R2011-040 - 2011-04-11ATTEST:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, RENEWING AND AMENDING A SOLID WASTE AND RECYCLING
CONTRACT WITH WASTE MANAGEMENT OF TEXAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and Waste
Management of Texas, a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby renewed and amended.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Waste Management of Texas for solid
waste and recycling services.
PASSED, APPROVED and ADOPTED this the 11 day of April, A.D., 2011.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION NO. R2011-40
2.4
TOM REID
MAYOR
FIRST AMENDMENT TO EXCLUSIVE COMMERCIAL
AND RESIDENTIAL SOLID WASTE AND RECYCLING CONTRACT
This "FIRST AMENDMENT TO EXCLUSIVE COMMERCIAL AND
RESIDENTIAL SOLID WSTE AND RECYCLING CONTRACT (this "Amendment is
entered into as of the 5 day of A. P r 1 2011, by and between the CITY OF
PEARLAND, TEXAS "CITY and WASTE MANAGEMENT OF TEXAS, INC.
"CONTRACTOR a Texas corporation.
WITNESSETH:
WHEREAS, the CITY and CONTRACTOR have previously entered into a certain
Exclusive Commercial and Residential Solid Waste and Recycling Contract, dated on or about
October 1, 2006 "Contract whereby CONTRACTOR agreed to provide certain waste and
recycling collection and processing services to the CITY and its residents and commercial
businesses as more particularly set forth in the Contract; and
WHEREAS, CITY and CONTRACTOR now desire to extend the Contract term, and to
otherwise amend the Contract, as more particularly set forth below.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and confessed, the parties hereto agree as follows:
1. The language in Section III entitled "Term" is hereby replaced by the following
language:
The term of the Contract is extended from October 1, 2011 to September 30, 2016. The
CONTRACTOR agrees to continue providing service to the CITY under the terms of this
Contract for 180 days beyond the expiration of the term "Holdover provided the CITY gives
CONTRACTOR written notice no later than July 31, 2016 of its intent to Holdover over for 180
days and so long as a new Contract has not been awarded or this Contract has not been renewed.
The parties may agree to extend that Contract for an additional five (5) year term, if mutually
agreed by both the CITY and CONTRACTOR on terms acceptable to both parties, in each
party's sole discretion, prior to the expiration of the term.
2. The following definitions shall be modified or added to Section II, Definitions, of the
Contract:
2.31 Plastic Containers: Plastic containers of Type #1 through Type #7, except Type #6
which is styrofoam.
2.32 Point of Contact: All dealings, contacts, etc. between CONTRACTOR and CITY shall
be directed by CONTRACTOR to the CITY Manager of CITY or his designee(s), except
as otherwise allowed in this Contract.
2.50 Materials Recovery Facility (MRF): A facility engaged solely in the storage,
processing, resale, or reuse of recyclable materials.
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2.51 Single Stream: The commingling of all the Recyclables allowed under this Contract into
recycling bins and transported in a truck specifically designated for recycling.
2.52 Non Collection Notice: A form used by the CONTRACTOR to notify Customers of the
reason(s) for non collection of materials set out by the Customer for collection by the
CONTRACTOR pursuant to the Contract, developed by the CONTRACTOR and
approved by the CITY.
2.53 Bagster A bag that is 8' long by 4' wide by 2'6" tall, made of woven material, that will
hold up to 3 cubic yards /606 gallons of debris, and up to 3,300 pounds of material.
3. The following language is hereby modified or added to Section VI of the Contract
entitled "Office Hours; Routes; Communications; Annexation" as follows:
6.03 Dealings between CONTRACTOR and CITY shall be directed by CONTRACTOR to
the Administrative Authority or his/her designee(s).
6.04 CONTRACTOR shall provide one (1) primary point of contact, which is the Director
of Governmental Affairs, that the CITY can refer to for new service, terminated service,
change of service, customer complaints, etc. In addition to the primary point of
contact, the CITY agrees to send requests of the type listed above to the
CONTRACTOR'S residential or commercial route manager, district manager, and public
sector representative. CONTRACTOR shall ensure there are back -up personnel available
to contact and assist in case of the point of contact's illness, vacation, etc. and that
Point of Contact personnel phones are forwarded to a live person in their absence.
Contractor agrees to inform the City if there is a change in personnel for the primary
point of contact.
6.05 CONTRACTOR shall notify CITY by 6:00 a.m. on day of service or day before if
known, if service will not be provided due to a "Force Majeure" event. If
CONTRACTOR begins service and then makes a determination to stop service mid-
day due to Force Majeure, then CONTRACTOR will provide notification to the CITY as
soon as possible. As soon as practical after such Force Majeure event, the
CONTRACTOR shall advise the CITY when it is anticipated that normal routes and
schedules can be resumed.
4. The following language in Section VII of the Contract entitled "Collection Services," is
hereby modified as set forth below:
7.01(c)(i) CONTRACTOR shall pick up all Residential Unit Recyclables placed in a
Recycling Container once per week. Residential Recyclables include juice boxes, glass
containers (clear, brown, green), tin -steel cans, paper board, card board, magazines,
aluminum cans, newspapers, junk mail, phone books, office paper, and plastics all codes
#1 through #7, except for #6 which is styro -foam products). Cardboard and newspaper
that have been properly set out and have become wet due to weather conditions shall be
collected by CONTRACTOR. Changes to the list of Recyclables will be allowed by
mutual written agreement between CONTRACTOR and CITY.
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7.05 Service to facilities owned and/or operated by the CITY shall be provided at no
cost to the CITY. Service shall be at a frequency and types of equipment shall be
reasonably determined by CITY. CONTRACTOR shall provide commercial recycling
containers or another type of recycling container for all CITY facilities, and collect the
Recyclables placed in such containers no more than once per week, at no cost to the
CITY.
5. The parties agree to add the following new subsections to Section VII of the Contract
entitled "Collection Services:"
7.01(d) Other Services. The parties acknowledge that the CITY desires to remain
informed about new technologies, enhancements, or advances in waste handling,
recycling, and reuse. As such, CONTRACTOR agrees that on a semi annual basis it will
provide the CITY with an update or written document or verbal presentation on new or
updated products or service offerings which CONTRACTOR may be able to provide to
the CITY.
7.06 CONTRACTOR shall provide service to the following CITY or Keep Pearland
Beautiful (KPB) Events: Community Clean -Up Days such as Keep Texas Beautiful Trash
Day, and three Park events to be determined by the CITY on an annual basis. CITY shall
give, at a minimum, six (6) weeks notice of when such services will be needed.
CONTRACTOR agrees to provide a maximum of twenty (20) port -a -lets per event to the
CITY, KPB, or as otherwise agreed to by the parties. Waste should be picked up within
three (3) working days of the event's conclusion and shall be placed in Bags, Dumpsters,
or Roll -Off Bins, as determined by CONTRACTOR.
7.07 CONTRACTOR agrees to cooperate and comply with requests of up to forty (40)
hours per year from the CITY to supply a Recycling or Solid Waste truck and driver at
public events for public outreach and education, subject to availability and provided that
notice of at least fourteen (14) calendar days is given, at no charge. If notice is less than
fourteen (14) calendar days, the CONTRACTOR, at its sole discretion, may agree to
provide the requested demonstration truck and driver.
7.08 CONTRACTOR shall provide five (5) solar power compactors with attached
recycling container (Big Belly or equivalent), at no cost to the CITY, for the term of the
Contract. CITY will determine the placement of these solar power compactors and
attached containers "Equipment and CONTRACTOR will deliver and install the
Equipment. CONTRACTOR shall retain ownership of the Equipment, which shall be
returned to CONTRACTOR at termination of the Contract. Additional solar powered
compactors /containers requested by CITY would be solely at CITY expense. To the
extent that the Equipment has space for advertising, the CITY has the right to sell the
space for advertising and retain any revenues generated by such advertisement sales.
Except for normal wear and tear or damage caused by CONTRACTOR, if the Equipment
is damaged, lost, or destroyed, the CITY will be responsible for the cost of repair or
replacement of such Equipment. The CONTRACTOR will be responsible for
maintaining the Equipment.
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7.09 CONTRACTOR shall provide, at no cost to the CITY, an unlimited annual supply
of BAGSTER bags based on demand, as requested by the CITY, for use by CITY
residents. If the CITY chooses to charge residents for the bag itself, all revenues from the
sale of the BAGSTERs would accrue fully to the CITY. While the BAGSTER product
itself is at no charge to the CITY, the CONTRACTOR shall charge the residential
Customer for transportation and disposal of the BAGSTER and its contents.
Coordination of BAGSTER pick -up and disposal, and the charges to the residential
Customer shall be determined directly between the Customer and CONTRACTOR.
7.10 (a) CONTRACTOR will provide, at no additional cost to the CITY or its residents,
residential curbside Household Hazardous Waste (HHW) collection as more fully
described in Exhibit A hereto in exchange for the CITY providing CONTRACTOR with
exclusive rights to the Recyclables received at the Stella Roberts Recycling Center
located at 5800 Magnolia, Pearland, TX, 77584 "Facility
(b) CONTRACTOR agrees to provide recycling bins /containers /roll -offs to the
Facility at no cost to the CITY. The CITY will contact CONTRACTOR to transport the
Recyclables in the containers on an as needed basis. CONTRACTOR is entitled to retain
all revenue and proceeds from the sale or processing of the Recyclables collected from
the Facility. CONTRACTOR agrees to deliver all Recyclables collected from the
Facility to a MRF of the CONTRACTOR's choice or to otherwise reuse or sell the
Recyclables collected from the Facility.
(c) The CITY will retain the rights to the following items delivered to the Facility
as well as any proceeds from the sale or handling of such items, unless the parties agree
otherwise in writing:
Rechargeable Batteries, Lead Acid Batteries, White Goods, Large Propane
Bottles, Oil, Latex Paint, Antifreeze, Metal (steel, brass, copper, iron), Ink and
Toner Cartridges
7.11 Commercial Recycling: CONTRACTOR agrees to offer recycling services to
Commercial Units. This service is optional and is not mandated by the CITY.
CONTRACTOR agrees that weekly recycling Base Rates for Commercial Units will be,
at a minimum, twenty-five percent (25 less than the commercial waste Base Rates in
effect for the same container size and once per week service level. If a Commercial Unit
needs recycling services more frequently than once per week, as determined by
CONTRACTOR and Customer, the Base Rates charged will be at least twenty -five
percent (25 less than the Base Rate then in effect for commercial waste services for the
same size container and same service level frequency. Commercial Units that are allowed
to use 96- gallon polycarts for recyclables and which are provided a once per week
collection will be charged no more than the Residential Unit Base Rate then in effect or a
lower rate to be agreed upon by the CONTRACTOR and the Customer. Revenues
collected from Commercial Units for recycling services are subject to CITY' s eighteen
percent (18 commercial franchise fee. CONTRACTOR is entitled to include its fuel
surcharge when providing recycling services to Commercial Units.
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6. The following language hereby supersedes and replaces Section 8.01(a) of the Contract:
8.01 (a) CITY agrees to pay CONTRACTOR for the collection of Residential Waste,
Brush and Bulky Waste, and the collection of Recyclables at the Base Rate shown below,
plus a $1.00 Processing Fee that the CITY retains, per month per Residential Unit as
compensation for services to Residential Units under this Contract.
Service
Garbage Bag Collection twice per week and
Recyclables Collection once per week
Base Rate
$13.82
Prices above include once a week Bulky Waste and Green Waste collection. The CITY
shall retain (i) a $1.00 Processing Fee not included in the Base Rate, plus (ii) fifteen
(15 percent of the Base Rate per month collected from Residential Unit Customers, as
a Franchise Fee. The policy pertaining to delinquent notices for Residential Waste
billing and charges for delinquent payment for Residential Refuse billing shall be the
same as the one of delinquent water utility billing under the CITY's utility billing policy
then in effect. The parties agree that the CITY may seek to negotiate with
CONTRACTOR to obtain a redistribution of the Residential Unit and Commercial
Unit rates during the term of the Contract.
7. The parties agree to add the following new sections to the Contract as set forth below:
8.01 (c) CONTRACTOR agrees to pay CITY annually, by October 1 of each contract
year, the annual estimate (Oct. 1— Sept.30) of residential and commercial franchise fees.
The estimate and subsequent payment will be based on service levels at the time of
payment. By November 15 of each year, a true -up will be done for the previous year
actual franchise fees and CONTRACTOR will remit any additional amounts owed or
CITY will remit any amount overpaid for the previous fiscal year.
8. The parties agree that the following language shall supersede and replace Section 8.03 in
the Contract:
8.03 CONTRACTOR shall directly bill Customers for provision of temporary Roll -Off
Bins and/or the pick -up of BAGSTERs utilized in such services as: the collection of
construction and/or remodeling debris, lawn and Landscape renovations, or recyclable
cardboard compactor containers. None of the charges assessed or revenues collected
under this subsection shall be subject to any Franchise Fee or Processing Fee.
9. The following language hereby modifies and replaces Section 9.01 and modifies the first
sentence of Section 9.02 of the Contract:
Section IX. Modification to Rates
9.01 Base Rates charged by CONTRACTOR for services will remain fixed until
October 1, 2012 and then adjusted annually by the same percentage as the
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Consumer Price Index, All Urban Consumers for the Houston Galveston Brazoria
Area, Base Period 1982 84=100 (published by the United States Bureau of Labor
Statistics, Consumer Price Index) (the CPI -U) shall have increased or decreased
during the preceding twelve (12) months. In the event the US Department of
Labor, Bureau of Labor Statistics cease to publish the CPI -U, the parties hereto
agree to substitute another equally authoritative measure of change in the
purchasing power of the US dollar as may be then available so as to carry out the
intent of this provision.
