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HomeMy WebLinkAboutAG 19-153 - WASTE MANAGEMENT OF WA (1)RETURN TO: PW ADMIN EXT: 2700 ID #: 4598
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Environmental Services
2. ORIGINATING STAFF PERSON: Rebecca KOyar EXT: 2761 DATE REQ. B) : 02/07/25
3. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
0 CONTRACT AMENDMENT (AG#): 1 9-1 53 a) ❑ INTERLOCAL
❑ OTHER
4. PROJECT NAME: Comprehensive Garbage, Recyclables, and Compostables Collection Services Contract
5. NAME OF CONTRACTOR: Waste Management of Washington, Inc.
ADDRESS: 720 4th Ave. Suite 400. Kirkland, WA 98033 TELEPHONE:
E-MAIL: FAX:
SIGNATURE NAME: Jason S. Rose TITLE: President
6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES © PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # BL, E3�P. 12/31/ UBI # , EXP. / /_
7. TERM: COMMENCEMENT DATE: TED Sn' COMPLETION DATE: September 30, 2030
8. TOTAL COMPENSATION: $ n/a (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: 13 YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: a RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
in PURCHASING: PLEASE CHARGE TO: They pay us. Deposit revenue to: 106-0000-000-343-70-001
9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
6 DIVISION MANAGER RVO01-30-25
6 DEPUTY DIRECTOR DSW 1/30/25
❑ DIRECTOR -
❑ RISK MANAGEMENT (IF APPLICABLE)
6 LAW DEPT KVA 2/6/2025 2nd review KVA 3/4/2025
10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: 4/7/25
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 4/15/25
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 4/30/25 DATE REC' D: 5/6/25
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT
6 LAW DEPT
6 SIGNATORY (MAYOR OR DIRECTOR)
d CITY CLERK
❑ ASSIGNED AG # G# Asm SIGNED COPY RETURNED DATE SENT: 15. 13.,-
COMMENTS: �� !!
Execute O Originals
Amendment required to correct an error in calculation methodology Agenda Bill and Staff Memo will be completed once WM has accepted Law's input on the attached draft.
The attached draft is not ready for Execution, and won't be signed until after WM and CFW are both OK with the Amendment
11 201-3
SECOND AMENDMENT TO THE COMPREHENSIVE
GARBAGE, RECYCLABLES, AND COMPOSTABLES
COLLECTION SERVICES CONTRACT
This SECOND AMENDMENT TO THE COMPREHENSIVE GARBAGE, RECYCLABLES, AND
COMPOSTABLES COLLECTION SERVICES CONTRACT (this "Amendment") is entered into
as of the date of final signature below, by and between the City of Federal Way, a municipal
corporation of the State of Washington ("City") and Waste Management of Washington, Inc.
("Contractor"). City and Contractor shall each be referred to herein individually as a "Party" and
collectively as the "Parties."
RECITALS
WHEREAS, the Parties entered into the Comprehensive Garbage, Recyclables, and
Compostables Collection Services Contract as of September 1, 2020, as amended (the
"Contract"); and
WHEREAS, the Parties entered into the First Amendment as of September 27, 2023 to
provide for King County's (the "County") restructuring of its disposal rates whereby effective
January 1, 2024 a Fixed Annual Charge ("FAC") shall be determined for commercial hauler
disposal of all Garbage at the King County disposal facilities; and
WHEREAS, using the Composite Commercial Rate ("CCR") methodology the Contractor
shall annually allocate and invoice the FAC and the County commercial hauler tipping fee
("County Tipping Fee") to Customers pursuant to the Contract, as amended; and
WHEREAS, the Parties desire to amend the Contract to formalize a change to the CCR
methodology by removing an excise tax calculation and provide for certain clarifications.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
promises contained herein, the Parties hereby agree as follows:
AGREEMENT
Capitalized Terms used herein but not defined shall have the meanings set forth in the
Contract.
2. Section 5.1.2. Itemization on Invoices_. Section 5.1.2 shall be deleted and replaced in its
entirety with the following:
"5.1.2 Itemization on Invoices.
5.1.2.1 All applicable City, County, and Washington State solid waste or household
hazardous waste taxes or fees, utility taxes, and (if allowed under the fifth paragraph of
Section 5.1.2) sales taxes shall be itemized separately on Customer invoices and added to
the rates listed in Exhibit E, with the following exceptions:
(a) Excise (business and occupations) tax which shall be embedded in the
Contractor's disposal fee component of the rates set forth in Exhibit E.
(b) The King County fixed annual charge ("FAC") and County Tipping Fee, as
SECOND AMENDMENT TO THE COMPREHENSIVE
GARBAGE, RECYCLABLES, AND COMPOSTABLES
COLLECTION SERVICES CONTRACT Page 1 of 10
adjusted pursuant to Section 5.3.2, shall be embedded in the disposal fee
component of the rates in Exhibit B and shall not be itemized on Customer
invoices (except for Drop -Box Customers, see 5.1.2.2 (c));
(c) City Administrative Fees shall be included in Exhibit E rates and shall not
be itemized separately on Customer invoices.
5.1.2.2 Itemization of Other Charges.
(a) Recycling commodity credit or debits shall be itemized on Single -Family
Customer bills, in accordance with Section 5.3.4.
(b) Charges for excess Garbage or Compostables, Single-family, Multifamily
Complex, and Commercial Compostables collection, Drop -box Container,
On -call collection services, On -call fee -based Bulky Waste collection
services, Container rentals, or temporary Container services shall be
itemized on the Customer invoices separately by the Contractor, and may
at no time exceed the charges set forth in Exhibit E.
(c) Drop -Box Garbage Customer invoices shall include itemization of the
disposal fee as annually adjusted pursuant to Section 5.3.2 and applied
based upon Drop -Box Container Weight without markup.
5.1.2.3 Limitation on Sales Tax and Other Adjustments.
The Contractor shall not separately charge sales tax for services that include any
Container as part of the overall service package. Only Services that separate and
itemize optional container rental (specifically Drop -box Container rental) shall
have sales tax charged and listed on Customer invoices. The Contractor shall
pay appropriate sales tax upon purchase of all equipment and Containers, and
those costs are included in the rates provided in Exhibit E. In no case shall
Customers be separately charged sales taxes paid by the Contractor on its
equipment and Containers.
Except as otherwise expressly provided for by the Contract, the Contractor shall
not adjust or modify rates due to employee wage increases, changes in
Compostables processing fees, Garbage collection service level shifts, or other
changes affecting the collection system."
3. Section 5.3.2 Changes in Disposal Fees. Section 5.3.2 shall be deleted and replaced
in its entirety with the following:
"5.3.2 Changes in Disposal Fee Component. As of January 1, 2025, the Contractor
shall utilize the Composite Commercial Rate ("CCR") methodology to annually adjust the
disposal fee component of Contractor's service level rates to reflect increases or
decreases in the County Tipping Fee and King County Fixed Annual Charge ("FAC") as
SECOND AMENDMENT TO THE COMPREHENSIVE
GARBAGE, RECYCLABLES, AND COMPOSTABLES
COLLECTION SERVICES CONTRACT Page 2 of 10
follows:
a. On or before September 1st of each year, the County shall notify the City and
Contractor of the County Tipping Fee, FAC, and estimated commercial Garbage
tonnage for the next calendar year. The FAC shall be divided by the County's
estimated commercial Garbage tonnage which shall be expressed as a per -ton
charge (the "Per -Ton FAC").
b. The Per -Ton FAC shall be added to the County Tipping Fee that will be applicable
during the next year, the sum of which shall be the CCR for each ton of City Garbage
during the nextyear.
c. Adjustments to the disposal fee component of rates charged to Customers shall be
based on percentage increase or decrease in the CCR from the previous year, and
further adjusted by the excise (business and occupation) tax on the change in the
disposal fee component.
An example of a rate adjustment using the CCR methodology is provided in Exhibit F.
Adjustments to the disposal fee component shall be made in units of one cent ($0.01).
Fractions less than one cent ($0.01) shall not be considered when making adjustments.
On or before October 1 st of each year, the Contractor shall submit to the City for review and
verification a Rate Adjustment Statement that includes calculation of the CCR disposal fee
adjustment to the rates for the next year. Notwithstanding the foregoing, in the event that the
County notifies the City and the Contractor of the County Tipping Fee, FAC, and estimated
commercial Garbage tonnage for the next calendar year after September 1 s' , the Contractor
shall submit to the City for review and verification a Rate Adjustment Statement no later than
thirty (30) days after receipt of such notice from the County. The City shall have thirty (30) days
to review and verify the calculations. If the City objects to the Contractor's calculations, the
Parties shall meet immediately thereafter to resolve any disagreement as to the correct
calculations of the rate adjustments under this Section 5.3.2. The Contractor shall provide 45
days' notice of the new rates to its Customers, and the new rates shall be effective (i) on
January 1st, or (ii) on the first day of the calendar month following the end of the 45-day notice
period, whichever is later. Any delays in City review and verification shall not be cause for a
delay in implementation of the new rates.
Exhibit F Rate Modification Examples, shall be deleted and replaced in its entirety with
Attachment A hereto.
Exhibit E. Contractor Rates, shall be deleted and replaced in its entirety with Attachment B
hereto.
Entire Agreement, Full Force and Effect. The Contract, as amended, constitutes the entire
agreement between the City and the Contractor, and there are no promises, conditions, terms,
obligations, statements or guarantees other than those contained therein. No modifications or
amendments shall be valid unless in writing and fully executed by both Parties. Except as
otherwise provided herein, all other terms and provisions of the Contract shall remain in full
force and effect. Any and all acts done by either Party consistent with the authority of this
Amendment, prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to
this Amendment.
Counterparts. Signatures may be executed in two (2) or more counterparts, each of which shall
SECOND AMENDMENT TO THE COMPREHENSIVE
GARBAGE, RECYCLABLES, AND COMPOSTABLES
COLLECTION SERVICES CONTRACT Page 3 of 10
be deemed an original, but all of which together shall constitute one and the same instrument.
Signatures transmitted electronically shall be deemed valid execution of this Contract and
binding on the Panties.
SECOND AMENDMENT TO THE COMPREHENSIVE
GARBAGE, RECYCLABLES, AND COMPOSTABLES
COLLECTION SERVICES CONTRACT
Page 4 of 10
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
WASTE MANAGEMENT OF CITY OF FEDERAL WAY
WASHINGTON, INC.
By: _ Aw., a— By: —
Name: ason S. Rose Name: Jim Ferrell
Its: President Its: Mayor
Attested
By:
Name: (-(-pi0l{,ram n(,cLf'YL�QLO
Its: Citv Clerk
Approved
as to
Form By: kityvAttorney
_
Name: all
Its:
Second Amendment to the Comprehensive
Garbage, Recyclables, and Compostables
Collection Services Contract Between
WMW and the City of Federal Way Page 5 of 10
ATTACHMENT A
EXHIBIT F - RATE MODIFICATION EXAMPLES
Collection Component CPI Adjustment
The Collection Component listed in Exhibit D will be increased or decreased by the amount of the CPI
change: NCC = PCC x [1 + (nCPI - oCPI) / oCPI]
Where
NCC = The new collection charge component of the Customer rate for a particular service
level
PCC = The previous collection charge component of the Customer rate for a particular
service level
nCPI = The most recent CPI value
oCPI - The previous period's CPI value
EXAMPLE
Using a Collection Component rate of $15.00 as an example, if the previous oCPI is 143.2, the new nCPI
is 149.3, then the Collection Component of the rate will increase from $15.00 to $15.64 on the Contract
Adjustment Date.
New Collection Component = $15.00 x [1 + (149.3 - 143.2) / 143.21 = $15.64
Disposal Component CCR Adjustment
The Disposal Component of the rates listed in Exhibit E shall be adjusted annually to reflect changes to
the County Per -Ton FAC and the County Tipping Fee, pursuant to the Contract, Section 5.3.2.
Step 1: nFAC = FAC / TONS
Step 2: nCCR = nFAC + NTF
Step 3: NDC = CDC x (nCCR / oCCR)
Where
nFAC = The new Per -Ton FAC
FAC = The new overall King County FAC
TONS = The King County estimated commercial garbage tonnage for the upcoming year
nCCR = The new (CCR) for the upcoming year, dollars per ton
NTF = The new County Tipping Fee, dollars per ton
ODC = The old CCR component of the Customer rate for a particular service level;
oCCR = The old CCR, dollars per ton
NDC = The new CCR component of the Customer rate for a particular service level
Second Amendment to the Comprehensive
Garbage, Recyclables, and Compostables
Collection Services Contract Between
WMW and the City of Federal Way
Page 6 of 10
EXAMPLE
• Service Level: 357gallon cart rate of $20.00 per month with an adjusted Collection Component
of $15.64 and a disposal component of $5.00:
o County FAC of $22,614,181
o County estimated next year commercial hauler tonnage of 656,580
o New County Tipping Fee is $150.83 per ton
o Old CCR of $168.68 per ton
• The new CCR Adjustment to the disposal component of rates is calculated as:
o New Per -Ton FAC = $22,614,181 / 656,580 = $34.44 per ton
o New CCR = $34.44 + $150.83 = $185.27 per ton
o New CCR Adjusted disposal component = $5.00 x ($185.27 / $168.68) _ $5.49
Thus, the new rate for one 35-gallon cart with weekly Residential Curbside collection would be $15.64
plus $5.49, equaling $21.13 per month.
Administrative Fee Adjustment
The Contractor's rates shown in Exhibit E include an embedded City Administrative Fee, which may be
adjusted from time to time, pursuant to Section 5.2. The initial contract rates have incorporated an
Administrative Fee corresponding to a 3.2% fee on gross receipts from those Customers, as follows.
EXAMPLE:
Service Level: 1 yard container, 1 pickup per week
Collection Fee ($78.47) + CCR (Disposal Fee) ($34.94) + Administrative Fee ($3.64) + Excise Tax at
$1.75% on City Administrative Fee ($0.06) = Customer rate of $117.11.
In the event the City Administrative Fee is adjusted, the City Administrative Fee portion of the rates
shall be adjusted in the manner shown in Exhibit F, which retains the Contractor's underlying
compensation and ensures that the Contractor remains whole when the City Administrative Fee
percent is changed over time.
Second Amendment to the Comprehensive
Garbage, Recyclables, and Compostables
Collection Services Contract Between
WMW and the City of Federal Way
Page 7 of 10
ATTACHMENT B
EXHIBIT E - CONTRACTOR RATES
City of Federal Way $ 185.27 2024Disposal
$ 203.83 2025 Disposal
10.02 % % of Disposal Change
3 63 % % of CPI Change
0.00% % of B&O Change
January 1, 2025
Pounds
Per
Unit
Disposal
Fee
Collection
Fee
Revised
Rates
Admin.
Fee
B & 0
Tax
Final
Revised
Rates
Service Level
3.20 %
1.76 %
Monthly
One 32- allon Garbage Cart -1-
One 19/20- allon Garbage Cart
2023
9.25
$ 2.03
S 4.07
S 10.84,
$ 15.54
$ 12.57
$ 19.61
2 0.41
S
S
13.28
Weekly
$ 0.62
$ 0.01
S
20.24
Residential
Curbside
Service
1 32/35- allon Garbage Cart
108
$ 7.16
$ 18.90
$ 26.06
$ 0.83
$ 0.01
$
26.90
1 60164 allon Garbage Cart 32.36
$ 14.33
S 24.47 $ 38.80
$ 1.24
$ 0.02
$
40.06
1 90/96-gallon Garbage Cart 48.54 $ 21.55
$ 35.77 S 57.32
$ 1 83
$ 0.03
$
59.18
Extras (32 gallon equivalent) 16.18 $ 1.62
$ 5.80 $ 7.42
$ 0.23
$
$
7,65
Miscellaneous Fees:
Recycling On no garbage service $ 10.33
$ 0.33
$
s
10.66
Subscription rate for one 32-gallon
$ 12.58
Compostables Cart
$ 0.40
$
$
12.98
Subscription rate for one 54-gallon
$ 13.19
Com ostables Cart
$ 0.42
$
$
13.61
Subscription rate for one 96-gallon
$ 13.84
Compostables Cart
$ 0.44
$
$
14.28
Extra Compostables (32 gallon bag/bundle/can) $ 3.56
$ Oil
$
$
3.67
Second 96-Gallon Compostables Cart (rental
$ 177
only)
$ 0,05
S
$
1.82
Additional 96-Gallon Compostables Cart (for
$ 7 16
ongoing excess above base 96-gallon service)
$ 0.22
$
$
7.38
Return Trip. oer line of business $ 17.92
$ 0.57
$
S
16.49
Roll -out Charge. per 25 ft, per cart S 3.56
Drive-in Charge, per month, per line of business $ 7.16
$ 0.11
$ 0.22
$
$
$
$
3.67
7.38
Dormant Account (charged past four weeks S 8.95
suspensioril per month
$ 0.28
$
$
9.23
Overwei ht/0versize container(per /u $ 3.56
$ 0.11
$
$
3.67
Redelivery of one or more containers $ 17 92
$ 0.57
S
S
18.49
Ca t Cleanin er cart er Cleanin $ 11.94
S 0.38
$
$
12.32
On-Callgoods")
Bulky
Waste
Collection
Non-CFC Containing Large Appliance ("white
per item
$ 23.92
$ 0.76
$ 0.01
$
24.69
Refrigerators/Freezers/Air Conditioners per item $ 35.8a
$ 1 14
$ 0.01
$
37.03
Sofas, Chairs, per item 75.00 S 7.65 S 17.59 S 25.24
$ 0.80
$ 0.01
$
26.05
Miscellaneous, per cubic and 101.93 $ 10.39 S 36.59 $ 46.98
$ 1.50
$ 0.02
$
48.50
attresses, oxsprings, per item 100.00 $ 1023 $ 15.49 $ 25.72
$ 0,82
$ 001
$
26.55
Weekly
Commercial
IMF Can and
Cart
One 20- allon Garbage Cart
9.25
$ 4.07
$ 20.58
$ 24.65
$ 0.78
$ 0.01
$
25.44
1 32135- allon Garbage Cart 16.18 $ 7.16
$ 21 17
$ 28.33
$ 0.90
$ 0.01
$
29.24
1 60/64- allon Garbage Cart 32.36
$ 14.33
$ 28.59
$ 42.92
$ 1 37
$ 0,02
$
44.31
1 90196- allon Garbage Cart 48.54
S 21.55
$ 35.98
$ 57.53
$ 1.84
$ 0.03
$
59.40
Extras 32- allon trivalent) 16,18
s 1'62
$ 5.80
S 7.42
$ 0.23
$
$
7.65
Emptying Litter & ecyclables receptacles In
public areas, per unit, per collection (including
lining)16.18
$ 1.62
$ 3.40
$ 5.02
$ 0.16
$
$
5.18
Compostables Service:
Weekly 35-gal Cart Yard Debris/Foodwaste
service S 13.81
$ 044
$
$
1425
Weekly 64-gal Cart Yard Debris/Foodwaste
service $ 14.58
$ 0.46
$
$
15.04
Weekly 96-gal Cart Yard Debris/Foodwaste
service $ 15.39
$ 049
$
$
15.88
Ancillary Fees:
Return Trip, per line of business $ 17.92
Roll -out Charge, per 25 ft. unit, per cart, per
picki.ko. per week $ 1.77
$ 0.57
$ 0.05
$
$
$
$
1849,
1.62
Redelivery of containers $ 11 94
Com ostable lining (per Cartperpick-u $ 4.77
Cart Cleaning/Swap (per Cart) $ 11.94
$ 0.38
$ 0.15
$ 0.38
S
$
$
$
$
$
12.32
' 4.92
12.32
Second Amendment to the Comprehensive
Garbage, Recyclables, and Compostables
Collection Services Contract Between
WMW and the City of Federal Way
Page 8 of 10
Pounds
Per
Unit
Disposal
Fee
Collection
Fee
Revised
Rates
Admin.
