Loading...
HomeMy WebLinkAboutContract 32334 CITY SECRETARY ONTRACT NO. STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTIES OF TARRANT, DENTON § AND WISE § SECOND AMENDMENT TO THE CONTRACT FOR COLLECTION OF RESIDENTIAL GARBAGE,REFUSE AND SMALL BULKY WASTE, RECYCLABLES, CERTAIN COMMERCIAL SOLID WASTE,YARD WASTE, C&D AND LARGE BRUSH AND LARGE BULKY WASTE This "SECOND AMENDMENT TO THE CONTRACT FOR COLLECTION OF RESIDENTIAL GARBAGE, REFUSE AND SMALL BULKY WASTE, RECYCLABLES, CERTAIN COMMERCIAL SOLID WASTE, YARD WASTE, C&D AND LARGE BRUSH ND LARGE BULKY WASTE" (this "Amendment") is entered into as of the day of 2005, by and between THE CITY OF FORT WORTH, TEXAS, a home rule munici al corporation in Tarrant County, Texas, acting herein by and through its Assistant City Manager, Libby Watson ("City") and WASTE MANAGEMENT OF TEXAS, INC., a Texas corporation, acting by and through its duly authorized representative ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor have heretofore entered into a certain "CONTRACT FOR COLLECTION OF RESIDENTIAL GARBAGE, REFUSE AND SMALL BULKY WASTE, RECYCLABLES, CERTAIN COMMERCIAL SOLID WASTE, YARD WASTE, C&D AND LARGE BRUSH AND LARGE BULKY WASTE" (the "Contract"), dated January 8, 2003, for Contractor's exclusive collection of residential Garbage, Refuse and Small Bulky Waste, Recyclables, and certain Commercial Solid Waste, Yard Waste, C&D and Large Brush and Large Bulky Waste within the City, pursuant to the terms of that certain RFP 02-0087, issued by the City(the"RFP"); and WHEREAS, the City and Contractor agreed to and executed the "FIRST AMENDMENT TO THE CONTRACT FOR COLLECTION OF RESIDENTIAL GARBAGE, REFUSE AND SMALL BULKY WASTE, RECYCLABLES, CERTAIN COMMERCIAL SOLID WASTE, YARD WASTE, C&D AND LARGE BRUSH AND LARGE BULKY WASTE" (the "First Amendment"), dated August 30, 2004, to amend the Contract to (i) revise the procedures for Contractor's collection of Yard Waste, Brush and Bulky Items, and (ii) otherwise amend the Contract, as more particularly set forth in the First Amendment; and WHEREAS, the First Amendment requires the Contractor to collect up to one hundred and fifty(150)Pay Piles per Working Day upon proper notice by the City; and WHEREAS, six (6) months after the Effective Date of the First Amendment and upon mutual agreement, the City and Contractor had the option to reduce the number of Pay Piles which Contractor is obligated to collect per Working Day based on historical data; a SECOND AMENDMENT TO CONTRACT CRL 08.15.05 Page 1, � �'� WHEREAS, the parties did not agree to reduce the number of Pay Piles to be collected at that time; and WHEREAS, on July 7, 2005, Contractor made a written request to the City to reduce the number of Pay Piles to be collected from one hundred and fifty(150) Pay Piles per Working Day to thirty(30) Pay Piles per Working Day; and WHEREAS, Section 4.e.iii of the First Amendment called for a mandatory reduction of the number of Pay Piles to be collected by Contractor after the initial twelve (12) months from the Effective Date of the First Amendment, if the historical data from the initial twelve (12) months warranted such a reduction and the finding was mutually agreed upon by both the City and Contractor; and WHEREAS, the Department of Environmental Management has reviewed the historical data regarding the collection of Pay Piles and agrees with the Contractor's finding that the required Pay Piles collection by Contractor should be reduced from one hundred and fifty (150) to thirty(30)Pay Piles per Working Day; and WHEREAS, although the City recognizes that the initial twelve (12) months have not yet expired since the Effective Date of the First Amendment, staff recommends reducing the number of Pay Piles as described herein, at this time. