scheduled pick-up), and except for emergencies resulting from Acts of God or where proper
payment has not been received. CONTRACTOR will provide service to Clean Pearland's
recycling station at no charge.
Residential Recyclables are: old newsprint, magazines, used beverage containers,
Plastic Bottles, Steel Cans, Glass Containers, and any other recyclable materials, the addition
of which is agreed by CONTRACTOR and CITY.
CONTRACTOR shall utilize a plastic bin(s) for resident's use in the collection of
Recyclables. The recycling bins shall remain the property of CONTRACTOR. The
CONTRACTOR shall replace a recycling bin at no charge to the resident if the recycling bin
has been damaged through no fault of the resident. If a resident loses his recycling bin, a
replacement bin can be purchased by the resident at a price of Six Dollars ($6.00) per bin.
CONTRACTOR will deliver replacement bins to residents.
CONTRACTOR will prepare annual TNRCC reports which will include information
on recycling activities and waste collection volumes. CONTRACTOR shall provide the CITY
with a copy of these reports.
Vl.
Right to Alter Recyclables Collected
If, at any time, the CITY or CONTRACTOR determines that additional recyclable materials
are economically feasible to include in the recycling program, CITY or CONTRACTOR reserves
the right to negotiate the addition of said items to the list of recyclable materials and a
corresponding adjustment in the compensation will be negotiated. Likewise, if any item
becomes infeasible to continue in the recycling program due to lack of volume, lack of
adequate market pricing, or poor quality of items received, CITY or CONTRACTOR reserves
the right to exclude or discontinue said item from the recycling program with the consent of
both parties. CONTRACTOR does not guarantee the existence of a market or any buyer at
any time for recyclable materials.
VII.
Right to Propose Pilot Programs
The CITY and CONTRACTOR may agree at any time to engage in a pilot program to
justify the benefits and feasibility of such program to the CITY and CONTRACTOR. If such
program is deemed successful, the CITY and CONTRACTOR may negotiate terms and
compensation, if necessary.
VIII.
Bonds and Insurance
CONTRACTOR shall maintain in full force and effect during the term of the Contract,
workmen's compensation insurance in accordance with the Workmen's Compensation
statutes of the State of Texas, and public liability, employer's liability, and property damage
insurance, including contractual liability coverage for the indemnity provisions of the Contract
in a form acceptable to the CITY ATTORNEY for the benefit of the third persons who may be
injured or damaged as a result of any negligent operations or other wrongful conduct of said
CONTRACTOR in the performance of his work under the Contract.
All insurance shall be by an insurance company and for policy limits acceptable to CITY.
Prior to the commencement of the Contract, CONTRACTOR agrees to furnish CITY certificates
of insurance to the effect that such insurance has been procured and is in force.
Notice of cancellation of such policies shall be given to CITY not less than thirty (30) days
prior to the cancellation date.
For the purpose of this Contract, CONTRACTOR shall carry the following types of
insurance in at least the limits as specified below:
COVERAGES
LIMITS OF LIABILITY
Workmen's Compensation
statutory
Employer's Liability
$ 5,000,000
Bodily Injury Liability
Except Automobile
5,000,000 each occurrence
5,000,000 aggregate
Property Damage Liability
Except Automobile
5,000,000 each occurrence
5,000,000 aggregate
Automobile Bodily Injury
Liability
5,000,000 each person
5,000,000 each occurrence
Automobile Property Damage
Liability
$ 5,000,000 each occurrence
Fire Damage
$ 2,000,000 any one fire
8
Excess Umbrella Liability
5,000,000 each occurrence
CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any
accident, loss, or damage happening or occurring in the performance of the work under this
Contract and CONTRACTOR shall indemnify and hold harmless CITY and its officers and
employees in the event of any and all liability arising therefrom if and to the extent caused by
CONTRACTOR's negligence or wilful breach hereof.
CONTRACTOR shall furnish and maintain a faithful performance bond during the full term
of the Contract in the amount of One Hundred Fifty Thousand Dollars ($150,000) as a
guarantee that it will faithfully perform the Contract. Said bond shall be issued by a duly
authorized corporate surety company authorized to do business in the State of Texas.