Fee
B & O
Tax
Final
Revised
Rates
Service Level
3.20 %
1.75 %
Weekly
Commercial/
MF Detachable
Container
(compacted) 14
1 Cubic Yard Container
343,59
S 152.75
S 366.14
S 51869
S 16.60
$ 0.29
S 535-78
1.5 Cubic Yard Container
515.39
S 229.16
$ 479.26
$ 700.42
$ 22.66
$ 0.39
S 731.47
2 Cubic Yard Container
687.18
S 305.58
S 592.36
$ 897.94
$ 28.73
S 0.50
$ 927,17
3 Cubic Yard Container
1.030.77
S 458.36
S 818.60
S 1.276.96
$ 40.86
S 0.71
$ 1,318-53
Cubic Yard Container
1,374.36
$ 611.17 1
S 1,044.84 1
S 1.656.01
S 52.99
$ 0.92
$ 1.709.92
8 Cubic Yard Uontainer
2,061.54
$ 916,81
$ 1.509.25
$ 2,426 06
$ 77 63
$ 1 35 1
$ 2,50504
Pounds
Per
Unit
Disposal
Fee
Collection
Fee
Revised
Rates
Admin
Fee
B & O
Tax
Final
Revised
Rates
Service Level
3.20%
1.75%
Commercial
Detachable
Container
(loose)
1 Cubic Yard, 1 ickuo/week
114.53
S 50.89
$ 93,90
$ 144.79
$ 463
$ 0.08
S 149.50
1 Cubic Yard, 2 pickups/week
114.53
$ 101.82
$ 187.83
S 289.65
$ 9.26
$ 0.16
$ 299.07
1 Cubic Yard, 3 pickups/week
114.53
S 152.75
$ 281.74
$ 434.49
$ 13.90
$ 024
S 448,63
1 Cubic Yard, 4 pickups/week
114.53
$ 203.67
$ 375.68
S 57935
$ 18.53
$ 0.32
$ 598.20
1 Cubic Yard. 5 pickups/week
114.53
$ 254.61
$ 469-82
S 72423
S 23.17
1 $ 0.40
$ 747-80
1 5 Cubic Yard, 1 pickup/week
171.80
$ 76.35
$ 119.10
S 195.45
$ 6.25
1 $ 0.10
$ 201.80
1.5 Cubic Yard. 2 pickups/week
171.80
$ 152.75
$ 238.24
$ 390-99
$ 12.51
$ 0.21
$ 40371
1 5 Cubic Yard. 3 pickups/week
171,80
$ 229.15
$ 357.38
$ 586.53
S 18.76
$ 0.32
$ 605.61
1.5 Cubic Yard, 4 pickups/week
171.80
$ 305.56
$ 476.52
$ 782.08
$ 25.02
$ 0.43
$ 807 53
1.5 Cubic Yard, 5 pickups/week
171.80
S 381.94
$ 595.67
$ 977.61
$ 31.28
S 0.54
$ 1.009.43
2 Cubic Yard, 1 oicku s/week
229.06
$ 101.82
$ 144.47
IS 246.29
$ 7.88
$ 0.13
$ 254.30
2 Cubic Yard. 2 pickups/week
229,06
$ 203-67
S 288.96
$ 492.63
$ 15.76
$ 0,27
S 508.66
2 Cubic Yard, 3 pickups/week
229.06
S 305,56
$ 433.44
S 739.00
$ 23.64
$ 0.41
S 763.05
2 Cubic Yard. 4 pickups/week
229.06
S 407.40
$ 577.94
$ 98534
S 31.53
$ 0.55
$ 1,017-42
2 Cubic Yard, 5 pickups/week
229.06
$ 509.28
$ 722.42
S 1.231.70
$ 39.41
$ 0.68
S 1,271 79
3 Cubic Yard, 1 pickup/week
343.59
$ 152.75
S 195.78
$ 348.53
$ 11.15
$ 0.19
S 359.87
3 Cubic Yard, 2 pickups/week
343.59
S 305.56
$ 391.60
S 697.16
$ 22-30
$ 0.39
S 719.85
3 Cubic Yard. 3pickups/week
343.59
S 458.34
$ 587.41
$ 1.045.75
$ 33.46
$ 0.58
$ 1.07979
3 Cubic Yard. 4 pickups/week
343.59
S 611.13
$ 783.23
S 1.394.36
S 44.61
$ 0.78
$ 1.439.79
3 Cubic Yard, 5pickups/week
343.59
S 763.96
IS 97905
S 1.743,01
S 55.77
$ 0.97
$ 1.799.75
4 Cubic Yard, 1 pickup/week
458.12
$ 203.58
1 $ 237.80
$ 441.48
$ 14.12
S 0.24
$ 455.84
4 Cubic Yard, 2 pickups/week
458.12
S 407.43
$ 475.64
S 883.07
$ 2825
5 0.49
$ 911.81
4 Cubic Yard, 3pickups/week
458-12
S 611.18
$ 71347
$ 1.324.65
$ 42.38
S 0.74
S 1.367.77
4 Cubic Yard, 4 pickups/week
458.12
$ 814.93
$ 951.29
$ 1,766.22
$ 56.51
$ 0.98
$ 1.82371
4 Cubic Yard, 5 pickups/week
458.12
$ 1.018.68
$ 1.18913
$ 2,207.81
S 70.64
$ 1.23
1 $ 2.279-68
6 Cubic Yard. 1 pickup/week
687.18
$ 305.58
$ 32781
S 633.39
S 20.26
S 0.35
$ 654.00
6 Cubic Yard, 2 pickups/week
687 18
S 611.17
$ 655.63
$ 1,266.80
$ 40.53
$ 0.70
$ 1.308.03
6 Cubic Yard, 3 pickups/week
687 18
$ 916.81
$ 963.48
$ 1.900.29
$ 60.80
S 1.06
$ 1.962 15
6 Cubic Yard, 4 pickups/week
687.18
S 1.222.39
1 $ 1.311-31
$ 2.533.70
$ 81.07
$ 1-41
S 2.61618
6 Cubic Yard, 5 pickups/week
687 18
S 1,528.03
$ 1.639.15
S 3.167,18
$ 101.34
$ 1.77
$ 3,27029
8 Cubic Yard, 1 picku iweek
91624
S 407.42
$ 397.15
S 804.57
$ 25.74
$ 0.45
$ 830.76
8 Cubic Yard, 2 pickups/week
916.24
$ 814,91
$ 794.32
$ 1.609.23
$ 51.49
$ 0-90
$ 1,661.62
8 Cubic Yard, 3 oickuos/week
916.24
$ 1.222.38
$ 1.191-51
S 2.413.89
$ 77.24
$ 1.35
$ 2.492.48
8 Cubic Yard, 4 pickups/week
916.24
S 1.62988
$ 1.588.67
S 3.210.55
$ 102.99
S 1.80
S 3.323.34
8 Cubic Yard, 5 pickups/week
916.24
S 2,037.35
$ 1.985.84
S 4.023.19
$ 128-74
$ 2.25
$ 4.154.18
Extra loose cubic yand in container, per pickup
114.53
$ 11.71
$ 8.27
$ 19.98
$ 0.63
$ 0.01
$ 20.62
Extra loose cubic yard on ground, per pickup
114.53
$ 11.71
S 14,25
S 25.95
$ 0.83
$ 0.01
$ 26.80
Detachable Container Ancillary Fees (per
occurrence):
Stand-by Time (per minute)
Container Cleaning (per yard pf container size.
inoludm transport;
$ 1.89
$ 11.94
$ 0,06
$ 0.38
$
$
$ 1.95
S 12.32
Redelive of Containers
elum Trip per line of business
$ 0 01
S 37.03
Second Amendment to the Comprehensive
Garbage, Recyclables, and Compostables
Collection Services Contract Between
WMW and the City of Federal Way Page 9 of 10
Per
Disposal Collection
Haul
Admin.
B & 0
Haul
Service Level
Unit
Fee Fee
Charge
Fee
Tax
Charge
Commercial
Non -compacted 10 cubic yard Drop -box
S 237.47
$ 7.59
$ 013
$ 245.19
/MF Drop -box
Non -compacted 15 cubic yard Drop -box
$ 237.47
$ 7.59
$ 0.13
S 245.19
$ 7.59
Collection
Non-com acted 20 cubic yard Drop -box $ 237.47
S 0.13
S 245.19
Non -compacted 25 cubic yard Drop -box
$ 237.47
$ 7-59
S 0.13
$ 245.19
Non -compacted 30 cubic yard Drop -box
$ 23747
S 7,59
$ 0,13
$ 245.19
Non -compacted 40 cubic yard Drop -box
S 237.47
S 7.59
S 0.13
$ 245.19
Compacted 10 cubic and Drop -box
$ 288.24
$ 9.22
S 0.16
$ 297.62
Compacted 15 cubic yard Drop -box
$ 288.24
$ 9.22 1
S O.16
$ 29762
Compacted 20 cubic yard Drop -box
S 288.24
$ 9,22
$ 0.16
S 297.62
$ 9.22
5 0.16
S 297.62
Compacted 25 cubic yard Dro -box S 288.24
Compacted 30 cubic yard Drop -box
$ 288.24
$ 9.22
$ 0,15
$ 297.62
Compacted 35 cubic yard Drop -box
$ 288.24
$ 9.22
$ 0.16
$ 297.62
Compacted 40 cubic and Drop -box
$ 288.24
$ 9.22
$ 0 16
$ 297.62
Daily Rent
Daily Rent
Non -compacted 10 cubic yard Drop -box
$ 2.22
$ O.D7
$
$ 2,29
Non -compacted 15 cubic yard Drop -box
$ 2-66
$ 0.06
S
$ 2,74
Non -compacted 20 cubic yard Drop -box
S 3.18
S 0.10
$
$ 3-28
$ 3.77
Non -compacted 25 cubic yard Drop -box S 3.66
$ 0.11
$
Non -compacted 30 cubic yard Drop -box
$ 4.13
$ 0.13
$
S 4.26
Non -compacted 40 cubic yard Drop -box
$ 4.58
$ 0.14
S
5 4.72
Drop4jox Ancillary ess
Per Event
Per Event
Return Trip
S 35.88
$ 1.14
$ 0.01
S 37.03
Stand-by Time (per minute)
$ 1-89
S 0.06
$
S 1 95
Container cleaning (per yard of containAsize)
$ 11.94
$ 0.38
$
S 12-32
Solid Lid Surcharge (per month of rent
$ 23.92
$ 0.76
S 0.01
S 24.69
Drop -box directed to other facility (per
$ 4.45
$ 0.14
$ -
$ 459
way)
nds
Per
Disposal Collection
Haul
Admin.
B & O
Haul
Service Level
Unit
Fee Fee
Charge
Fee
Tax
Charge
Temporary
r
2 Yard detachable Cfi'o
229.06
$ 23.46 $ 41,65
$ 65.11
$ 2.08
$ 0.03
$ 67.22
4 Yard detachable Cer
458.12
$ 46.98 S 68.58
$ 115.56
$ 3.69
S 0.06
$ 119.31
MFlCom'I
6 Yard detachable Cer
687.18
$ 70.47 S 94.54
$ 165.01
$ 526
$ 0.09
$ 170,38
Collection
Hauling
8 Yard detachable Cer
916.24
$ 93.99 $ 114.54
$ 208.53
$ 6.67
S 0.11
$ 215.31
on -compacted Ill and Drop -box
$ 280.73
S 8.98
$ 0.15
$ 289,66
Non -compacted 15 and Drop -box
$ 280.73
$ 8.98
$ 0.15
$ 289.86
Non -compacted 20 and Drop -box
$ 280.73
$ 8.98
$ 0.15
$ 289.86
Non -compacted 25 ard Drop -box
$ 280.73
$ 8.98
$ 0.15
S 269.86
Non -compacted 30 ard Drop - box
$ 280.73
$ 8.98
$ 0,15
$ 289.86
Non -compacted 40 ard Drop -box
S 280.73
$ 8.98
Admin.
$ 0.15
B & 0
$ 289.86
Service Level
Daily Rent
Fee
Tax
Daily Rent
2 Yard detachable container
S 1.53
S 0.04
S
$ 1.57
Temporary
4 Yard detachable container
S 1.72
$ 0.05
$
$ 1.77
Collection
6 Yard detachable container
$ 2.13
$ 0.06
$
$ 2.19
Container
8 Yard detachable container
$ 2.37
$ 0.07
$
$ 2.44
Rental
Non -compacted 10 cubic yard Drop -box
and Delivery
Non -compacted 15 cubic yard Drop -box
$ 3.37
S 0.10
$
$ 3 47
Non -compacted 20 cubic and Drop -box
S 3.96
$ 0.12
$
$ 4.08
Non -compacted 25 cubic and Dro-box
$ 4.58
S 0,14
S
$ 4.72
$ 0.18
Non -compacted 30 cubic yard Drop -box $ 5.17
E
S 5.33
Non -compacted 40 cubic yard rop-box
$ 5.73
$ 0,18
S
$ 5.91
Delivery
Delivery
Delivery Fee (all sizes)
S 109.33
$ 3.49
$ 0.06
$ 112.88
Event
Per Day
Per Da
Delivery, provision, collection or a set of d carts
Services
(G, R &C)
S 29. 10
S 095
$ 0,01
$ 30.86
Service
Per Hour
Per Hour
Hourly
Rear/Side-load packer + driver
S 17388
S 5.56
S 0.09
$ 179.53
Rates
Front -load packer + driver
S 173.88
$ 5.56
S 0.09
$ 179.53
Drop -box Truck + driver
$ 173.88
$ 5.56
$ 0.09
$ 179.53
Additional Labor (per person)
$ 94.47
1 $ 3.02
$ 0.05
$ 97.54
Commodity
Rebate
initial Year Recyciaoie Commodity a ue, per
Credit
yd
$ 0,44
Initial Year Recyclable Commodity Value, per
Com'I yd
$ 0.06
initial Year Recyclable Commodity Value, per
res'I customer
$ 1 80
Second Amendment to the Comprehensive
Garbage, Recyclables, and Compostables
Collection Services Contract Between
WMW and the City of Federal Way
Page 10 of 10
RETURN TO: PW ADMIN EXT: 2700 ID #: 4279
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Environmental Services
2. ORIGINATING STAFF PERSON: Rebecca KOyar EXT: 2761 3. DATE REQ. BY: 7/21 /23
3. TYPE OF DOCUMENT (CHECK ONE):
n- CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
0 CONTRACT AMENDMENT (AG#): 19-153 ❑ INTERLOCAL
❑ OTHER
4. PROJECT NAME: Comprehensive Garbage, Recyclables, and Compostables Collection Services Contract
5. NAME OF CONTRACTOR: Waste Management of Washington, Inc.
ADDRESS: 720 4th Ave. Suite 400. Kirkland, WA 98033 TELEPHONE:
E-MAIL: FAX:
SIGNATURE NAME: Jason S. Rose TITLE: President
6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
CFW LICENSE # BL, EXP. 12/31/ UBI # 9 EXP.
7. TERM: COMMENCEMENT DATE: January 1, 2024 COMPLETION DATE. September 30, 2030
8. TOTAL COMPENSATION: $ n/a (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: O YES D NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: 13 YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: They pay us. Deposit revenue to: 106-0000-000-343-70-001
9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
d PROJECT MANAGER RRK 7/1312023
6 DIVISION MANAGER RVO7/13/2023
6 DEPUTY DIRECTOR DSW 7/17123
8 DIRECTOR DSW 7119/23
❑ RISK MANAGEMENT (IF APPLICABLE)
8 LAW DEPT KVA 7/19/2023
10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: 8/7/2023 COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: 9/5/2023 COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 9/20/23 DATE REC' f): 9/25/23
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL / DATE SIGNED
❑ FINANCE DEPARTMENT
8 LAW DEPT Cot L Ull
8 SIGNATORY (MAYOR OR DIRECTOR)
8 CITY CLERK
❑ ASSIGNED AG #
❑ SIGNED COPY RETURNED DATE SENT: ��• ^ i
COMMENTS:
EXECUTE- 2 " ORIGINALS
This Amendment is required since King County is changing their procedures for setting disposal fees and how the County collects garbage disposal fees from haulers
1 /2020
FIRST AMENDMENT TO COMPREHENSIVE
GARBAGE, RECYCLABLES, AND COMPOSTABLES
COLLECTION SERVICES
This FIRST AMENDMENT TO THE COMPREHENSIVE GARBAGE, RECYCLABLES, AND
COMPOSTABLES COLLECTION SERVICES CONTRACT (this "Amendment") is entered into
as of September 27, 2023, by and between the City of Federal Way, a municipal corporation of
the State of Washington ("City") and Waste Management of Washington, Inc. ("Contractor").
City and Contractor shall each be referred to herein individually as a "Party" and collectively as
the "Parties."
