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HomeMy WebLinkAboutContract 30429 CITY SECRETARY CONTRACT NO. STATE OF TEXAS § § KNOWN ALL MEN BY THESE PRESENTS: COUNTIES OF TARRANT,DENTON § AND WISE § 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 This "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" (this "Amendment") is entered into as of the 27th day of August, 2004, by and between THE CITY OF FORT WORTH, TEXAS, a home rule municipal corporation in Tarrant County, Texas, acting herein by and through its Assistant City Manager, Charles Boswell ("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" (tine "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 parties desire 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 below. 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. Definitions. In this Amendment, the following words and phrases shall be defined as follows: a. Acceptable Commercial Pile — A Commercial Pile (i) being a Brush Pile produced by a Commercial Service Provider hired by the Resident or FIRST AMENDMENT TO CONTRACT 2i' °U. ,, e 1 owner/agent of a Service Unit, generated and located at that Service Unit, and (ii)not constituting a Non-Compliant Pile. b. Bag Tag — A tag acquired by the Service Unit from the City, to be prominently placed on bags which are outside the Service Unit's Refuse Storage Cart; provided, however, the City may elect to sell to the Residents specially colored bags to be utilized by the Resident for disposal of Garbage and Refuse and placed outside the Service Unit's Refuse Storage Cart, in which case,the term"Bag Tag" shall refer to such specially colored bag. c. Base Rate—The monthly rate that is charged pursuant to Attachment A to the Contract to each (i) single family or multi-family Service Unit pursuant to Section La. of Attachment A, (ii) elective Disabled Carryout Service Unit, or (iii) Elective Carryout Service Unit (non-disabled), as adjusted pursuant to Attachment C of the Contract and this Amendment. d. Brush — Shrub limbs, tree limbs (up to four (4) inches in diameter), tree trimmings resulting from landscape maintenance and cleaning operations (other than an Unacceptable Commercial Pile), and untreated lumber (essentially free of hardware and nails, provided untreated lumber with hardware and nails can be collected without harm to Contractor's employees), not exceeding eight (8) feet in length, and not including Bulky Items. e. Brush Pile—A waste pile consisting only of Brush. f. Bulk Collection Day—The Day a Bulky Waste Pile is actually collected from a given Service Unit, which Day shall fall (and may vary) within a Service Unit's Bulk Collection Week as established by the City and Contractor. g. Bulk Collection Week — The week in which a Service Unit shall have its Bulky Waste Pile collected, as established by Contractor and the City. Such week shall begin Monday at seven (7) a.m. and shall end on Saturday at five (5)p-m. h. Bulky Items — Furniture, Treated Wood, up to ten (10) cubic yards of construction materials generated by a Resident (and not by a Commercial Service Provider) as a result of a household project, mattresses and box springs, carpet, swing sets, plastic swimming pools, small and large toys, bicycles, fish aquariums, toilets, household appliances, electronic equipment, and other similar items, open cardboard boxes only containing materials permitted to be disposed of at a Type IV landfill, White Goods (CFC-Free), large branches (being branches in excess of four (4) inches in diameter), tree trunks, root balls; provided, all such materials must be permitted to be disposed of in a Type IV landfill. i. Bulky Waste Pile—A waste pile which contains Bulky Items. C;'J,i i _l 17, FIRST AMENDMENT TO CONTRACT Page 2 j. Bundled Yard Waste — Brush that is cut, bundled and tied, with no limbs exceeding four inches (4") in diameter, and four feet (4') in length and such bundle not exceeding forty(40)pounds, but not including Bulky Items. k. Collection Day—The date of collection for a given Service Unit. 1. Commercial Pile — A waste pile generated by a Commercial Service Provider. m. Commercial Service Provider — A commercial business enterprise or commercial service provider. n. Contaminated Pile—A Brush Pile or Bulky Waste Pile containing thirty (30) cubic yards or less of waste, and containing (i) waste not permitted to be disposed of at the Type IV landfill designated by the City, (ii) plastic bags, including, but not limited to, plastic bags containing putrescibles, or (iii) closed boxes; provided, in no event shall Contractor be obligated to collect (a) rock, (b) tires, (c) Unacceptable Waste, or (d) any other waste stream expressly excluded from collection pursuant to the Contract or by Applicable Law. o. Kraft Bag — A biodegradable, multi-layer paper collection bag specifically designed for Yard Waste. p. Missed Pickup — Contractor's failure to collect Garbage and Refuse, Recyclables, Brush Piles, or Bulky Waste Piles, as described in the Contract, as hereby amended, on a Service Unit's Collection Day, or as otherwise described herein. q. Non-Compliant Pile —A pile which is (i) a pile in excess of thirty (30) cubic yards of material, (ii) an Unacceptable Commercial Pile, (iii) an Out-of-Cycle Bulk Pile, (iv) an illegally dumped pile, or(v) a Contaminated Pile. r. Out-of-Cycle Bulk Pile — A Bulky Waste Pile that is placed curbside of a Service Unit on a Day and/or time that does not fall within such Service Unit's Set-Out Period or, if the City has certified the route as complete, such Service Unit's Bulk Collection Week. s. Pay Pile — A pile which the City notifies Contractor to collect and that is either: (i) an Out-of-Cycle Bulk Pile that is less than or equal to thirty (30) cubic yards; or(ii) a Contaminated Pile. t. Resident or Residents—A resident(s) of a Service Unit(s). u. Set-Out Period — A specific Day and time established by the City during which the City requires Service Units to place their Brush and Bulky Items out on the curb for collection and which ends prior to the arrival of FIRST AMENDMENT TO CONTRACT Page 3 i Contractor's truck for a particular Service Unit's Brush and Bulky Waste collection route. v. Storm Event — A weather related event, including, but not limited to, flood, thunderstorm, wield