9.02 Every calendar quarter, the Base Rates shall be subject to a fuel surcharge as
follows: (i) an increase in the Base Rates of an additional one percent (1 for
every thirty -five cent ($0.35) increase in the price of diesel fuel above and
including $3.55 per gallon (with a 1% surcharge beginning at $3.55 per gallon
and an additional 1% increase for every $0.35 increase per gallon thereafter), and
(ii) a decrease in the Base Rates of an additional one percent (1 for every
thirty -five cent ($0.35) decrease in the price of diesel fuel below and including
$2.70 per gallon (with a 1% decrease beginning at $2.70 per gallon and an
additional 1% decrease for every $0.35 decrease per gallon thereafter).
The above fuel surcharge is based on the assumption that all CONTRACTOR
trucks used to service the CITY under this Contract operate on diesel fuel. If,
during the Contract term, CONTRACTOR begins using trucks that operate on an
alternate fuel source, such as natural gas, CONTRACTOR agrees to renegotiate
the above fuel surcharge clause with the City to take into account the decrease in
trucks being used to service the CITY that operate on diesel fuel. The parties
further agree that to the extent CONTRACTOR's entire fleet of diesel fuel
vehicles are replaced with vehicles that operate on an alternate fuel source, the
parties agree to replace the fuel surcharge language above with a more appropriate
index based on the type of alternate fuel source being used. CONTRACTOR
agrees to give the CITY at least sixty (60) days written notice prior to replacing
all or part of the diesel fuel trucks assigned to service this CONTRACT with
vehicle(s) that operate on alternate fuel. Both parties agree to cooperate and work
in good faith to reach mutually acceptable language should the fuel surcharge
need to be renegotiated or replaced.
The remainder of Section 9.02 in the Contract shall remain unchanged.
10. Section 11.02 of the Contract is hereby modified as follows:
11.02 CONTRACTOR shall furnish a faithful performance bond in the amount of
$1,100,000 prior to the effective date of this Contract. CONTRACTOR shall pay
the premiums of such bond. The surety on such bond shall be a duly authorized
corporate surety authorized to do business in the State of Texas.
11. The following subsections shall be modified or added to Section XV of the Contract as
set out below:
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f. CONTRACTOR'S representative and CITY staff shall meet, at a minimum quarterly or
as needed, to discuss performance, problems, and resolutions.
m. CONTRACTOR shall make available tours of the CONTRACTOR's material recovery
facility (MRF) on Gasmer Road in Houston, Texas for public education to such groups as
Parks summer camps and groups, Keep Pearland Beautiful, and other groups as deemed
appropriate by the Contract Administrator.
12. The following subsection shall supersede and replace Section XXIII of the Contract
entitled "Storm Debris:"
CONTRACTOR and CITY understand and agree that CONTRACTOR shall have no
obligation under the terms of this Contract to collect any debris or waste material
resulting from a tornado, natural disaster, hurricane, major storm, or any other unusual
natural occurrence (a "Storm Event The parties agree that if a Storm Event that is not
declared an emergency /disaster by the State/Federal government and therefore not subject
to FEMA or other governmental rules /regulations and reimbursement occurs and impacts
Residential Unit Customers, CONTRACTOR, at CITY request, would provide service at
mutually agreed upon rates outside of the parameters of this Contract and response time
and level of service would be agreed upon on a case by case basis.
13. Section XII entitled "Reports" in the Contract is hereby superseded and replaced with the
following:
CONTRACTOR shall submit the following reports to the Administrative Authority of the
CITY by the end of the month for the immediately preceding month:
a. Performance Report, summarizing the number of customer complaints, commodities
recycled at curbside in tons, green waste recycled at curbside in tons, solid waste
disposed of in a landfill in tons. CITY may periodically request the back -up
documentation, such as by cycle /route or neighborhood, if available.
b. Customer Complaint Report, listing complaints received by CONTRACTOR from
Customers or forwarded by the City via email to CONTRACTOR's commercial or
residential route manager, district manager, public relations representative, and
Director of Governmental Affairs, and the resolution thereto.
c. Annually, in April, the CONTRACTOR will calculate the residential and commercial,
if applicable, set -out rate for Recyclables, which shall show the set -out rate for a two
(2) week period, overall City -wide, separated between residential and commercial.
The CITY may review CONTRACTOR records and reports as they specifically elate
to this CONTRACT during CONTRACTOR'S regular office hours.
14. Nothing contained herein shall be deemed to amend or modify the Contract, except as
expressly set forth herein. In the event of a conflict between the terms of the Contract and this
Amendment, the terms of this Amendment shall control.
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IN WITNESS WHEREOF, this Amendment has been executed as of the date first set
forth above.
CITY: CONTRACTOR:
City of Pearland, Texas
Waste Management of Texas, Inc.
By: By:
er M cth a
J 9
Title:
8
Title: 426-4. VE
At Your Door Special Collection
WASTE MANAGEMENT
PROPOSAL
Home Collection of Special Wastes
And
Supplemental Elements
City of Pearland, Texas
Exhibit A to Amendment
At Your Door Special Collection is provided by WM Curbside, LLC, a Waste Management Company.
March 21, 2011
Executive Summary
Waste Management proposes to provide a program for the collection of special wastes directly from
homes of residents in the City of Pearland managed by At Your Door Special Collection, a Waste
Management service. To participate, residents call our toll free number and request a collection at
their home.
The following special wastes will be collected:
Chemicals including paints, pesticides, automotive products and cleaners
Universal waste including lamps, tubes, mercury devices
Consumer Electronics including monitors, computers, microwave ovens
Sharps to be collected in any rigid sealed container i.e., soft drink bottle
The program will allow the above to be collected according to the following terms:
Unlimited collections per year
Unlimited quantity of waste (using the kit system)
Program is available all year via an on- demand basis
Complete details on the program including the process and exceptions are listed on the following
pages.
In addition to providing Door -to -Door services to the residents of the City of Pearland, At Your Door
Special Collection will also provide disposal services of acceptable waste collected at the Stella
Roberts Recycling Center from Pearland residents only at no charge.
Any materials received and processed by Stella Roberts Recycling Center from non Pearland
residents will be charged to the City of Pearland in accordance with a price structure mutually agreed
upon by Waste Management and the City.
This At Your Door Special Collection program is managed by WM Curbside, LLC, a Waste
Management company. At Your Door Special Collection manages similar programs in many other
states. As much waste collected as possible is processed at Waste Management owned facilities.
Program Parameters
ELEMENTS INCLUDED IN THE PROGRAM
Call center answers calls live from 5 AM through 5 PM, Monday through Friday. English and
Spanish speakers located in the U.S.
Automated call system available in English and Spanish after hours and on holidays
Website available 24 -7 to request a collection. Responses Monday through Friday.
Public education assistance provided for the development of the advertising campaign. Any
pre- existing art in At Your Door Special Collection archives can be provided at no cost.
Some waste is shipped to our Colorado facility for reuse by the public
Reports provided for all activities on a monthly basis.
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Survey card provided to all participants is postage paid and addressed to the City, expect from
15% to 35% response.
Annual comprehensive report including charts, graphs and analysis
HOME COLLECTION PROCEDURES
The program begins when the public is informed about how to participate. Public education efforts
direct residents to call At Your Door Special Collection call center; this is what happens next:
Call center answers call live, participant is asked for basic information i.e., name, address,
phone number, how they learned of the program, single or multi family home and a short
inventory of the waste. The call center customer service representatives discuss the program
with the callers including the placement of the waste on collection day.
The caller is provided with a date when they must place their waste at the entrance door or in
front of their garage or if multi family, in a safe location. That location is noted by the customer
service representative for use by the customer service technician.
A kit will be sent via U.S. mail to the participant. Generally the schedule will vary depending
upon demand. Collections may take place on one day per week, every other week, one day
per month, all depending upon the demand. The kit consists of a heavy bag, bag tie, labels (for
waste that is not labeled) and an instruction sheet. The instruction sheet reiterates the
collection date and items discussed with the call center customer service representative.
A customer service technician will arrive at the home during the day, inspect the waste for
eligible items, package the waste based upon hazard classification and drive to the next home.
In the event the waste is ineligible i.e., unlabeled, leaking, commercial waste, the resident will
be contacted in person, by phone and a door hanger will be left with instructions. Residents do
not have to be home for collections to occur.
The waste is transported to the At Your Door Special Collection facility and then on to various
recycling and processing facilities. Emphasis is placed on recycling then treatment followed by
incineration and when no other options are available, to secure landfills.
ELIGIBLE WASTE
A complete listing of eligible and ineligible waste is included in this document. In general, most
ordinary household chemicals purchased at retail stores are eligible for collection. All containers
must be labeled and they cannot leak. If a container leaks, residents are instructed to transfer it to a
non leaking container and label it. If a container is not labeled, participants are told to place a label
on the container or use one provided in the kit.
If the item cannot be identified, and it is not a commercial chemical, the participant can request a visit
from our technician to identify and collect the item. This is a rare occurrence since most participants
can identify their waste.
Most consumer electronic items can be collected including microwave ovens. Large appliances are
not acceptable. Console TV's and similar consumer electronic items are eligible unless they originate
from a business. Universal waste will be collected which typically includes fluorescent lamps,
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compact fluorescent bulbs and mercury devices. Tubes are placed outside the kit bag taped
together.
Sharps will be collected as part of the program as long as they originate from the home and have
been placed into a rigid sealed container prior to collection.
The quantity of waste that can be collected at any one time is limited to the items that can be placed
into the kit bag along with auto batteries, large electronics and fluorescent tubes which can be placed
outside of the bag. If the participant has more waste than can be accommodated, another collection
may be requested.
All waste must be placed outside of the home. We will not enter the premises to gather or remove any
waste.
Elevator access must be made available for any residence two (2) stories or above
INELIGIBLE WASTE
Commercial waste, waste from businesses, unusually large quantities of the same waste are not
eligible for this program. Our customer service representatives in the call center and our customer
service technicians in the field are qualified to make the decision to collect or not to collect the waste.
WASTE QUANTITIES
There is no limit to the quantity of household waste that will be collected except that the quantity of
waste to be collected at one time is limited to the waste that can be placed into the kit unless other
arrangements are made. Participants will be discouraged from requesting a collection of very small
quantities i.e., a sharps container. Callers with very small quantities will be directed to combine their
waste with neighbors if possible. E -waste is limited to one TV of any size, one computer system and
20 pounds of peripheral items per service. E -waste limits will be discussed during original call for
collection.
Public Education
This program does not include public education; it does however include Waste Management and At
Your Door Special Collection assistance to Staff in developing a campaign that will work.
With more than 15 years of experience working with dozens of government agencies, At Your Door
Special Collections has built a significant library of past efforts. Along with our expertise which is
considerable in this area, the contracting entity can use any of the art that we have in our archives.
With our experience and your knowledge of your community, we can together, plan a successful, low
cost effort to introduce this program.
During the introductory period and after, our marketing department will communicate to you what
elements of public education are driving participants to call. Every time a caller requests a collection,
they are asked how they learned of the program. This data is provided to the sponsoring agency to
help determine media effectiveness.
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Program Evaluation
At Your Door Special Collections is committed to the successful implementation of program proposed
in this document. To this end, two key elements will help to verify the success of the program:
SURVEY ELEMENT
A postage -paid card addressed to the sponsoring agency program manager and will be included in
every kit sent to participants. The card lists five multiple choice questions and two fill -in- the blanks
questions. Approximately 15 -35% of these cards are actually completed and mailed to government
agencies sponsoring At Your Door Special Collection managed programs.
The survey card is a "report card" going directly to the City. Residents in the comfort of their homes
fill in the cards because they are concerned about the program. Response rates as high as 90%
have been reached. The responses allow us to continually improve the program.
REPORTS
Every item collected from every home is logged on the inventory form used by our customer service
technicians on site. This data is entered into At Your Door Special Collection proprietary database
and reports are generated. Each month you will receive a report that provides a summary of the
waste collected per collection day, per month.
You can determine what waste streams are collected. Additional data can be provided in excel or
access format for use in mapping the homes that were serviced. Each year, a custom report will be
provided that includes all of the data collected during the year and can be used to compare with other
communities of similar demographics.
You can determine where to place emphasis on public education to achieve your goals to reach a
specific neighborhood or waste stream that may need attention.
Terms and Conditions
This document is offered to the City of Pearland for the purpose of evaluating this program offering.
This document is for the exclusive use of the City for incorporation into the solid waste and recycling
franchise contract between the City and Waste Management.
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Proposal was developed by WM Curbside, LLC for the City of Pearland, Texas
Acceptable HHW Wastes
*Pesticides
Insect Sprays
*Herbicides
*Rust Removers
*Swimming Pool Chemicals
*Wood Preservatives
*Used Oil Filters
*Batteries
Vehicle
Household
Fluorescent Tubes
*Chlorine Bleach
*Drain Openers
*Corrosive Chemicals (noncommercial)
Lye
Muriatic Acid
*Hobby Chemicals
*Lubricants
Used Motor Oil
Used Transmission Fluid
Gear Oil
*Paint Products
Oil
Latex
Spray
Stripper
*Paint Thinners
*Automotive Chemicals
Waxes
Polishes
Cleaners
Carburetor Cleaner
Brake Fluid
Gasoline
Antifreeze
*Sharps
Consumer electronics
DOOR -TO -DOOR
HOUSEHOLD HAZARDOUS WASTE TYPES
Unacceptable
Biological Waste
Radioactive Materials including
Smoke Detectors
Ammunition
Explosives
Commercial Chemicals
Large containers over 5 gallons
Commercial Chemicals
Materials improperly packaged for
transportation
Fire Extinguishers
Gas Cylinders
Unlabeled material
Unknown materials
Tires
Appliances
Liquid Mercury
Driveway Sealer limited to 5 gallon
All Medicines /pharmaceuticals
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QUALIFICATIONS
At Your Door Special Collections
At Your Door Special Collections created the concept of home collection of special wastes often
called "Door -to- Door" collection. At Your Door Special Collections is qualified to manage this
program for your jurisdiction for the following reasons:
Created the concept, no other firm can manage this type of program
15 years of experience working with government agencies and the public
Best safety record in the industry, zero fatal or serious accidents
Best regulatory record in the industry, zero NOI's for door -to -door programs
Full time, trained, U.S. based call center to work with participants
Proprietary data collection and reporting system to provide details of work performed
Well maintained vehicles
Full time training manager for door -to -door customer service technicians
Extensive training manual for all aspects of special waste management
Emphasis on reuse /recycling before other options
Recycle all latex paint at our own facility in Denver
More than 250,000 collections at homes without accidents
Approximately 45,000 survey responses received by client agencies with very good circled as
average response to overall program satisfaction
Cities and Counties have won awards for programs managed by At Your Door Special
Collections
All customer service technician candidates are checked twice by Homeland Security and FBI
for prior records and legal status.