RECITALS
WHEREAS, the Parties entered into the Comprehensive Garbage, Recyclables, and
Compostables Collection Services Contract as of September 1, 2020 (the "Contract");
WHEREAS, as of January 1, 2024, King County ("County") will be restructuring its
disposal rates to determine a fixed annual charge ("FAC") for commercial hauler disposal of all
Garbage at the King County disposal facilities, which will be allocated on a proportionate basis
to each jurisdiction within the King County Disposal System based on the total aggregate tons of
Garbage sent by the respective jurisdictions;
WHEREAS, Garbage from the City is sent to the King County Disposal System and will
therefore receive an allocation of the FAC annually;
WHEREAS, the Contractor shall be responsible for billing the FAC as a disposal charge
to Customers and remitting the FAC to the County;
WHEREAS, the Parties desire to amend the Contract to describe the Composite
Commercial Rate ("CCR") methodology the Contractor will use to annually allocate and invoice
the FAC and the County commercial hauler tipping fee ("County Tipping Fee") to Customers;
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
promises contained herein, the Parties hereby agree as follows:
AGREEMENT
1. Capitalized Terms used herein but not defined shall have the meanings set forth in the
Contract.
2. Section 5.1.2, Itemization on Invoices. The fourth paragraph of Section 5.1.2 of the Contract
shall be deleted and replaced in its entirety with the following: "The Contractor shall invoice
Drop -Box Garbage Customers the Annual CCR (as described in Section 5.3.2) based on the
applicable Drop -Box Container weight without mark-up."
3. Section 5.3.2. Chanaes in Disposal Fees. shall be deleted and replaced in its entirety with
the following:
"5.3.2 Chanaes in Disposal Fees . As of January 1, 2024, the Contractor shall annually
adjust the disposal fee component of rates to reflect increases or decreases in the
County Tipping Fee and King County Fixed Annual Charge ("FAC'). The Contractor shall
First Amendment to Contract -City of Federal Way Page 1 of 11
utilize the Annual Composite Commercial Rate ("Annual CCR") methodology to annually
adjust the disposal fee component of Customer rates to incorporate the FAC as follows:
a. On or before September 1 It of each year, the County shall notify the City and
Contractor of the County Tipping Fee, FAC, and estimated commercial Garbage
tonnage for the next calendar year. The FAC shall be divided by the County's
estimated commercial Garbage tonnage which shall be expressed as a per -ton
charge (the "Per -Ton FAC").
b. The Per -Ton FAC shall be added to the County Tipping Fee that will be
applicable during the next year, the sum of which shall be the Annual CCR for
each ton of City Garbage during the next year.
C. Adjustments to the disposal fee component of rates charged to Customers shall
be based on percentage increase or decrease in the Annual CCR from the
previous year, and further adjusted by the excise tax on the change in the
disposal fee component.
Specific examples of rate modifications due to Annual CCR are provided in Exhibit F
Adjustments to the disposal fee component shall be made in units of one cent ($0.01).
Fractions less than one cent ($0.01) shall not be considered when making adjustments.
On or before October 1 st of each year, the Contractor shall submit to the City for review and
approval a Rate Adjustment Statement, calculating the new rates and the Annual CCR for
the next year. Notwithstanding the foregoing, in the event that the County notifies the City
and the Contractor of the County Tipping Fee, FAC, and estimated commercial Garbage
tonnage for the next calendar year after September 1It, the Contractor shall submit to the
City for review and approval a Rate Adjustment Statement no later than thirty (30) days after
receipt of such notice from the County. The City shall have thirty (30) days to approve or
disapprove the calculations. If the City disapproves the Contractor's calculations, the Parties
shall meet immediately thereafter to resolve any disagreement as to the correct calculation
of the rate adjustment under subsection (b) above or the Annual CCR. Upon approval of the
calculations, the Contractor shall provide 45 days' notice of the new rates to its Customers,
and the new rates shall be effective (i) on January 1 It, or (ii) on the first day of the calendar
month following the end of the 45-day notice period, whichever is later. Any delays in City
approval or disapproval shall not be cause for a delay in implementation of the new rates
and the Annual CCR.
The business and occupation tax shall be applied to King County disposal fees.
4. Exhibit F, Fee Modification Examples, shall be deleted and replaced in its entirety with
Attachment A hereto.
5. Exhibit E, Contractor Rates, shall be deleted and replaced in its entirety with Attachment B
hereto.
6. Entire Agreement: Full Force and Effect. This Amendment constitutes the entire agreement
between the City and the Contractor, and there are no promises, conditions, terms,
obligations, statements or guarantees other than those contained herein. No modifications
or amendments shall be valid unless in writing and fully executed by both Parties. Except as
First Amendment to Contract -City of Federal Way Page 2 of 11
otherwise provided herein, all other terms and provision of the Contract shall remain in full
force and effect.
First Amendment to Contract -City of Federal Way Page 3 of 11
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
WASTE MANAGEMENT OF
WASHINGTON, INC.
CITY OF FEDERAL WAY
By: oi i_r_wv Vim,. By:
Name: Juan Gomez Name:
Vice President and Assistant
Its: Secretary
Its:
Attested
Name:
� �j��i� L'aGrfi�t U
Its:
�{
Approved
as to
/
Form By:
Name:
Its:
As��,h_.fi t✓:1,.4b��.
First Amendment to Contract -City of Federal Way Page 4 of 11
ATTACHMENT A
EXHIBIT F - RATE MODIFICATION EXAMPLES
Collection Component Adjustment
The collection component listed in Exhibit D will be increased or decreased by the amount of the CPI
change: NCC = PCC x [1 + (nCl - oCPi) / oCPI
Where NCC
= The new collection charge component of the Customer rate for a
particular service level
PCC
- The previous collection charge component of the Customer rate
for a particular service level
nCPI
- The most recent CPI value
oCPI
- The previous period's CPI value
Using a collection component rate of $15.00 as an example, if the previous CPI is 143.2, the new CPI is
149.3 the collection component of the rate will increase from $ 15.00 to $ 15.64 on January 1, 2024.
New Collection Component = $15.00 x [1 + (149.3 - 143 2) / 143.2j = $15.64
Annual CCR Component Adjustment
The Annual CCR component of the Customer charges listed in Exhibit E reflects the combination of the
Per -Ton FAC and the County Tipping Fee. Any increase or decrease in the Annual CCR will not become
effective until the new Annual CCR charges become effective and are actually charged to the Contractor
The Annual CCR component of each service level will be adjusted as follows:
Step 1: nFAC = FAC / TONS
Step 2: nCCR = nFAC + NTF
Step 3: A = ODC x (nCCR / oCCR)
Step 4: NDC = A+ [(A-ODC) x CETR
Where
nFAC - The new Per -Ton FAC
FAC = The new overall King County FAC
TONS = The King County estimated commercial garbage tonnage for the
upcoming year
nCCR The new Annual CCR for the upcoming year, dollars per ton
First Amendment to Contract -City of Federal Way Page 5 of 11
NTF = The new County Tipping Fee, dollars per ton
A = The new pre -excise tax adjusted Annual CCR component
ODC = The old Annual CCR component of the Customer rate for a
particular service level;
oCCR = The old Annual CCR, dollars per ton
NDC = The new Annual CCR component of the Customer rate for a
particular service level
CETR = Current excise tax rate (the current State excise tax rate; 0.0175
used for this example).
For example, using an arbitrary one 35-gallon cart rate of $20.00 per month with a collection
component of $15.00 and a disposal component of $5.00:
If the 2024 King County FAC is $22,614,181 and the estimated 2024 tonnage is 656,580, then the new
Per -Ton FAC would be $34.44. If the new County Tipping Fee is $150.83 per ton, then the new Annual
CCR would be $185.27 per ton starting January 1, 2024.
If the old disposal component is $5.00, the old Annual CCR is $168.68 per ton, and the State Excise Tax
rate is 1.75%, the new Annual CCR component of the Customer rate will be $5.50.
New Per -Ton FAC = $22,614,181 / 656,580 = $34.44 per ton
New Annual CCR = $34.44 + $150.83 = $185.27 per ton
New Pre -Excise Tax Adjusted Annual CCR Component = $5.00 x ($185.27 / $168.68) _ $5.49
New Annual CCR Component = $5.49 + [($5.49 - $5.00) x 1.75%] _ $5.50
Thus, the new Customer charge for one 35-gallon cart per week Residential Curbside would be $15.64
plus $5.50, equaling $21.14 per month.
Administrative Fee Adiustment
The Contractor's rates shown in Exhibit E include an embedded City Administrative Fee, which may be
adjusted from time to time, pursuant to Section 5.2. The initial contract rates have incorporated an
Administrative Fee corresponding to a 3.2% fee on gross receipts from those Customers, as follows (1
yard, 1 pickup per week as example):
Collection Fee ($78.47) + CCR (Disposal Fee) ($34.94) + Administrative Fee ($3.64) + Excise Tax at 1.5%
on City Administrative Fee ($0.05)= Customer rate of 5117.08.
In the event the City Administrative Fee is adjusted, the City Administrative Fee portion of the
Contractor's Customer rates shall be adjusted in the manner shown in Exhibit F, which retains the
Contractor's underlying compensation and ensures that the Contractor remains whole when the City
Administrative Fee percent is changed overtime.
First Amendment to Contract -City of Federal Way Page 6 of 11
ATTACHMENT B
EXHIBIT E - CONTRACTOR RATES
Lilt of Federal Way $ 154.02 2022 Disposal $ 168.68 2023 Disposal
y 7 $ 168.68 2023 Disposal $ 185.27 2024 Disposal
Sample Rates - King County FAC - Subject to change, Rates for 9.52% % of Disposal Change 9.84% % of Disposal Change
illustrative purposes only. Service component CPI increase to be 5.00% CPI % 0.00% CPI %
revised at a later date per contract terms. 1 75 /o B&O 1.75% B&O
January 1, 2023 January 1, 2024
Pounds Disposal Collection Revised Admin. B&O Final Disposal Collection Revised Admin. B&O Final
Service Level Per Unit Fee Fee Rates Fee Tax Revised Fee Fee Rates Fee Tax Revised
3.20% 1.75% Rates 3.20% 1.75% Rates
Monthly
One 32 gallon Garbage Cart
20.23 $
1.69
$ 10.02
$ 11.71
$ 0.37
$
$ 12.08 $ 1.85
$ 10.02
$ 11.87
$ 0.37
$
$ 12.24
One 19/20 gallon Garba a Cart
9.25 $
3.37
$ 14.36
$ 17.73
$ 0.56
$
$ 18.29 $ 3.70
$ 14.36
$ 18.06
$ 0.57
$
$ 18.63
1 32/35 allon Garbage Cart
16.18 $
5.92
$ 17.46
$ 23.38
$ 0.74
$ 0.01
$ 24.13 $ 6.51
$ 17.46
$ 23.97
$ 0.76
$ 0.01
$ 24.74
1 60/64- allon Garbage Cart
32.36 $
11.85
$ 22.61
$ 34.46
$ 1.10
$ 0.01
$ 35.57 $ 13.03
$ 22.61
$ 35.64
$ 1.14
$ 0.01
$ 36.79
1 90/96- allon Garbage Cart
48.54 $
17.81
1 $ 33.03 1
$ 50.84
$ 1.62
$ 0.02
$ 52.48 $ 19.59
$ 33.03
$ 52.62
$ 1.68
$ 0,02
$ 54.32
Extras 32 allon equivalent)
16.18 $
1.35
$ 5.36
$ 6.71
$ 021
$
$ 6.92 $ 1.48
$ 5.36
$ 6.84
$ 0.21
$
$ 7.05
Miscellaneous Fees:
Recycling Only (no garbage
service)
$ 9.54
$ 0.30
$
$ 9._
$ 9.54
$ 0.30
$
$ 9.84
Subscription rate forone 32-gallon
Compostables Cart
$ 11.62
$ 0.37
$
$ 11.99
$ 11.62
$ 0.37
$ -
$ 11.99
Subscription rate for one 64-gallon
Cgmoostables Cart
$ 12.19
$ 0.39
$
$ 12.58
$ 12.19
$ 0.39
$
$ 12.58
Subscription rate forone 96-gallon
Compostables Cart
$ 12.79
1 $ 0.40
$ -
$ 13.19
$ 12.79
$ 0.40
$
$ 13.19
Extra Compostables (32 gallon
bag/bundle/can))
$ 3.30
$ 0.10
$ -
$ 3A0
$ 3.30
$ 0.10
$
$ 3.40
Weekly
Residential
Second 96-Gallon Compostables
Curbside
Cart (rental only)
$ 1.64
$ 0.05
-
$ 1.69
$ 1.64
$ 0.05
$ -
$ 1.69
Service
Additional 96-Gallon Compostables
Cart (for ongoing excess above
base 96-gallon_service)
$ 6.62
1 $ 0.21
$
$ 6.83
$ 6.62
$ 0.21
$ -
$ 6.83
$ 16.56
$ 0.52
$
$ 17.08
$ 16.56
$ 0.52
$ -
$ 17.08
Return Trio, per line of business
Roll -out Charge. per 25 ft er cart
$ 3.30
$ 0.10
$
$ 3.40
$ 3.30
$ 0.10
$ -
$ 3.40
Drive-in Charge, per month, per line
of business
$ 6.62
$ 0.21
$
$ 6.83
$ 6.62
$ 0.21
$ -
$ 6.83
Dormant Account (charged past
four weeks suspension) per month
$ 8.27
$ 0.26
$
$ 8.53
$ 8.27
$ 0.26
$ -
$ 8.53
Overweight/Oversize container (per
/u)
$ 3.30
$ 0,10
$
$ 3.40
$ 3.30
$ 0.10
$ -
$ 3.40
Redelivery of one or more
containers
$ 16.56
$ 0.52
$
$ 17.08
$ 16.56
$ 0.52
$ -
$ 17.08
Cart Cleaning (per cart per
Ism$
cleaning)
11.04
1 $ 0.35
$ -
$ 11.39
$ 11.04
$ 0.35
$
$ 11.39
First Amendment to Contract -City of Federal Way Page 7 of 11
Service Level
Pounds
I Per Unit
Disposal
Fee
Collection
Fee
Revised
Rates
Admin.
Fee
3.20%
B&O
Tax
1.75%
Final
Revised
Rates
Disposal
Fee
Collection
Fee
Revised
Rates
Admin.
Fee
3.20%
B&O
Tax
1.75%
Final
Revised
Rates
On -Call
Bulky Waste
Collection
Non-CFC Containing Large
Appliance "white goods")per item
75.00
$
6.33
$ 16.25
$ 22.10
$ 0.70
$
0.01
$
22.81
$ 1625
$ 22.10
$$ 33.14
$ 23.21
$
0.70
0.01
$
22.81
Refrigerators/Freezers/Air
Conditioners per item
Sofas Chairs per item
$ 33.14
$ 22.58
$ 1.06
$ 0.72
$ 0.01
$ 0.01
$ 34.2
$ 23.31
$ 6.96
$ 1.06
$ 0.01
$
34.21
$ 0.74M$0.02
23.96
Miscellaneous, per cubic and
101.93
$
8.60
$ 3.79
$ 42.39
1.35
$
0.02
$
43.76
$
9.45
$ 33.79
$ 43.24
$
1.38
$
44.64
Mattresses, Boxs ri s, er item
100.00
$
8.46
$ 14.31
$ 22.77
$ 0.72
$
0.01
$
23.50
$
9.30
$ 14.31
$ 23.61
$
0.75$
24.37
One 20- allon Garba a Cart
I 9.25
$
3.37
$ 19.01
$ 22.38
$ 071
$
0,01
$
23.10
$
3.70
19.01
$ 22.71
$
0.72
$
23.44
1 32/35- allon Garba e Cart
16.18
$
5.92
$ 19.55
$ 25.47
$ 0.81
$
0.01
$
26.29
$
6.51
$ 19.55
$ 26.06
$
0.83
$
26.90
1 60/64- allon Garba e Cart
32.36
$
11.85
$ 26.40
$ 38.25
$ 1.22
$
0.02
$
3949
$
13.03
$ 2640
$ 39.43
$
126
$
40.71
1 90/96- allon Garbage Cart
48.54
$
17.81
$ 33.24
$ 51.05
$ 1 63
$
0.02
$
52.70
$
19.59
$ 33.24
$ 52.83
1.69
$
0.02
$
54.54
Extras 32- allon equivalent)
16.18
$
1.35
$ 5.36
6.71
$ 0-21
$
$
6.92
$
1.48
1 $ 5.36
$ 6.84
$
0.21
$
-
$
7.05
Emptying Litter& Recyclables
receptacles in public areas, per
unit, percollection includinolinin
16.18
$
1.35
$ 3.15
$ 450
$ 0.14
$
-
I $
4.64
$
1,48
$ 3.15
$ 4.63
$
0.14
$
$
477
Com ostables Service:
Weekly
Commercial
Weekly 35-gal Cart Yard
Debris/Foodwaste service
$ 12.76
$ 0.40
$
$
13.16
$ 12.76
$
0.40
$
$
1316
and
MultiFamily
Weekly 64-gal Cart Yard
Debris/Foodwaste service
$ 13.47
0.43
$
-
$
13.90
$ 13.47
$
0.43
$
$
--
13.90
Can and Cart
Weekly 96-gal Cart Yard
Debris/Foodwaste service
Ancillary Fees:
$ 14.22
0.45
$
-
$
14.67
$ 14.22
$
0.45
$
$
14.67
Return Trip. per line of business
Roll -out Charge, per 25 ft. unit, per
cart, per pickup,per week
$ 16.56
$ 1.64
$ 0.52
$ 0.05
$
$
-
$
$
17.08
1.69
$ 16.56
1.64
$
0.52
$
$
17.08
$ 0.05
$
$
1.69
Redelivery of containers
Compostable lining (per Cart, per
pick-up)
343.59
$
126.23
$ 333.08
$ 11.04
$ 4.42
$ 11.04
464.31
$ 0.35
$ 0.14
$
$
-
$
$
11.39
4.56
$ 11.04
$ 4.42
$
0.35
$
$
11.39
$ 0.14
$
4.56
Cart Cleaning/Swap (per Cart)
1 Cubic Yard Container
$ 0.35
$ 14.85
$ -
$ 0.25
$ 11.39
479.41 1
$ 138.85 $ 338.08
$ 11.04
$ 0.35
$ -
$
11.39
Weekly
$ 476.93
$ 15.261
$ 0.26
$
492.45
Commercial
1 5 Cubic Yard Container
515.39
$
189.36
$ 442.54
$ 631.90
$ 20.22
$
0.35
$
652.47
$
208.30
$ 442.54
$ 650.84
$
20.821
$
0.36
$
672.02
and
2 Cubic Yard Container
687.18
$
252.50
$ 546.97
$ 799.47
$ 25.58
$
0.44
$
825.49
$
277.76
$ 546.97
$ 824.73
$
26.39
$
0.46
$
851.58
Multwamily
Detachable
3 Cubic Yard Container
1.030.77
$
378.74
$ 755.87
$ 1,134.61
$ 36.30
$
0.63
$
1,171.54
$
416.63
$ 755.87
$ 1,172.50
$
37.52
$
0.65
$ 1,210.67
Container
4 Cubic Yard Container
1,374.36
$
505.00
$ 964.77 1
$ 1.469.77 1
$ 47.03
$
0.82
$
1,517.62
$
555.52
$ 964.77
$ 1.520.29
$ 48.64
$
0.85 1
$ 1,569.78
(compacted)
6 CubicYard Container
2.061.54
$
757.53
$1,39,3.59
$ 2,151.12
$ 68,83
$
1.20
$
2.221.15
$
833.33
$ 1,393.59
$ 2,226.92
$
71.26
$
1.24
$ 2,299.42
First Amendment to Contract -City of Federal Way Page 8 of 11
Service Level
Pounds
Per Unit
Disposal Collection
Fee Fee
Revised
Rates
Admin.Disposal
Fee
3.20%
B&O
Tax
1.75%
Final
Revised
Rates
Fee
Collection
Fee
Revised
Rates
Admin.