storm, ice storm and lightning storm, affecting the City and causing generation of greater than normal Brush Piles, taking into account the time of year and season, but not including weather which (i) is reasonably anticipated for the geographic area, and (ii) does not significantly increase volumes of Brush and/or Bulky Items, taking into account the time of year. w. Unacceptable Commercial Pile — Any Commercial Pile that is not an Acceptable Commercial Pile. x. Unacceptable Waste — (i) Any and all waste,including, but not limited to, Hazardous Waste, special waste, Medical Waste and friable asbestos, the acceptance and handling of which by Contractor would cause a violation of any permit condition, legal or regulatory requirement, damage to Contractor's equipment or facilities (other than damage caused by Contractor's improper use of its equipment), or present a danger to the health or safety of the public or Contractor's employees, (ii) rock, (iii) tires, (iv) roofing material, and (v) construction debris (except for construction debris constituting Bulky Items). y. Yard Waste — Leaves, yard trimmings, yard and garden debris, and Brush, but not including Bulky Items. z. Yard Waste Cart — A green waste cart purchased by Resident from the City for Yard Waste storage prior to its collection. Also, in this Amendment, the following term shall be amended as it is in the Contract and shall be defined as follows: Working Day shall mean Monday through Friday and holidays, except New Year's Day, Thanksgiving Day and Christmas Day for the collection of the Refuse Storage Carts, Recyclable Storage Carts, Yard Waste, Bundled Yard Waste and Brush. Working Day shall mean Monday through Saturday and holidays, except New Year's Day, Thanksgiving Day and Christmas Day for the collection of Missed Pickups,Bulky Waste Piles and Pay Piles. 2. Enhanced Weekly Yard Waste Collection Service. Notwithstanding anything contained in the Contract to the contrary, and in lieu of the provisions of Section 2.A.6 of the Contract, and related provisions contained in the Contract, subject to the procedures set forth in Section 7 below, Contractor agrees to provide Yard Waste Collection Services once per week on the Collection Day as follows: a. Contractor shall collect an unlimited amount of Yard Waste placed curbside by Residents contained in (i) Kraft Bags, and (ii) Yard Waste Carts or Contractor-owned Yard Waste carts; provided, Contractor may, at_such time FIR ST AMENDMENT TO CONTRACT Pa e 4'r t ,.. I i I i i as is agreeable to the City and with at least thirty (30) Days' written notice, remove such Contractor-owned Yard Waste carts. There shall be no limit as to the quantity of Kraft Bags or Yard Waste Carts to be collected by Contractor at each Service Unit. Yard Waste contained in any other types of bags or containers, including plastic bags, shall not be collected as Yard Waste. Uncontained leaves or yard triminings shall not be collected as Yard Waste. b. Contractor shall collect an unlimited amount of Bundled Yard Waste placed curbside of a Service Unit. c. Additionally, Contractor shall collect up to thirty (30) cubic yards of Brush, which may be unbundled. Such Brush shall be collected by Contractor as follows: i. If a Brush Pile is three (3) cubic yards or less, Contactor shall collect the entire Brush Pile on the Collection Day. ii. If a Brush Pile is greater than three (3) cubic yards, but less than or equal to thirty (30) cubic yards, then Contactor shall collect three (3) cubic yards of such Brush Pile on the scheduled Collection Day, and shall collect the remainder of such Brush Pile within seventy-two (72) hours (excluding Sundays) of the Collection Day. Contractor shall generate and deliver to the City, within twenty-four (24) hours of the Collection Day, a list of those Service Units with Brush Piles in excess of three (3) cubic yards. iii. If a Brush Pile exceeds ten (10) cubic yards, but is less than or equal to thirty (30) cubic yards, Contractor shall be entitled to charge the City Fifty Dollars ($50.00) for each five (5) cubic yards, or a portion thereof, in excess of ten (10) cubic yards. Contractor shall provide the City with photographic evidence that such pile exceeds ten (10) cubic yards. In addition, Contractor shall use reasonable efforts to leave written notice, on a form provided by the City, at the Service Unit that such Service Unit will be assessed a charge for collection of such pile unless Contractor cannot reasonably obtain access to the Service Unit, or doing so would place Contractor in danger of bodily harm, or if the Resident at the Service Unit verbally or physically threatens Contractor with bodily harm. Contractor shall be deemed to have used reasonable efforts, taking into account the surrounding circumstances, if Contractor affixes a notice to the front door of the Service Unit, regardless of whether the notice is removed, by the force of nature or otherwise, prior to being seen by the Resident(s) at the Service Unit. FIRST AMENDMENT TO CONTRACT Pag 5?!' r.. ir' iv. If a Brush Pile exceeds thirty (30) cubic yards, such pile shall be a Non-Compliant Pile, and shall be subject to the provisions of Section 4 below. V. If a Brush Pile contains Bulky Items and the Bulky Items cannot be reasonably separated by Contractor from the Brush then the entire pile shall be collected as a Bulky Waste Pile. 3. Monthly Bulky Waste Collection Service. In lieu of the provisions in the Contract relating to the collection of Small and Large Bulky Waste, and subject to the procedures set forth in Section 7 below, each Service Unit shall receive one Bulky Waste Pile collection per month on such Service Unit's Bulk Collection Day, as follows: a. Each Resident shall be entitled to place curbside, and Contractor shall collect, up to thirty (30) cubic yards of Bulky Items per montlAy collection on the Bulk Collection Day. b. If a Bulky Waste Pile exceeds ten (10) cubic yards, but is less than or equal to thirty (30) cubic yards, Contractor shall be entitled to charge the City Fifty Dollars ($50.00) for each five (5) cubic yards, or a portion thereof, in excess of ten (10) cubic yards. Contractor shall provide the City with photographic evidence that such pile exceeds ten (10) cubic yards. In