Not one claim against our liability insurance since the company started
All full time employees receive medical insurance without deductions
At Your Door Special Collections is registered with D.O.T. and various states to transport hazardous
and medical waste.
References to be provided will include government agencies and private organizations who have
contracted to implement programs similar to the one proposed in this document.
7
T
FA 's
Proposals often generate additional questions, often these questions are asked by others. The
following are some questions and our answers.
How can Waste Management offer the program proposed for such a low fee?
o Answer: The price included is based upon experience about the expected performance
of this community. At Your Door Special Collections database contains information
from every collection since we have been in business. This information indicates what
type of waste and what percentage of homes will likely participate during the year. Only
a small percentage of households will use the program so the price reflects this.
What happens if the waste is unlabeled?
o Answer: This is a rare occurrence for this type of program. At least one person at a
home generally knows what the waste is. For those few homes where they do not know
the contents of a container, At Your Door Special Collections will send someone on an
appointment basis to field test the waste and remove it.
How does the program get started and how long until it starts?
o Answer: The program must be announced to the public. We will work with you to
create a plan for this. Once the public begins calling the first collection is usually set for
about two /three weeks from the launch date.
How often do you collect?
o Answer: As often as necessary. The program is demand based. We may collect every
day, once each week etc. Residents are scheduled about 21 -30 days from the date
they call so that they will receive their kit and have a weekend to package it.
What if the resident has more than can fit into the kit?
o Answer: If the resident receives their kit and calls explaining that they have more waste
they will be provided with two choices, have the one kit contents collected as scheduled
or be rescheduled when we can collect all of the waste at the same time.
How many stops do you accomplish on a day?
o Answer: Generally between 20 and 30 based upon the geography and the items we
must collect. If the day will be booked with a large quantity of electronics fewer stops
will be made.
How often will you collect from homes in our community?
o Answer: This program is designed around an "as needed" concept. We require
approximately 20 homes in a day to become efficient. Generally the schedule will vary
depending upon demand. Collections may take place on one day per week, every other
week, one day per month, all depending upon the demand. For communities of fewer
than 10,000 homes, the service interval will be between every thirty and sixty days. The
intervals can be sooner depending upon the number of programs in adjacent areas.
•
FIRST AMENDMENT TO EXCLUSIVE COMMERCIAL
AND RESIDENTIAL SOLID WASTE AND RECYCLING CONTRACT
This "FIRST AMENDMENT TO EXCLUSIVE COMMERCIAL AND
RESIDENTIAL SOLID WASTE AND RECYCLING CONTRACT("this"Amendment") is
entered into as of the day of , 2011, by and between the CITY OF
PEARLAND, TEXAS ("CITY"), and WASTE MANAGEMENT OF TEXAS, INC.
("CONTRACTOR"),a Texas corporation.
WITNESSETH:
WHEREAS, the CITY and CONTRACTOR have previously entered into a certain
Exclusive Commercial and Residential Solid Waste and Recycling Contract, dated on or about
October 1, 2006 ("Contract"), whereby CONTRACTOR agreed to provide certain waste and
recycling collection and processing services to the CITY and its residents and commercial
businesses as more particularly set forth in the Contract;and
WHEREAS,CITY and CONTRACTOR now desire to extend the Contract term, and to
otherwise amend the Contract,as more particularly set forth below.
NOW,THEREFORE,for and in consideration of the sum of Ten Dollars($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby •
acknowledged and confessed,the parties hereto agree as follows: - -
1. The language in Section III entitled "Term" is hereby replaced by the following
language:
The term of the Contract is extended from October 1, 2011 to September 30, 2016. The
CONTRACTOR agrees to continue providing service to the CITY under the terms of this -
Contract for 180 days beyond the expiration of the term("Holdover"),provided the CITY gives
CONTRACTOR written notice no later than July 31,2016 of its intent to Holdover over for 180
days and so long as a new Contract has not been awarded or this Contract has not been renewed. -
The parties may agree to extend that Contract for an additional five (5)year term, if mutually
agreed by both the CITY and CONTRACTOR on terms acceptable to both parties, in each
party's sole discretion,prior to the expiration of the term.
2. The following definitions shall be modified or added to Section II, Definitions, of the
Contract:
2.31 Plastic Containers: Plastic containers of Type #1 through Type #7, except Type #6 •
which is styrofoam.
2.32 Point of Contact: All dealings, contacts,etc.between CONTRACTOR and CITY shall
be directed by CONTRACTOR to the CITY Manager of CITY or his designee(s),except
as otherwise allowed in this Contract.
1
2.50 Materials Recovery Facility (MRF): A facility engaged solely in the storage,
processing,resale,or reuse of recyclable materials.
2.51 Single Stream: The commingling of all the Recyclables allowed under this Contract into
recycling bins and transported in a truck specifically designated for recycling.
2.52 Non-Collection Notice: A form used by the CONTRACTOR to notify Customers of the
reason(s) for non-collection of materials set out by the Customer for collection by the
CONTRACTOR pursuant to the Contract, developed by the CONTRACTOR and
approved by the CITY.
2.53 Bagster®:A bag that is 8'long by 4'wide by 2'6"tall,made of woven material,that will
hold up to 3 cubic yards/606 gallons of debris,and up to 3,300 pounds of material.
3. The following language is hereby modified or added to Section VI of the Contract
entitled"Office Hours;Routes;Communications;Annexation"as follows:
6.03 Dealings between CONTRACTOR and CITY shall be directed by CONTRACTOR to
the Administrative Authority or his/her designee(s).
6.04 CONTRACTOR shall provide one (1) primary point of contact, which is the Director
of Governmental Affairs,that the CITY can refer to for new service, terminated
service, change of service, customer complaints, etc. In addition to the primary point of
contact, the CITY agrees to send requests of the type listed above to the
CONTRACTOR'S residential or commercial route manager,district manager,and public
sector representative. CONTRACTOR shall ensure there are back-up personnel available
to contact and assist in case of the point of contact's illness, vacation, etc. and that
Point of Contact personnel phones are forwarded to a live person in their absence.
6.05 CONTRACTOR shall notify CITY by 6:00 a.m. on day of service or day before if
known, if service will not be provided due to a "Force Majeure" event. If
CONTRACTOR begins service and then makes a determination to stop service mid-
day due to Force Majeure,then CONTRACTOR will provide notification to the CITY as
soon as possible. As soon as practical after such Force Majeure event, the
CONTRACTOR shall advise the CITY when it is anticipated that normal routes and
schedules can be resumed.
4. The following language in Section VII of the Contract entitled"Collection Services,"is
hereby modified as set forth below:
7.01(c)(i) CONTRACTOR shall pick up all Residential Unit Recyclables placed in a
Recycling Container once per week. Residential Recyclables include juice boxes, glass --
containers (clear, brown, green), tin-steel cans, paper board, card board, magazines,
aluminum cans,newspapers,junk mail,and plastics all codes(#1 through#7, except for
#6 which is styro-foam products). Cardboard and newspaper that have been properly set
out and have become wet due to weather conditions shall be collected by
CONTRACTOR. Changes to the list of Recyclables will be allowed by mutual written
agreement between CONTRACTOR and CITY.
2 -
7.05 Service to facilities owned and/or operated by the CITY shall be provided at no
cost to the CITY. Service shall be at a frequency and types of equipment shall be
reasonably determined by CITY. CONTRACTOR shall provide commercial recycling
containers or another type of recycling container for all CITY facilities, and collect the
Recyclables placed in such containers no more than once per week, at no cost to the
CITY.
5. The parties agree to add the following new subsections to Section VII of the Contract
entitled"Collection Services:"
7.01(d) Other Services. The parties acknowledge that the CITY desires to remain
informed about new technologies, enhancements, or advances in waste handling,
recycling,and reuse.As such,CONTRACTOR agrees that on a semi-annual basis it will
provide the CITY with an update or written document or verbal presentation on new or
updated products or service offerings which CONTRACTOR may be able to provide to
the CITY.
7.06 CONTRACTOR shall provide service to the following CITY or Keep Pearland
Beautiful(KPB)Events:Community Clean-Up Days such as Keep Texas Beautiful Trash
Day,and three Park events to be determined by the CITY on an annual basis. CITY shall
give, at a minimum, six (6) weeks notice of when such services will be needed.
CONTRACTOR agrees to provide a maximum of twenty(20)port-a-lets per event to the
CITY,KPB,or as otherwise agreed to by the parties. Waste should be picked up within
three(3)working days of the event's conclusion and shall be placed in Bags,Dumpsters,
or Roll-Off Bins,as determined by CONTRACTOR.
7.07 CONTRACTOR agrees to cooperate and comply with requests of up to forty(40)
hours per year from the CITY to supply a Recycling or Solid Waste truck and driver at
public events for public outreach and education,subject to availability and provided that
notice of at least fourteen(14)calendar days is given,at no charge. If notice is less than
fourteen (14) calendar days, the CONTRACTOR, at its sole discretion, may agree to
provide the requested demonstration truck and driver.
7.08 CONTRACTOR shall provide five (5) solar power compactors with attached
recycling container(Big Belly or equivalent),at no cost to the CITY,for the term of the
Contract. CITY will determine the placement of these solar power compactors and
attached containers ("Equipment"), and CONTRACTOR will deliver and install the
Equipment. CONTRACTOR shall retain ownership of the Equipment, which shall be
returned to CONTRACTOR at termination of the Contract. Additional solar powered
compactors/containers requested by CITY would be solely at CITY expense. To the
extent that the Equipment has space for advertising, the CITY has the right to sell the
space for advertising and retain any revenues generated by such advertisement sales.
Except for normal wear and tear or damage caused by CONTRACTOR,if the Equipment
is damaged, lost, or destroyed, the CITY will be responsible for the cost of repair or
3
replacement of such Equipment. The CONTRACTOR will be responsible for
maintaining the Equipment. •
7.09 CONTRACTOR shall provide, at no cost to the CITY,an unlimited annual supply
of BAGSTER® bags based on demand, as requested by the CITY, for use by CITY
residents.If the CITY chooses to charge residents for the bag itself,all revenues from the
sale of the BAGSTERs would accrue fully to the CITY. While the BAGSTER®product
itself is at no charge to the CITY, the CONTRACTOR shall charge the residential
Customer for transportation and disposal of the BAGSTER® and its contents.
Coordination of BAGSTER® pick-up and disposal, and the charges to the residential
Customer shall be determined directly between the Customer and CONTRACTOR.
7.10(a)CONTRACTOR will provide,at no additional cost to the CITY or its residents,
residential curbside Household Hazardous Waste (HHW) collection as more fully
described in Exhibit A hereto in exchange for the CITY providing CONTRACTOR with
exclusive rights to the Recyclables received at the Stella Roberts Recycling Center
located at 5800 Magnolia,Pearland,TX,77584("Facility").
(b) CONTRACTOR agrees to provide recycling bins/containers/roll-offs to the
Facility at no cost to the CITY. The CITY will contact CONTRACTOR to transport the
Recyclables in the containers on an as needed basis.CONTRACTOR is entitled to retain
all revenue and proceeds from the sale or processing of the Recyclables collected from
the Facility. CONTRACTOR agrees to deliver all Recyclables collected from the
Facility to a MRF of the CONTRACTOR's choice or to otherwise reuse or sell the
Recyclables collected from the Facility. •
(c) The CITY will retain the rights to the following items delivered to the Facility
as well as any proceeds from the sale or handling of such items,unless the parties agree -.
otherwise in writing:
Rechargeable Batteries, Lead Acid Batteries, White Goods, Large Propane
Bottles, Oil, Latex Paint, Antifreeze, Metal (steel, brass, copper, iron), Ink and
Toner Cartridges
7.11 Commercial Recycling: CONTRACTOR agrees to offer recycling services to• Formatted:Indent:Left: 0.5",Don't adjust
Commercial Units. This service is optional and is not mandated by the CITY. space between Latin and Asian text
CONTRACTOR agrees that weekly recycling Base Rates for Commercial Units will be,
at a minimum, twenty-five percent(25%) less than the commercial waste Base Rates in
effect for the same container size and once per week service level. If a Commercial Unit
needs recycling services more frequently than once per week, as determined by .
CONTRACTOR and Customer, the Base Rates charged will be at least twenty-five
percent(25%)less than the Base Rate then in effect for commercial waste services for the
same size container and same service level frequency.Commercial Units that are allowed
to use 96-gallon polycarts for recyclables and which are provided a once per week
collection will be charged no more than the Residential Unit Base Rate then in effect or a
lower rate to be agreed upon by the CONTRACTOR and the Customer. Revenues - -
4
collected from Commercial Units for recycling services are subject to CITY's eighteen
percent (18%) commercial franchise fee. CONTRACTOR is entitled to include its fuel
surcharge when providing recycling services to Commercial Units.
5. The following language hereby supersedes and replaces Section 8.01(a)of the Contract:
8.01 (a) CITY agrees to pay CONTRACTOR for the collection of Residential Waste,
Brush and Bulky Waste,and the collection of Recyclables at the Base Rate shown below,
plus a $1.00 Processing Fee that the CITY retains, per month per Residential Unit as
compensation for services to Residential Units under this Contract.