Said bond shall be made payable to CITY or as may be provided by law, and be subject
to the approval of the CITY ATTORNEY as to form and the City Manager as to surety. Said
bonds shall remain in force for the entire length of the Contract.
IX.
Reports
CONTRACTOR shall submit periodic reports and special reports to the Administrative
Authority as may be deemed reasonable. CONTRACTOR shall, through its billing procedure,
show the name of each customer, the address thereof, and the type of service provided.
CITY may review CONTRACTOR'S records and reports on service during regular office hours.
Assignment
This Contract shall not be assigned or transferred without the written consent of the CITY
COUNCIL nor shall any subcontractor be recognized or dealt with by the CITY COUNCIL or
any of the persons chargeable with the enforcement of the Contract.
Xl.
Defaults
The breach of any of the terms and/or conditions of this Contract on the part of
CONTRACTOR which are not remedied within thirty (30) days after notice from CITY, unless
performance is prevented by Acts of God, or in the event of bankruptcy proceedings by
CONTRACTOR, shall be grounds for cancellation by CITY. Upon such termination, CITY shall
be at liberty to re-let the work to other parties or to undertake directly the performance of said
work. In either case, CONTRACTOR and his surety shall be liable for any excess cost
occasioned to CITY over and above that which would have been due and payable to
CONTRACTOR under the terms of the Contract. Termination of the Contract as herein
provided shall not terminate, suspend, or affect the liability of CONTRACTOR or the surety
upon the bond.
If CITY fails to pay amounts owing to CONTRACTOR, CONTRACTOR may terminate this
Contract not less than THIRTY (30) days following CONTRACTOR's written notice thereof to
CITY.
XlI.
Compliance with All Laws
CONTRACTOR agrees to conform to and abide by all of the rules, regulations, and
ordinances of CITY governing the picking up, hauling, processing and/or disposing of
Recyclables and Refuse.
CONTRACTOR agrees to conform to and abide by all of the valid rules, regulations, and
ordinances of any city or other jurisdiction through which Recyclables and/or Refuse may be
hauled, processed, or disposed of, governing the picking up, hauling, processing, and/or
Disposal of said Recyclables or Refuse.
CONTRACTOR agrees, when Recyclables and/or Refuse is hauled to or through the
unincorporated territory of any county, to conform to and abide by all the rules, regulations,
and ordinances of any county governing the picking up, hauling, processing, and/or disposal
of said Recyclables or Refuse.
CONTRACTOR agrees to abide by all the laws of the State of Texas governing the picking
up, hauling, processing, and/or disposal of Recyclables and Refuse.
XlII.
Compensation
A. Residential and Recycling
CITY agrees to pay and CONTRACTOR agrees to receive and accept for the
Curbside collection of Recyclables and solid waste the rate of Eleven Dollars and Seventeen
Cents ($11.17) per Residential Unit as full compensation for (1) doing all of the work
contemplated and embraced in the Contract, (2) all loss or damages arising out of the nature
of the work aforesaid or from the acts of the elements or from any unforeseen difficulties or
obstructions which may arise or be encountered in the prosecution of the work until its
acceptance by the CITY, (3) all risks of every description connected with the work, (4) all
expenses incurred by or in consequence of the suspension or discontinuance of work, and (5)
well and faithfully completing the work and the whole thereof in the manner and according
to the terms of this Contract. The City shall retain One Dollar ($1.00) per month per account
as a processing fee for billing and collection. The City shall retain fifteen percent (15%) of
the gross collection minus the processing fee as a franchise fee.
Residential Collection for Residential Refuse (Bag only) and Bulky Materials
811.17/Month for no limit twice per week Residential Refuse and once per week recycling per
residence.
10
Gross Collection Fee
less Processing Fee for Billing & Collections
11.17
1 .OO
NET COLLECTION FEE
10.17
-less Franchise Fee (15% of Net Collection Fee)
1.53
Payment to CONTRACTOR
$ 8.64
CONTRACTOR further agrees to process, store, or market the Recyclables to an
end user. The processing shall include: removal of contaminates from newspapers;
separation of glass by color; separation and flattening of aluminum cans; and separation and
baling of Plastic Bottles. The CITY shall receive a monthly payment of Five Thousand Dollars
($5,000) for promotion of recycling activities and environmental education. Payment by
CONTRACTOR to CITY, or to tax exempt entity under contract to CITY to provide the
aforementioned services and designated in writing by CITY to receive the monthly payment
from CONTRACTOR directly, shall be made within THIRTY (30) days following the month in
which residential recycling services were rendered.