addition, Contractor shall use reasonable efforts to leave written notice, on a form provided by the City, at the Service Unit that such Service Unit will be assessed a charge for collection of such pile unless Contractor cannot reasonably obtain access to the Service Unit, or doing so would place Contractor in danger of bodily harm, or if the Resident at the Service Unit verbally or physically threatens Contractor with bodily harm. Contractor shall be deemed to have used reasonable efforts, taking into account the surrounding circumstances, if Contractor affixes a notice to the front door of the Service Unit, regardless of whether the notice is removed, by the force of nature or otherwise, prior to being seen by the Resident(s) at the Service Unit. Bulky Waste Pile collection shall begin by the Contractor no earlier than.seven (7) a.m. on the Monday of that Bulk Collection Week and Contractor shall have completed collection of the Bulky Waste Piles in that designated Bulky Waste Pile collection route no later than five (5) p.m. on that Saturday of the Bulk Collection Week. Contractor shall perform daily Bulk Waste collection from the Service Units between the hours of seven (7) a.m. and seven (7) p.m. Monday through Friday and seven(7) a.m. and five (5)p.m. on Saturdays. c. If a Bulky Waste Pile exceeds thirty (30) cubic yards, such pile shall be a Non-Compliant Pile, and shall be subject to the provisions of Section 4 below. d. The City and Contractor shall work together to establish collection routes for the monthly Bulky Waste Pile collection, which routes shall be attached as Attachment F. Any major change to the Bulky Waste Pile collection routes FIRST AMENDMENT TO CONTRACT Page 6 I I i must be made in writing and filed as an amendment to the Contract with the City Secretary. Routes shall be balanced in volume and geographic area and be of such size as to allow collection of such Bulky Waste Piles by the Contractor according to the terins of tlus Amendment and to allow the City to verify compliance of Contractor's performance according to the terms of this Amendment in a timely manner. 4. Pay Piles and Non-Compliant Piles. a. Subject to the exceptions set forth in this Section 4, Contractor shall not collect, and shall have no obligation to collect,Non-Compliant Piles. b. Contractor shall promptly notify the City of any Contaminated Piles Contractor encounters on the Bulk Collection Day and refrain from collecting such Contaminated Pile on the Bulk Collection Day until it receives instruction from the City to pick up such Contaminated Pile as a Pay Pile. If the City so instructs, then Contractor shall collect such Contaminated Pile(s) as described in Section 4.e. below. However,the City shall have the absolute right to use its own equipment or hire any third party contractor to collect Contaminated Piles in excess of the limit set forth in Section 4.e. c. Contractor shall collect Acceptable Commercial Piles on the Collection Day. Contractor shall not be obligated to collect Unacceptable Commercial Piles. Contractor shall notify the City within twenty-four (24) hours when Contractor reasonably believes an Unacceptable Commercial Pile exists curbside at a Service Unit. The City shall assist Contractor in identifying Commercial Service Providers generating Unacceptable Commercial Piles. d. If a Brush Pile or Bulky Waste Pile contains plastic bags, Contractor shall remove (and leave at the Service Unit) up to two (2) plastic bags from such pile if (i) removal would then make such pile non-Contaminated, and (ii) such plastic bags can be easily removed by Contractor using reasonable efforts, taking into account the location of the plastic bags in such pile, and the composition and nature of such pile. Contractor shall have no obligation to collect such plastic bags (unless they have a Bag Tag or are placed in the Refuse Storage Cart, in which case they will be collected with the weekly Garbage service),but shall notify the City of such bags. e. Contractor shall collect up to one hundred fifty (150) 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 FIRST AMENDMENT TO CONTRACT Page 7 I� (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 one hundred fifty (150) 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 one hundred fifty (15 0) Pay Pile work orders per Working Day or to collect any piles iii excess of the 150 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 nuinber 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 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 and such finding is mutually agreed upon by written amendment to this Contract. If the parties cannot agree to reduce the number of Pay Piles, the parties shall submit the issue to Arbitration pursuant to Section 18 of this Amendment. 5. Other Collection Services. a. Contractor's Collection Services pursuant to (i) Section 2.A.2 of the Contract (once-a-week collection of residential Garbage and Refuse), (ii) 2.A.3 of the Contract (once-a-week collection of Recyclables), (iii) Section 2.A.4 of the Contract (collection of Commercial Solid Waste contained in Refuse Storage Carts or Solid Waste Containers), and (iv) Section 2.A.7 of the Contract (collection of waste in aggregate containers and lamppost containers used in special districts in the City), shall remain unchanged. b. Contractor agrees to use commercially reasonable efforts (recognizing that with automated equipment Contractor cannot lift lids to determine what is in Recycling Storage Carts) to determine if, at the time of collection, Recycling Storage Carts contain materials other than Recyclables. Recycling Storage Carts containing materials other than Recyclables, as determined by Contractor pursuant to this Section 5.b., shall be tagged by Contractor, and notification thereof shall be sent to the City through the City's Customer Service Electronic Tracking System on or before the next business Day. FIRST AMENDMENT TO CONTRACT Page 8 I i c. The definition of "Small Bulky Waste," and all references to Small Bulky Waste, contained in the Contract are hereby deleted in their entirety. Items previously constituting Small Bulky Waste shall be collected pursuant to the terms of this Amendment. 