Fee
3.20%
B$O
Tax
1.75%
Final
Revise
Rates
1 Cubic Yard 1 pickup/week
114.53
$ 42.06
$ 86.71
$ 128.77
S 4.12
$ 0.07
$ 132.96
$ 46.26
86.71
$ 132.97
$ 4.25
0.07
$ 137.29
1 Cubic Yard 2 pickups/week
114.53
$ 84.14
$ 173.44
257.58
$ 8.24
$ 0.14
$ 265.96
$ 92.55
$ 173.44
$ 265.99
8.51
0.14
$ 274.64
1 Cubic Yard 3 pickups/week
114.53
$ 126.23
$ 260.16
$ 386.39
$ 12.36
$ 0.21
$ 398.96
$ 138.85
$ 260.16
$ 399.01
$ 12.76
$ 0.22
$ 411.99
1 Cubic Yard, 4 pickups/week
114.53
$ 168.30
$ 346.90
$ 515.20
$ 16.48
$ 0.28
$ 531.96
$ 185.13
$ 346.90
$ 532.03
$ 17.02
$ 0.29
549.34
1 Cubic Yard, 5 pickups/week
114.53
$ 210.38
433.63
$ 644.01
$ 20.60
$ 0.36
$ 664.97
$ 231.43
$ 433.63
$ 665.06
$ 21.28
$ 0.37
$ 686.71
1.5 Cubic Yard 1 pickup/week
171.80
$ 63.10
109.98
$ 173.08
$ 5.53
$ 0.09
178.70
$ 69.40
$ 109.98
$ 179.38
5.74
$ 0.10
185.22
1.5 Cubic Yard 2 pickupsAAteek
171.80
$ 126.23
$ 219.99
$ 346.22
$ 11.07
$ 0.19
357.48
$ 138.85
$ 219.99
$ 358.84
$ 11.48
0.20
$ 370.52
1.5 Cubic Yard 3 pickups/week
171.80
$ 189.35
$ 330.00
$ 519.35
$ 16.61
$ 0.29
53625
$ 208.29
$ 330.00
$ 538.29
17.22
0.30
$ 555.81
1.5 Cubic Yard, 4 pickupstweek
171.80
$ 252.48
S 440.01
$ 692.49
$ 22.15
$ 0.38
$ 715.02
$ 277.74
$ 440.01
$ 717.75
$ 22.96
$ 0.40
741.11
1.5 Cubic Yard. 5 pickupstweek
171.80
$ 315.60
$ 550.02
$ 865.62
$ 27.691
$ 0.48
$ 893.79
$ 347.171
$ 550.02
$ 897.19
$ 28.71
$ 0.50
$ 926.40
2 Cubic Yard 1 pickups/week
229.06
$ 84.14
$ 133.41
$ 217.55
$ 6.96
$ 0.12
$ 224.63
$ 92.55
$ 133.41
$ 225.96
$ 7.23 1
$ 0.12
$ 233.31
2 Cubic Yard, 2 pickups/week
229.06
$ 168.30
$ 266.82
$ 435.12
$ 13.92
$ 0.24
$ 449.28
$ 185-131
$ 266.82
$ 451.95
14.461
$ 0.25
$ 466.66
2 Cubic Yard 3 pickups/week
229.06
$ 252.48
$ 400.23
652.71
20.88
$ 0.36
$ 673.95
$ 277.74
$ 40023
$ 677.97
$ 21.69
$ 0.37
$ 700.03
2 Cubic Yard 4 pickups/week
229.06
$ 336.64
$ 533.65
$ 870.29
27.84
$ 0.48
$ 898.61
$ 370.31
$ 533.65
$ 903.96
$ 28.92
0.50
$ 933.38
2 Cubic Yard, 5 pickups/week
229.06
$ 420.81
$ 667.06
$ 1,08787
34.81
0.60
1,123.28
$ 462.91
$ 667.06
$ 1,129.97
$ 36.15
$ 0.63
$ 1.166.75
3 Cubic Yard. 1 pickup/week
343.59
$ 12623
$ 180,78
$ 307.01
9.82
0.17
$ 317.00
$ 138.85
$ 180.78
$ 319.63
$ 10.22
$ 0.17
$ 330.02
Commercial
3 Cubic Yard 2 pickups/week
343.59
$ 252.48
$ 361.59
$ 614.07
19.65
$ 0.34
$ 634.06
$ 277.74
$ 361.59
$ 639.33
$ 20.45
$ 0.35
$ 660.13
Detachable
3 Cubic Yard 3pickups/week
343.59
$ 378.72
$ 542.40
$ 921.12
$ 29.47
$ 0.51
$ 951.10
$ 416.61
$ 542.40
$ 959.01
$ 30.68
0-531
$ 990.22
Container
3 Cubic Yard 4 pickups/week
343.59
$ 504.97
723.21
$ 1,228.18
39.30
$ 0.68
$ 1,268.16
$ 555.49
$ 72321
$ 1,278.70
$ 40.91
$ 0.71
1 $ 1,320.32
(loose)
3 Cubic Yard 5 pickups/week
343.59
$ 631.24
$ 904.02
1 $ 1.535.26
$ 49.12
$ 0.85
$ 1 585.23
$ 694.40
$ 904.02
$ 1 598.42
$ 51.14
$ 0.89
$ 1,650.45
4 Cubic Yard, 1 pickup/week
458.12
$ 168.31
$ 219.58
1 $ 387.89
$ 12.41
$ 0.21
$ 400.51
$ 185.14
$ 219.58
$ 404.72
$ 12.95
$ 0.22
$ 417.89
4 Cubic Yard, 2 pickups/week
458.12
$ 336.66
$ 439.19
$ 775.85
$ 24.82
$ 0.43
$ 801.10
$ 370.34
$ 439.19
$ 809.53
$ 25.90
$ 0,45
$ 835.88
4 Cubic Yard 3 pickups/week
458.12
$ 505.01
$ 658.80
$1,163.81
$ 37.24
$ 0.65
$ 1.201.70
$ 555.53
$ 658.80
$ 1,214.33
$ 38.85
$ 0.67
$ 1,253.85
4 Cubic Yard 4 pickups/week
458.12
$ 673.36
$ 878.39
$ 1,551.75
$ 49.65
0.86
$ 1.602.26
$ 740.73
$ 878.39
$ 1.619.12
$ 51.81
$ 0.90
$ 1,671.83
4 Cubic Yard, 5 pickupstweek
458.12
$ 841.71
$1 098.00
$ 1 939.71
$ 62.07
$ 1.08
$ 2,002.86
925.93
$1,098.00
$ 2.023.93
$ 64.76
$ 1.13
$ 2.089.82
6Cubic Yard, 1 pickup/week
687.18
$ 252.50
$ 302.69
$ 555.19
$ 17.76
$ 0.31
$ 573.26
$ 277.76
302.69
$ 580.45
$ 18.57
$ 0.32
$ 599.34
6 Cubic Yard 2 pickups/week
687.18
$ 505.00
$ 605.39
$ 1.110.39
35.53
$ 0.62
$ 1.146.54
$ 555.52
$ 605.39
$ 1,160.91
37.14
0.64
$ 1,198.69
6 Cubic Yard, 3 pickups/week
687.18
$ 757.53
$ 908.11
$ 1.665.64
$ 53.30
$ 0.93
$ 1,719.87
$ 833.33
$ 908.11
$ 1 741.44
$ 55.72
$ 0.97
$ 1.798.13
6 Cubic Yard 4 pickupstweek
687.18
$1 010.03
$1 210.81
$ 2 220.84
$ 71.06
$ 1.24
$ 2.293.14
$1.111.09
$ 1 210.81
$ 2 321.90
$ 74.30
$ 1.30
$ 2,397.50
6 Cubic Yard 5 pickups/week
687.18
$1.262.56
$1 513.53
$ 2 776.09
$ 88.83
$ 1.55
$ 2.866.47
$1.388.90
$ 1.513.53
$ 2,902.43
$ 92.87
$ 1.62
$ 2,996.92
8 Cubic Yard, 1 pickup/week
916.24
$ 336.65
$ 366.72
$ 703.37
$ 22.50
$ 0.39
$ 726.26
$ 370.33
$ 366.72
$ 737.05
$ 23.58
$ 0.41
$ 761.04
8 Cubic Yard 2 pickupsAAteek
916.24
$ 673.34
S 733.45
$ 1 406.79
$ 45.01
$ 0.781
$ 1.452.58
$ 740.71
$ 733.45
$ 1 474,16
$ 47.17
$ 0.82
$ 1,522.15
8 Cubic Yard, 3 pickups/week
916.24
$1,010.02
$1,100.19
$ 2.110.21
$ 67.52
$ 1.18
$ 2,178.91
$1.111.08
$ 1,100.19
$ 2,211.27
$ 70.76
$ 1.23
$ 2,283.26
8 Cubic Yard, 4 pickups/week
916.24
$1 346.71
$1 466.92
$ 2.813.63
S 90.03
$ 1.57
$ 2,905.23
$1.481.47
$ 1,466.92
$ 2.948.39
$ 94.341
$ 1.65
$ 3 044.38
8 Cubic Yard. 5 pickups/week
91624
$1 683.39
$1.833.65
$ 3,517.04
$112,54
$ 1.96
$ 3,631.54
$1 851.84
$ 1.833.65
$ 3,685.49
$ 117.93
$ 2.06
$ 3 805 48
Extra loose cubic yard in container
icku
114.53
$ 9.69
$ 7.65
$ 17.34
$ 0.55
$ -
$ 17.89
$ 10.65
$ 765
$ 18.30
$ 058
$ 0.01
$ 18.89
Extra
loose cubic yard on ground,pickup114.53
$ 9.69
$ 13.17
$ 22.86
$ 0.73
$ 0.01
$ 23.60
$ 10.65
$ 13.17
$ 23.82
$ 0.76
$ 0.01
$ 24.59
Detachable Container Ancillary Fees (per
occurrence
Stand-by Time (per minute)
Container Cleaning (per yard of
container size, including transport)
Redelivery of Containers
Return Trip per line of business
$ 1.76
$ 11.04
$ 0.05
$ 0.35
$ -
$
$ 1.81
$ 11.39
$ 1.76
$ 0.05
$ 0.35
$
$
$ 1.81
$ 11.39
$ 11.04
$ 33.14
$ 16.56
$ 1.06
$ 0.52
$ 0.01
$ -
$ 34.21
$ 17.08
$ 33.14
$ 16.56
$ 1.06
$ 0.52
$ 0.01
$ -
$ 34.21
$ 17,08
First Amendment to Contract -City of Federal Way Page 9 of 11
isposal
Fee
Collection
Fee
Haul
Charge
Admin.
Fee
B8`O Tax
Haul
Charge
■
S
$
219.28
219.28
$
7.01
$
0.12
$
226.41
S 7.01
$ 0.12
226.41
S 219.28
S 7.01
1 $ 0.12
$
226.41
$ 219.28
S 7.01
$ 0.12
S
226.41
$
219.28
7.01
$
0.12
226.41
$ 219.28
$ 7.01
S 0.12
S
226.41
$
266.16
$
8.51
$
0.14
$
274-81
$ 266.16
8.51
$ 0.14
$
274.81
$
266.16
$
8.51
$
0.14
$
274.81
$
266.16
8.51
$
0.14
$
274.81
'
$
266.16
$
8.51
$
0.14
S
274.81
$ 266.16
$ 8.51
$ 0.14
$
274.81
S 266.16
$ 8.51
$ 0.14
$
274.81
Daily Rent
Daily Rent
S
2.06
$
0.06
$
-
$
2.12
S 2.46
0.07
$
$
2.53
$ 2.94
$ 0.09
S
$
3.03
S
$
3.39
3.82
$
$
0.10
0.12
S
S
$
I
$
3.94
S
4.23
S
0.13
S
S
4.36
Per Event
Per Event
$
$
$
33.14
1.76
11.04
S
1.06
$
0.01
$
34.21
$ 0.05
$ 0.35
-
$
$
1.81
$
22.10
5
0.70
S
0.01
$
22.81
$
4.12 1
$
0.13
$
-
$
4.25
First Amendment to Contract -City of Federal Way Page 10 of 11
Pounds Disposal
Collection
Haul
Admin
Haul
Disposal
Collection
Haul
Admin.
Haul
Service Level
Per Unit Fee
Fee
Charge
Fee
B&O Tax
Charge
Fee
Fee
Charge
Fee
B&O Tax
Charge
2 Yard detachable Container
229.06 $ 19.40
$ 38.47
$
57.87
$
1.85
$
0.03
$
59.75
$ 21.33
$ 38.47 $
59.80
$
1.91
$
0.03
$
61.74
4 Yard detachable Container
458.12 $ 38.84
$ 63.34
$
102.18
$
326
$
0.05
$
105 49
$ 42.71
$ 63.34 $
106.05
$
3.39
$
0.05
$
109.49
6 Yard detachable Container
687.18
$ 58.24
$ 87.31
$
145.55
$
4.65
$
0.08
$
150.28
$ 64.06
$ 87.31 $
151.37
$
4.84
$
0.08
$
156.29
8 Yard detachable Container
91624
$ 77.68
$ 105.77
$
183.45
$
5.87
$
0.10
$
189.42
$ 85.44
$ 105.77 $
191.21
$
6.11
$
0.10
$
197.42
Temporary
Non -compacted 10 cubic yard Drop
MultiFamily &
box
$
259.22
$
8.29
$
0.14
$
267.65
$
259.22
$
8.29
$
0.14
$
267.65
Commercial
Non -compacted 15 cubic yard Drop
Collection &
box
$
259.22
$
8.29
$
0.14
$
26.7.65
$
25922
$
829
$
0.14
$
267.65
Hauling
Non -compacted 20 cubic yard Drop
box
$
259.22
$
829
$
0.14
$
267.65
$
259.22
$
8.29
$
0.14
$
267.65
Non -compacted 25 cubic yard Drop
box
$
259.22
$
8.29
$
014
$
267.65
$
259.22
$
8.29
$
0.14
$
267.65
Non -compacted 30 cubic yard Drop
box
$
259.22
$
8.29
$
0.14
$
267,.65
$
259.22
$
8.29
$
0.14
$
267.65
Non -compacted 40 cubic yard Drop
box
$
259.22
$
8.29
$
0.14
$
267,.65
$
259.22
$
8.29
$
0.14
$
267.65
Service Level
Daily Rent
Admin.
B & O
Daily Rent
Daily Rent
Admin.
B & O
Daily Rent
Fee
Tax
Fee
Tax
2 Yard detachable container
$
1.42
$
0.04
$
$
1.46
$
1.42
$
0.04
$
-
$
1.46
4 Yard detachable container
$
1.59
$
0.05
$
1.64
$
1.59
$
0.05
$
$
1.64
6 Yard detachable container
$
1.98
$
0.06
$
$
2.04
$
1.98
$
0.06
$
$
2.04
8 Yard detachable container
$
2.20
$
0.07
$
$
2.27
$
2.20
$
0.07
$
$
2.27
Non -compacted 10 cubic yard Drop
Temporary
box
$
2.58
$
0.08
$
$
2.66
$
2.58
$
008
$
$
2.66
Collection
Non -compacted 15 cubic yard Drop
Container
box
$
Non -compacted 20 cubic yard Drop
Rental and
Delivery
box
$
3.67
$
0.11
$
-
$
3.78
$
3.67
$
0.11
$
$
3.78
Non -compacted 25 cubic yard Drop
box
$
4.23
$
0.13
$
$
4.36
$
4.23
$
0.13
$
-
$
4.36
Non -compacted 30 cubic yard Drop
box
$
1.78
$
0.15
$
-
$
4.93
$
4.78
$
0.15
$
-
$
4.93
Non -compacted 40 cubic yard Drop
box
$
5.30
$
0.16
$
$
5A6
$
5-30
$
0.16
$
-
$
5.46
Delivery
Delivery
Delivery
Delivery
Delivery Fee (all sizes)
$
100.96
$
3.23
$
0.05
$
104.24
$
100.96
$
3.23
$
0.05
$
104.24
Event
Per Day
I
Per Day
Per Da
Per Da
Delivery, provision, collection of a
Services
set of 3 carts G, R &C
$
27.62
$
0.88
$
0.01
$
28.51
$
27.62
$
0.88
$
0.01
$
28.51
Service
Per Hour
Per Hour
Per Hour
Per Hour
Rear/Side-load acker+driver
$
160.56
5.13
$
0.08
$
165.77
$
160.56
$
5.13
$
0.08
1 $
165.77
Front -load acker+driver
Hourly Rates
$
160.56
$
5.13
$
0.08
$
165.77
$
160.56
$
5.13
$
0.08
$
165.77
Drop -box Truck + driver
$
160.56
$
5.13
$
0.08
$
165.77
$
160.56
$
5 13
$
0.08
$
165.77
Additional Labor (per person
$
87.24
$
2.79
$
0.04
$
90.07
$
87.24
$
2.79
$
0.04
$
90.07
Rebate
Rebate
Initial Year Recyclable Commodity
Commodity
Value, per MF yd
$
0.8,
$
081
Initial Year Recyclable Commodity
Ogiv
Credit
Value, per Com'I yd
$
0,1(((
1 $
0.10
Initial Year Recyclable Commodity
Value, per res'I customer
$
2.38MML
$
2.38
First Amendment to Contract -City of Federal Way Page 11 of 11
r:�A
1
CERTIFICATE OF LIABILITY INSURANCE
F -DATE06M/D0/3YYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If
SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Aon Risk Services Southwest, Inc.