Service Base Rate
Garbage Bag Collection twice per week and
Recyclables Collection once per week $13.82
Prices above include once a week Bulky Waste and Green Waste collection.The CITY
shall retain (i) a $1.00 Processing Fee not included in the Base Rate, plus (ii) fifteen
(15%)percent of the Base Rate per month collected from Residential Unit Customers,as
a Franchise Fee. The policy pertaining to delinquent notices for Residential Waste
billing and charges for delinquent payment for Residential Refuse billing shall be the
same as the one of delinquent water utility billing under the CITY's utility billing policy
then in effect.The parties agree that the CITY may seek to negotiate with
CONTRACTOR to obtain a redistribution of the Residential Unit and Commercial
Unit rates during the term of the Contract.
6. The parties agree to add the following new sections to the Contract as set forth below:
8.01 (c) CONTRACTOR agrees to pay CITY annually,by October 1st of each contract
year,the annual estimate(Oct. 1—Sept.30)of residential and commercial franchise fees.
The estimate and subsequent payment will be based on service levels at the time of
payment. By November 15th of each year, a true-up will be done for the previous year
actual franchise fees and CONTRACTOR will remit any additional amounts owed or
CITY will remit any amount overpaid for the previous fiscal year.
7. The parties agree that the following language shall supersede and replace Section 8.03 in the
Contract:
8.03 CONTRACTOR shall directly bill Customers for provision of temporary Roll-Off
Bins and/or the pick-up of BAGSTERs utilized in such services as: the collection of
construction and/or remodeling debris, lawn and landscape renovations, or recyclable
cardboard compactor containers. None of the charges assessed or revenues collected
under this subsection shall be subject to any Franchise Fee or Processing Fee.
5
6. The following language hereby modifies and replaces Section 9.01 and modifies the first
sentence of Section 9.02 of the Contract:
Section IX. Modification to Rates
9.01 Base Rates charged by CONTRACTOR for services will remain fixed until
October 1, 2012 and then adjusted annually by the same percentage as the
Consumer Price Index,All Urban Consumers for the Houston-Galveston Brazoria
Area,Base Period 1982-84=100(published by the United States Bureau of Labor
Statistics, Consumer Price Index) (the CPI-U) shall have increased during the
preceding twelve(12)months. In the event the US Department of Labor,Bureau
of Labor Statistics cease to publish the CPI-U, the parties hereto agree to
substitute another equally authoritative measure of change in the purchasing
power of the US dollar as may be then available so as to carry out the intent of -this provision.
9.02 Every calendar quarter, the Base Rates shall be subject to a fuel surcharge as - -
follows: (i) an increase in the Base Rates of an additional one percent(1%) for - -
every thirty-five cent ($0.35) increase in the price of diesel fuel above and •
including $3.55 per gallon (with a 1% surcharge beginning at $3.55 per gallon
and an additional 1%increase for every$0.35 increase per gallon thereafter),and
(ii) a decrease in the Base Rates of an additional one percent (1%) for every
thirty-five cent($0.35) decrease in the price of diesel fuel below and including
$2.70 per gallon (with a 1% decrease beginning at $2.70 per gallon and an
additional 1%decrease for every$0.35 decrease per gallon thereafter).
The remainder of Section 9.02 in the Contract shall remain unchanged.
7. Section 11.02 of the Contract is hereby modified as follows:
•
11.02 CONTRACTOR shall furnish a faithful performance bond in the amount of
$1,100,000 prior to the effective date of this Contract. CONTRACTOR shall pay
the premiums of such bond. The surety on such bond shall be a duly authorized
corporate surety authorized to do business in the State of Texas.
8. The following subsections shall be modified or added to Section XV of the Contract as
set out below:
f. CONTRACTOR'S representative and CITY staff shall meet, at a minimum quarterly or
as needed,to discuss performance,problems,and resolutions.
m. CONTRACTOR shall make available tours of the CONTRACTOR's material recovery
facility(MRF)on Gasmer Road in Houston,Texas for public education to such groups as - -
Parks summer camps and groups,Keep Pearland Beautiful,and other groups as deemed
appropriate by the Contract Administrator.
6
9. The following subsection shall supersede and replace Section XXIII of the Contract entitled
"Storm Debris:"
CONTRACTOR and CITY understand and agree that CONTRACTOR shall have no
obligation under the terms of this Contract to collect any debris or waste material
resulting from a tornado, natural disaster, hurricane, major storm, or any other unusual
natural occurrence(a"Storm Event").The parties agree that if a Storm Event that is not
declared an emergency/disaster by the State/Federal government and therefore not subject
to FEMA or other governmental rules/regulations and reimbursement occurs and impacts
Residential Unit Customers,CONTRACTOR,at CITY request,would provide service at
mutually agreed upon rates outside of the parameters of this Contract and response time
and level of service would be agreed upon on a case by case basis.
10. Section XII entitled"Reports"in the Contract is hereby superseded and replaced with the
following:
CONTRACTOR shall submit the following reports to the Administrative Authority of the
CITY by the end of the month for the immediately preceding month:
a. Performance Report,summarizing the number of customer complaints,commodities
recycled at curbside in tons,green waste recycled at curbside in tons,solid waste
disposed of in a landfill in tons. CITY may periodically request the back-up
documentation,such as by cycle/route or neighborhood,if available.
b. Customer Complaint Report, listing complaints received by CONTRACTOR from
Customers or forwarded by the City via email to CONTRACTOR's commercial or
residential route manager, district manager, public relations representative, and
Director of Governmental Affairs,and the resolution thereto.
c. Annually,in April,the CONTRACTOR will calculate the residential and commercial,
if applicable,set-out rate for Recyclables,which shall show the set-out rate for a two(2)
week period,overall City-wide,separated between residential and commercial.The
CITY may review CONTRACTOR records and reports as they specifically elate to this
CONTRACT during CONTRACTOR'S regular office hours.
11. Nothing contained herein shall be deemed to amend or modify the Contract, except as
expressly set forth herein. In the event of a conflict between the terms of the Contract and this -
Amendment,the terms of this Amendment shall control.
IN WITNESS WHEREOF, this Amendment has been executed as of the date first set
forth above.
CITY: CONTRACTOR:
CITY of Pearland,Texas Waste Management of Texas,Inc.
7
• .
By: By:
Title: Title:
8
At Your Door Special Collection
IIAMA
WASTE MANAGEMENT
PROPOSAL
Home Collection of Special Wastes
And
Supplemental Elements
City of Pearland, Texas
At Your Door Special Collection is provided by WM Curbside, LLC, a Waste Management Company.
March 21, 2011
Executive Summary
Waste Managerrient proposes to provide a program for the collection of special wastes directly from
homes of residents in the City of Pearland managed by At Your Door Special Collection, a Waste
Management service. To participate, residents call our toll free number and request a collection at : •
:Their home.
The following special wastes will be collected:
✓ Chemicals including paints, pesticides, automotive products and cleaners
✓ Universal waste including lamps, tubes, mercury devices
✓ Consumer Electronics including monitors, computers, microwave ovens •
Sharps to be collected in any rigid sealed container i.e., soft drink bottle
The program will allow the above to be collected according to the following terms:
✓ Unlimited collections per year
✓ Unlimited quantity of waste (using the kit system)
✓ Program is available all year via an on-demand basis
Complete details on the program including the process and exceptions are listed on the following :
pages.
In addition toprovidingDoor-to-Door services to the residents of the City of Pearland, At Your_Door
Special:Collection will also provide disposal services of acceptable waste collected at the Stella
Roberts Recycling Center from Pearland.residents only at no charge.
Any materials received and processed by Stella Roberts Recycling Center from non-Pearland :
residents will be charged to the City of Pearland:in accordance with a price structure mutually agreed
upon by: Waste Management and the.City. : . . .
This:At Your Door Special Collection program is managed by WM Curbside, LLC, a Waste -
• . Management:company. At Your. Door. Special Collection manages similar programs in'many other
states. As much waste collected ass possible is processed at Waste Management owned facilities.
Program Parameters
ELEMENTS INCLUDED IN THE PROGRAM
✓: Call-center answers calls live from 5 AM through 5 PM, Monday:through:Friday, English.and
: : : .Spanish speakers'located in the.U.S. : :
V. Automated call:system:available in English and Spanish after hours and on holidays
Websiteavailable 24-7 to request a collection. Responses Monday through Friday
Public education assistance provided for the development of the advertising campaign Any
pre-existing art in At'Your Door Special Collection archives can be_provided at no cost._ ,-_
✓: .Some waste is shipped to.our Colorado facility;for reuse by.the:public
• Reports provided for all activities on a:monthly basis.
2
✓. Survey card provided to all participants is postage paid and addressed to the City, expect from
15% to:35% response: . .
✓ Annual comprehensive report including charts, graphs and analysis
HOME COLLECTION PROCEDURES
The program:begins when:the public is informed about how to participate. Public education efforts . :
direct-residents to call At Your Door Special Collection call center; this;is what happens next:
: : ✓: Call center answers call live, participant:is asked for basic information i.e., name, address,.
phone number., how they learned of the program, single ormulti-family home and a short:
: : inventory of the waste.. :The.call .center:customer service representatives:discuss the program
:with the callers:including the placement of the waste on collection day:
✓ :The:caller is provided with a date when they must:place their waste at the:entrance door or'in
front of:their garage or if multi-family, in a safe location. That location"is noted by the customer
: : service:representative for use by the customer service technician.. • :
: ✓ A kit will be sent via•U:S. mail to the participant. Generally the schedule:will vary depending "
upon demand: Collections may take:place on one day per week;.every other week;.one:day
per month, all:depending.upon the demand. The kit consists of a heavy bag,. bag tie, labels.(for
waste that is not labeled) and an instruction sheet:..The instruction sheet reiterates the: : :
collection date and items discussed with the call center customer..service representative:
✓: A customer service technician will arrive at the-home:during:the_day, inspect the waste for. "
'eligible items,:package the waste based upon:hazard classification and drive to the next home
- • In:the event the waste is ineligible i.e., unlabeled, leaking, commercial waste, the resident will : . - :
be contacted in person, by phone and a door hanger Will be left with instructions: Residents do
not,have to be home for collections to occur,.
" ✓: The:waste is.transported to the At Your Door Special:Col"lectionfacility.and:then 'on to various
I
recycling and processing facilities. Emphasis is placed on recycling:then.treatment followed by
incineration:and when n:o other:options are available, to-secure:landfills:: : . .
ELIGIBLE WASTE: : : •
: A complete listing of eligible and ineligible waste is included in this document. In general,`most
ordinary household:chemicals p:urchased:at retail stores are:eligible:for collection All containers.
must:be:labeled and they can.not leak. if a container.leaks, residents are instructed to transfer it to a
non-leaking container:and:label:it., If a container is not:labeled',;participants:are told to piece a label
on the:container:or. use one provided:in"the kit.: • "
If the item:cannot:be:ide.ntified, and it is not a commercial chemical,;the participant:can request a visit
from our technician to:identify_and collect the item. This.is a rare occurrence since-most participants
can identify their.waste.
Most consumer electronic items can be collected:including microwave ovens Large appliances are
. . . : not:acceptable.: Console:TV's and:similar'consum:er electronic items are eligible unless they:originate
from ,a;business :Universal.waste.will,be collected which typically in_eludes"fluorescent larx ps,
3.
".compact fluorescent bulbs and mercury devices: Tubes are placed outside the kit bag taped
..together.
Sharps will be collected as part of the program as long as they originate from the home and-have-
: been placed into a:rigid sealed container prior to collection. .
: The quantity of waste that can be collected at any one time is limited to the items that can be placed. .
into the kit bag along with auto batteries; large electronics and fluorescent tubes which can be placed "
.outside of the bag. If the:participant has'more waste than can be accommodated, another collection
may be requested.. . ,
All waste must be placed outside of the home. We will not enter the:premises:to gather or remove any
Waste.:
Elevator accessmust:be made available for any residence two (2):stories or.above :
INELIGIBLE WASTE : : .. . :
Commerclal:waste, waste from businesses, unusually large quantities of the:same waste are not
eligible:forthis program.: Our customer service representatives in.the:call center and customer: :
:.service technicians:in the field are:qualified to:make the decision to collect or not to collect the waste:
: WASTE QUANTITIES
There is no limit to the quantity of household waste that will be collected:except that the quantity.of:
waste to be collected at onetime is limited to the waste that:can be placed into the kit unless'other II 1
arrangements:are made.: Participants will be discouraged from requesting a:collection of very small
quantities_i.e.:,:a,sharpscontainer. Callers with very small quantities will:be directed to combine their
waste with.neighbors if_"possible.E-waste is limited to one.TV of any size, one computer system and
20 pounds:of:peripheral items l ar,§g-r .E-waste limits will be discussed during originalcall for
collection: '.
- :Public Education
Thisprogram does.not include public education, it does however include Waste:Management and:At
• : Your Door Special Collection assistance.to Staff in developing a:campaign.that will.work
: With:more than:15 years of experience:working with,dozens of government agencies, At,Your;Door. .
Special`Collections has built:a"significant library:of past efforts: Along,with our:expertise which is ' :
considerable-in.thisarea,:.the.contr..acting.entitycan,use.any of the art that we:have:in ourarchives.
: : . : With:our experience and your knowledge of your community, we can together,:plan a successful,;low .
•
cost effort to'introduce this program.. -
During:the introductory period and after, our marketing.department will communicate to:you what
elements of public education are driving participants to call: Every time.a caller;requests a collection,
they:are asked how:they learned of the program::This data is provided,to the sponsoring agency"to
help determine media-effectiveness.
4.
Program Evaluation
At.Your Door Special Collections is committed to the successful implementation of program proposed
in this document. To this end, two key elements will help to verify the success of the.program:
SURVEY ELEMENT : . .
A postage-paid card addressed to the sponsoring agency program manager and will be included in
every kit sent to participants. The card lists five multiple choice questions and two fill-in-the-blanks
questions. Approximately 15-35% of these cards are actually completed and mailed to government
agencies sponsoring At Your Door Special Collection managed programs.;.
The survey card is a."report card" going directly to the City. Residents in the comfort of their homes
fill in the cards because they are concerned about the program. Response rates as high as 90%
have been reached. The responses allow us to continually improve the program.
REPORTS.