6. Revised Base Rate. In consideration of the modifications set forth in this Amendment,the Base Rate, as defined in this Amendment, shall increase by $1.97 per month per Service Unit. The Base Rate shall take effect upon the Effective Date. 7. Effective Date. a. This Amendment shall become effective upon the earlier of (i) ninety (90) Days from the date of execution of this Amendment, or (ii) the date set forth in a written notice from Contractor to City describing the date Contractor shall commence services pursuant to this Amendment, provided that such date shall not be less than ten (10) Days from the date of the notice (the "Effective Date"). Notwithstanding the foregoing, upon execution of this Amendment, Contractor shall begin acquiring additional Vehicles, personnel and equipment necessary to provide the City with the Collection Services described in Sections 2, 3, and 4. Liquidated Damages for Brush and Bulky Waste Collection Services shall not be assessed for a period of thirty (30) Days from the Effective Date. b. Upon execution of this Amendment, the City shall immediately begin to educate Residents of its Solid Waste collection program and the changes to the program as well as its ordinances regarding Garbage, Recyclables, Yard Waste and Bulky Waste, separation procedures and Non-Compliant Piles and incorporate those procedures into a Standard Operating Procedures document adopted in connection with this Amendment (the "SOP") attached to this Contract as Attachment G. Any change to the SOP must be made in writing and filed with the Contract with the City Secretary. The City shall further educate the Residents as to enforcement procedures and penalties and fuies that may occur as a result of a Resident's failure to comply with such ordinances. 8. Additional City Services. There is hereby added to the Contract Sections 3.K and 3.L, which shall read as follows: K. The City shall take all reasonable steps available to verify and confirm the address of any Service Unit that lodges a complaint relating to the Collection Services of Contractor. L. The City shall educate Residents as to set-out dates, separation procedures and Non-Compliant Piles in accordance with the Ordinance and SOP. The City will establish Set-Out Periods that are reasonably specific, fnute periods of time that will end before the scheduled arrival of Contractor's trucks for a particular Service Unit's route, as set forth on kkl J j �� FIRST AMENDMENT TO CONTRACT ,: Page;9^:,I i the routing schedule in Attachment F hereto, as amended from time to time by City and Contractor. 9. Vacant Lots, Vacant Houses. Contractor agrees to collect Brush Piles and Bulky Waste Piles located at the curb of vacant lots or vacant houses during and on Contractor's regular monthly Bulky Waste Pile collection route, subject to the fees set forth in 2(c)(iii) and 3(b) above for piles which are greater than ten (10) cubic yards. Piles greater than thirty (30) cubic yards and Commercial Piles at vacant lots or vacant houses will not be collected by Contractor. Contaminated Piles encountered at vacant lots or vacant houses shall be handled in accordance with the provisions of Section 4 above and subject to the limitations therein. Contractor shall provide the City with photographic evidence that such excess piles, Commercial Piles and Contaminated Piles exist. 10. Holidays. The Contract is hereby amended to provide that Contractor shall not be obligated to render services hereunder on New Year's Day, Thanksgiving Day and Christmas Day; provided, however, during the calendar week of each of these holidays, Contractor agrees to revise the Collection Day so that all Service Uiuts receive their weekly collections during such holiday week. In addition, on the Collection Day following the above listed holidays, Contractor shall collect up to one-half('/2) cubic yard of Garbage outside of the Refuse Storage Carts at no additional cost, provided such Garbage is bagged (not exclusive to Bag Tags) and/or boxed. Furthermore, this size limitation shall not apply to Bag Tags placed at the curb on a Holiday. 11. Additional Refuse Storage Carts. a. The third sentence of Section 5.C.1 (i) of the Contract shall be amended to read as follows: "Only if two 96-gallon Refuse Storage Carts are being utilized by a Service Unit shall the Contractor have an obligation to collect Garbage and Refuse that is placed outside of the Refuse Storage Carts (such materials to be no more than one-half (1/2) cubic yard of Garbage and Refuse, bagged and weighing not more than forty (40) pounds,), unless the Service Unit has obtained a Bag Tag." b. Contractor shall receive an additional $2.56 per month per additional City- approved Refuse Storage Cart at a Residential Service Unit. 12. Bag Tags. Contractor agrees to collect bags placed curbside by a Service Unit, provided such bags display a Bag Tag. Contractor shall receive $1.25 for each such Bag Tag disbursed either to a Resident or the City (regardless of whether or not such Bag Tag is actually used by a Resident). The City shall remit to Contractor such Bag Tag fees in the month following the City's sale of such Bag Tag. 13. Vehicle Age and Identification. Notwithstanding the provisions of Section 10 of the Contract, for a period of five (5) years from the Effective Date, additional Vehicles providing the Collection Services described in Sections 2 and 3 above may exceed ten (10) years of age; provided, all such Vehicles must otherwise comply with the Vehicle requirements set forth in the Contract, including, but not limited to, such Vehicles being maintained in a satisfactory,safe and._.__. 6; FIRST AMENDMENT TO CONTRACT Page 1 i I efficient working condition in accordance with the manufacturer's specifications and/or recommendations. In addition, the City aclalowledges that Contractor's subcontractors may utilize their own equipment to provide subcontractor services to Contractor in comzection with the Contract and that such equipment may display such subcontractor's name on its Vehicles, in lieu of Contractor's name. 14. Storm Events. In the event there shall be a Storm Event generating storm debris in the City, Contractor agrees, if requested by the City,to locate third-party contractors known as Storm Chasers for the cleanup of such storm debris. At the City's direction, Contractor will either (a) facilitate an arrangement directly between the Storm Chasers and the City (without acting as an intermediary), or (b) act as an intermediary between the City and the Storm Chaser crews by contracting with the Storm Chasers, who will be directed by the City in the cleanup effort. If the City opts to engage Contractor as an intermediary for the Stonn Event, Contractor will charge the City Contractor's cost for the Storin Chasers, without markup, plus an administrative fee to be paid to Contractor. Contractor and the City agree that Contractor does not have exclusive right, nor the obligation,to clean up stonn debris generated by a Storm Event. 