Dallas TX Office
CONTACT
NPHONE AME.
FAX
(A/C. Na. Ext): <866) 283-7122 A C. No.): 800-363-0105
E-MAIL
ADDRESS:
5005 Lyndon B Johnson Freeway
Suite 1500
INSURER(S) AFFORDING COVERAGE
NAIC #
Dallas TX 75244 USA
INSURED
INSURER A: Ironshore specialty Insurance Company
25445
INSURER B:
Waste Management, Inc.
800 Capitol Street
Suite 3000
INSURERC:
INSURER D:
Houston TX 77002 USA
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 570100185091 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
INSH
LTq
TYPE OF INSURANCE
II
WVD
POLICY NUMBER
MM(DD/YYYY
MM/DD/YYY
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
CLAIMS -MADE ❑ OCCUR
AUF
PREMISES Ea occurrence)
MED EXP (Any one person)
PERSONAL& ADV INJURY
GEN'LAGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
PRODUCTS - COMP/OPAGG
POLICY ❑ PRO ❑
JECT LOC
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
accident)
BODILY INJURY ( Per person)
ANYAUTO
BODILY INJURY (Per accident)
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIREDAUTOS NON -OWNED
ONLY AUTOS ONLY
PROPERTY DAMAGE
(Per accident)
A
UMBRELLALIAB
OCCUR
IEELPLLCA52F003
07/O1/ 0
7 O1/2024
EACH OCCURRENCE
$24,000,000
AGGREGATE
$24,000,000
X
EXCESS LIAB
X
CLAIMS -MADE
DED RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITYER
ANY PROPRIETOR / PARTNER I EXECUTIVE Y /❑N
PER STATUTE oTTH.
E.L. EACH ACCIDENT
OFFICERWEMBER EXCLUDED?
(Mandatory in NH)
N / A
E.L. DISEASE -EA EMPLOYEE
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
A
Environmental Site Liability
ISPILLSCAS23UU3
Claims -Made
07/01/2023
07/01/2024
Each Incident Limit
Aggregate Limit
$1,000 0UU
$2.000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Named Insured Site Location: waste Management of Washington, Inc., South Sound Hauling,.701 2nd Street, Auburn, WA 98001.
City of Federal way is included as Additional Insured in accordance with the policy provisions of the Pollution Legal Liability
policy. A waiver of Subrogation is granted in favor of certificate Holder in accordance with the policy provisions of the
Pollution Legal Liability policy.
i
d
rn
0
LO
C2
0
0
0
I`
LO
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
Cityy Of Federal way
AUTHORIZED REPRESENTATIVE=
33325 8th Ave. South
Federal way WA 98003-6325 USA
(L ��//� ry/'�
a-t}r
©1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
ACORO CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
1/1/2024
12i7/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER LOCKTON COMPANIES
NAAMME C7
3657 BRIARPARK DRIVE, SUITE 700
PHONE FAX
c No,-Extl;_ (AIC
HOUSTON TX 77042
-No)'-
E-MAIL
866-260-3538
ADDRESS;
INSURERS) AFFORDING COVERAGE
NAIC #
INSURER A: ACE American Insurance Company
22667
INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATEE
I B : Indemnity Insurance Co of North America
43575
-INSURER
INSURER C : ACE Fire Underwriters Insurance Company
20702
1306000 RELATED & SUBSIDIARY COMPANIES INCLUDING:
INSURER D : ACE Property and Casualty Insurance Company
20699
WASTE MANAGEMENT OF WASHINGTON, INC.
701 2ND STREET NW
AUBURN WA 98001
INSURER E :
W SURER F
COVERAGES WAAUBURN CERTIFICATE NUMBER: 3506322 REVISION NUMBER: XXXXXXX
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
N R TYPE OF INSURANCE ADDL SUBR�� POLICY EFF POLIO EXP LIMITS
7R D POLICY NUMBER MM!
A
X COMMERCIAL GENERAL LIABILITY Y Y HDO G72955924
CLAIMS -MADE a OCCUR
1/1/2023
1/1/2024
EACH OCCURRENCE
$ 5,000,000
DAMA ET
PREMISES Ea occurrence
$ 5 000 000
MED EXP An one person)
$ XXXXXXX
X XCU INCLUDED
PERSONAL & ADV INJURY
s 5,000,000
X ISO FORM CG00010413
GENERAL AGGREGATE
s 6,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY I CT [X] LOC
PRODUCTS - COMP/OP AGG
$ 6,000,000
$
OTHER:
A
AUTOMOBILE LIABILITY Y y MMT H25575398
1/1/2023
1/1/2024
COMBI1dent)NED SINGLE UMrr
Ea accident
$ 1,000,000
BODILY INJURY (Per person)
X ANY AUTO
$ XXXXXXX
BODILY INJURY (Per accident)
PROPERTY DAMAGE
Per accident
X OWNED SCHEDULED
AUTOS ONLY AUTOS
X HIRED X NON -OWNED
AUTOS ONLY AUTOS ONLY
$ XXXXXXX
$ XXXXXXX
$ XXXXXXX
X MCS-90
D
X UMBRELLA LIAB X OCCUR Y Y XEUG27929242008
1/1/2023
1/l/2024
EACH OCCURRENCE
$ 15000000
AGGREGATE
EXCESS LIAB CLAIMS -MADE
$ 15 000,000
DED i I RETENTIONS
$ XXXXXXX
WORKERS COMPENSATION
B AND EMPLOYERS' LIABILITY Y WLR C70311094 ((AOS))
A ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WLR C70311057 (AZ -CA & MA)
C OFFICER/MEMBEREXCLUE � NIA SCFC70311136(WI)
(Mandatory In NH)
1/1/2023
1/1/2023
1/1/2023
1/1/2024
1/l/2024
1/1/2024
-
X I FATITI
$ 3, 00,000
$ 3,000,000
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYE
E.L. DISEASE - POLICY LIMIT
$ 1J1100,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
A
EXCESS AUTO Y Y XSA H25575350
1/1/2023
1/l/2024
COMBINED SINGLE LIMIT
LIABILITY
S9,000,000
(EACH ACCIDENT)
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN
CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMP/EL) WHERE AND TO THE
EXTENT REQUIRED BY WRITTEN CONTRACT. All politics include a blanket notice of cancellation to certificate holders endorsement, providing for 30 days' advance notice if the policy is
cancelled by the company other than for nonpayment of premium, 10 days' notice if the policy is cancelled for nonpayment ofpfemium. Notice is sent to certificate holders with mailing addresses on
file with the agent or the company. The endorsement does not provide notice of cancellation if the named Insured requests cancellation.
GtK 111-I(;A I It HULULK L,ANU CLLA I IUN JCe ALtacnmenLS
3506322
CITY OF FEDERAL WAY
33325 8TH AVENUE SOUTH
FEDERAL WAY WA 98003-6325
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
n 19RR_9n15 ACORD CC)RPORATH117 All riahts reserved
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Attachment Code: D446557 Master ID: 1306000, Certificate ID: 3506322
2
POLICY NUMBER: HDO G72955924 Endorsement Number: 49
COMMERCIAL GENERAL LIABILITY
CG20101219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Any Owner, Lessee or Contractor whom you have
agreed to include as an additional insured under a
written contract, provided such contract was executed
prior to the date of loss.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
Location(s) Of Covered Operations
All locations where you are performing ongoing
operations for such additional insured pursuant to any
such written contract.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the C
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2
Attachment Code: D446557 Master ID: 1306000, Certificate ID: 3506322
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
Page 2 of 2 O Insurance Services Office, Inc., 2018 CG 20 10 12 19
Attachment Code: D540834 Certificate ID: 3506322
DESIGNATED PROJECT(S) -AGGREGATE LIMIT
Named Insured Endorsement Number
Waste Management, Inc. 9
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
HDO HDO G72955924 1/1/2023 to 1/1/2024
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number The remainder of the information is to be completed only when this endorsement Is issued subsequent to the preparation of the
policy
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Designated Project(s): All of your projects
Designated Project Aggregate Limit: $6,000,000
A. Subject to and eroding the General Aggregate Limit shown in the Declarations, for all sums which the
insured becomes legally obligated to pay as damages caused by 'occurrences" under COVERAGE A
(SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which
can be attributed only to ongoing operations at a single Designated Project shown in the Schedule above:
1. A separate Designated Project Aggregate Limit applies to each Designated Project, and that limit is
equal to the amount of the Designated Project Aggregate Limit shown in the Schedule above.
2. The Designated Project Aggregate Limit is the most we will pay for the sum of damages under
COVERAGE A, except damages because of "bodily injury" or "property damage" included in the
"products -completed operations hazard", and for medical expenses under COVERAGE C, which
damages and medical expenses can be attributed only to ongoing operations at a single Designated
Project, regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
C. Persons or organizations making claims or bringing "suits".
3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses
shall reduce the Designated Project Aggregate Limit for that Designated Project and shall also reduce
and erode the General Aggregate Limit shown in the Declarations, but shall not reduce any other
Designated Project Aggregate Limit for any other Designated Project shown in the Schedule above.
4. The limits shown in the Declarations for Each Occurrence, Damage to Premises Rented to You and
Medical Expense continue to apply. However such limits will be subject to the applicable Designated
Project Aggregate Limit, as well as the General Aggregate Limit shown in the Declarations.
B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences"
under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE
C (SECTION I ), which cannot be attributed only to ongoing operations at a single Designated Project:
LD-34257 (10/11) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2
Attachment Code: D540834 Certificate ID: 3506322
1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical
expenses shall reduce the amount available under the General Aggregate Limit or the
Products -Completed Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Designated Project Aggregate Limit.
A. When coverage for liability arising out of the "products -completed operations hazard" is provided, any
payments for damages because of "bodily injury" or "property damage" included in the
"products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit,
and will not reduce the General Aggregate Limit or the Designated Project Aggregate Limit.
B. If the applicable Designated Project has been abandoned, delayed, or abandoned and then restarted, or if
the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the
project will still be deemed to be the same Designated Project.
C. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall
continue to apply as stipulated.
All other terms and conditions of this policy remain unchanged.
Authorized Representative
LD-34257 (10/11) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2
Attachment Code: D540810 Certificate ID: 3506322
ADDITIONAL INSURED ENDORSEMENT
Named Insured Waste Management, Inc.
Endorsement Number
17
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
MMT MMT H25575398 1/1/2023 To 1/1/2024
By (Name of Insurance Company)
American Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
MOTOR CARRIER COVERAGE FORM
Schedule
Name of Person or Organization: any person or organization whom you have been required to include as an additional
insured under contract or agreement, executed prior to the date of loss
WHO IS AN INSURED (Section II) is amended to include as an additional insured the person or organization shown in the
Schedule, but only with respect to their liability arising out of the ownership, maintenance or use of a covered "auto" being
operated by or on behalf of the Named Insured.
MS-11111 (01/17) ©Chubb. 2016. All rights reserved. Page 1 of 1
fl R\ TO PW ADNIIN ENT: 2700 ID #: IA) (� r
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/Dlv: Pt nl_!c \\ t IIZ i S�\ R
2.
3.
011IGIN:CT'INC; ST IFF PERSON: ROB V %N' ORSOW-
TYyE OF DOCUNIEN 1' ( CHECK ONE):
(' ,% I1cACTOR SLI I t'I h t?. DocLNIFN F (F.G.. RFB
` l 111.11' WORKS C'ON 1'R V'T
i-; PROFESSION:\L SERVICE e\GRI FNIE:NT
GOODS \ND SERV ICI. AGREENIF "r
REAL ESTATE Doct: MENT
ORDINANCE
—� CONTRACT A:MENDMFNT(AG#l:
OTHER
EX 1-: 2770 3. DATE REQ. BN
RFP. RFQ)
I::.I SMALL OR LimI"TED PUBLIC WORKS CONTR.\C"I'
L. MAINTENANCE AGREEMENT
it HtiNL\N SERVICES /CDBG
SECURITY Docu\ILNT (E.G. BOND RELATED DCK'UMEN,TS )
RESOLUTION
INTERLOC \L
i. PROJECT NAME: INTERNAL. REVIEW —SW&R COLLECTION SERVICES RFP& BASE CONTRACT
NA\fE OF CONTRACTOR
ADDRESS:
E-MAii...
SIGNATURE N \Nii. —
wok �t 4� _ A
TELEPHONE:
F\v
TITLE:
6. EJiH[BITSAN✓iDATTkCHMENTS: i 1 SCOPE. WORK OR SERVICES ❑ COMPENSNFION i INSURANCE RFQUIREYIENTS/CERTIFICATE c :ALL OTHER
REFERENCED EXHIBITS PROOF OF AUTHORITY TO SIGN REQUIRED LICFNSES I PRIOR CONTRACT/AMENDMENTS
CFAV LICENSE # BL. E�xP. 121? 1/ UBl # . EXP.
7. TER-Ni: CO\I\IENCE\IENT D,\Tl:: 9/1/2020
COMPLETION DATE: 9/30/2030
8. TOTAL C04[PENS:ATION: S ti/.,% _ _ (INCLUDE EXPENSES AND SALES TAX. IF ANY)
OF CALCL LXFED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLESAND HOLIDAY RATES )
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"11i.
CITY OF
Federal Way
Centered on Opportunity
COMPREHENSIVE
GARBAGE, RECYCLABLES, AND COM POSTABLES
COLLECTION SERVICES
CONTRACT
City of Federal Way
and
Waste Management of Washington, Inc.
September 1, 2020 — September 30, 2030
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
RECITALS............................................................................................................................................1
AGREEMENT.......................................................................................................................................1
1.DEFINITIONS...................................................................................................................................1
2-TFRM OF CONTRACT-----•---•--------------------------------------------------------------------------------------- •------------------ 6
3.CONTRACTOR REPRESENTATIONS AND WARRANTIES....................................................................... 6
4.SCOPE OF WORK .7
4.1 GENERAL COLLECTION SYSTEM REQUIREMENTS..............................................................................................7
4.1.1 Service Area...................................................................................................................................7
4.1.2 Service to Residences on Private Roads and Driveways................................................................8
4.1.3 Hours/Days of Collection ............................ ........ ......................................... ........ I ............. I ... I.......8
4.1.4 Employee Conduct..................................................................... .................... .................. I ......... I ... 8
4.1.5 Disabled Persons Service........................................................................................................I......9
4.1.6 Holiday Schedules..........................................................................................................................9
4.1.7 inclement Weather........................................................................................................................9
4.1.8 Suspending Collection from Problem Customers.........................................................................11
4.1.9 Missed Collections.......................................................................................................................11
4.1.10 Some Day Collection..................................................................................................................12
4.1.11 Requirement to Recycle and Compost and Quality Assurance..................................................12
4.1.12 Routing, Notification, and Approval..........................................................................................13
4.1.13 Vehicle and Equipment Type/Aqe/Condition/Use.....................................................................13
4.1.14 Container Requirements and Ownership..................................................................................15
4.1.14.1 Garbage, Recyclables, and Compostables Carts..............................................................15
4.1.14.2 Detachable Containers and Drop -box Containers...........................................................16
4.1.14.3 Ownership.........................................................................................................................17
4.1.14.4 Container Colors and Labeling..........................................................................................18
4.1.14.5 Container Weights............................................................................................................18
4.1.14.6 Container Removal Upon City or Customer Request.......................................................18
4.1.15 Inventory of Vehicles and Facilities...........................................................................................19
4.1.16 Spillage and Leakage of Vehicle Contents.................................................................................19
4.1.17 Disruption Due to Construction.................................................................................................20
4.1.18 Contractor Labor Negotiations, Strike Contingency Planning, and Performance During
Labor
Disruption..........................................................................................................................20
4.1.19 Site Planning and Building Design Review.........................................................................22
4.1.20 Safeguarding Public and Private Facilities............................................................................. 23
4.1.21 Transition and implementation of Contract _:.•...........................................................................23
4.1.22 Performance Review..................................................................................................................24
4.1.23 Continual Monitoring and Evaluation of Operations................................................................24
4.1.24 Collection/Disposal Restrictions................................................................................................25
4.1.25 Emergency Response. ......... d .................................................................. ...................................26
4.1.26 Early Implementation................................................................................................................26
4.2 COLLECTIONSERVICES..............................................................................................................................26
4.2.1 Single -Family Residence Garbage Collection...............................................................................26
4.2.1.1 Subject Materials................................................................................................................26
City of Federal Way ii July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
4.2.1.2 Containers...........................................................................................................................26
4.2.1.3 Specific Collection Requirements.......................................................................................26
4.2.2 Single -Family Residence Recyclables Collection..........................................................................27
4.2.2.1 Recyclable Materials...........................................................................................................27
4.2.2.2 Containers...........................................................................................................................28
4.2.2.3 Specific Collection Requirements.......................................................................................28
4.2.3 Single -Family Residence Compostables Collection......................................................................28
4.2.3.1 Subject Materials................................................................................................................28
4.2.3.2 Containers...........................................................................................................................29
4.2.3.3 Specific Collection Requirements.......................................................................................29
4.2.4 Multifamily Complex and Commercial Customer Garbage Collection........................................30
4:2.4.1 Subject Materials................................................................................................................30
4.2.4.2 Containers...........................................................................................................................30
4.2.4.3 Specific Collection Requirements.......................................................................................30
4.2.5 Multifamily Complex and Commercial Recyclables Collection....................................................31
4.2.5.1 Subject Materials................................................................................................................31
4.2.5.2 Containers...........................................................................................................................31
4.2.5.3 Specific Collection Requirements.......................................................................................32
4.2.6 Multifamily Complex and Commercial Customer Compostables Collection...............................32
4.2.6.1 Subject Materials ................................. ...............................................................................32
4.2.6.2 Containers...........................................................................................................................33
4.2.6.3 Specific Collection Requirements.......................................................................................33
4.2.7 Drop -Box Container Garbage Collection ................................................. :...................................