Every item collected from every home is logged on the inventory form used by our customer service.
technicians on site.:This data is entered into At Your Door Special Collection proprietary database ,
and reports are generated. Each month you will receive a report that provides a summary of the
waste collected.per collection day, per month.
You can determine what waste streams are collected. Additional data can be provided in excel or
access format for use in mapping the homes that were serviced:: Each year, a custom report will be
provided that includes all of the data collected during the year and can be used to compare with other
communities of similar demographics.
You can determine where to place emphasis on public education to achieve your goals to reach a
specific neighborhood or waste stream that may need attention:
Terms and Conditions
This document is offered to the City of Pearland for the purpose of evaluating this program offering
This document is for the exclusive use of the City for incorporation into the solid waste and recycling.
franchise contract between the City and Waste Management:
. . 5
•
•
Proposal was developed by WM Curbside, LLC for the City of Pearland, Texas
DOOR-TO-DOOR
HOUSEHOLD HAZARDOUS WASTE TYPES
Acceptable HHW Wastes Unacceptable
*Pesticides: Biological Waste
Insect Sprays Radioactive Materials including
*Herbicides ; : Smoke Detectors
*Rust Removers Ammunition
*Swimming Pool Chemicals Explosives
*Wood. Preservatives Commercial.Chemicals
*Used Oil Filters Large containers over 5 gallons
Commercial Chemicals
Materials improperly packaged for .
*Batteries transportation
Vehicle .
:Fire: Extinguishers
Household Gas Cylinders.
Fluorescent Tubes Unlabeled material
*Chlorine Bleach Unknown.materials
*Drain Openers : : . . Tires
*Corrosive Chemicals (noncommercial) Appliances.
Lye Liquid Mercury
Muriatic Acid ; : : : : ; Driveway Sealer limited to 5 gallon
*Hobby Chemicals. All Medicines/pharmaceuticals
*Lubricants
Used Motor Oil
Used Transmission Fluid. .
Gear Oil
*Paint Products
Oil : : . . .
Latex
Spray . .
Stripper
*Paint Thinners.
*Automotive Chemicals . .
Waxes: :
:Polishes ;
Cleaners .
Carburetor Cleaner
Brake Fluid;
Gasoline
Antifreeze
*Sharps.
* Consumer electronics •
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QUALIFICATIONS.
At Your Door Special Collections
At Your Door Special Collections created the concept of home collection of special wastes often
called "Door-to-Door" collection. At Your Door.Special.Collections is qualified to manage this :
program for your jurisdiction for the following reasons:
✓ Created the concept, no other firm can manage this type of program •
✓. 15 years of experience working with government agencies and the public
• Best safety record in the industry, zero fatal or serious accidents
• Best regulatory record in the industry, zero NOI's for door-to-door programs
• Full time, trained, U.S. based call center to work with participants
✓. :Proprietary data:collection and reporting system to provide details of work performed: :
✓. Well maintained vehicles
✓: :Full time training manager for door-to-door customer service technicians:
• Extensive training manual for all aspects of special waste management
• Emphasis on reuse/recycling bef ore other options
✓: Recycle all latex paint at our own facility in Denver
✓: More than 250,000 collections at homes without accidents
✓ Approximately 45,00.0 survey:responses received by client agencies with very good circle.das', ;
average response to overall program satisfaction
• .Cities and Counties have won awards for programs managed by At Your Door Special
Collections
• All customer service technician candidates are checked twice by Homeland Security and FBI
for prior records and:legal status.
✓- Not one claim against our liability insurance since the company started
✓" All full time employees receive medical insurance without deductions
At Your Door Special Collections is registered with D.O.T. and various states to transport hazardous
and medical waste.
References to be provided will include government agencies and private organizations who have
contracted to implement programs similar to the one proposed in this document.
FAQ's
Proposals often generate additional questions, often these questions are asked by others. The
: following:are some questions:and our answers:
• How can Waste Management offer the program proposed for such low fee'?
o Answer.:: The:price:included.is based upon experience about the:expected`performance. .
of this'corrimunity. At Your Door Special Collections database contains information"
: from every collection since we have been in business.: This information indicates what
: : " type of waste:and what percentage"of homes will likely participate during:the year, Only
:a small percentage of households will use the program:so the:price_reflects this.
• What happens if the waste is unlabeled?
o : 'Answer.:: This.is a rare occurrence for this type of program. At least:one person at a: : .
home generally knows what the waste is: For those few homes Where they onot know
:the contents:of a:container, At Your Door Special Collections will:send someone on an •
appointment basis to field:test the waste'and remove it. : : " : .
: . o :How does the program get started.and:how long.until:it starts? : : : . . : : .
o. Answer. :The program must be announced to the public. We will work"with you:to
: . create a plan for this. Once the public begins calling:the first collection is usually set:for: :
about two/three weeks from the launch date: • -
• How often 'do you collect?
" , o : Answer: As often as necessary. The program is demand"based.;.We may collect every
day, once each week:etc. Residents are scheduled about:2130:days from the:date
they:call so:that they:will"receive their kit and have a weekend to package;it
• • What if the resident has more than-can fit into the kit'?
o ":Answer:: .If the resident receives their,kit and calls:explaining that they have more.waste.
: : they:will:be:provided with two choices, have the one kit contents collected as:scheduled
• or be rescheduled when we can collect all of the waste at the same time:
• How:manystops:do you accomplish on a day?" :
o : :Answer Generally between 20 and 3.0 based upon the geography:and the items we: :
must collect. If the day`will be booked With:a large quantity of electronics fewer stops"
will be made .
• How often will you collect from homes in our community? . . . . .
: o . :Answer:: This:program is designed around an "as needed".concept..We:require.
approximately 20 homes in a"day to become efficient.:: Generally the.schedule.will,Vary;
: : depending upon demand. Collections may:take place:on:one.day:per week;"every other
week, one:day:per month, all depending upon the demand.:For communities of fewer
than:10,000 homes; the service interval will be.between every thirty and sixty days,. The
" intervals can:be"sooner:dependin:g upon the:number of:programs in adjacent-.areas.
Exhibit"A"
Resolution 2006-161
CITY OF PEARLAND,TEXAS
EXCLUSIVE COMMERCIAL AND RESIDENTIAL
SOLID WASTE AND RECYCLING CONTRACT
This Exclusive Commercial and Residential Solid Waste and Recycling Contract (this
"Contract") made and entered into at Pearland, Texas, as of the /S day of October 2006,
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,
hereinafter referred to as"CONTRACTOR."
WITNESSETH:
I.
Scope of Work and Contract
The services to be performed by CONTRACTOR pursuant to this Contract consists of
collection, transportation and disposal, at its own cost and expense, of Waste and Recyclables
collected from Residential Units, and Commercial Waste and Industrial Waste collected from
Commercial Units and Industrial 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:
2.01. Administrative Authority: City Manager or his designee.
2.02. Bag or Bags: Plastic sacks, designed to store Refuse and Brush with sufficient
wall-strength-to-maintain physical-integrity-when-lifted-by-the-top-.—Total-weight
of a Bag and its contents shall not exceed 50 pounds.
2.03. Base Rate or Base Rates: The amount Contractor is entitled to charge for
services rendered under this Contract, exclusive of the Processing Fee (applicable
to Residential Waste).
2.04. Brush: Any cuttings or trimmings from trees, shrubs, or lawns, including Green
Waste.-The term "Brush" specifically excludes limbs which are greater than four
(4) feet in length, and specifically excludes debris resulting from services of a
Commercial Service Provider.
2.05. Bulky Waste: White Goods, furniture, auto parts, and other oversize wastes
which arc customary to ordinary housekeeping operations of a Residential Unit
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and whose large size precludes or complicates its handling by normal solid waste
collection,processing or disposal methods.
2.06. Bundle, Bundled Brush or Bundles: Tree, shrub and brush trimmings or
unrecycled newspapers and magazines securely tied together forming an easily
handled package,not to exceed four(4) feet in length,or 50 lbs. in weight.
2.07. City: The City of Pearland,Texas.
2.08. Commercial Unit: All commercial businesses and establishments,including,but
not limited to, stores, offices, restaurants, warehouses, multi-family complexes
occupied by more than four(4) families, and other non-manufacturing facilities,
premises, locations or entities,public or private,within the corporate limits of the
CITY.
2.09. Commercial Hand Collect Unit: A retail or light commercial type of business,
which generates no more than one(1) cubic yard of Waste per week.
2.10. Commercial Waste: All types of Solid Waste generated by stores, offices,
restaurants, warehouses, and other non-manufacturing activities, excluding
Residential Waste and Industrial Waste.
2.11. Commercial Service Provider: A commercial business enterprise or
commercial service provider.
2.12. Compactor: Any container, regardless of size, which has a compaction
mechanism,whether stationary or mobile.
2.13. Construction and Demolition Debris: Waste building materials resulting from
construction, remodeling, repair, or demolition operations that are directly or
indirectly the by-products of construction work or that result from demolition of
buildings or other structures.
2.14. Container: A receptacle with a capacity of at least 18 - 20 gallons but less than
_. 3-5-gallons, constnimal ergla iavang-hales-o-f-adequate
strength for lifting. The mouth of a container shall have a diameter greater than or
equal to that of the base,
2.15. Contractor:Waste Management of Texas,Inc.
2.16. Curbside: Curbside refers to that portion of the right-of-way adjacent to and not
exceeding three(3) feet from paved or traveled CITY roadways,including alleys.
Bags or Bundles shall be placed within three (3) 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
Bags or Bundles shall be placed as close as practicable to an access point for the
collection vehicle.
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2.17. Customer; The owner or tenant of a Residential Unit, Commercial Unit and)or
Industrial Unit, as the case may be, located within the CITY,and identified by the
CITY as being eligible for and in need of the services provided by the
CONTRACTOR under this Contract.
2.18. Dead Animals: Animals or portions thereof that have expired from any cause
except those slaughtered or killed for human use.
2.19. Disposal Site: A duly permitted and legally authorized sanitary landfill selected
by CONTRACTOR,and identified to CITY.
2.20. Dumpster: Metal receptacle designed to be lifted and emptied mechanically for
use only at Commercial Units or Industrial Units.
2.21. Franchise Fee: A fee to be paid by CONTRACTOR to the CITY pursuant to
Section 8 below.
2.22. Garbage: Solid Waste consisting of putrescible or animal and vegetable waste
materials resulting from the handling, preparation, cooking, and consumption of
food, including waste materials from markets, storage facilities,handling and sale
of produce and other food products, and all Dead Animals of less than ten pounds
(10 lbs.)in weight, except those slaughtered for human consumption.
2.23. Glass Containers: —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
television tubes.
2.-24. -Green Waste: Leaves, grass, and other-similar-vegetative matter,
2.25. Hazardous Waste: Any Solid Waste identified or listed as a hazardous waste by
the administrator of the Environmental Protection Agency under the Federal Solid
Waste Disposal Act as amended by RCRA, 42 U.S.C. §6901, et. seq., as
amended.
2.26. Industrial Unit: All industrial businesses and establishments, including
manufacturing facilities, premises, locations or entities, public or private, within
the corporate limits of the CITY.
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2.27. Industrial Waste: Solid Waste resulting from or incidental to any process of
industry or manufacturing,or mining or agricultural operations.
2.28. Medical Waste. Waste generated by health care related facilities and associated
with health' care activities, not including Garbage or Rubbish generated from
offices, kitchens, or other non-health-care activities. The term includes Special
Waste from health care-related facilities which is comprised of animal waste,bulk
blood and blood products, microbiological waste, pathological waste, and sharps
as those terms are defined in 25 TAC §1.132 (relating to Definitions). The term
does not include medical waste produced on fartiiland and ranchland as defined in
Agricultural Code, §252.001 (6) (Definitions--Farmland or ranchland), nor does
the term include artificial, nonhuman materials removed from a patient and
requested by the patient, including, but not Iimited to, orthopedic devices and
breast implants.
2.29. Missed Collection: CONTRACTOR'S failure to collect Waste properly set out
by a Customer for collection and disposal pursuant to the requirements of this
Contract, subject to the exclusions set out in Section 7.04 below, including the
exclusion for Non Compliant Piles.
2.30. Old Newspaper ("ONP"): 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.
2.31. Plastic Containers: Plastic containers of either Type #1 (PETE) or#2 (HDPE).
Caps shall be removed and the bottles rinsed and reasonably clean before placing
in the recycling container.
2.32. Point of Contact: All dealings, contacts, etc., between CONTRACTOR and
CITY shall be directed by CONTRACTOR to the City Manager of CITY.
24-3—Pr-ocesshag-FeeThe-$-1-00-per-montli per-Residentia ni emer-aeeoun,
added to the Base Rate, that may be retained by the CITY as a processing fee for
billing and collection services to Residential Units- under this Contract, and -
pursuant-to-Section 8:0-1-below.
2.34. Recyclables: A material that has been recovered or diverted from the non-
hazardous waste stream for purposes of reuse, recycling, or reclamation, a
substantial portion of which is consistently used in the manufacture of products
that may otherwise by produced using raw or virgin materials. Recyclable
Material is not Solid Waste. However, Recyclable Material may become Solid
Waste at such time, it'any, as it is abandoned or disposed of rather than recycled,
whereupon it will be solid waste,with respect to the party actually abandoning or
disposing of such material.
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N. 2.35. Recycling Container: A plastic receptacle, designed for the purpose of curbside
collection of Recyclable Materials,with minimum capacity of 18 gallons.
2.36. ,Refuse: Same as Rubbish.
2.37. Residential Unit: A residential dwelling within the service area of the CITY
occupied by a person or group of persons comprising not more than four families.
A Residential Unit shall be deemed occupied when either water or domestic light
and power services are being supplied thereto. A condominium dwelling,
whether of single or multi-level construction, consisting of four units, shall be
treated as a Residential Unit, except that each single-family dwelling within any
such Residential Unit shall be billed separately as a Residential Unit.
2.38. Residential Waste: All Refuse, Garbage and Rubbish and other Solid Waste
generated by a Customer at a Residential Unit.