15. Missed Pickups. a. The City hereby agrees that Contractor shall not be liable to the City for liquidated damages, or shall not otherwise be deemed in default of the Contract (or having caused an event which, with the giving of notice, would constitute an event of default) for a Missed Pickup if such Missed Pickup is caused by a Resident who fails to timely set out its Refuse Storage Cart, Yard Waste Cart, Contractor-owned Yard Waste cart, Brush Pile or Bulky Waste Pile, fails to bring such waste to the curb, or places Garbage or Refuse outside the Refuse Storage Cart which does not have a Bag Tag at the time of collection, or places a pile in excess of thirty (30) cubic yards, an Unacceptable Commercial Pile, a Contaminated Pile (unless within the 150- pile per Working Day limitation) or an illegally dumped Pile on the curb for collection. The City and Contractor agree to work together to verify the Missed Pickups and to identify the Service Units in violation of set-out requirements. The City shall take the appropriate measures to educate and enforce against violations of any ordinance and regulations relating to such Missed Pick-ups described above. b. If Contractor is notified of a Missed Pickup prior to the close of business of City's call center on a Friday (7:30 pm), then Contractor shall collect such Missed Pickup by the close of business the following Saturday. If Contractor is notified of a Missed Pickup prior to the close of business of City's call center on a Saturday (4:00 pm), then Contractor shall collect such Missed Pickup by the close of business the following Monday. 16. Yard Waste and Bulky Waste Service -- Liquidated Damages. Section 18(9) and 18(11) of the Contract are hereby deleted in their entirety, and the following are inserted in lieu thereof- r FIRST AMENDMENT TO CONTRACT 'S Rage I I t I (9) Failure to collect Yard Waste and Bulky Items as required by Sections 2 and 3 of this Amendment, within twenty-four (24) hours, excluding non-Working Days and hours, of the City's notification of a Missed Pickup: fifty dollars ($50.00) per Day per Service Unit until such service is completed. (11) Failure to notify City of Bulky Waste Piles in excess of thirty (30) cubic yards; Contaminated Piles; Unacceptable Commercial Piles; plastic bags in Brush or Bulky Waste Piles; or Recyclables Storage Carts containing materials other than Recyclables, in accordance with the applicable provisions of the Contract and this .Amendment and/or failure to leave written notice at the Service Unit in accordance with Sections 2.c (iii) and 3.b of this Amendment: fifty dollars ($50.00) per Day per Service Unit until the City is notified. The following additional provisions are hereby added to Section 18 of the Contract: (12) Failure to collect Pay Piles as required by Section 4 of this Amendment, within seven (7) Days after notification by the City: fifty dollars ($50.00) per Day per Service Unit until such service is completed. (13) Failure to complete Bulky Waste routes by five (5) p.m. of the Bulk Collection Week as described in Attachment F: two hundred fifty dollars ($250.00) per incomplete Bulk Collection Week route. Contractor shall be deemed to have completed collection if Contractor notifies City by three (3) p.m. Saturday that a route is nearing completion and further notifies City by five (5) p.m. on that same Saturday that the route has been completed. Liquidated damages shall not be assessed under this paragraph unless City has certified a route within twenty-four (24) hours after Contractor provides the notification that the route has been completed. 17. Service Change. a. Subsequent to the Effective Date of this Amendment, the City shall have the exclusive option for one (1) Service Change to increase the frequency of Bulky Waste Collection Service from monthly to weekly, provided that such option is exercised no sooner than three (3) months following the Effective Date of this Amendment and no later than the first (1st) anniversary date of this Amendment. The City shall exercise its option by giving written notice to Contractor that it desires to increase the frequency of Bulky Waste Collection Service. If the City exercises its option, the new weekly Bulky Waste Collection Service shall go into effect ninety (90) Days after the date notice is received("Service Change Date"). b. If the City exercises its option to increase the Bulky Waste Collection Service from monthly to weekly, the new Base Rate shall be increased by twenty- four (24) cents per month per Service Unit, which shall be an additional $2.21 per Service Unit per month over the Base Rate as it was on the date of execution of this Amendment to include any cost adjustment pursuant to Attachment C of the Contract to the Base Rate for Collection Services ,_._ ___�......._ __,1 : ��, �,h ^r,F•- "' a n� 21.., ..'.'..J FIRST AMENDMENT TO CONTRACT �rg �12' i I perforined up until the date of the Service Change, and shall be effective on the Service Change Date. For example, if the Base Rate as of the date of execution of this.Amendment were $1.00,the Base Rate would become $2.97 on the Effective Date ($1.00 + 1.97). The $2.97 rate would then be subject to adjustment pursuant to Attachment C of the Contract on the next adjustment date. If City opted for a Service Change, Contractor would roll back any cost adjustment on the $1.00 and add $2.21 to the adjusted $2.97, as it was previously adjusted pursuant to Attachment C. Subsequent adjustments to the new Base Rate would be calculated in accordance with the Cost Adjustment Method set forth in the Contract. 