The policy pertaining to delinquent notices for Residential Refuse billing and
charges for delinquent payment for Residential Refuse billing shall be the same as the one for
delinquent water utility billing under the CITY's utility billing policy then in effect.
The CITY shall pay the CONTRACTOR monthly, at the rate specified above, for
each residence billed and serviced during that month. Such payment shall be made by the
TWENTIETH (20th) day of the month for which the billing is due.
Residential Collection for Non-Bundled Brush and Bulky Materials
One man crew and truck
$ 85.00
per hour
Two man crew and truck
9110.00
per hour
Three man crew and truck
9135.O0
per hour
B. Commercial
As compensation for collecting Commercial Refuse, CITY agrees to pay and
CONTRACTOR agrees to receive and accept a minimum of TWO (2) cubic yards per pickup
with the monthly charges as follows:
Small Commercial Collection for small businesses that need no Dumpster service such as: Dry
Cleaners, Doctors or Real Estate Offices, Barber Shops, Beauty Shops, Etc.:
11
$18.47/Month for once a week pickup with curb service for businesses that do not generate
putrescible waste.
926.32/Month for twice a week pickup with curb service.
(Maximum of five (5) thirty-two (32) gallon containers.)
Monthly Fee for Comnlercial or Business Container Pickup:
FREQUENCY PER WEEK
SIZE 1 X 2X 3X 4X
2CY t~ 46.48 9 67.77
3CY 9 56.57 9 85.69
4CY 9 65.53 $100.25 9134.99
6CY 9 81.22 9133.86 9169.87 9225.95
8CY 9 95.78 9164.10 9225.95 9300.70
5X 6X
9282.01 9338.08
9375.46 9450.21
Casters (per month)
Container roll-out (per occurrence)
Locking device or lock (monthly)
Dismount fee (per occurrence)
Commercial Recycling Fror~t-Load:
Six (6) cubic yard serviced once per week
Six (6) cubic yard serviced twice per week
Extra Dump Rates:
Two (2) cubic yard
Three (3) cubic yard
Four (4) cubic yard
Six (6) cubic yard
Eight (8) cubic yard
Sludge Removal:
Haul per Box
Disposal Fee per Manifested Cubic Yard
Fee for Trash Compactor:
28 Cubic Yard Compactor per Pickup
40 Cubic Yard Compactor per Pickup
Front Load Compacted Refuse per Cubic Yard
10.00
11.00
5.00
5.00
9 55.00
9105.00
27.14
31.48
33.64
37.99
43.42
25.00
7.5O
9298.00
8315.OO
7.22
Catastrophic Events:
Rates for service provided during cleanup from catastrophic events:
1. Fees for use of Roll-Off Containers and Disposal of waste placed in them:
Rental Fee
20 cubic yard
30 cubic yard
40 cubic yard
$100.00/Month
$256.00
$282.50
$309.00
2. Fees for pickup of Bulky Materials:
One man crew and truck
$ 85.00
per hour
Two man crew and truck
9110.00
per hour
Three man crew and truck
$135.00
per hour
CONTRACTOR shall bill the CITY for services on a monthly basis. CONTRACTOR
shall bill the CITY for services on a monthly basis. Payment shall be remitted by the CITY
within twenty (20) days from receipt of invoice. The CITY shall retain eighteen percent (18%)
of the gross billing as a franchise fee. Sludge removal for CITY shall not be subject to the
18% franchise fee.
CITY shall not bill CONTRACTOR's customers for provision of Roll-Off Containers
utilized in the collection of construction debris or recyclable cardboard compactor containers,
nor shall provision of such services by CONTRACTOR be subject to the 18% franchise fee.
XlV.
Term
The initial term of this Contract shall be for the period commencing on and including the
1 st day of October, 1996, and expiring five (5) years later on September 30, 2001. After the
expiration of the initial five-year term, the Contract shall be extended for an additional FIVE
(5) year term unless non-renewal notice of no less than NINETY (90) days is given by either
party (by certified or registered mail, return receipt requested) prior to the expiration date.