2.39. Roll-off Bin: Container provided to a Industrial Unit by CONTRACTOR
measuring 20 cubic yard, 30 yards or 40 cubic yards, intended for high-volume
refuse generating Industrial Waste, and capable of pickup and transport to a
Landfill-by loading of container onto rear of transporting'Vehicle,but excluding a
Compactor.
2.40. Rubbish: Nonputrescible Solid Waste (excluding ashes), consisting of both
combustible and noncombustible waste materials. Combustible rubbish includes
paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings,
leaves, or similar materials; noncombustible rubbish includes glass, crockery, tin
cans, aluminum cans, metal furniture, and similar materials that will not bum at
ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees
Fahrenheit).
2.41. Solid Waste: Garbage, Rubbish, Refuse, sludge from a wastewater treatment
plant, water supply treatment plant, or air pollution control facility, and other
discarded material, including solid, liquid, semi-solid, or contained gaseous
material resulting—from—industrial, municipal,, commercial; uiniug, and
agricultural operations and from community and institutional activities. The term
.. -.. . does-not-include: --..------------ - ----------- -- -------_.__.- -----
a) Solid or dissolved material in domestic sewage, or solid or
dissolved material in irrigation return flows, or industrial
discharges subject to regulation by permit issued under Texas
Water Code,Chapter 26;
b) Solid, dirt, rock, sand, and other natural or man-made inert solid
materials used to fill land if the object of the fill is to make the land
suitable for the construction of surface improvement;
c) Waste materials that result from activities associated with the
exploration, development, or production of oil or gas or
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C:ID000ME—IldcokerU.00AIS—I lTempinotes82664BlCommercial and Residential Recycling Contract-VS.doc
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geothermal resources and other substance or material regulated by
the Rai road Commission of Texas under Natural Resources Code,
§91.101, unless the waste, substance, or material results from
activities associated with gasoline plants, natural gas liquids
processing plants, pressure maintenance plants, or repressurizing
plants and is hazardous waste as defined by the administrator of
the EPA under the federal Solid Waste Disposal Act, as amended
• by RCRA, as amended(42 USC, §§6901 et seq.), or
d) Unacceptable Waste.
2.42. Special Waste: Waste that requires special handling and management due to the
nature of the waste,including,but not limited to, the following: (A) containerized
waste (e.g. a drum,barrel,portable tank,box, pail, etc.), (B) waste transported in
bulk tanker, (C) liquid waste, (D) sludge waste, (E) waste from an industrial.
process, (F) waste from a pollution control process, (G)Residue and debris from
the cleanup of a spill or release of chemical, or (H) any other waste defined by
Texas law,rule or regulation as"Special Waste".
2.43. Stable Matter: All manure and other waste matter normally accumulated in or
about a stable, or any animal, livestock or poultry enclosure, and resulting from
the keeping of animals,poultry,or livestock.
2.44. Steel Cans: 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.
2.45. Unacceptable Waste: Any waste, the acceptance and handling of which by
CONTRACTOR would cause a violation of any permit, condition, legal or
regulatory requirement, substantial damage to CONTRACTOR'S equipment or
facilities, or present a danger to the health or safety of the public or
CONTRACTOR'S employees, including, but not limited to, Hazardous Waste,
Special Waste (except as otherwise provided herein), untreated Medical Waste,
Dead—Animals weighing-ten-pounds-(-1-0 lbs)-or-greater,—solid-or-dissolved
material in domestic sewage, or solid or dissolved material in irrigation return
- .. -..- .-. ..--flows;or-industrial-discharges -subject-to regulations-by soil;-dirt; rock,-
sand;us-ell asphalt asphalt mixed-with-dirt, concretestires, and other similar
materials or natural or man-made inert solid materials used to fill land if the
object of the fill is to make the land suitable for the construction of surface
improvements.
2.46. Unusual Accumulations: As to Residential Units, any Waste placed curbside for
collection•in excess of the volumes permitted by this Agreement, or placed
outside a Polycart, and as to Commercial or Industrial Units, any Waste located
outside the Dempster, Roll-off Bin or Compactor regularly used for such
collection service.
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C:'DOCUME-11dcoker\LOCALS-11Tetnp\notes826648\Commercial and Residential Recycling Contract-VS.doa
2,47. Used Beverage Cans ("UDC"); All aluminum beverage containers which are
placed singly,empty, and reasonably clean in the bin for recycling.
2.48. Waste: All Residential Waste, Brush, Bulky Waste, Commercial Waste, and
Industrial Waste to be collected by CONTRACTOR pursuant to this Agreement.
The term"Waste"specifically excludes Unacceptable Waste.
2.49. White Goods: Refrigerators which have CFCs removed by a certified technician,
stoves and ranges, water heaters, freezers, swing sets, bicycles (without tires)
scrap metal, copper, and other similar domestic and commercial large appliances.
III.
Term
The initial term of this Contract shall be for the period of five(5)years, commencing on
the lst day of October, 2006, and expiring on September 30, 2011. After the expiration of the
initial five-year term, this Contract may be extended for an additional successive FIVE (5) year
term, if mutually agreed by both the CITY and CONTRACTOR on terms acceptable to both
parties, in each party's sole discretion, and igreed Upon at least 180 days prior-to the expiration
of the initial term.
IV.
Equipment
4.01 CONTRACTOR shall furnish a sufficient number of packer and roll-off container
type trucks with sufficient operators and workmen for each, to collect and dispose of Waste
collected within CITY from Residential Unit Customers, and Commercial Unit and Industrial
Unit Customers, and a sufficient number of recycling-type trucks, with sufficient operators and
workmen for each, to collect Recyclables in CITY from Residential-Unit Customers, and
adequate equipment to process said Recyclables. All equipment must be in good working order
and equipment shall bear the name of CONTRACTOR and CONTRACTOR'S local telephone
number-which-shall-be-displayed-on-such-equipmentzn-a-clear;legitrlemanner. ll-collection
equipment shall be maintained in an efficient working condition throughout the term of this
-Contract: CONTRACTOR'S-vehicles shall-be mamtauA and pained as often as necessary to
preserve and present a well—fit appearance, and—CONTRACTORshall—have a regular
preventive maintenance program. CONTRACTOR'S collection equipment shall not scatter any
Waste within the limits of the CITY nor while in route to the Disposal Site. CONTRACTOR, at
CONTRACTOR'S sole cost, shall immediately clean or remove all leakage, spillage and blown
debris intentionally or unintentionally released from CONTRACTOR'S vehicle.
CONTRACTOR shall operate all vehicles and equipment and vehicles in compliance with all
applicable laws, and in accordance with manufacturer's specifications.
4.02 All Dumpsters and Roll-Off Bins requested by Commercial Unit and Industrial
Unit Customers shall be maintained by CONTRACTOR in good condition. Dumpsters shall be
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•
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 such Customer.
4.03 CONTRACTOR shall clean and remove all Waste that has been littered by
CONTRACTOR in the area of collection before leaving such area. CONTRACTOR shall
immediately clean and remove all Waste from torn Bags,in the general area of such Bags.
V.
• Employees
5.01 CONTRACTOR shall assure that employees serve the public in a courteous,
helpful, and impartial manner. CONTRACTOR shall outfit each employee or contract laborer in
uniforms that clearly identifies him/her as a representative of the CONTRACTOR. The name of
supervisory employees and drivers shall be clearly visible on the front. CONTRACTOR shall
provide each employee with appropriate safety equipment. CONTRACTOR shall assure that all
employees or contract laborers are properly trained in safe operations and have sufficient skill,
ability, and experience to properly perform the duties to which they are assigned.
CONTRACTOR shall conduct background cheeks on all employees, and shall request
background checks be conducted by personnel services providing temporary contract laborers to
ensure that no employee or contract laborer has been convicted of a felony or any offense that
designates individuals as sex offenders. CONTRACTOR shall employ superintendents,
foremen, and workers who are careful, competent, and fully qualified to perform the duties or
tasks assigned to them. The CITY shall have the right, using reasonable discretion, to request
that an employee be barred from further work for the CONTRACTOR in connection with this
Contract for reasons including: wanton, discourteous, belligerent, or unsafe behavior. The
CITY'S request shall be in writing and shall describe the reasons for the request. Upon receipt
of the CITY'S request, the CONTRACTOR shall comply immediately by removing the
individual from duties within the CITY.
5.02. The CONTRACTOR shall not subcontract any task under this Contract without
the written consent of the CITY, which consent shall not be unreasonably withheld. The
tors_for_advancc_approvzLb_y_thc
CITY. e O sal properly supervises-instruct subcontractors to assure that
- the-subcontractor-complies--with-all-requirements-of-this-Contract-in-performing-any- ork--. .- --
hereunder.
5.03. The relationship of the CONTRACTOR to the CITY shall be that of an
independent contractor, and no principal-agent or employer-employee relationship between the
parties is created by this Contract. By entering into this Contract with the CITY,
CONTRACTOR acknowledges that it will, in the performance of its duties under this Contract,
be acting as an independent contractor and that no officer, agent or employee of the
CONTRACTOR will be for any purpose an employee of the CITY and that no officer, agent or
employee of the CONTRACTOR is entitled to any of the benefits and privileges of a CITY
employee or officer under any provision of the statutes of the State of Texas or the Charter and
ordinances of the CITY.
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Office Hours;Routes; Communications;Annexation
6.01. CONTRACTOR shall maintain an office at a fixed location and shall maintain
local telephone service 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 weekday,
and 8:00 a.m.to 12:00 p.m..on Saturday,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. 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.
6.02. Collection routes shall be established by the CONTRACTOR, and reasonably
approved by the CITY. Should a routing change be necessary; CONTRACTOR shall notify the
CITY at least thirty(30) days prior to the implementation of any such change in collection route.
CONTRACTOR'S approval of such routing change shall not be unreasonably withheld.
CONTRACTOR shall notify residents in the affected area of the change in of routing.
Notification shall be by door -hangers,..fliers, or_newspaper advertisements, or combination
thereof, as approved by CITY (which approval shall not be unreasonably withheld), to affected
Residential Units.
6.03. All dealings between CONTRACTOR and CITY shall be directed by
CONTRACTOR to the Administrative Authority.
6.04. If the CITY annexes additional land into it's corporate limits during the term of
this Contract, then CONTRACTOR'S rights, duties and obligations under this Contract shall
include the annexed land in accordance with the terms hereof.
VII.
Collection Services
. _.. _- _._________.It_is_hereby_agreed,understood,_and_contracted_thatthe CONTRAC.TOR_shall_do_and .. __
perform the-following_Waste-collection-Services:
7.01. a. (i) CONTRACTOR shall collect Residential Waste generated at a
Residential Unit and placed in that Residential Unit's Bags, and
any Bulky Waste, twice per week during the term of this Contract.
Each Bag and item of Bulky Waste shall be placed Curbside for
collection. All Residential Waste must be placed in Bags.
Residential Waste not placed in Bags, including Residential Waste
placed in Containers,will not be collected.
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(ii) CONTRACTOR shall collect Commercial Waste placed in Bags or
Containers, placed Curbside, from a Commercial Hand Collect
Unit twice per week.
(iii) Construction Debris generated at a Residential Unit by a
Commercial Service Provider shall be deemed Commercial Waste,
and shall be collected pursuant to Section 7.03 below. Construction
Debris generated at a Residential Unit by the owner or tenant of
that Residential Unit, and not utilizing the services of a
Commercial Service Provider, shall be subject to the Bulky Waste
limitations set forth in this Agreement. CONTRACTOR shall
have no obligation to collect any Construction Debris produced by
a Commercial Service Provider hired by a Customer and generated
and located at that Residential Unit.
b. CONTRACTOR shall provide a once per week collection service to
Residential Units for collection of Brush. Brush must either be Bundled or
placed in clear Bags. CONTRACTOR shall have no obligation to collect
any Brush not bundled or placed in clear Bags. Brush shall be placed
\ Curbside.
v c (i) CONTRACTOR shall pick up all Residential Unit Recyclables
from every Residential Unit, once each week, placed in a Recycling
-� Container or, if containerized, placed next to the Recycling Container.
TRACTOR will provide service to Pearland's recycling station at no
ar e. Residential Recyclables inc u e 01tliN spaper, usa-be age
containers, Plastic Containers No. 1 and No. 2, Glass Containers, bi-metal
cans and any other recyclable materials, the addition of which is agreed to
by CONTRACTOR and CITY.
(ii) CONTRACTOR shall provide one (1) Recycling Container per
Residential Unit. The Recycling Container shall remain the property of
CONTRACTOR. The CONTRACTOR shall replace a Recycling
been damaged throu no fault ofthCustomer. If a Customer loses his
Recycling Container-,—or--desires--a second--Recycling---Container,--a-- - --
replacement-Recycling-Container-can-be-purchased-by-the-CITY for such
Customer at a price of Seven Dgllars J 7..OQ) per Recycling Container,
which shall be billed to the CITY. CONTRACTOR will deliver
replacement Recycling Containers to Customers. Replacement Recycling
Container shall be delivered to such Customer within ten (10) days of
request. Recycling Containers shall be placed by Customer Curbside.
The CITY shall aid CONTRACTOR in resolving problems of Recycling
Container locations by a Customer. Customer shall not overload
Recycling Containers. CONTRACTOR shall not be required to collect
any Recycling Container that is commingled with other Waste.
10.
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(iii) If the CITY or CONTRACTOR determines that additional
Recyclables 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 Recyclables, with no corresponding adjustment in
compensation. 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, or the recycling center utilized by
CONTRACTOR is no longer accepting a certain item of Recyclables,then
CITY or CONTRACTOR reserves the right to exclude or discontinue said
item from the recycling program with the consent of both parties, with no
corresponding adjustment in compensation. CONTRACTOR does not
guarantee the existence of a market or any buyer at any time for
Recyclables.