18. Arbitration. The parties shall endeavor to settle all disputes arising out of or relating to this Contract by amicable negotiations. If such negotiations fail, any controversy or claim arising out of or relating to this Contract from the Effective Date of this Amendment, shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules [including the optional rules for emergency measures of protection] and judgment on the award may be rendered by the arbitrators and entered in any court having jurisdiction thereof. The procedure for initiation and conduct of the binding arbitration will be as follows: a. The arbitration may be commenced by either the City or the Contractor by the service of a written request for arbitration ("Request for Arbitration") upon the other parry. The Request for Arbitration shall summarize the controversy and claims to be arbitrated. b. The arbitration shall be heard in Tarrant County, Texas before an arbitration panel comprised of three (3)neutral arbitrators. Upon initiation of a Request for Arbitration by either party hereto, each party, within fifteen (15) Days of the date of the Request for Arbitration, shall select a neutral arbitrator. The arbitrators selected by the claimant and respondent shall, within ten (10) Days of their appointment, select a third neutral arbitrator. In the event the two (2) arbitrators are unable to agree upon a third neutral arbitrator, then the American Arbitration Association ("AAA") shall appoint the third neutral arbitrator. Prior to commencement of hearings, each of the arbitrators appointed shall provide an undertaking of impartiality. In determining the appropriate background of the third neutral arbitrator, the first two (2) neutral arbitrators shall give due consideration to the issues to be resolved. Notwithstanding the foregoing, in no event shall the third neutral arbitrator be a resident of the City of Fort Worth, Texas. C. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. d. Both parties may allow their clients, representatives, witnesses, consultants and agents to participate and observe the Arbitration FIRST AMENDMENT TO CONTRACT ( i i i proceedings without compromising any attorney/client or confidentiality privileges or rules of evidence otherwise applicable. However, no other third party may participate or observe an Arbitration proceeding. I e. It is the intention of both the City and the Contractor that this subsection is consistent with the American Arbitration Act contained in 9 U.S.C. § I et seq., because the Contract between the City and the Contractor deals with interstate commerce. Therefore, the parties agree that this subsection, in which both the City and the Contractor agree to binding arbitration, may be enforced under the American Arbitration Act. 20. 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 defured herein, shall have that meaning set forth in the Contract. In the event of a conflict between the terms of this Amendment and the Contract,the terms of this Amendment shall control. IN WITNESS WHEREOF, this Amendment has been executed as of the date first set forth above, and, subject to the provisions set forth in Section 7 above, is effective as of the Effective Date. CONTRACTOR: WASTE MANAGEMENT OF TEXAS,INC. By: Its: CITY: CITY OF FORT WORTH,TEXAS Charles Boswell Assistant City Manager Date Signed: � �� ATTEST: Martha Hendrix City Secretary APPROVED AS TO FORM AND LEGALITY: t _ P. Du Assistant Oity Attorney 0 contract AuthgrizatioR LL FIRST AMENDMENT TO CONTRACT i Attachment F-Route Schedule INTENTIONALLY BLANK TO BE FILED AT LEAST TEN (10)DAYS BEFORE THE DATE MONTHLY BULK COLLECTION SERVICE BEGINS I FIRST AMENDMENT TO CONTRACT Page 15:.- r? li '_ j i i Attachment G- SOP DOCUMENTS PART ONE: WEEKLY BRUSH COLLECTION PART TWO: MONTHLY BULK COLLECTION PART THREE: PAY PILES AND NON-COMPLIANT PILES FIRST AMENDMENT TO CONTRACT Page 16= ' I I i STANDARD OPERATING PROCEDURES Part One �I WEEKLY BRUSH COLLECTION 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. WASTE MANAGEMENT("WM") RESPONSIBILITIES: Up to 30 cubic yards of Brush shall be collected from each Service Unit on a weekly basis. Pursuant to the terms of the Amendment, up to 10 cubic yards of Brush shall be collected without any additional cost to the City or the Service Unit. However, collection of Brush in excess of 10 cubic yards shall be charged to the City at the rate of$50 per 5 cubic yard increment or portion thereof. All Kraft Yard Waste bags and Yard Waste Carts, and all Yard Waste that is tied and bundled pursuant to the Contract and the Amendment shall be collected on the regularly scheduled collection day. All other Yard Waste shall be collected as follows: 1. WM shall collect Brush Piles at the curb of a Service Unit in excess of 3 cubic yards as follows and in accordance with the Amendment: a. Piles 3 to 10 Cubic Yards i. WM shall collect 3 cubic yards on Collection Day. ii. WM driver shall notify dispatch as to the location and size of the Brush Pile left to be collected within 72 hours. iii. WM shall schedule collection of the remainder of the Brush pile in excess of 3 cubic yards and must perform the collection within 72 hours of the Collection Day (excluding Sunday) pursuant to the terms of the Amendment. b. Piles Greater than 10 Cubic Yards i. WM shall leave notification prepared in advance by the City for the Service Unit detailing the cost of the additional collection to be performed. ii. Within 24 hours,WM shall create a City electronic work order for all piles in excess of 10 cubic yards. WM shall make the determination as to the size of the Brush Pile and its determination shall control, provided that WM has provided the City with photographic evidence in accordance with Section 2c.iii. of the Amendment and the provisions of this SOP. Such photographic evidence shall contain a stick 3 feet in length, which shall appear in the picture adjacent to the pile, either horizontally or vertically, as a reference tool. The City may make periodic audits of such piles prior to their collection. In the event of such audit, if the City and WM do not agree on the size of the pile, such disagreement shall be resolved pursuant to Section 18 of the Amendment. iii. WM shall schedule collection of the Brush Piles greater than 10 cubic yards and must perform the collection within 72 hours of the Collection Day (excluding Sunday). iv. WM shall obtain photographic evidence of the Brush Piles greater than 10 cubic yards at the time of collection. v. WM shall notify the City as to completed collection of Brush Piles greater than 10 cubic yards by updating the City electronic work order and attaching the photographic evidence referred to above, along with details of cubic yards. STANDARD OPERATING PROCEDURES Part Two MONTHLY BULK COLLECTIONS i THE FOLLOWING SHALL BE THE STANDARD OPERATING PROCEDURES BETWEEN THE CITY AND THE CONTRACTOR PURSUANT TO THE j 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. Monday through Friday Waste Management("WW) Responsibilities: 1. Shall provide the City a route sequence for the week. 2. Shall complete all assigned routes. 