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties hereto agree as follows: 1. Pay Piles and Non-Compliant Piles. Pursuant to Section 4.e.iii, Section 4.e and 4.e.ii shall be amended to reduce the number of Pay Piles to be collected by Contractor from one hundred and fifty(150) to thirty(30)per Working Day, as follows: e. Contractor shall collect up to thirty (30) Pay Piles per Working Day within seven (7) Days after notification from the City through the City's Customer Service Electronic Tracking System and thereafter the City shall have the absolute right to collect or contract to collect Pay Piles and/or Non Compliant Piles as set forth below. i) Pay Piles collected pursuant to this Section 4 shall be collected by Contractor at a rate of Forty-Five Dollars ($45.00) for up to five (5) cubic yards, and Forty-Five Dollars ($45.00) for each subsequent five (5) cubic yards, or portion thereof, collected by Contractor. The City and Contractor shall work together to route collection of such piles in a reasonable and efficient manner. ii) Through the City's Customer Service Electronic Tracking System, the City shall deliver to Contractor no more than thirty (30) work orders per Working Day for Pay Piles and Contractor shall have the exclusive right to collect such piles. Contractor shall not be obligated to receive more than thirty (30) Pay Pile; work orders per Working SECOND AMENDMENT TO CONTRACT CRL 08.15.05 P ige 2 Day or to collect any piles in excess of the thirty (30) per Working Day limitation and the City shall have the absolute right to use its own equipment or to hire any third party contractor to collect any such additional piles or any other Non-Compliant Piles. iii) Six (6) months from the Effective Date of this Amendment, Contractor and City may, upon written mutual agreement, reduce the number of Pay Pile orders Contractor is obligated to receive per Working Day based on historical experience as to the number of Pay Pile notifications received in the previous six (6) months. Regardless of whether any reduction is taken after six (6) months, twelve (12) months after the Effective Date of this Amendment, and yearly thereafter, Contractor and City shall reduce or increase the number of Pay Pile orders Contractor is obligated to receive, if historical experience as to the number of Pay Pile notifications received in the previous year warrants such a reduction or increase and such finding is mutually agreed upon by written amendment to this Contract. If the parties cannot agree to reduce or increase the number of Pay Piles, the parties shall submit the issue to Arbitration pursuant to Section 18 of this Amendment. 2. Standard Operatin! Procedure. The Standard Operating Procedure for collection of Pay Piles and Non-Compliant Piles shall be amended to reflect the reduction of the number of Pay Piles required to be collected by the Contractor from one hundred and fifty(150) Pay Piles per Working Day to thirty (30)Pay Piles per Working Day, as shown in attachment"A"to this Second Amendment. 3. Effective Date. This Second Amendment shall become effective upon full and complete signature by both parties. 4. Satisfaction of Obli!ation The reduction of Pay Piles to be collected by Contractor required by Section 4.e.iii. and described herein, shall satisfy the City's obligation to reduce the number of Pay Piles for the initial twelve (12) months after the Effective Date of the First Amendment. 5. Miscellaneous. Nothing contained herein shall be deemed to amend or modify the Contract, except as expressly set forth herein. Any defined term used herein, but not defined herein, shall have that meaning set forth in the Contract. fc, r ;o Cy o 1 SECOND AMENDMENT TO CONTRACT p, v�:U W o V ,o CRL 08.15.05 Page 3 IN WITNESS WHEREOF, this Second Amendment has been executed on 2005. CONTRACTOR: WASTE/ NA TET OF TEXAS, INC. By: Its: Al CITY: CITY ORT WORTH,TEXAS Libby Watson Assistant City Manager Date Signed: �� /0 - r ATTEST: .1 Contraat Au thorization Marty Hendrix Date City Secretary APPROVED AS TO FORM AND LEGALITY: R. Christa k Lopez Assistant City Attorney C rJl err SECOND AMENDMENT TO CONTRACT a CRL 08.15.05 Page 4 ATTACHMENT A TO SECOND AMENDMENT REVISED STANDARD OPERATING PROCEDURES Part Three PAY PILES AND NON-COMPLIANT PILES THE FOLLOWING SHALL BE THE STANDARD OPERATING PROCEDURES (SOP) BETWEEN THE CITY AND THE CONTRACTOR PURSUANT TO THE LANGUAGE IN THE AMENDMENT AND THE CONTRACT. HOWEVER, NOTHING CONTAINED WITHIN THIS SOP SHALL CONFLICT WITH THE TERMS OF THE AMENDMENT AND THE CONTRACT. IF THERE IS A CONFLICT THEN THE TERMS OF THE AMENDMENT AND THE CONTRACT TERMS SHALL PREVAIL OVER THE TERMS OF THE SOP. A. Out of Cycle City of Fort Worth ("City") Responsibilities 1) A Code Compliance Officer, Code Ranger, Route Specialist or other authorized employee shall identify a Bulky Waste Pile as Out-of-Cycle pursuant to the terms and definitions of the Amendment. 