33
4.2.7.1 Subject Materials................................................................................................................33
4.2.7.2 Containers...........................................................................................................................33
4.2.7.3 Specific Collection Requirements.......................................................................................34
4.2.8 Temporary (Non -Special Event) Container Customers................................................................34
4.2.9 Special Event Services..................................................................................................................34
4.2.10 City Services...............................................................................................................................35
4.2.11 Community Events.....................................................................................................................37
4.2.12 On -call Bulky Waste Collection..................................................................................................37
4.2.13 Excluded Services.......................................................................................................................37
4.3 COLLECTION SUPPORT AND MANAGEMENT......................................................................................37
4.3.1 General Customer Service...........................................................................................................38
4.3.2 Specific Customer Service Requirements.....................................................................................38
4.3.2.1 Customer Service Representative Staffing.........................................................................39
4.3.2.2 City Access to Contractor's Customer Service Information...............................................39
4.3.2.3 Service Recipient Complaints and Corrective Requests....................................................39
4.3.2.4 Handling of Customer Calls.................................................................................................40
4.3.2.5 Corrective Measures...........................................................................................................40
4.3.2.6 Contractor Internet Website..............................................................................................41
4.3.2.7 Full Knowledge of Garbage, Recyclables, and Compostables Programs Required ...........
41
4.3.2.8 Customer Communications...............................................................................................42
4.3.3 Contractor's Customer Billing Responsibilities............................................................................42
4.3.4 Reporting.....................................................................................................................................44
4.3.4.1 Monthly-Reports.................................................................................................................44
City of Federal Way iii July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
4.3.4.2 Annual Reports. .46
4.3.4.3 Ad Hoc Reports. .46
4.3.4.4 Other Reports......................................................................................................................47
4.3.5 Promotion and Education............................................................................................................47
4.3.6 Transition to Next Contractor......................................................................................................49
S.COMPENSATION........................................................................................................................... 49
5.1 COMPENSATION TO THE CONTRACTOR........................................................................................................49
5.1.1 Rates............................................................................................................................................49
5.1.2 Itemization on Invoices................................................................................................................50
5.2 COMPENSATION TO THE CITY....................................................................................................................51
5.3 COMPENSATION ADJUSTMENTS..................................................................................... .5
5.3.1 Annual CPI Service Component Modification..............................................................................51
5.3.2 Changes in Disposal Fees.............................................................................................................52
5.3.3 Changes in Disposal or Compostables Processing Sites..............................................................52
5.3.4 Recycling Market Adjustments ....................................................................................................53
5.3.5 New or Changes in Existing Taxes...............................................................................................54
5.4 CHANGE IN LAW......................................................................................................................................54
6.FAILURE TO PERFORM. REMEDIES. TERMINATION.......................................................................... 54
6.1 PERFORMANCE FEES................................................................................................................................54
6.2 CONTRACT DEFAULT................................................................................................................................57
7.NOTICES........................................................................................................................................ 59
&GENERAL TERMS........................................................................................................................... 59
8.1 COLLECTION RIGHT..................................................................................................................................59
8.2 ACCESS TO RECORDS.................................................................................................................................60
8.3 INSURANCE.............................................................................................................................................60
8.3.1 Minimum Scope of Insurance...................................................................................................60
8.3.2 Minimum Amounts of Insurance.................................................................................................61
8.3.3 Other Insurance Provisions..........................................................................................................61
8.3.4 Acceptability of Insurers..............................................................................................................62
8.3.5 Verification of Coverage..............................................................................................................62
8.3.6 Subcontractors............................................................................................................................ 62
8.4 PERFORMANCE BOND..............................................................................................................................62
8.5 INDEMNIFICATION...................................................................................................................................63
8.5.1 Defend, Indemnify and Hold Harmless........................................................................................63
8.5.2 Process.........................................................................................................................................63
8.6 CONFIDENTIALITY OF INFORMATION...........................................................................................................64
8.7 ASSIGNMENT OF CONTRACT......................................................................................................................64
8.7.1 Assignment or Pledge of Money by the Contractor....................................................................64
8.7.2 Assignment, Subcontracting, Delegation of Duties.....................................................................64
8.7.3 Change of Trade Name................................................................................................................65
8.8 LAWS TO GOVERN/VENUE........................................................................................................................65
8.9 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.............................................................................65
8.10 PERMITS AND LICENSES..........................................................................................................................66
City of Federal Way iv July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
8.11 RELATIONSHIP OF PARTIES................................................................................ .......66
8.12 CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS.......................................................................................66
8.13 BANKRUPTCY........................................................................................................................................67
8.14 RIGHTTO RENEGOTIATE/AMEND.............................................................................................................67
8.15 FORCE MAIEURE...................................................................................................................................67
8.16SEVERABILITY........................................................................................................................................68
8.17 WAIVER...............................................................................................................................................68
8.18 INCORPORATION OF CONTRACTOR'S PROPOSAL IN RESPONSE TO CITY'S RFP..................................................68
8.19 DISPUTE RESOLUTION............................................................................................................................68
8.20 ENTIRETY.............................................................................................................................................69
EXHIBITS:
EXHIBIT A: Service Area
EXHIBIT B: Early Start of Service Support
EXHIBIT C: Recyclables List
EXHIBIT D: Service Support Resource Levels
EXHIBIT E: Contractor Rates
EXHIBIT F: Rate Modification Example
City of Federal Way v July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
This Comprehensive Garbage, Recyclables, and Compostables Collection Services Contract
(hereafter, "Contract"), passed by the Federal Way City Council at its regular meeting on the day of
2019. This Contract is made and entered into this day of , 2019 (hereafter
the "Date of Execution"), by and between the City of Federal Way, a municipal corporation (hereafter
"City"), and Waste Management of Washington, Inc. (hereafter "Contractor").
RECITALS
WHEREAS, the City has conducted a competitive process to select a contractor to provide Garbage,
Recyclables, and Compostables collection services to all residents, businesses, and institutions located
within the Service Area; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City
conducted a thorough and exhaustive competitive process; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City
had the right at any time during the process to reject any or all of the competitors, regardless of their
proposals or prices; and
WHEREAS, having completed the competitive process, the City has selected the best candidate to
provide the services outlined in the competitive process; and
WHEREAS, the Contractor represents and warrants that it has the experience, resources, and expertise
necessary to perform the services as requested in the competitive process; and
WHEREAS, the City desires to enter into this Contract with the Contractor for the services outlined in the
competitive process and included below;
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein
contained, the City and Contractor do agree as follows:
AGREEMENT
1. DEFINITIONS
The following definitions apply to terms used in this Contract:
Bulky Waste: Discrete items of Garbage of a size or shape that precludes collection in regular collection
containers. Bulky Waste includes: large appliances (such as refrigerators, freezers, stoves, dishwashers,
clothes washing machines or dryers), water heaters, furniture (such as chairs or sofas), televisions,
mattresses, and other similar large items placed at the Curb as discrete separate items. Bulky Waste
does not include piles of debris, car parts, construction or demolition debris, any item that would be
considered Hazardous Waste, or stumps.
City of Federal Way 1 July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Can: A Customer -owned Container that is a water -tight, galvanized sheet -metal or plastic container, not
exceeding four (4) cubic feet or thirty-two (32) gallons in capacity; fitted with two (2) sturdy looped
handles, one on each side; and fitted with a tight cover equipped with a handle.
Cart: A Contractor -provided 20-, 35, 64-, or 96-gallon wheeled Container with attached lid suitable for
collection, storage, and Curbside placement of Garbage, Recyclables, or Compostables. Cart size
variations up to ten percent (10%) are allowable with prior written permission from the City. Carts shall
be rodent and insect resistant.
Change of Control: The term "Change of Control" means any single transaction or series of related
transactions by which the beneficial ownership of more than fifty percent (50%) of the voting securities
of the Contractor is acquired by a person or entity, or by a related or affiliated group of persons or
entities, who as of the effective date of the Contract do not have such a beneficial interest; provided,
however, that intra-company transfers, such as transfers between different subsidiaries or branches of
the parent corporation of the Contractor, or transfers to corporations, limited partnerships, or any other
entity owned or controlled by the Contractor upon the effective date of the Contract, and transactions
effected on any securities exchange registered with the U.S. Securities and Exchange Commission, shall
not constitute a Change in Control.
City: The word "City" means the City of Federal Way, in King County, Washington. As used in the
Contract, use of the term "City" may include reference to the Mayor or his/her designated
representative(s). Where the context makes it apparent, references to staff, streets, rights -of -way,
activities and things refer to the staff, streets, rights -of -way and activities of the City, and things
belonging to or located within the City.
Commercial Customer: Non -Residential Customers, including businesses, institutions, governmental
agencies, and all other users of commercial -type Garbage collection services.
Compostables: Any organic waste material that is Source -separated for processing or composting, such
as Yard Debris and Food Scraps generated by any Residential or Commercial customers.
Contamination Reduction Plan: The plan developed by the Contractor and annually approved by the
City to address contamination in Recyclables and Compostables placed in Customers' Containers.
Contamination includes improperly prepared Recyclables and/or Compostables, materials that cannot
be recycled or composted, and excessive moisture.
Contractor: Waste Management of Washington, Inc., which has contracted with the City to provide all
Services identified in this Contract, including, but not limited to, collecting, transporting, and disposing
of Garbage and collecting, processing, marketing, and transporting Recyclables and Compostables.
Container: Any Can, Cart, Detachable Container, or Drop -box Container used in the performance of this
Contract.
Contract: Refers to this contract for comprehensive Garbage, Recyclables, and Compostable collection
services.
City of Federal Way 2 July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Contract Term: Refers to the term of this Contract as provided for in Section 2.
County: King County in Washington State.
Curb or Curbside: Refers to the Customers' property, within five (5) feet of the Public Street or Private
Road (or on the sidewalk without completely obstructing the sidewalk, if there is no Customer property
within five (5) feet of the Public Street or Private Road) without blocking driveways or on -street parking.
If extraordinary circumstances preclude such a location, Curbside shall be considered a placement
suitable to the Customer, convenient to the Contractor's equipment, and mutually agreed to by the City
and Contractor.
Customer: All account -holders and users of the Contractor's services within the City.
Date of Commencement of Service: September 1, 2020, which is the date that the Contractor agrees to
commence the provision of Services as described throughout this Contract, notwithstanding the early
service improvements referenced in Section 4.3 and Exhibit B.
Date of Execution: The date that this Contract is executed by all signatories.
Day/Days: Calendar days unless otherwise specified.
Detachable Container: A watertight metal or plastic container equipped with a tight -fitting cover,
capable of being mechanically unloaded into a collection vehicle, and that is not less than one (1) cubic
yard or greater than eight (8) cubic yards in capacity.
Driveway: A privately -owned and maintained way that connects a Single -Family Residence or parking
area/garage/carport with a Private Road or Public Street.
Drop -box Container: An all -metal loose material or compactor container with ten (10) cubic yards or
more capacity that is loaded onto a specialized collection vehicle.
Environmental Law: Any applicable federal, state, or local statute, code, or ordinance or federal or state
administrative rule, regulation, ordinance, order, decree, or other governmental authority as now or at
any time hereafter in effect pertaining to the protection of human health or the environment
Extra Unit: Excess material that does not fit in the Customer's primary Container. In the case of Garbage
and Compostables Cart services, an Extra Unit is 32-gallons and may be contained in either a plastic bag
or Can. In the case of Garbage Containers one (1) cubic yard or more in capacity, an Extra Unit is 96-
gallons.
Food Scraps: All compostable pre- and post -consumer food waste, such as whole or partial pieces of
produce, meats, bones, cheese, bread, cereals, coffee grounds, or egg shells, and food -soiled paper,
such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or
other paper products accepted by the Contractor's selected composting site. Food Scraps shall not
include dead animals, plastics, diapers, cat litter, liquid wastes, ashes, pet wastes, or other materials
prohibited by the selected composting facility. The range of materials handled by the Compostables
City of Federal Way 3 July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
collection program may be changed from time to time upon the mutual agreement of the Parties to
reflect those materials allowed by the jurisdictional health department for the frequency of collection
provided by the Contractor.
Garbage: All putrescible and non-putrescible solid and semi -solid wastes, including, but not limited to,
rubbish, ashes, industrial wastes, swill, demolition and construction wastes, dead small animals
completely wrapped in plastic and weighing less than fifteen (15) pounds, and discarded commodities
that are placed by Customers in appropriate Containers, bags, or other receptacles for collection and
disposal by the Contractor. Needles or "sharps" used for the administration of medication can be
included in the definition of "Garbage," provided that they are placed within a sealed, secure container
as agreed upon by the City and the Contractor and this handling is consistent with current County sharps
policy. The term "Garbage" shall not include Hazardous Wastes, Source -separated recyclable materials,
or Source -separated Compostables.
Hazardous Waste: Any hazardous, toxic, or dangerous waste, or material, or contaminant, pollutant, or
chemical, known or unknown, defined or identified as such in any existing or future local, state, or
federal law, statute, code, ordinance, rule, regulation, guideline, decree, or order relating to human
health or the environment or environmental conditions, including but not limited to any substance that
is:
A. Defined as hazardous by 40 C.F.R. Part 261.3 and regulated as hazardous waste by the United
States Environmental Protection Agency under Subtitle C of the Resource Conservation and
Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid
Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et
seq., as may be amended; or any other federal statute or regulation governing the treatment,
storage, handling, or disposal of waste imposing special handling or disposal requirements
similar to those required by Subtitle C of RCRA;
B. Defined as dangerous or extremely hazardous by WAC 173-303-040, as may be amended, and
regulated as dangerous waste or extremely hazardous waste by the Washington State
Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105
RCW, or any other Washington State statute, regulation or rule governing the treatment,
storage, handling, or disposal of wastes and imposing special handling requirements similar to
those required by Chapter 70.105 RCW; and
C. Any substance that comes within the scope of this definition as determined by the City after the
Date of Execution of this Contract.
Any substance that ceases to fall within this definition as determined by the City after the Date of
Execution of this Contract shall not be deemed to be Hazardous Waste.
King County Disposal System: The facilities owned, leased, or controlled by King County, Washington
for the disposal of Garbage, or such other site as may be authorized by the current King County
Comprehensive Solid Waste Management Plan and the Interlocal Agreement between the City and King
County.
City of Federal Way 4 July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Mixed -Use Building: A structure inhabited by both Residential and Commercial Customers.
Multifamily Complex: A multiple -unit Residence with four (4) or more attached or unattached dwellings
billed collectively for collection service.
Office Hours: The hours of 8:00 a.m. through 5:00 p.m., Pacific Standard Time, Monday through Friday
except for the holiday schedule specified in Section 4.1.6.
On -call: The provision of specified services only upon direct telephone, written, or e-mailed request of
the Customer to the Contractor.
Party: Either the City or the Contractor.
Parties: The City and Contractor.
Private Road: A privately -owned and maintained way that allows for access by a collection vehicle.
Public Street: A public right-of-way used for public travel, including public alleys.
Recycling: The preparation, collection, transport, processing, and marketing of Recyclables.
Recyclables: The materials designated as being part of a Residential or Commercial Recycling collection
program, as listed in Exhibit C.
Residence/Residential: A single-family and/or multifamily dwelling individually rented, leased, or
owned.
Services: Refers to the comprehensive Garbage, Recyclables and Compostables collection and
processing services provided by the Contractor pursuant to this Contract.
Service Area: The service boundaries indicated in Exhibit A as of the Date of Commencement of Service,
which shall be the City's corporate boundaries.
Single -Family Residence: All one -unit houses, duplexes, triplexes, four-plexes, and mobile homes that
are billed for collection service individually and located on a Public Street or Private Road.
Source -separated: Certain reclaimable materials that are separated from Garbage by the generator for
recycling or reuse, including but not limited to Recyclables, Compostables, and other materials.
Strike Contingency Plan: The plan the Contractor will develop pursuant to Section 4.1.19 of this
Contract.
Transition and Implementation Plan: The plan that the Contractor will develop pursuant to Section
4.1.21 of this Contract.
City of Federal Way 5 July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Unacceptable Waste: Materials not allowed in the City's collection program, including but not limited to
highly flammable substances, Hazardous Waste, liquid wastes, special wastes, certain pathological and
biological wastes, explosives, toxic materials, radioactive materials, material that the disposal facility is
not authorized to receive and/or dispose of, and other materials deemed by state, federal or local law,
or in the reasonable discretion of the Contractor, to be dangerous or threatening to health or the
environment, or which cannot be legally accepted at the applicable disposal facility.
WUTC: The Washington Utilities and Transportation Commission.
Yard Debris: Leaves, grass, prunings, branches and small trees. Materials larger than four (4) inches in
diameter or four (4) feet in length are excluded. Bundles of Yard Debris up to two (2) feet in diameter by
four (4) feet in length and no more than fifty (50) pounds, shall be allowed, and shall be secured by
degradable string or twine, not nylon or other synthetic materials. Un-flocked, undecorated whole
Christmas trees cut to less than six (6) feet in height are acceptable. Kraft paper bags or Cans labeled
"Yard Debris" may also be used to contain extra Yard Debris.
2. TERM OF CONTRACT
The Term of this Contract is ten (10) years and one month starting on the Date of Commencement of
Service. The City and Contractor, may, at the sole option of the City, extend the Contract for one
extension not to exceed two (2) years in duration. The extension shall be under the original terms and
conditions of this Contract or as the Contract may have been amended at the time of the extension. To
exercise the option to extend this Contract, written notice shall be given by the City to the Contractor
not less than one hundred eighty (180) days prior to the expiration of the Contract Term or the
expiration of a previous extension. With the Parties' written consent, the requirement of one hundred
and eighty days prior notice may be waived. At the time the City provides the Contractor with written
notice of extension the Contractor may provide the City with a written proposal detailing services,
terms, and rates for a longer contract extension or renegotiation of this Contract. The City shall review
the proposal and may, at its sole discretion, determine whether to enter into negotiations regarding the
proposal.