Except as otherwise allowed by this Contract, the CONTRACTOR and the CITY hereby
agree that the collection fees for such garbage collection and Disposal, as stated above, shall
be binding upon both parties for the first TWO (2) years of this Contract and shall be subject
to review and negotiation on an annual basis thereafter. In the event the CONTRACTOR
determines that an increase in such collection fees is required after TWO (2) years due to
escalation of the CONTRACTOR's cost in providing such service, then the CONTRACTOR shall
submit in writing, to the CITY, its proposal for increased fees and all supporting data related
thereto.
13
After the second year of this Contract, CONTRACTOR may submit to the CITY, in writing,
a proposal for increased fees based on the Galveston/Houston Consumer Price Index (CPI),
landfill increases, or unusual cost increases caused by the passage of laws, ordinances, or
regulations set forth by local, state, and/or federal agencies. The CPI increase for years 3, 4,
and 5 shall not exceed four percent (4%).
At any time, the CONTRACTOR may submit to the CITY, in writing, a proposal with
supporting documentation for increased collection fees based on unusual cost increases
caused by the passage of laws, ordinances, regulations, or mandates of the City, State, or
Federal governments. If the CITY fails to approve such proposed fees on or before THIRTY
(30) days after such proposal has been submitted to the CITY, the CONTRACTOR shall be
entitled to terminate this Contract by giving THIRTY (30) days written notice to the CITY.
XV.
Contractor's Duties
For and in consideration of the payments and agreements herein mentioned to be made
and performed by CITY and under the conditions expressed in the bonds bearing even date
with this Contract and hereunder annexed, CONTRACTOR agrees with CITY, at its own cost
and expense, to collect and dispose of Refuse, and to collect and process residential
Recyclables in CITY in accordance with the terms and conditions of this Contract.
Furthermore, CONTRACTOR agrees to provide the materials and services as listed below:
Develop an educational mailout to cover the Curbside recycling program (when,
where, why, how, do's, and don'ts), regular solid waste programs, "Don't Bag It"
program, and composting program.
CONTRACTOR's Public Sector Services Representative will be actively involved
in the Clean Pearland programs throughout the year.
Provide "Waste in Place" or "Waste: A Hidden Resource" curriculum guide to
each school.
D. Give joint presentations annually to elementary schools.
Attend and give presentations to various adult groups to encourage recycling, the
"Don't Bag It" program, and backyard composting.
XVl.
Hours
CONTRACTOR shall pick-up Residential Refuse and Recyclables throughout CITY and shall
service all Residential Units wherever located in CITY. Refuse and recycle services shall be
extended between the hours of 7:00 a.m. and 5:00 p.m. only, except upon mutual agreement
by CITY and CONTRACTOR that an exception is necessary in order to complete collection on
an existing collection route due to unusual circumstances. If Saturday residential or small
commercial collection is scheduled, the hours shall be between 9:00 a.m. and 5:00 p.m.
CONTRACTOR shall pick-up Commercial Refuse throughout CITY and shall service all
commercial customers wherever located in CITY. Commercial Refuse service shall be
extended between the hours of 5:00 a.m. and 5:00 p.m. only, except upon mutual agreement
by CITY and CONTRACTOR that an exception is necessary in order to complete collection on
an existing collection route due to unusual circumstances. CITY may direct CONTRACTOR
to delay collection to no later than 7:00 A.M. at locations where commercial collection
activities disturb the peace in immediately adjacent residential areas in violation of CITY
ordinances.
Collection routes shall be established by CONTRACTOR. CONTRACTOR shall submit a
map designating the collection routes to CITY for its approval. CONTRACTOR shall be
required to publish collection routes in the local newspapers or in any other CITY approved
manner prior to beginning the Contract. CONTRACTOR may, from time to time, propose to
CITY for approval, changes in routes or days of collection.
XVlI.
Holidays
The following shall be holidays for the purposes of this Contract:
New Years Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
CONTRACTOR may decide to observe any or all of the above mentioned holidays by
suspension of collection service on the holiday, but such decision in no manner relieves
CONTRACTOR of his obligation to provide Residential Refuse collection service at least once
per week for those weeks in which a holiday occurs.