2) City will leave notice of violation with the Service Unit and take photographic evidence of the pile. City may provide Service Unit 48 hours from the date of notification to remove the pile from the curb. 3) Failure of the Service Unit to remove the Out-of-Cycle Bulk Pile may result in the City issuing an electronic work order via e-mail/fax to WM for collection of such piles as a Pay Pile pursuant to Section 4 of the Amendment. 4) City shall have the absolute right to audit WM's collection of Out-of Cycle Bulk Piles. Waste Management('WM") Responsibilities 1) WM shall accept work orders as set forth in the Amendment, if the 30-Pay Pile per Working Day cap has not otherwise been reached. 2) If the 30-Pay Pile per Working Day cap has been reached, any additional Pile work orders may be sent to another City contractor or to the City for collection. 3) A City educator shall provide the Service Unit with education material related to the City's Bulky Waste Set Out Periods and policy. B. Contaminated -Garbage Bags in a Bulky Waste or Brush Pile Waste Management MM") Responsibilities: 1) WM shall remove up to two garbage bags per Bulky Waste Pile or Brush Pile at the curb of a Service Unit pursuant to Section 4 of the Amendment and shall then collect the pile as Bulky Waste. 2) WM shall place the removed plastic bags on the curb of the Service Unit. 4 !:J'�:UL 211�a 3) Within 24 hours,WM shall notify the City of the location of the removed bag(s). City of Fort Worth ("City") Responsibilities: 1) A City Code Enforcement Officer, or other person as the City may designate, shall: a. Inspect the site for overage garbage; b. Issue a notice of violation; C. "Bag Tag"garbage for collection; and d. Report"Bag Tag"to Solid Waste. 2) The City's Education Section, or other person as the City may designate, shall inform the Service Unit of the City's garbage and Bulky Waste Set-Out Period and policy. 3) The City Cart Contract Compliance Specialist, or other person as the City may designate, shall: a. Monitor the address for recurrent violations; and b. When possible, upgrade the Service Unit with a larger Refuse Storage Cart. C. Contaminated Piles—Putrescible Waste City of Fort Worth ("City') Responsibilities: 1) Upon notification of a Contaminated Pile, a City Code Compliance Officer, or other person as the City may designate, shall be notified, by the City's Customer Service Center or other City office receiving the initial notification, of the location of the Contaminated Pile. The City Code Enforcement Officer shall: a. Inspect the pile for contamination; b. Issue a notice of violation; and C. Take photographic evidence of the pile and provide it as well as a written estimate of cubic yards. 2) Upon notification of a Contaminated Pile, an electronic work order shall be prepared and sent via e-mail/fax to WM for collection of the Contaminated Pile. 3) When the City receives notice of completed collection, City shall close the work order. 4) City shall have the absolute right to audit WM's collection of Contaminated Piles. Waste Management ('WM") Responsibilities 1) WM shall accept work orders as set forth in the Amendment, if the 30-Pay Pile per Working Day cap has not otherwise been reached. 2) If the 30-Pay Pile per Working Day cap has been reached, any additional work orders may be sent to another City contractor or to the City for collection. 3) A City educator shall provide the Service Unit with education material related to the City's Bulky Waste Set Out Periods and policy. D. Piles Greater than 30 Cubic Yards Waste Management ('WM") Responsibilities: 1) WM shall provide electronic notice to the City of Bulky Waste or Brush Piles larger than 30 cubic yards within 24 hours of pile identification and shall include the address of the Service Unit, location of the pile, description, and estimate of size. WM must leave a notification prepared in advance by the City for the Service Unit detailing that the pile is excessive. When possible, the tag must be left on the front door of the Service Unit. City of Fort Worth ("City") Responsibilities: 1) Upon notification from WM that a Bulky Waste or Brush Pile greater than 30 cubic yards exists in the City limits, the City shall dispatch a Route Specialist to verify that the excessive pile exists at the location and verify the volume. 