3. CONTRACTOR REPRESENTATIONS AND WARRANTIES
The Contractor represents and warrants to the City as follows:
• Organization and Qualification. The Contractor is duly incorporated, validly existing, and in good
standing under the laws of the state of Washington, and has all requisite corporate power and
authority to enter into and to perform its obligations under this Contract.
• Authority. The Contractor has the authority to execute this Contract, to make the
representations and warranties set forth in it, and to perform the obligations of the Contractor
under this Contract in accordance with its terms. This Contract has been validly executed by an
authorized representative of the Contractor, with the authority to sign on behalf of and bind the
Contractor, and this Contract constitutes a valid and legally binding and enforceable obligation
of Contractor.
City of Federal Way 6 July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
• Government Authorizations and Consents. The Contractor has or will obtain at its sole cost prior
to the Date of Commencement of Service any such licenses, permits, and other authorizations
from federal, state, and other governmental authorities, as are necessary for the performance
of its obligations under this Contract.
• Compliance with Laws. The Contractor is not in violation of, and will not knowingly violate, any
applicable laws, ordinances, or regulations, which may impact the Contractor's ability to
perform its obligations under this Contract or which may have any impact on the City. The
Contractor is not subject to any order or judgment of any court, tribunal, or governmental
agency that impacts its operations or assets or its ability to perform its obligations under this
Contract.
• Accuracy of Information. None of the representations or warranties in this Contract, and none of
the documents, statements, reports, certificates, or schedules furnished or to be furnished by
the Contractor pursuant to this Contract or in connection with the performance of the
obligations contemplated under this Contract, at any time contain or will contain untrue
statements of a material fact or omissions of material facts.
• Independent Examination. In accepting and fulfilling responsibilities established by this contract,
the Contractor represents and affirms that it has made its own examination of all conditions
affecting the performance of this Contract, currently and into the future, and of the quantity,
quality, and expense of labor, equipment, vehicles, facilities, properties, materials needed, and
of applicable taxes, permits, and applicable laws. The Contractor affirms that within the Service
Area it is aware of the present placement and location of in -place Containers. The Contractor
represents and warrants that it is capable of servicing Containers at their present locations, and
that it is capable of providing service to Customers in any areas of the Service Area that may be
built out or developed during the term of this Contract.
4. SCOPE OF WORK
4.1 General Collection System Requirements
4.1.1 Service Area
The Contractor shall provide all Services pursuant to this Contract throughout the entire Service Area.
Any areas annexed into the City during the term of this Contract shall be addressed outside of this
Contract through separate franchise or other arrangement. Unless the Contractor is providing solid
waste collection service within the annexed area under a WUTC certificate at the time of annexation,
the City shall have no obligation to offer such annexed areas to be served by the Contractor nor shall the
Contractor have an obligation to service such areas. If the Contractor is providing solid waste collection
service within the annexed area under a WUTC certificate at the time of annexation, then RCW
35A.14.900 shall govern the respective rights and obligations of the parties with respect to solid waste
collection service.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4.1.2 Service to Residences on Private Roads and Driveways
The Contractor shall provide Curbside service to all Residences located on Private Roads, except as
noted in this Section. Drive-in charges are to be used only for requested service on Driveways and are
prohibited on Private Roads. The Contractor shall use smaller limited -access service vehicles as
necessary to provide service to those Customers.
In the event that the Contractor believes that a Private Road cannot be safely negotiated or that
providing walk-in service on Driveways for Single -Family Residence Customers is impractical due to
distance or unsafe conditions, the Contractor may request that the City evaluate on -site conditions and
make a determination of the best approach for providing safe and appropriate service to the Customer.
The City's determination shall be final, provided that the Contractor shall not be required to endanger
workers, equipment, or property.
If the Contractor believes that there is a probability of Private Road or Driveway damage, the Contractor
shall inform the respective Customer(s) and may require a road damage waiver agreement in a form
previously approved by the City. In such event, if the Customer(s) refuse to sign such a road damage
waiver, the Contractor may decline to provide service on those Private Roads or Driveways, and the
Customer(s) will only be serviced from the closest Public Road access. Such determination that damage
is probable must be approved in writing by the City prior to any action or refusal of service by the
Contractor.
4.1.3 Hours/Days of Collection
All collections from Single-family Residential Customers and Residential zones, including mixed -use
areas shall be made between the hours of 7:00 a.m. and 6:00 p.m. on a consistent weekday, unless the
City authorizes a temporary extension of hours or days. Saturday collection is allowed to the extent
consistent with holiday and inclement weather schedules.
All collections from Commercial Customers shall be made between the hours of 6:00 a.m. and 6:00 p.m.,
Monday through Saturday, provided that service to those Customers shall neither disturb Residential
Customers in adjoining Residential zoned areas, nor violate the noise provisions of the Federal Way
Revised Code, as it currently exists and as amended in the future. Collections from Commercial
Customers within audible distance of Residential Customers shall be made only between the hours of
7:00 a.m. and 6:00 p.m., and no earlier than 9:00 a.m. on Saturday. In case of complaint, Contractor
shall adjust routes to eliminate noise impacts. Exemptions to the hour requirements may be granted in
writing in advance by the City to accommodate the special needs of Commercial Customers where
allowed by the Federal Way Revised Code. The City's noise ordinance, as it currently exists and as
amended in the future, may further restrict these terms and hours of collection.
4.1.4 Employee Conduct
The Contractor's employees collecting Garbage, Recyclables, or Compostables shall at all times be
courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their work
without delay, minimize noise, and avoid damage to public and private property. If on private property,
Contractor employees shall follow the regular pedestrian walkways and paths, returning to the street
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
after replacing empty Containers. Contractor employees shall not trespass or loiter, cross flowerbeds,
hedges, or property of adjoining premises, or meddle with property that does not concern them or their
task at hand. While performing work under the Contract, Contractor employees shall wear a
professional and presentable uniform with a company emblem visible to the average observer, and
carry photo identification on their person. At the City's option and direction, Contractor employees shall
work with groups or organizations, such as neighborhood community organizations, homeowner
associations, or the City's Utilities, Police, or Fire Departments, for training to recognize and call the
appropriate agency when suspicious activities are observed.
If any person employed by the Contractor to perform collection services is, in the opinion of the City,
incompetent, disorderly, or otherwise unsatisfactory, the City shall promptly document the
incompetent, disorderly, or unsatisfactory conduct in writing and transmit the documentation to the
Contractor with a demand that such conduct be corrected. The Contractor shall promptly investigate
any written complaint from the City regarding any unsatisfactory performance by any of its employees
and take immediate corrective action. The City reserves the right to request at any time that the
employee be removed from all performance of additional work under this Contract. The Contractor shall
remove the employee from Contract work within four hours of City notification.
4.1.5 Disabled Persons Service
The Contractor shall provide Single -Family carryout service from an exterior location convenient for the
Customer for Garbage, Recyclables, and Compostables in cases where no household member has the
ability to place Containers at the Curb, at no additional charge. The Contractor shall use criteria that are
fair and meet the needs of the City's disabled residents. These criteria shall comply with all local, state,
and federal regulations, and shall be subject to City review and approval prior to program
implementation, which shall not be unreasonably withheld by the City.
4.1.6 Holiday Schedules
The Contractor shall observe the same holiday schedule as the King County Transfer Stations. When
observed holidays fall on a regular collection day, the Contractor shall reschedule the remainder of the
week of regular collection to the next succeeding business day, which shall include Saturdays. The
Contractor may not collect Single -Family Residence and Multifamily Complex Garbage, Recyclables, or
Compostables earlier than the regular collection day due to a holiday. Commercial collections may be
made one (1) day early only with the consent of the Commercial Customer. Holiday scheduling
information shall be included in written program materials, on the Contractor's web site, and by press
releases to general news media in the Federal Way area by the Contractor the week prior to the holiday
affecting service.
4.1.7 Inclement Weather
The Contractor shall provide all collection services unless weather conditions are such that the
Contractor determines continued operation would result in danger to the Contractor's staff, area
residents, or property. In that event, the Contractor shall collect only in areas that do not pose a danger.
When inclement weather occurs, the Contractor shall notify the City by telephone or email of operation
plans by collection sector by 6:00 a.m. for that business day. Once Contractor vehicles are on -route, all
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
areas missed due to hazardous conditions shall be confirmed by a route supervisor, and an update of
missed collections by Customer type and vicinity shall be reported to the City not later than 6:00 p.m.
that business day. To the extent practical, the Contractor shall coordinate missed collections in Single -
Family Residence areas so that either all or none of their materials are collected. The Contractor shall
provide automated notification calls, texts, or a -mails (at Customers' preference) to all Customers
missed that day by 6:00 p.m., with information about the planned make-up service schedule by material
type.
As conditions change, the Contractor will also promptly update its website with collection status and
detailed Customer instructions specific for each impacted service day. On each inclement weather day,
the Contractor shall release notices to local newspapers and radio stations notifying residents of the
modification to the collection schedule.
For all Customers, the Contractor shall collect reasonable accumulated volumes of materials equal to
what would have been collected on the missed collection day(s) from Customers at no extra charge.
Following notification to the City, the Contractor will be provided temporary authorization to perform
collection services after regular collection hours and/or on Saturdays following disruptions due to
weather in order to finish collection routes.
The Contractor shall handle weather -related service interruptions as follows:
1. Single Family Customers: Make-up collection for Garbage, Recyclables, and Compostables
shall occur on that Customer's service day the following week.
2. The Contractor shall provide make-up collection service for Garbage, Recyclables, and
Compostables from Multifamily Complex and Commercial Customers as soon as weather
conditions allow safe operations.
In the event inclement weather prevents service on the same scheduled Single-family Residence
collection day(s) two or more weeks in a row (for example, no collection service for Tuesday Customers
two weeks running), make-up collection will be made on the next possible day. In these cases, the
Contractor shall not wait for the regularly scheduled collection day the following week to service that
area.
The Contractor and City will develop and implement a weather -related operations and communications
protocol to more specifically address management of service disruptions. This protocol will detail pre -
event and post -event inclement weather designation and recovery plans, as well as identifying potential
temporary collection sites. The inclement weather/disruption in service requirements in the preceding
paragraphs may be changed upon mutual written agreement of the Contractor and City at any time
during the term of this Contract to better serve Customers.
Weather policies shall be included in program information provided to Customers and on the
Contractor's city -specific webpage.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4.1.8 Suspending Collection from Problem Customers
The City and Contractor acknowledge that, in rare cases, some Customers may cause disruptions or
conflicts that make continued service to that Customer unreasonable. Those disruptions or conflicts may
include, but not be limited to, repeated damage to Contractor -provided containers, repeated suspect
claims of timely set -out followed by demands for return collection at no charge, repeated
unsubstantiated claims of Contractor damage to a Customer's property, repeated contamination of
Recyclables or Compostables, repeated instances of Unacceptable Waste included in Garbage, or other
such problems.
The Contractor shall make every reasonable effort to provide service to those problem Customers, -
however, the Contractor may deny or discontinue service to a problem Customer after prior written
notice is given to the City of the intent to deny or discontinue service, including the name, service
address, reason for such action, and whether reasonable efforts to accommodate the Customer and
provide services have occurred and failed. If the Customer submits a written appeal to the City objecting
to the Contractor decision, the City may, at its discretion, intervene in the dispute. In this event, the
decision of the City shall be final. The City may also require the denial or discontinuance of service to
any Customer who is abusing the service or is determined to be ineligible.
4.1.9 Missed Collections
If Garbage, Recyclables, or Compostables are set out inappropriately, improperly prepared, or
contaminated with unacceptable materials, the Contractor shall place in a prominent location a written
notification tag in accordance with the Contractor's Contamination Reduction Plan that identifies the
specific problem(s) and reason(s) for rejecting the materials for collection. Failure to provide proper
written notification to Customers, per the Contamination Reduction Plan referenced in Section 4.1.11,
of the reason for rejecting materials for collection shall be considered a missed collection and subject to
performance fees due to lack of proper Customer notification.
The failure of the Contractor to collect Garbage, Recyclables, or Compostables that have been set out by
a Customer in the proper manner on the appropriate day shall be considered a missed collection, and
the Contractor shall collect the materials from the Customer within one business day of the Contractor's
receipt of notification of the missed pick-up. The Contractor shall maintain an electronic record of all
calls related to missed collections and the response provided by the Contractor. Such records shall be
made available for inspection upon request by the City, and the information shall be included in monthly
reports. (See Reporting requirements set forth in Section 4.3.4).
If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor,
which the Contractor can prove through documentation (e.g., the Containers were not placed at the
curb on time and the driver documented that fact in a log, with a photograph, etc.), the Contractor may
charge the Customer an additional return trip fee for this service, provided the Contractor notifies the
Customer of this charge in advance and the Customer agrees to payment of the return trip fee. The
Contractor will not be liable for a missed collection in such case.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4.1.10 Same Day Collection
Garbage, Recyclables, and Compostables collection shall occur on the same regularly scheduled day of
the week for Single -Family Residence Customers. The collection of Garbage, Recyclables, and
Compostables from Multifamily Complexes and Commercial Customers need not be scheduled on the
same day.
4.1.11 Requirement to Recycle and Compost and Quality Assurance
The Contractor shall recycle or compost all Source -separated Recyclables and Compostables collected,
unless express prior written permission is provided by the City. The Contractor shall use facilities that:
• Process materials to a high standard to maximize the recovery and recycling of all incoming
recyclable and compostable materials;
• Are operated to minimize cross -contamination of materials that would result in otherwise
Recyclable materials being misdirected to a market or disposal where they would not be
recovered;
• Are designed and operated to minimize the residual stream of otherwise recoverable materials
destined for disposal.
• Have sufficient preprocess and screening staff and equipment to ensure that otherwise
recoverable materials are not cross -contaminated and rendered non -recyclable due to the
nature of the processing facility.
The City and Contractor agree that the Contractor is being fully compensated to recycle or compost
these collected materials, and that maximum cost-effective diversion of Recyclables and Compostables
from disposal is a primary objective of the services provided under this Contract.
Concurrently with the start of this Contract, the Contractor shall implement a Contamination Reduction
Plan for Recyclables and Compostables for tagging, probationary periods, material rejection, and
suspension of service. Contamination Reduction Plan elements will be highlighted that differ between
collection sectors (Single -Family, Multifamily, Commercial, and Drop -box). The Contamination Reduction
Plan will address thresholds for when contamination levels trigger Customer contact, when to place a
Customer on service probation for possible discontinued collection, when to suspend collection service
and remove the subject Carts or Containers, and finally but not limited to, procedures to allow a
Customer to reinstate and resume service after it has been suspended after following established
contamination reduction protocols. The Contractor shall implement the Contamination Reduction Plan
for all Customers and shall notify the City via email of any Customer being charged contamination fees
or facing service suspension. Specific actions are listed in Section 4.3.5 for the Contractor to address
contamination issues at Multifamily Complexes.
The Contractor and City shall annually update these procedures to ensure that contamination problems
are addressed promptly and fairly for all sectors. No later than November 1 of each year of the
Contract, the Contractor and/or City shall propose any desired changes to the Contamination Reduction
Plan for the following calendar year. The Contractor and City shall mutually agree upon changes to the
plan by December 31 of each year to continuously improve Recyclables and Compostables material
quality.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The City reserves the right to engage in product stewardship and/or waste prevention activities, and
Contractor acknowledges that product stewardship systems may alter the composition or quantity of
Recyclables set out for collection. Based on waste prevention, product stewardship efforts, or changed
market conditions, the City may elect to remove one or more materials from the Exhibit C list. The
Parties agree to determine if such removal from the Exhibit C list creates significant costs or savings, and
to explore changes in compensation per Section 5.3.
4.1.12 Routing, Notification, and Approval
The Contractor shall indicate, on a map acceptable to the City, the day of the week Garbage,
Recyclables, and Compostables shall be collected from each Single-family Residence.
The Contractor may change the day of collection by giving notice at least thirty (30) days prior to the
effective date of the proposed change and obtaining written approval from the City. On the City's
approval, the Contractor shall provide affected Customers with at least fourteen (14) days written,
telephone, and/or e-mail notice of pending changes of collection day. The Contractor shall obtain the
prior written approval from the City of the notice to be given to the Customer; such approval shall not
be unreasonably withheld.
4.1.13 Vehicle and Equipment Type/Age/Condition/Use
The Contractor shall use new 2020 or later model year collection vehicles for Garbage, Recyclables, and
Compostables collection services performed under this Contract. Back-up vehicles used fewer than
thirty (30) operating days a calendar year shall not be subject to the age that apply to regularly -used
vehicles, but shall be presentable, shall be in safe working order, and shall be subject to all other
conditions of this section. The accumulated annual use of individual back-up vehicles shall be reported
in the Contractor's monthly report.
Vehicles used in the performance of this Contract shall be of sufficient size and dimension to provide
service to all Customers, regardless of location. In some cases, this may mean that a small collection
vehicle, capable of servicing narrow and/or tight locations must be used, and the Contractor shall
procure, maintain, and operate those vehicles to ensure collection services are provided throughout the
Service Area.
Vehicles shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at least
once each week. All collection equipment shall have appropriate safety markings, including all highway
lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with current
statutes, rules, and regulations. Equipment shall be maintained in good condition at all times. Vehicles
shall be repaired and/or have damaged areas repainted upon showing rust on the body or chassis or at
the request of the City. All parts and systems of the collection vehicles shall operate properly and be
maintained in a condition compliant with all federal, state, and local safety requirements and be in a
condition satisfactory to the City. All vehicles shall be equipped with variable tone or proximity activated
reverse movement back-up alarms.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The Contractor shall maintain collection vehicles and Containers to ensure that no liquid wastes (e.g.,
Garbage or Compostables leachate) or oils (e.g., lubricating, hydraulic, or fuel) are discharged to
Customer premises or streets. Any equipment not meeting these standards shall not be used within the
Service Area until repairs are made. All collection and route supervisor vehicles used by the Contractor
shall be equipped with a minimum 10-gallon capacity spill kit. Clean-up of any discharge of liquid wastes
or oils that may occur from Contractor's vehicles or Containers shall be initiated within three (3) hours
of being noticed/notified by route staff, customers, or the City, and shall be performed by the
Contractor at its sole expense. Such clean-up or removal shall be documented with pictures, and notice
of such clean-up shall be provided to the City in writing. The Contractor shall notify the City -designated
spill reporting telephone number of any spills that enter drainages within four (4) hours. Failure by the
Contractor to clean-up the discharge in a timely fashion to the satisfaction of the City shall be cause for
performance fees, as described in Section 6.1. The Contractor shall notify the City and the Customer of
any leakage from non -Contractor -owned Containers within four (4) hours of observation so that repairs
may be made in a timely manner.
