Contract Amendment No. 2 For
Solid Waste and Recycling Services
THIS CONTRACT Amendment is made and entered into between the City of Longview, a Municipal Corporation of Cowlitz County, Washington (hereinafter called “City”), and Waste Control Equipment, Inc., a Washington Corporation (hereinafter called “Contractor”).
W I T N E S S E T H: WHEREAS, on February 15, 1989, the City entered into a contract with Contractor for refuse collection and disposal services within the City; and WHEREAS, on May 15, 1992, the City entered into a contract with Contractor for recycling collection services within the City; and WHEREAS, on October 28, 2004, the City extended the contract for solid waste collection and disposal and for recycling collection and disposition for a ten (10) year period; and WHEREAS, on May 31, 2007, the City approved Amendment No. 1 with Contractor to implement a “Carts-for-Tubs” program; and WHEREAS, the Contractor has requested an amendment to the Contract to provide for a fuel surcharge; and WHEREAS, the City has requested the Contractor to further amend the Contract to implement a recycling program at all designated city-owned facilities and to provide the city with drop-boxes for neighborhood clean-up events or such other similar events.
NOW, THEREFORE, in consideration of the following mutual agreement, promises and covenants, it is understood and agreed by and between the parties hereto as follows: 1. The Contract for solid waste collection and disposal and for recycling collection and disposition, executed on May 15, 1992 as later extended on October 28, 2004 and amended on May 31, 2007, is hereby further amended to incorporate those paragraphs set forth in Exhibit E attached hereto and incorporated herein by this reference. Except as specifically modified in writing previously by the parities and as further modified herein, the original Agreement, dated May 15, 1992, remains in full force and effect and is affirmed as to all the terms and conditions.
2.
IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agent, hereto affix our signatures and seals at Longview, Washington, as of this ______ day of June 2008.
CITY OF LONGVIEW, a Municipal Corporation of the State of Washington
WASTE CONTROL EQUIPMENT, INC.
By: Robert J. Gregory, City Manager
By: Joseph Willis, President
ATTEST
ATTEST
By: City Clerk
By: Kevin Willis, Secretary
APPROVED AS TO FORM
By: City Attorney
Exhibit E
Contractual Changes 1. FUEL SURCHARGE. Effective January 1, 2008 the City will pay the Contractor a fuel surcharge at ninety-five percent (95%) of the average fuel price each month above $2.75 per gallon paid by the Contractor. The Contractor will provide a monthly price-sheet identifying the monthly fuel surcharge request and the calculations used to reach such figures. For 2008, the base fuel amount for the surcharge, for both the first and second half of each month will be 3,686 gallons for Packer/Utility trucks and an average of 2.26 gallons per haul for Drop Boxes/Compactors. By February 2009 and every year thereafter, the Contractor shall conduct an internal audit of its annual fuel usage for those automated and front load packer trucks used exclusively within the City of Longview. The determination of the fuel surcharge will be based on actual fuel usage recorded from the driver records for all vehicles used in the performance of the solid waste and recycling collection process as stipulated in the existing contract, as amended. The Contractor shall maintain complete records and other associated documents which sufficiently and properly document the fuel surcharge amount. Such records and documents shall be open to inspection by the City and the state. 2. RECYCLING AT ALL DESIGNATED CITY-OWNED FACILITIES. The City will be instituting a “pilot program” as contemplated by paragraph 2.1.18 of the original Agreement. Effective July 15, 2008 the Contractor will be picking up recycling from all City-designated facilities (as outlined in Table 1 below) and will continue to do so until advised in writing by the City to terminate such service. The Contractor will not charge City facilities for this base level of service, rather the fee of $1,800 per month will be added to the Monthly Recycling Collection Fee, as defined in Exhibit B, Section B-2 of the current solid waste and recycling contract. Table 1 City Facilities Base Service Levels
Facility Address Containers Picks (per week)
City Hall Water Filter Plant Fire Station #81 Fire Station #82 Library Parks & Recreation Police Station
1525 Broadway 101 Fishers Lane 740 Commerce Avenue 2321 38th Avenue 1600 Louisiana Street 2920 Douglas/706 30th 1262 14th Avenue
1 tub 1 tub 1 tub 1 tub 1 tub 1 tub 1 tub
5 1 2 2 3 1 5
Police Satellite Office McClelland Art Center Sewer Operations Water Operations City Shop Street Maintenance Traffic Shop Transit Shop Mint Valley Golf – Pro Shop Mint Valley Golf – Maintenance Mint Valley Racquet Club Senior Center Gerhart Gardens Park Square Dance Building Transit Center Woman’s Club Roy Morse Park Archie Anderson Park John Null Park 7th Avenue - Softball 7th Avenue Park – Soccer *
216 30th Avenue 951 Delaware Street 1460 Industrial Way 1460 Industrial Way 254 Oregon Way 254 Oregon Way 254 Oregon Way 254 Oregon Way 4002 Pennsylvania 2680 42nd Avenue 4009 Pennsylvania 1109 Commerce Tennant Way 1041 Industrial Way 1135 12th Avenue 835 21st Avenue 393 Morse Park Way Alabama Street Pacific Way 920 7th Avenue 920 7th Avenue
1 tub 1 tub 1 tub 1 tub 1 tub 1 tub 1 tub 1 tub 1 tub 1 tub 1 tub 1 tub 1 tub 1 cart 1 cart 1 cart 1 tub 1 tub 1 tub 1 tub 1 tub
1 2 1 1 2 2 1 1 1 1 1 1 1 1 1 1 1* 1* 1* 1* 1*
The number of picks per week and/or number of tubs may increase during the year when the various leagues begin their respective seasons.
3.
DROP-BOX PROGRAM. Contractor shall, in response to the written request of the City, deliver and collect either a 20, 30 or 40-cubic yard roll-off container(s) for use in residential neighborhood clean-up programs or other similar events initiated by the City. Each clean-up event shall consist of a single collection day beginning at 7:00 a.m. and ending at 5:00 p.m. Contractor shall not be required to provide services for more than two clean-up events on the same day. The City shall notify Contractor in writing not less than seven (7) calendar days prior to the date of the service, except in the case of a targeted clean-up where notice may be given three (3) calendar days in advance of the service. On such requests that may be shorter than the three (3) day requests, Contractor shall make every effort to accommodate the request but is not obligated to comply should it be determined that the requested containers are not available. The notice to Contractor shall specify the date of delivery and collection of the roll-off containers, the location(s) for delivery, and the number and size of the roll-off containers to be delivered; provided, however, that the City may request reasonable changes in the number or size of Roll-Off Containers up to and including the day of the clean-up event. During the period July 1, 2008 through December 31, 2008, Contractor shall provide twenty-five (25) containers per this Agreement, and shall increase to forty (40) containers during 2009 and each year
thereafter, at no charge to the City, in sizes determined by the City, for additional cleanup events, to enhance clean-up events already scheduled, or for targeted clean-ups conducted by City’s Code Compliance Division on weekdays (Monday through Friday); and, Contractor shall be compensated for providing such containers in excess of the quantities aforementioned herein. At such time as the roll-off container is full, but no later than the end of the clean-up event, Contractor shall transport and deliver the collected materials to the Disposal Facility, the Materials Recycling Facility, or such other facility as is appropriate for the disposition of the materials. The City will be responsible for and will pay for landfill disposal charges for the disposal of materials collected as part of this service.