XVlII.
Complaints
All complaints shall be made directly to CONTRACTOR and shall be given prompt and
courteous attention. In the case of alleged missed scheduled collections, CONTRACTOR shall
investigate and, if such allegations are verified, shall arrange for the collection of refuse not
collected within TWENTY-FOUR (24) hours after the complaint is received. CONTRACTOR
shall provide on or about the TENTH (10th) day of each month a list of complaints and
resolutions.
XlX.
Force Majeure
Neither CITY nor CONTRACTOR shall be responsible for delays caused by Acts of God,
government laws or regulations, war, epidemic, strikes or lockouts, riots, power failure, or
other causes beyond its control, provided, however, that either party shall have the right to
terminate this Contract on THIRTY (30) days notice if the delay does not abate within a period
of NINETY (90) days.
15
XX.
Superfund Indemnification
The CONTRACTOR agrees to indemnify, defend, and hold harmless the CITY from all
liability (including attorney's fees) for removal or remedial actions under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (also known as Superfund)
or comparable state law incurred as the result of the Disposal under the Contract after the
date hereof of the CITY's waste materials at a facility (defined below). For purposes of this
indemnification, "facility" shall mean those disposal facilities owned by the CONTRACTOR or
owned by a company under common ownership and control of the CONTRACTOR.
XXl.
Notices
Any notices required to be given hereunder shall be deemed given to the parties when
mailed, postage prepaid, to the parties at the following respective addresses.
When to the CITY:
The City of Pearland
3519 Liberty Drive
Pearland, Texas 77581-5416
When to the CONTRACTOR:
Waste Management of Southeast Texas
1555 FM 517 West
Dickinson, Texas 77539-0337
XXlI.
Exclusive
Except for provisions of Roll-Off Containers utilized in the collection of construction debris
and recyclable cardboard compactor containers, CONTRACTOR shall have the sole and
exclusive permit to provide residential recycling services and residential, commercial, and
industrial collection, removal, and Disposal services within the corporate limits of CITY
(including without limitation any areas incorporated by CITY during the term hereof) as those
services have been specifically defined in this Contract.
In witness hereof, CONTRACTOR and CITY have executed this Contract this ~ ~("~
day of ~ o,,,,,'~.~t..fl 996.
City Manager
CITY OF PEARLAND, TEXAS
Yola _~e~nite
City SeCretary
WASTE MANAGEMENT OF SOUTHEAST TEXAS
William P. Gibson
President & General Manager
ATTEST:
Sales Manager
3.'7
3519 Liberty Drive · ~Pearland, Texas 77581-5416
(713) 485-2411 Fax (713) 485-8764
AGENDA ITEM
To:
Mayor and City Council
Through:
From:
Subject:
Paul Grohman, City Manager
Richard Burdine, Assistant City Manager~
Sanitation Contract
Date:
September 20, 1996
On February 26, 1996, the City Council authorized the city manager to enter into an
agreement with LS&R Consulting Group to assist staff in development of a Request For
Proposal (RFP) for Sanitation Services and to evaluate vendors' proposals once received.
A committee of Bob Stephens with LS&R, Delores Fenwick and Stella Roberts from
Clean Pearland, and I worked closely on the RFP.
The RFP was released to potential vendors on June 12 and five proposals were received
and opened on July 12, 1996. Based on the initial financial analysis (copy attached), we
began negotiations with the vendors having the most competitive proposals, Browning-
Ferris Inc. (BFI) and Waste Management of Texas, Inc. (Waste Management), the current
vendor.
In negotiations, we pursued keeping our current rates the same for as long as possible and
then limiting future increases as much as possible. The follow-up proposal of Waste
Management was superior to that of BFI with rates frozen for two years and then
increases based on the Consumer Price Index (CPI) for the Houston area, but capped at
no more than 4% per year. Waste Management also increased their franchise fee over the
original proposal.
The attached contract has been thoroughly reviewed by City staff, our consultant and
Waste Management staff, and is acceptable to all parties. I recommend award of proposal
to Waste Management of Texas, Inc. and City Council authorization of the city manager
to execute the contract on the City's behalf.
8.8.
8.8.
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