3. WM shall tag Contaminated Piles or Bulky Waste Piles in excess of 30 cubic yards that are not collected pursuant to the terms of the Amendment and electronically report to the City the Service Unit's address, location of pile, description, and estimate of the size of the pile. The tag must be left on the front door of the Service Unit unless the Contractor cannot reasonably do so under the terms of the Amendment. 4. Pursuant to the terms of the Amendment,WM shall collect up to 30 cubic yards of Bulky Waste at the time the truck arrives at the location. a. All Service Units shall be entitled to set out curbside up to 10 cubic yards per collection week without an additional charge. b. All Bulky Waste Piles in excess of 10 cubic yards shall be collected pursuant to the terms of the Amendment and WM shall be paid at the rate of$50 per 5 cubic yard increments or portion thereof. WM shall make the determination as to the size of the Bulky Waste Pile and its determination shall control, provided that WM has provided the City with photographic evidence in accordance with Section 3.b. of the Amendment and the provisions of this SOP. Such photograph shall contain a stick 3- feet in length which shall appear in the picture adjacent to the pile, either horizontally or vertically, as a reference tool. The City may make periodic audits of such piles prior to their collection. In the event of such audit, if the City and WM do not agree on the size of the pile, such disagreement shall be resolved pursuant to Section 18 of the Amendment. c. WM shall provide photographic evidence of the excess Bulky Waste Pile. Such photographic evidence shall be attached by WM to the City's electronic work order along with a description of the excess cubic yards. d. WM shall leave notification prepared in advance by the City for the Service Unit detailing the violation and the cost associated with the collection of the excess Bulky Waste Pile. The tag must be left on the front door of the Service Unit unless the Contractor cannot reasonably do so under the terms of the Amendment. 5. WM's driver shall notify the appropriate WM supervisor of the completion of the Bulky Waste collection route. 6. WM shall notify the City's Contract Compliance Specialist("CCS") or such other person as the City may designate, via e-mail or fax within 24 hours of route completion and create work orders in the City's electronic work order system. 7. WM shall collect any Missed Pickups reported by the City's CCS within 24 hours pursuant to the Amendment. 8. WM shall notify the City's CCS via e-mail/fax within 24 hours of receipt of the Missed Pickup work order that all reported Missed Pickups have been completed. City of Fort Worth ("City") Responsibilities 1. Within 24 hours of notification from WM that a route has been completed, City shall dispatch a Route Specialist to verify that the route has been completely serviced. Route Specialist will verify non-compliance of all tagged piles and will not include tagged piles on the non-collected monitor list(refer to Non-Compliant SOP). If the route is not verified within 24 hours, the City may not assess liquidated damages for failure to complete a Bulk Collection Week Route. 2. If agreed upon, City may request WM to collect all or some of the Bulky Waste Piles in excess of 30 cubic yards found within the Bulk Collection Week route but WM has no obligation to collect such piles under the terms of this Amendment. 3. City shall use its best efforts to certify each Bulk Waste Collection Week route as complete. 4. Any Bulky Waste Pile that remains uncollected pursuant to the terms of the Amendment, shall become a Missed Pickup and be subject to liquidated damages unless it is a documented non-collectible pile (inaccessible, repeatedly blocked by car, etc.) or otherwise falls within Section 15 of the Amendment. 5. Bulky Waste Piles remaining shall then be Out-of-Cycle Bulk Piles. Saturday Procedure 1. WM shall notify the City CCS via e-mail or fax by 3 p.m. on the Saturday of the Bulk Collection Week route that the route is nearing completion and again by 5 p.m. the Saturday of the Bulk Collection Week route that the route is actually complete. 2. City Route Specialist, or other person as the City may designate, shall use its best efforts to begin checking the Bulk Collection Week routes. 3. On the following Monday of the preceding Bulk Collection Week,WM shall notify the City of all Bulk Collection Week routes completed after 5 p.m. on Saturday. I 4. On or before Monday morning, a City CCS may certify that the Bulk Collection Week routes have been completed by 5 p.m. on Saturday. If the City does not certify the route as complete then liquidated damages for failure to complete the route may not be assessed; however, nothing shall preclude the City from assessing any other valid damage amount pursuant to the Contract as amended. 5. WM shall collect any missed Bulky Waste Pile in the Bulk Waste Collection within 24 hours of notification or as otherwise prescribed in the Amendment. I I 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 150-Pay Pile per Working Day cap has not otherwise been reached. 2) If the 150-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("WM") 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. 3) Within 24 hours,WM shall notify the City of the location of the rernoved•,bag(s),...._.._.,__.._ .,_._._�•.._; ilk ';;: i City of Fort Worth ("City") Responsibilities. 