(iv) 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
_Battles. -The_.CITY_shall_receive a monthly_payment.of Zii ye Thu d
Dollars ($570 or promo on of recycling activities and environmental
e ucation. ayment y o , or to tax exempt entity
under contract to CITY to rovide the aorem • ice d
designated i`"—•wnfing y CITY to receive the monthly payment from
CORN Ac IM— Wy, s r 1 be made within THIRTY (30) days
following the last day of the month in which residential recycling services
were rendered.
7.02. CONTRACTOR shall make collections at all Commercial Unit and Industrial
Unit Customers establishments subject to the terms of this Contract, at such intervals as may be
requested by such Commercial Unit or Industrial Unit Customer. Dumpsters and Roll Off Bins
will be located at a place convenient and safely serviceable to CONTRACTOR and the
Commercial Unit Customer. CONTRACTOR or CITY shall not be responsible for damage
accompanying sub-surface, or any drive approach connecting said private payment to public
—._—..__str_eet ar_alley,.of any-route_reasonabl-y-necessary-to-per-formthe-services-herein-contracted-No-- ----—
flumpster—should_be_overloaded—to—the—pointwhere—the—lid—or—covers—wi-ll—not elose.
CONTRACTOR may decline to empty an overloaded Dumpster until the Customer uploads the
Dumpster to the point where the lid or covers will close, or until other mutually agreeable
arrangements have been made. Notwithstanding anything contained herein to the contrary, this
Contract expressly excludes temporary Roll Off Bin service and commercial recycling service.
7.03. (a) Residential collection and recycle services of Residential Waste, Brush,
and Bulky Waste shall be between the hours of 7:00 a.m. and 5:00 p.m.
(b) CONTRACTOR shall collect Commercial Waste and Industrial Waste
throughout CITY 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
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MOON E-l'dcoker\LOCALS-I 1Temp\notes8266481Commercial and Residential Recycling Contract-VS,doc
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.
7.04. CONTRACTOR shall not be required to collect any Waste not properly set out
for collection. In the event CONTRACTOR does not collect any Waste as a result of
Customer's improper set out(a"Non-Compliant Pile"),CONTRACTOR shall affix to such Non-
Compliant Pile a notice notifying such Customer of the reason for such non-collection. In
addition, CONTRACTOR shall notify the CITY, of CONTRACTOR'S non-collection of such
Non-Compliant Pile.
7.05. Service to facilities owned and/or operated by the CITY shall be provided at no
cost to the CITY+-ger- ce shall be at a fre`quency and types of ecnipment shall be reasonably
• Q Cn -etc CITY.
CONTRACTOR shall provide service to the following City Events: Community Clean \
Up Days, twice per year (roadside bag-it program); CI'Y-annual Winterfest and annuaLEaster
egg hunt, and at least one (1 o fl apon ed event Such Waste should be picked up
-Within three (3)working ays shall be placed in Bags, Dumpsters, or Roll Off Bins, as
•Tetermined by CONTRACTOR. & 'P
VIII. ,\(
Compensation
8.01. CONTRACTOR is authorized to charge, and shall receive from the CITY for r
services rendered under this Contract, the initial Base Rates as follows, subject to adjustment as
set forth in Section IX below("Base Rates"): .
(a) CITY agrees to pay CONTRACTOR for the collection of Residential
Waste, Brush and Bulky Waste collection, and collection of Recyclables an initial
Base Rate of$11.97, plus the Processing Fee, being an initial amount of$12.97,
peI thonth per-Resi_dential Unit-as-compensation-for—services—to—Residential—Units
under this Contract. The CITY shall retain(i)the Processing Fee, plus (ii) fifteen
- --------------- --percent(154/0)-o- the-Base-Rate-per-month-(1-5%-x$11.97subject to-adjustment-as- .------
set-forth-herein)-collected-from Residential-Unit-Customers-as-a Franchise Fee.
The policy pertaining to delinquent notices for Residential Waste billing and
charges for delinquent payment for Residential Refuse billing shall be the same as
the one of delinquent water utility billing under the CITY'S utility billing policy
then in effect.
(b) CONTRACTOR shall be entitled to receive the Base Rates set forth as
Schedule "A" for services rendered to Commercial Unit and Industrial Unit
Customers. The CITY shall retain eighteen percent(18%)of the gross collections
from Commercial Unit and Industrial Unit Customers as a Franchise Fee. Sludge
removal for CITY shall not be subject to the 18%Franchise Fee.
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8.02. CONTRACTOR shall bill the CITY for services on a monthly basis for all
services rendered to Residential Units,Commercial Units and Industrial Units, except as set forth
in Section 8.03 below. CONTRACTOR shall bill the CITY for services on a monthly basis.
Payment shall be remitted by the CITY within thirty(30)days from receipt of invoice
8.03. CONTRACTOR shall directly bill Customers for provision of temporary Roll-Off ,
Bins utilized in the collection of construction debris or recyclable cardboard compactor /
containers, nor shall provision of such services by CONTRACTOR be subject to any Franchise
Modification to Rates
9.01. Base Rates charged by CONTRACTOR for services will remain fixed, and will
not be adjusted for changes in the CPI-U (as hereinafter defined), until October 1, 2007. On (i)
October 1, 2007 and (ii) October 1, 2008, Base Rates for services shall be adjusted by (i) the
same percentage as the Consumer Price Index,All.Urban Consumers for the.Houston-Galveston-
Brazoria Area, Base Period 1982-84 = 100 (published by the United States Bureau of Labor
Statistics, Consumer Price Index) (the "C.P.I.-U") shall have increased during the preceding
twelve months,plus (ii) five percent (5%) of the then existing Base Rates. In the event the U.S.
Department of Labor,Bureau of Labor Statistics ceases to publish the C.P.I;U, the parties hereto
agree to substitute another equally authoritative measure of change in the purchasing power of
the U.S. dollar as may be then available so as to carry out the intent of this provision. On (i)
October 1, 2009 and (ii) October 1, 2010, the then current Base Rates shall again be adjusted by
the same percentage that the CPI-U shall have increased during the preceding twelve (12)
months.
9.02. Every calendar quarter, the Base Rates shall be subject to a fuel adjustment as q,
follows: (i) an increase in the Base Rates of an additional one percent(1%) for every thirty-five 9 _
cent($0.35) increase in the price of diesel fuel above and includin $2.85 per gallon (with a 1%1 07
surcharge beginning at $2.85 per gallon and an additional 1% inere for each thirty-five cent d
($0 35)-per-gallon-incr-ease-thereafterVand-(ii)-a-decrease-in-the-Base-Rates ofone-pereentrtr o) ,•
for every thirty-five cent($0.35) decrease in the price of diesel fuel at ox below$2.00.per_gallon.. ._ .. '
(with a 1%decrease beginning at$2.00 pgallon and an additional l%_decrease_for_each_thirty-
five cent($0.35) per gallon decrease thereafter). The diesel fuel price shall be as determined by
reference to the Energy Information Administration of the US Department of Energy ,-,
f EIA/DOE")'s Weekly Retail On Highway Diesel Prices for the "Gulf Coast". The EIA/DOE 'x
currently pubhs es ese prices n their websi a at the following location: 0
http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp. The determination of the average price of
diesel fuel from the aforesaid website shall be made on the first Mondays ' r to the end of the
quarter(or the first business day thereafter if such Monayis a Federal Holiday).
9.03. CONTRACTOR shall also be entitled to request an increase in Base Rates from
time to time during the term of this Contract, and upon thirty (30) days' written notice to the
CITY,to offset any change in conditions outside the control of CONTRACTOR, which increase
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•
the CONTRACTOR'S costs,including but not limited to,increases in disposal costs,increases in
landfill fees, changes in the ordinances under which the CONTRACTOR is to operate, or
changes in federal, state or local laws, rules or regulations. Documentation supporting such
increase request shall be submitted to the CITY. ,If the CITY shall fail to approve such requested
increase within thirty (30) days after receipt,6f such request, CONTRACTOR shall have the
right to terminate this Contract upon 180 days' written notice to CITY.
X.
Right to Propose Pilot Programs
The CITY and CONTRACTOR may agree from time to time to engage in pilot programs
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, acceptable to both parties,in each party's sole discretion.
XI.
Bonds and Insurance
11.01. CONTRACTOR shall maintain in full force and effect during the term of this
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 damages 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 - f • aticnudatc
.F.or.the_purpose..of.this.Contract, CONTRACTOR shall carry-the -following types of
insurance-inert_Least-the-limi_ts-as-speciied-below:
COVERAGES LIMITS OF LIABILITY
Workmen's Compensation statutory
Employer's Liability $ 3,000,000
Bodily Injury Liability $ 5,000,000 each occurrence
Except Automobile $ 5,000,000 aggregate
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Property Damage Liability $5,000,000 each occurrence
Except Automobile $5,000,000 aggregate
Automobile Bodily Injury $5,000,000 each person
Liability $5,000,000 each occurrence
Automobile Property Damage $ 5,000,000 each occurrence
Liability
Fire Damage $2,000,000 any one fire
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, except when caused by the negligence of CITY. CONTRACTOR does hereby release,
acquit, and forever discharge CITY, its officers, agents, employees, successors, and assigns from
any and all claims, demands, rights or causes of action of any character or nature, including
attorneys' fees, costs or expenses arising from or by reason of any and all bodily or personal
injuries, including death and mental anguish, damage to property and the consequences thereof
which may be caused by CONTRACTOR, CONTRACTOR'S agents, employees,
representatives, successors or assigns, occurring in connection with this Contract, and which are
caused, whether intentional, negligent or otherwise, in whole or in part by the CONTRACTOR,
its officers, agents, employees, successors, or assigns. CONTRACTOR, CONTRACTOR'S
agents, employees, representatives, successors and assigns shall defend, keep and hold harmless
City, its officers, agents, employees, successors, and assigns from any and all cost, liability,
damage or expense of any nature and howsoever caused, claimed or recovered by anyone by
reason of injury to or death of any person or persons or damage to or destruction of property
caused by CONTRACTOR, its officers, agents, employees, successors, or assigns, whether
intentional, negligent or otherwise, to the extent caused by the acts or omissions of
CONTRACTOR, its officers, agents,employees,successors or assigns, and arising in connection
with this Contract, to the extent allowed by law. Provisions of this section shall survive any
t.
The above insurance policies should provide the following:
a. Any subcontractors hired by the CONTRACTOR shall maintain insurance
coverage equal to that required of the CONTRACTOR. It is the responsibility of
the CONTRACTOR to assure compliance with this provision. The CITY of
Pearland accepts rio responsibility arising from the conduct or lack of conduct, of
subcontractors.
b. The CITY shall be named as an additional insured with respect to GL and Auto
Liability, subject to CONTRACTOR'S indemnities set forth herein.
c. All liability policies shall contain no cross liability exclusions or insured versus
insured restrictions.
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d. A waiver of subrogation in favor of the CITY shall be contained in the WC's and
all liability policies.
e. All insurance policies shall be endorsed to require the insurer to immediately
notify the CITY of any material change in the insurance coverage.
f. All insurance policies shall be endorsed to the effect that the CITY will receive at
least thirty (30) days written notice prior to cancellation or non- renewal of the
insurance.
g. All insurance policies, which name the CITY as an additional insured, must be
endorsed to read as primary coverage regardless of the application of other
insurance.
h. Required limits may be satisfied by any combination of primary and umbrella
liability insurances.
i. CONTRACTOR may maintain reasonable and customary deductibles.
j. Insurance must be purchased from insurers having a minimum AmBest rating of
All insurance must be written on forms flied with and approved by the Texas Department of
Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or
its authorized agent and shall contain provisions representing and warranting the following:
Sets forth all endorsements and insurance coverages according to requirements and
instructions contained herein.
Shall specifically set forth the notice-of-cancellation or termination provisions to The
City of Pearland.
Upon request, CONTRACTOR shall furnish The City of Pearland with certified copies of all
insurance policies.
A v li l certificate of insurance verifying each of the coverages required above shall be
issued directly to the CITY prior to the.effective date of this Contract -by the successful
contractor's-insurance-agent-of-r-ecord-or-insurance company.
•.'a .. 11.I2. CONTRACTOR shall furnish a faithful performance bond in the amount of
'^ k Q. $600,000 s rior to the effective date of this Contract. CONTRACTOR shall pay the premiums
• c bond. The surety on such bond shall be a duly authorized corporate surety authorized to d)
do business in the State of Texas.
\'C
,
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2f11
.
Reports
CONTRACTOR shall submit periodic reports and special reports to the Administrative - \C?(Ck
Authority as may be deemed reasonable, but no more frequently than monthly, (i) summarizing
amount of Recyclables and Brush collected, and (ii) listing any complaints received by
CONTRACTOR from Customers, and the resolution thereto. QONMECTOR-shal provide the
-name-of each-Commercial unit-and--Industrial°-Uniteugtot fe;lhe address-thereof;-and^-the-type
of service_pr yidesl,..,a the..-total•--Residential" Uiii't"C" tt'"as•-determined by--certificates-of
occupancy.. The CITY may review CONTRACTOR'S records and reports as they specifically
relate to this Contract on service during regular office.hours. Once annually, the CITY may
r west a report of the setout rate for Recyclables, which report shall show the setout rate for a
two(2)wee t penOToveffalfCity-wide.
XIII.