2) The City may collect such excess pile or contract with WM through another agreement or contract directly with another contractor to collect such pile. � :°'1UIVHIJ YLEYO City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/23/2005 DATE: Tuesday, August 23, 2005 LOG NAME: 52SECONDAMENDPP REFERENCE NO.: C-20920 SUBJECT: Authorization to Execute the Second Amendment to the Contract for the Collection of Residential Garbage, Refuse and Small Bulky Waste, Recyclables, Certain Commercial Solid Waste, Yard Waste, C&D and Large Brush and Large Bulky Waste with Waste Management of Texas, Inc. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the Second Amendment to City Secretary Contract No. 28358 for the Collection of Residential Garbage, Refuse and Small Bulky Waste, Recyclables, certain Commercial Solid Waste, Yard Waste, C&D and Large Brush and Large Bulky Waste with Waste Management of Texas, Inc. DISCUSSION: On August 5, 2004, the City Council authorized the First Amendment to the Contract for the collection of solid waste within the City of Fort Worth (City Secretary Contract No. 30429). The First Amendment implemented several changes to the City's solid waste service plan, including changing the large brush and bulky waste point-to-point on-demand system to a weekly scheduled collection of brush and monthly scheduled collection of bulky waste. Among the various contractual tools to implement this change, the First Amendment required Waste Management to collect up to 150 Pay Piles per Working Day. A Pay Pile is defined by the First Amendment as " a pile which the City notifies the Contractor to collect and that is either (i) an Out-of-Cycle Pile that is less than or equal to 30 cubic yards; or (ii) a Contaminated Pile". After the first six months of the effective date (November 1, 2004) of the First Amendment, the parties had an option to reduce the number of Pay Piles Waste Management is required to collect based on historical data. City staff chose not to recommend the reduction of the number of Pay Piles from 150 at that time. However, on July 7, 2005, the City received a letter from Waste Management requesting the reduction of the required number of Pay Pile collection from 150 to 30 Pay Piles per Working Day. The First Amendment does require that twelve months from the ffective Date, both parties agree to reduce the number of Pay Piles which Waste Management is required to collect by amendment to the Contract, if after reviewing the historical data of the Pay Piles within the City such a reduction is warranted and agreed to by both parties. If no such agreement can be made then the issue would need to be settled by an arbitration proceeding. The Environmental Management Department has reviewed the historical data of the number of Pay Piles since the inception of the program. Data from the City's system shows that there were only three weeks when the average Per Working Day per week exceeded 30 piles. These incidences occurred near the start of the new bulk program and during the spring heavy bulk set out period. The City has contracted with Independent Environmental Services of Texas, Inc. (M&C C-20428, December 14, 2004 City Secretary Contract No. 31398) as a back up measure to collect non-compliant piles that either the individual size exceeds the 30 cubic yard limit or the cumulative average Per Working Day exceeds the required number of piles that Waste Management is required to collect. The change in this service obligation with Waste Management will not change the City's ability to service its customers. Logname: 52SECONDAMENDPP Page 1 of 2 Therefore, it is City staffs recommendation that the City grant Waste Management's request to reduce the number of Pay Piles which Waste Management is required to collect from 150 Pay Piles per Working Day to 30 Pay Piles per Working Day as required by the First Amendment at this date, effective upon the full and complete execution of the Second Amendment to the Contract. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the execution of this Second Amendment will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Brian Boerner (6647) Additional Information Contact: Christa Lopez (8984) Logname: 52SECONDAMENDPP Page 2 of 2