1\ ACd Code may shall: a. Inspect the site for overage garbage; b. Issue a notice ofviolation; 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 Gpeci�|iet. or as Qty may | ' � designate, shall: e. Monitor the address for recurrent violations; and b. When possible, upgrade the Service Unit with a larger Refuse Storage Cart. C. Contaminated Piles —Putmascib|elNuste Responsibilities:City of Fort Worth ("City") 1) Upon notification ofe Contaminated Pile, o 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 o notice of violation; and C. Take photographic evidence of the pile and provide itaa well ooawritten estimate of cubic yards. 2) Upon notification of Contaminated Pi|e, 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 CWM") Responsibilities � 1) WM shall accept work orders as set forth in the Amendment, if the 150-Pay Pile per Working Day cap has not otherwise been reached. 2) If the 150-Pay Pile per Working Day cap has been reached, any additional work orders may be sent to another City contractor orto the City for collection. 3> AQty educator shall provide the Service Unit with education material related to the City's Bulky Waste Set Out Periods and policy. I 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. lT``' . L i QITY SECRETARYf O NTRAC.;T NO. Pi Bulk Routes 1D7 T iD3 C10B 107 Effective ;109 ;,1, •,.• 113"11 ifs ,118 Cf 127 31, 128 1130 943 156 �j 138 � 1 '151 15? 153 ,15� N -At-- E S Freeways City Limits City of Fort Worth ® da Routes Environmental Management ,;; Solid Waste Management ' l�'l ,y;y✓ �iuc.:�':; Ac. November 1, 2004 ___. .. CVStwnw-Cr i'� I CITY SP?,--CRETARY- � �rr 101 is `t 101 ' Mon lF 4 106 1D5 ,D1 4 o� I 11 ® 1 ® 107 405 404 11d' 403 406 ne: r 118 407 40B) 402 �I�) 409 �25 401 415 411 ° 410 159 t 13'�F� 128 133 �. 1130' 143; 156 ':'1 7 �TJ� 132 136 F 415 a.�a 13 �n p47 1 , 151 '152 153 154 � ', 416 417 4ae 447 49 150 432 ase 457 '60 446 ,..- 421 438 453 a + ` 218 .l r r+ 1 219 ai 422 424 425 437 �44z 4as 302 ! p aaa au 423 � � � 440 441 �436� a� 426 426 418 F 434 1• ,„�-����; �;257 3' ! 258 VII 359 J s 357 "� W� "' N l7 26 W E { � ka S Freeways �,�.: 1st Monday Routes 2nd Monday Routes City of Fort Worth 3rd Monday Routes Environmental Management 0 4th Monday Routes Ca� 2r Solid Waste Management y November 19, 2004 0 3 6 9 12 Miles City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 8/5/2004 CONTINUED FROM A PREVIOUS WEEK DATE: Tuesday, July 13, 2004 LOG NAME: 12AMENDWASTEMGM REFERENCE NO.: C-20154 SUBJECT: Authorize Execution of 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 (First Amendment) by and between the City of Fort Worth, Texas, and Waste Management of Texas, Inc. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute the attached 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 Contract) by and between the City of Fort Worth, Texas (City) and Waste Management of Texas, Inc. (WM) ,1 DISCUSSION: On June 29, 2004, the City Council approved a Memorandum of Understanding ("MOU") to change the large brush and bulky waste point-to-point on-demand system to a weekly scheduled collection of brush and bulky waste piles and to outline proposed amendments to City Secretary Contract No. 28358 (M&C G- 14404). This First Amendment was drafted to implement the changes outlined in the MOU. In particular, the First Amendment does the following: ® Amends various sections of the contract to reflect the change of the point-to-point on-demand system to weekly scheduled pick-up of brush and bulky waste; • Defines or amends key terms of the contract; • Requires WM to pick up missed pick-ups of garbage on the next calendar day (excluding Sundays) rather than next working day; • Provides for a bag tag system for excess garbage and waste; • Requires WM to pick-up contaminated piles (unless otherwise agreed to) and compliant piles at vacant lots and vacant homes on and during a collection route; Creates a procedure to deal with storm debris. The new weekly scheduled pick-up for brush and bulky waste will result in a base rate change of $2.21. Upon the effective date, a transition period of 90 days will commence, at the end of which WM shall be required to be fully equipped to service the entire City with weekly collection of brush and bulky waste piles Logname: 12AMENDWASTEMGM Paae 1 of 2 as described in the First Amendment. I 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will increase the monthly sanitation charge on each service unit. TO Fund/AccountlCenters FROM Fund/Account/Centers Submitted for City Manager's Office by-Charles Boswell (6183) Originating Department Head: David Yett (7623) Additional Information Contact: David Yett (7623) Logname: 12AMENDWASTEMGM Paae 2 of 2 Contractual Terms for Councilman Silcox's Amendment EFFECTIVE DATE This Amendment (change in frequency for Brush and Bulky Waste) shall become effective upon the earlier of 1) ninety (90) days from the date of execution of this Amendment, or 2) the date set forth in a written notice from Waste Management to City describing the date Waste Management shall commence services pursuant to this Amendment, provided that such date shall not be less than ten (10) days from the date of the notice (the "Effective Date"). However, Waste Management shall begin supplementing. its existing fleet with additional Vehicles, personnel and equipment necessary to provide the City with the monthly Bulk Waste Collection and enhanced weekly Yard.Waste Collection upon execution of the Amendment. REVISED BASE RATE The Base Rate under the Contract shall increase by $1.97 per month per Service Unit. The Base Rate shall take effect upon the Effective Date (the date monthly service begins). SERVICE CHANGE OPTION The City shall have the exclusive option for a Service Change to amend the frequency of Yard Waste and/or Bulky Waste Collection Service (for the City's own reasons, ie. monthly bulk waste collection does not clean the City) subsequent to the Effective Date of this Amendment, provided that such Service Change occurs after the three (3) months following Effective Date of the Amendment up until the first (1S) anniversary date of the Amendment. If the City exercises its option to increase the Bulky Waste Collection Service from monthly to weekly collection, the new base rate shall be locked in at $2.21 per Service Unit per month for up to a year.