Default;Termination
13.01. Except as otherwise provided herein,if either party defaults in the performance of
any of the covenants or conditions contained herein, and fails to,cure such default within sixty
(60) days after the non-defaulting party has given the defaulting party written notice of such
default(or if such default is of a nature that it cannot be cured within such sixty(60) day period,
the defaulting party fails to commence the curing of such default within such sixty (60) day
period, and fails to thereafter diligently pursue the curing thereof) (the "Cure Period"), the non-
defaulting party may: (a) terminate this Contract as of any date which the non-defaulting party
may select, provided said date is at least thirty(30) days after the expiration of the Cure Period;
(b) cure the default at the expense of the defaulting party; and/or (c) have recourse to any other
right or remedy to which it may be entitled by law, including, but not limited to, the right to all
actual, consequential and incidental damages or losses, including attorneys' fees, suffered as a
result of such termination. In the event either party waives default by the other party, such
waiver shall not be construed or determined to be a continuing waiver of the same or any
subsequent breach or default. The following, by way of example, but not of limitation may he
considered grounds-for-declarationof def'ult:
(i) - Failure of CONTRACTOR to perform or observe any of the obligations,
covenants,-agreement nzl conditions required—o be performed or observed by
herein,
(ii) Failure of the CONTRACTOR to commence work operations within the time
specified in the Contract,
(iii) Failure of the CONTRACTOR to provide and maintain sufficient labor arid
equipment to properly execute working operations;
(iv) Evidence that the CONTRACTOR has abandoned the work,
•
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CADDCUMB—ItdcakerNLOCAIS-11Temprnotes8266481Commercial and Residential Recycling Contract-VS.doc
(v), Evidence that the CONTRACTOR has become insolvent, bankrupt, or otherwise
financially unable to carry out the work satisfactorily;
(vi) Failure on the part of the CONTRACTOR to comply with the terms of this
Contract or any requirements given by the CITY provided for in this Contract
document; or
(vii) Indication that the CONTRACTOR has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any
other purpose.
13.02. Upon the effective date of termination as contained in the notice, the
CONTRACTOR shall,unless the notice directs otherwise,immediately discontinue all service in
connection with this Contract.
13.03. Within thirty (30) days after the date of termination, the CONTRACTOR shall
submit a statement to the CITY showing in detail the services performed under this Contract to
the date of termination. Within thirty(30) days following receipt of documentation detailing the
service to be performed to the date of termination, the CITY agrees to compensate the
CONTRACTOR for that portion of the undisputed prescribed charges for which the services
were actually performed under this Contract and not previously paid. CITY and
CONTRACTOR agree to use good faith efforts to resolve any disputed charges.
13.04. In addition to, or in lieu of, the termination procedure set forth above,if the CITY
determines, and notifies the CONTRACTOR, that such default poses an immediate threat to the
health or safety of any person or to any property interest, and if the CONTRACTOR has not
cured such default within twenty-four(24)hours after receipt of such notice,the CITY shall have
the right to perform or cause to be performed all or part of the work necessary to cure such
default. In the event that the CITY performs such work, or caused it to be performed, the
CONTRACTOR shall,within thirty(30) days of receipt of written notice, compensate the CITY
for the reasonable costs actually incurred by CITY, including attorneys' fees, fines and penalties.
The CITY shall have the right to deduct any such compensation due to the CITY from any sums
otherwise due and owing to the CONTRACTOR.
XIV.
Compliance-with-Ali Laws;Disposal-Site
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 Waste. 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 Waste may be hauled, processed, or disposed of, governing the picking up, hauling,
processing, and/or disposal of Recyclables and Waste. CONTRACTOR agrees, when
Recyclables and/or Waste 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 Waste. CONTRACTOR
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agrees to abide by all the laws of the State of Texas governing the picking up, hauling,
processing,and/or disposal of Recyclables and Waste.
The CONTRACTOR shall obtain and pay for all licenses, permits, and certificates
required by any statute, ordinance, rule, or regulation of any regulatory body having jurisdiction
over the conduct of the CONTRACTOR'S operations herein.
CONTRACTOR shall identify and provide the CITY with a list of the designated
Disposal Sites that will be accepting Waste and Recyclables collected under the terms of this
Contract. Each Disposal Site and processing facility shall be legally authorized and permitted
under all applicable federal, state and local laws.
The charge for disposal or processing shall be included in the Base Rates.
The CONTRACTOR shall pay and all fine or penalties assessed against the CITY by any
organization having jurisdiction for the CONTRACTOR'S violations of applicable laws, codes,
regulations or orders arising in connection with CONTRACTOR'S performance of services
hereunder.
XV.
Contractor's Duties; Performance Monitoring
For and in consideration of the payments and agreements herein mentioned to be made
and performed by CITY, CONTRACTOR agrees with CITY, CITY'S obligation, agreed as
follows:
a. CONTRACTOR shall be actively involved with the CITY in the "Keep Pearland
Beautiful" program, including educational mailout materials, and with the CITY'S
recycling and greenwaste programs.
b. CONTRACTOR'S Public Sector Services Representative shall be actively involved
in the Keep Pearland Beautiful programs throughout the year.
c. CONTRACTOR shall be responsible for supervising and monitoring all work
specified in this Contract for compliance with specifications.
d. .The CITY shall administer and monitor CONTRACTOR activities and performance
with field monitoring and inspections. The CITY shall closely monitor and
document missed collections and complaints of property damage,poor service, and
discourteous service from CITY calls as well as from Contactor reports.
e. The CITY shall have the right to monitor or inspect all collection, transportation,
and processing/disposal operations pertaining to this Contract.
f. CONTRACTOR shall have a representative available to meet with CITY staff as
needed to discuss performance,problems,and resolutions.
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g. CONTRACTOR shall provide, within three (3) working days after a request by the
CITY, explanations of non-compliance and action taken to rectify any alleged
default or non-performance relating to this Contract.
h. The CITY shall notify CONTRACTOR of Customers to be added or dropped from
CONTRACTOR services,or of any change in Customer service;
i. The CITY shall timely pay CONTRACTOR pursuant to this Contract;
j. The CITY shall timely inform CONTRACTOR of complaints made by Customers;
k. The CITY and CONTRACTOR shall work together in good faith to resolve all
Customer service issues;and
1. The CITY shall educate Customers to encourage,promote and obtain proper Waste
disposal and recycling as required by this Contract, including educating Residential
Unit Customers to assure proper and timely set out,and proper recycling techniques
to minimize commingling.
XVI.
Holidays
The following shall be holidays for the purposes of this Contract:
New Years Day Labor Day
Memorial Day Thanksgiving Day
Independence 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
- -
coI ec"okay.
- XVIII. --- - - -
Complaints
17.01. All complaints shall be made directly to CONTRACTOR and shall be given
prompt and courteous attention. In the case of alleged Missed Collection, CONTRACTOR shall
investigate and, if such allegations are verified, shall arrange for the collection of waste not
collected within ONE (1) business day after the complaint is received. CONTRACTOR shall
maintain a log of calls,including inquiries,Missed Collections and complaints, that includes the
date and time of notification, the manner of resolution, and the general timing of resolution of
such matter. A Missed Collection shall exclude Waste not properly set out for collection,
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including,but not limited to, (i)the Customer's failure to timely set out such waste,or the setting
out of waste in excess of limitations set forth in this Contract, (ii) waste not required to be
collected by CONTRACTOR under this Contract, and (iii) Non-Compliant Piles.
. CONTRACTOR'S failure to remedy a complaint shall be deemed an event of default hereunder,
subject to the provisions of Section 7.04.
17.02. CONTRACTOR shall maintain a log of all Customer calls relating to Missed
Collections and complaints, including(i)date and time of notification, (ii)manner and resolution
of such issue,and(iii)general timing of resolution.
XVIII.
Force Majeure
The performance of this Contract may be suspended and the obligations of either party
excused in the event of and during the period that such performance is prevented or delayed by a
Force Majeure occurrence. "Force Majeure"shall mean:
(i) An actual or threatened act of God, including hurricanes, tornadoes, landslides,
lightning, earthquakes, severe weather conditions, fire, flood, explosion, sabotage or
similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot,
civil disturbance, strike or other labor disturbances, governmental actions or regulations,
governmental requests or requisitions for national defense, or breakdown or injury to, or
shortage in, facilities used for the handling, processing or transportation of Waste or any
other cause beyond the reasonable control of either party;
(ii) The order or judgment of any federal, State, or local court, administrative agency
or governmental body(excluding decisions of federal courts interpreting federal tax laws,
and decisions of State courts interpreting State tax laws) if it is not also the result of the
willful misconduct or negligent action or inaction of the party relying thereon; provided
that neither the contesting in good faith of any such order or judgment nor the failure to
so contest shall constitute or be construed as a measure of willful misconduct or negligent
action or inaction of such party;
(iii) The suspension,termination,interruption,denial,or non-renewal of any permit or
approval essential to the operation of the CONTRACTOR beyond the reasonable control
o CONTRACTOR; or — -
(iv) A Change in Law. "Change in Law" means (a) the adoption, promulgation, or
modification or reauthorization after the date of this Agreement of any law, regulation,
order, statute, ordinance, rule or binding judicial or administrative ruling that was not
adopted, promulgated, modified or reissued on or before the date of this Agreement, or
(b)the imposition of any material conditions in connection with the issuance, renewal,or
modification of any permit,license,registration,notice of intent or approval after the date
of this Agreement, which in the case of either(a)or(b)establishes requirements affecting
a party's operation under this Agreement more burdensome than the requirements that are
applicable to such party and in effect as of the date of this Agreement. A change in any
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federal, state, county, or other tax law or workers compensation law shall not be a
Change of Law. However,in the event that a federal, State or local entity imposes a fee,
charge or tax after the date of this Contract that applies to a party's operations per se,
such fee, charge or tax shall be treated as a Change in Law.
XIX.
Notices
All notices or other communications required or permitted to be given pursuant to this
Contract shall be in writing and shall be considered as properly given (i) if mailed by first class
United States mail, postage prepaid, registered or certified with return receipt requested, (ii) by
delivering same in person to the intended addressee, (iii) by delivery to an independent third
party commercial delivery service for same day or next day delivery and providing for evidence
of receipt at the office of the intended addressee, or (iv)by prepaid telegram, telex, or facsimile
to the addressee. Notice so mailed shall be effective upon its deposit with the United States
Postal Service or any successor thereto; notice sent by such a commercial delivery service shall
be effective upon delivery to such commercial delivery service; notice given by personal
delivery shall be effective only if and when received by the addressee; and notice given by other
means shall be effective only if and when received at the office or designated place or machine
of the intended addressee. Notwithstanding anything contained herein to the contrary, any notice
of default under this Contract must be both (i) mailed by Certified Mail, Return Receipt
Requested and (ii) faxed to the alleged defaulting party to constitute proper notice hereunder.
For purposes of notice, the addresses of the parties shall be as set forth below; provided,
however, that either party shall have the right to change its address for notice hereunder to any
other location within the continental United States by the giving of thirty(30) days' notice to the
other party in the manner set forth herein.
If to the City,at: The City of Pearland,Texas
3519 Liberty Drive
Pearland,Texas 77581-5416
Into-the-Contractor-at: Waste-ManKagem-ent Texas, Inc.
3520 Pansy
Pasadena,Texas--7.7505- -... -- -_.. - .- -- ------- - ----..._
with a copy to: Waste Management of Texas, Inc.
820 Gessner, Suite 940
Houston,Texas 77024
Attn: Senior Legal Counsel;and
CT Corporation System
350 North St.Paul Street
Dallas,Texas 75201
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•
•
or such other addresses as the parties may hereafter specify by written notice delivered in
accordance herewith.
XX.
Enforcement
CONTRACTOR shall have all rights and remedies available to it under Texas law to
collect delinquent payment of fees by CITY and/or Commercial Unit and Industrial Unit
Customers. The CITY agrees to work with CONTRACTOR to require Customers to comply
with the terms of this Contract.
XXI.
Transferability of Agreement
Other than by operation of law, no assignment of'this Contract or any right accruing
under this Contract shall be made in whole or in part by the CONTRACTOR without the express
written consent of the CITY, which consent shall not be unreasonably withheld. Upon the
assignment,the assignee shall assume, and CONTRACTOR shall be released from,the liabilities
and obligations of the CONTRACTOR hereunder;provided,however,notwithstanding anything
contained herein to the contrary, CONTRACTOR shall have the right to assign this Contract
(without the CITY'S consent), (i) to an affiliate of CONTRACTOR, as to all or a portion of this
Contract, or(ii)with the CITY'S consent,which consent will not be unreasonably withheld,to a
third party that assumes CONTRACTOR'S obligations hereunder, and acquires (a) substantially
all solid waste collection and transportation assets of' CONTRACTOR utilized by
CONTRACTOR in connection with CONTRACTOR'S performance of its obligations
hereunder, (b) the solid waste collection and transportation operating division of
CONTRACTOR performing CONTRACTOR'S services hereunder, or (c) CONTRACTOR'S
rights in and to this Contract.
XXII.
Non-Appropriation;Acknowledgment By City
——--CITYhereliy agrees and acknowledges that the non=appiopriation provisions set forth-in
the Texas Constitution and Local Government Code are not applicable to this Contract due to the
nature of the services rendered by CONTRACTOR hereunder, and the CITY will not use such
statute as a defense to payment hereunder. The CITY and CONTRACTOR acknowledge that
this contract is subject to the provisions of Chapter 271 of the Texas Local Government Code.
Accordingly, both parties agree that, subject to the provision of Chapter 271, governmental or
sovereign immunity is not a defense to suit to enforce the terms of this Contract, and that the
provisions of Chapter 271 of the Local Government Code are incorporated in this Contract by
this reference.
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XXIII,
Storm Debris
CONTRACTOR and CITY understand and agree that in the event of a hurricane,
• tornado, major storm, natural disaster, or any other unusual natural occurrence (a "Storm
Event"), CONTRACTOR shall have no obligation under this Contract to collect any storm debris
resulting therefrom, including, but not limited to, Brush or any other Waste resulting from or
generated by such Storm Event. The parties agree that evidence of the occurrence of a Storm
Event shall be accumulations of Brush or other Waste in all or a portion of the CITY after such
event which are in excess of the amounts generally and routinely generated within the CITY and
collected by CONTRACTOR.
XXIV.
Applicable Law;Venue
This Contract is a contract made under and shall be construed in accordance with and
governed by the laws of the United States of America and the State of Texas, and any action
concerning this Contract shall be brought in the Texas State District Courts of Brazoria County,
Texas.
IN WITNESS WHEREOF,this Contract has been executed as of the date set forth above.
CONTRA► OR:
WASTE Op. �'' NT OF TEXAS,INC.
ll k pi
41 1
By:_
Its: k . L. Itil,
-CITY-OF-PE•Ili
• D; E - --- - -.. .. . _ . .
By:,
Its: •C . ifG A Iv e+r---- -
•
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