No advertising shall be allowed on Contractor vehicles other than the Contractor's name, logo, customer
service telephone number, and website address, unless otherwise previously approved in writing by the
City. Special promotional messages may be permitted by the City; provided they are either painted
directly on vehicles or on placards attached to vehicles. The City's approval must be granted in writing.
Vehicle inventory numbers shall be displayed on the passenger (right) door and rear panel of the vehicle
body and shall show, in lettering at least 12" high, an abbreviated truck designation number specific to
the City. For example, FW-1, FW-2, etc., limited to a two digit letter and numeral to aid in rapid
identification of vehicles to allow more precise reporting and correction of any unsatisfactory condition
related to specific vehicles. The City may approve a different numbering system proposed by the
Contractor provided that it meets the objective of rapid and memorable truck identification
All Contractor route, service, and supervisory vehicles shall be equipped with properly licensed two-way
communication equipment, capable of communicating within the entire Service Area. Collection vehicles
shall also be equipped with back-up cameras, as well as route -recording cameras integrated with their
on -board route management system.
All collection vehicles shall be equipped with global positioning systems ("GPS"), as well as an on -board
computer and data tracking system to track route progress and log non -set -outs, extras, and other
service issues. The system shall incorporate photo documentation of all persistent on -route service
issues for a particular Customer with repeated complaints. The Contractor's drivers shall be fully trained
and required to use these systems. The resulting data shall be uploaded to the Contractor's Customer
service database no less than hourly to allow Customer service and route management personnel to be
fully apprised of route progress, and be able to address misses and other Customer inquiries in near
real-time.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4.1.14 Container Requirements and Ownership
Contractor Garbage fees in Exhibit B include all costs of the associated Containers unless Container
rental for a particular service is specifically listed in Exhibit B, such as rent for Drop -box Containers.
Single -Family Residence, Multifamily Complex, and Commercial Customers must use Contractor -
provided Containers for their initial Container of Garbage collection service, with the exception of
compacting Drop -box Containers, which may be Customer -owned or leased from other parties. Plastic
bags or Cans may be used for excess volumes of Garbage, but not as a Customer's primary container.
All micro -cans, Cans, and Carts made obsolete at the start of this Contract that are unwanted by the
Customer shall be collected by Contractor and reused or recycled at no additional charge during the first
thirty (30) days following the Date of Commencement of Service. In the event the Customer retains and
uses a Can for Extra Units, the Contractor shall handle the Customer -owned Garbage Container in such a
way as to prevent undue damage. The Contractor shall be responsible for rectifying all Contractor -
caused unnecessary or unreasonable damage to Customer -owned Containers.
All Contractor -provided Containers shall be permanently, clearly, and prominently molded -in, molded -
on, imprinted, or otherwise labeled in a fashion that any reasonable person can readily determine the
size capacity and material preparation requirements of the Container. Contractor -provided Containers
shall not be screened, molded -in, molded -on, imprinted, or otherwise permanently labeled with the
Contractor's logo or company name.
All Contractor -provided Containers shall be delivered in fully working condition without needed
maintenance, repairs, and/or painting, and free of residue and odors from prior use.
In the event that a particular Customer repeatedly damages a Container or requests more than one
replacement Container during the term of the Contract or due to negligence or misuse, the Contractor
may charge the Customer for the depreciated value of the Container and shall forward in writing the
Customer's name and address to the City with a full explanation of incident(s). In the event that the
problem continues, the Contractor may discontinue service to that Customer, provided the City provides
prior written approval.
4.1.14.1 Garbage, Recyclables, and Compostables Carts
The Contractor shall provide a 20-, 35-, 64-, and 96-gallon Garbage Carts for the respective level of
Garbage collection, 35-, 64-, and 96-gallon Carts for Recyclables collection, and 35-, 64-, and 96-gallon
Compostables Carts for Compostables collection. All Carts shall be manufactured from a minimum of
fifteen percent (15%) post -consumer recycled plastic, with a lid that will accommodate a label. Carts
shall be provided to requesting Customers within seven (7) days of the Customer's initial request.
All Contractor -provided Carts shall be maintained by the Contractor in good condition for material
storage and handling; contain no jagged edges or holes; contain wheels or rollers for movement and be
equipped with an anti-skid device or sufficient surface area on the bottom of the container to prevent
unwanted movement. Carts shall contain instructions for proper use, including any Customer actions
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
that would void manufacture warranties (such as placement of hot ashes in the container causing the
container to melt), and procedures to follow to minimize potential fire problems.
Collection personnel shall proactively note damaged hinges, holes, poorly functioning wheels, and other
similar repair needs for Contractor -provided Carts (including those for Garbage, Recyclables, and
Compostables), and forward written or electronic repair notices that business day to the Contractor's
service personnel. Repaired or replacement carts shall be provided within seven (7) days at the
Contractor's expense. Any Cart that is damaged or missing due to an accident, collection truck
mechanical error, act of nature or the elements, fire, or theft or vandalism by a third party shall be
replaced no later than three (3) business days after notice from the Customer or the City at the
Contractor's expense. In the event that a Cart is inadvertently lost into a collection vehicle during
collection due to mechanical or operator error, the Contractor shall inform the Customer that business
day. All Cart repairs and replacements shall be at no charge to the Customer unless the Customer's
negligence has caused the damage.
4.1.14.2 Detachable Containers and Drop -box Containers
The Contractor shall furnish and install 1-, 1.S-, 2-, 3-, 4-, 6-, and 8-cubic yard Detachable Containers,
and 10-, 20-, 2S-, 30-, and 40-cubic yard un-compacted Drop -box Containers to any Customer who
requires their use for storage and collection of Garbage or Recyclables within three (3) days of the
Customer's request. Containers shall be located on the premises in compliance with any related
ordinance, and a manner satisfactory to the Customer and for collection by the Contractor.
The Contractor shall charge rent for temporary and permanent Drop -box Container service in
accordance with Exhibit B. The Contractor may not charge Customers any additional fees, charges, rates,
or any expenses in connection with Drop -box Container service other than the applicable fees listed in
Exhibit B.
Detachable Containers shall be watertight and equipped with tight -fitting metal or plastic covers; have
four (4) wheels for Containers 4-cubic yards and under unless site -specific conditions (slope or service
access) dictate the use of a non -wheeled Container; be in good condition for Garbage, Compostables, or
Recyclables storage and handling; be safe for the intended use; and, have no leaks, jagged edges, or
holes. Drop -box Containers shall be all -metal, and if requested by a Customer, equipped with a tight-
fitting screened or solid cover operated by a winch in good repair.
The Contractor shall contact the City's Fire Marshal and obtain a determination concerning the
conditions under which plastic Detachable Containers may be used. The Contractor may use plastic
Detachable Containers at all locations where allowed by the City's Fire Marshal. Each plastic Detachable
Container shall be marked with an additional sticker warning Customers and the Contractor's staff
where the Container may be placed as determined by the City's Fire Marshal.
Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary), at the Contractor's
expense before being delivered to a Customer. Steel Containers shall be repainted as needed, or upon
notification from the City. The Contractor shall provide a fee -based On -call Container cleaning service to
Customers.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
All Containers on Customers' premises are at the Contractor's risk and not the City's. The Contractor
shall repair or replace within one (1) business day any Container that was supplied by or taken over by
the Contractor and was in use if the City personnel, King County Health Department inspector, or other
agent having safety or health jurisdiction determines that the Container fails to comply with reasonable
standards or constitutes a surface water contamination, health, or safety hazard.
The Contractor shall place Detachable Containers in areas mutually agreed upon by the Contractor and
Customer with the least slope and best vehicle access possible. For Customers that must stage their
Detachable Containers on Public Streets or on significantly sloped hills, the Contractor shall make a good
faith effort to work with the Customer to ensure that Detachable Containers are not left unattended in
potentially problematic staging areas and are sufficiently restrained such that the Container may not roll
and cause harm to persons or property. The Contractor may require a Customer to attend to the
Containers immediately prior to and after collection. Any disputes arising between the Contractor and a
Customer as to what constitutes a "significantly sloped hill" or a "safety hazard" shall be submitted in
writing to the City, and the City's decision shall be final. Containers shall be replaced after emptying in
the same location as found, with all lids closed.
Customers may elect to use Containers from other sources, and shall not be subject to discrimination by
the Contractor regarding collection services, provided that such Containers are compatible with the
Contractor's collection equipment; however, Containers owned or secured by Customers must be
properly labeled with Contractor -provided stickers to be eligible for collection (except in the case of
compactor Containers). The Contractor is not required to service Customer Containers that are not
compatible with the Contractor's equipment.
4.1.14.3 Ownership
At the end of the Contract Term or in the event the Contract is terminated for any reason, any or all
Containers used by Contractor to provide Contract Services (including any Big Belly litter receptacles),
shall, at the option of the City, revert to City ownership without further compensation to the Contractor.
Containers that do not revert to City ownership shall by removed from Customer locations by the
Contractor within thirty (30) days of the expiration of this Contract. Temporary Containers, Compactor
Drop -boxes leased to Customers outside of this Contract, and all Containers held in reserve at the
Contractor's yard and not actively in service at a Customer location are excluded from this provision.
The City may elect to assign this potential ownership of said Containers to a third -party, and shall
provide written notice to the Contractor. Any remaining warranties associated with the Containers
described herein shall be transferred to the City or the City's assignee.
The City in advance accepts all such Containers in their "as -is, where -is" condition and without any
express or implied warranty by the Contractor of any kind, including but not limited to any warranty of
fitness for any particular purpose or any warranty of merchantability. As between the City and the
Contractor, the City assumes all risks of loss or liability on account of the City's exercising of its rights
under this Section 4.1.14.3 or any use made of any such Containers after they become the property of
the City or assignee of the City.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4.1.14.4 Container Colors and Labeling
Contractor -provided Carts and Detachable Containers for Recyclables shall be blue, Compostables Carts
shall be green, and Carts and Detachable Containers for Garbage shall be grey. Specific Container colors
shall be approved in writing by the City prior to the Contractor's initial order of new Containers.
All Carts, including new and those in place at the beginning of this Contract, shall be labeled with
material preparation, and contact information that includes both the (253) 833-3333 customer service
phone number and the City's website address. All Carts shall be embossed or labeled with the type of
material to be placed in the cart with lettering no less than two inches high on both sides of the Cart. All
label messaging and embossed lettering shall be approved by the City prior to ordering by the
Contractor. Label location and label placement guidelines on Carts shall be subject to the City's prior
approval. Labels shall be reapplied when faded, damaged, or upon the City or customer request. If the
Garbage, Recycling, or Compostables collection program instructions on affixed labels becoming
obsolete, the Contractor at their sole expense shall produce and affix labels featuring current
information on all Carts.
All Detachable Containers and Drop -box Containers to be used for Garbage or Recyclables collection
shall have materials preparation instructions and telephone/contact information, including both a
customer service phone number and a website address, printed on a sticker, and subject to the prior
written approval of the City. All Detachable Containers and Drop -box Containers to be used for Garbage
or Recyclables shall have a sticker affixed that states: "Leaky dumpster? Damaged Lid?" and provides the
Contractor's applicable phone number to call for repair or replacement. Information shall be printed in a
size that is easily read by the users, on durable UV -resistant label stock squarely affixed to each
Container. All labels shall be approved in writing by the City prior to ordering by the Contractor. Label
location and label placement guidelines on Containers shall be subject to the City's prior written
approval.
All Contractor -provided Containers shall be relabeled by the Contractor if labels fade or are unreadable,
or upon City's request for any individual Container.
4.1.14.5 Container Weights
The Contractor shall not be required to lift or remove materials from any Container exceeding the safe
working capacity of the Container, lifting mechanism or collection vehicle. For Drop -box Containers, the
combined weight of the Drop -Box and contents must not cause the collection vehicle to exceed legal
road weight limits.
Any loose Extra Units that are not placed in a Container and must be manually loaded shall be limited to
fifty (SO) pounds per bag or bundle unless otherwise authorized by the Contractor.
4.1.14.6 Container Removal Upon City or Customer Request
The Contractor shall remove all Containers upon service cancellation within seven (7) days after the final
service date for which Customer payment is anticipated, or upon three (3) days of specific Customer,
property manager, property owner, or the City's request. Failure to remove Containers within the
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
specified timeline shall be subject to the same performance fees as delayed Container delivery for that
Customer sector. The contents of removed Containers shall be managed as if they were collected on a
regular route (e.g., Recyclables shall be recycled, Compostables shall be delivered for composting). The
disposal or recycling of materials accumulating in the Contractor's Container at the former Customer's
location after the final Customer -paid collection shall be at the Contractor's cost, not the former
Customer's cost.
4.1.15 Inventory of Vehicles and Facilities
The Contractor shall provide to the City, on the Date of Commencement of Service of this Contract, a
complete initial inventory of the vehicles and facilities to be used in the performance of this Contract.
The inventory shall include each vehicle (including chassis model year, type of body, material collected,
capacity, model, and vehicle identification number) and each facility to be used in performance of this
Contract (including address and purpose of the facility). The Contractor may change vehicles and
facilities from time to time, and shall include the revised inventory in the monthly report provided for in
Section 4.3.4.1. The Contractor shall maintain vehicles and facilities levels during the performance of this
Contract at least equal to those levels described in the initial inventory. The City reserves the right to
request maintenance history logs for vehicles or equipment during the performance of this Contract.
4.1.16 Spillage and Leakage of Vehicle Contents
All materials collected by the Contractor shall be completely contained in collection vehicles at all times.
Hoppers on all collection vehicles shall be cleared or emptied frequently to prevent blowing or spillage
of debris. All Drop -Box loads (both open and compactor) shall be properly and thoroughly covered or
tarped to prevent any spillage of material prior to Contractor vehicle entering any Private Road or Public
Street.
Any Contractor -caused spillage or leakage of materials, whether reported by Customers, Contractor
employees, or the City, shall be cleaned up or removed by the Contractor within four (4) hours of
occurrence at Contractor's sole expense. Such spillage or leakage shall be contained immediately by
Contractor employees, including immediate deployment of on -board "spill kits" to prevent or limit any
materials from entering the City's municipal stormwater system.
The Contractor shall develop spill response procedures for review and approval by the City before
initiating any work under this Contract. Prior to operating any vehicle in the City, all Contractor vehicle
drivers shall be provided with hands-on training on the location, maintenance, and use of "spill kits" and
associated containment and notification procedures. Such training shall be provided to all vehicle drivers
at least annually.
The Contractor shall be responsible for reimbursement of all City -incurred costs in the event that City
staff or agents subsequently provide spill containment or clean-up of spillage or leakage caused by the
Contractor.
In the event of leakage from Contractor vehicles or any Containers, the Contractor shall notify the
designated City contact and provide documentation including pictures taken before and after clean-up
or removal, along with incident description and location, how and when Contractor learned of the
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incident, and a summary of measures used to correct the incident. This information will be reported via
e-mail to the Contract administrator within one (1) business day of the incident.
If the leakage is due to faulty door or gate seals on Contractor's equipment, repairs shall be completed
before the equipment returns to operation in the City. Any Contractor -supplied Container reported to
be leaking by the City, Contractor employees, or Customers shall be replaced by the Contractor within
one (1) business day of notification.
Leakage or spillage not cleaned up or removed by the Contractor within the required time frame shall be
cause for performance fees as described in Section 6.1, and may also be subject to fines and penalties
pursuant to City municipal code. Contractor expressly acknowledges it is solely responsible for any local,
state, or federal violations which may result from leakage or spillage resulting from Contractor's
operations.
Failure of the Contractor to comply with all clauses in this Section shall be cause for performance fees,
as described in Section 6.1.
4.1.17 Disruption Due to Construction
The City reserves the right to construct any improvement or to permit any such construction in any
Public Street in such manner as the City may direct, which may have the effect for a time of preventing
the Contractor from traveling the accustomed route or routes for collection; However, the Contractor
and the City shall develop a reasonable workaround to enable the Contractor to continue to collect
Garbage, Recyclables, and Compostables to the nearest extent possible as though no interference
existed upon the streets or alleys normally traversed. These services shall be performed at no extra fee
or cost to the City or the Contractor's Customers.
4.1.18 Contractor Labor Negotiations, Strike Contingency Planning, and Performance During Labor
Disruption
No later than ninety (90) days prior to the expiration of any labor agreement associated with services
performed under this Contract, the Contractor shall provide the City in writing with its planned response
to labor actions that could compromise the Contractor's performance under this Contract. The
Contractor -prepared Strike Contingency Plan shall address in detail:
1. The Contractor's specific staffing plan to cover Contract services, including identification of staff
resources moved from out -of -area operations and the use of local management staff to provide
basic services. The staffing plan shall be sufficient to provide recovery of full operations within
one (1) week following the initiation of the disruption.
2. Contingency training plans to ensure that replacement and management staff operating routes
are able to continue to collect route data and follow collection and material delivery procedures
for all material streams collected from Customers.
3. Identification of staffed temporary Drop -box Containers or staffed packer truck locations for all
material streams. For all sites identified in the Contractor -prepared Strike Contingency Plan, the
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Contractor shall list the property owner/lessee's contact information and the date on which
permission for temporary use was received. The City shall review these locations, after which
the City shall approve or deny in writing use of specific locations.
4. A recovery plan to address how materials will be collected in the event of a short -notice
disruption (e.g., a wildcat strike) that does not allow the Contractor to collect all materials on
their regular schedule within one (1) week following the initiation of the disruption.
The Contractor shall keep the City informed of the status of active labor negotiations on a timely basis.
During the active negotiation phase near the end of labor contracts with Contractor employees or at any
time when strike authorization is under active consideration by Contractor's employees, the Contractor
shall keep the City informed on a daily basis. In the event that labor disruptions of any kind result in
reductions in service delivery, the Contractor shall inform the City within three (3) hours by phone and
e-mail of the nature and scope of the disruption, as well as the Contractor's plans for activating Strike
Contingency Plan elements. The Contractor shall report to the City via e-mail the areas (per a detailed
map) and customer counts of served and un-served customers by material stream and service sector at
the close of each service day on which collection operations have been impacted.
During recovery from the impacts of an active Labor Disruption, the Contractor shall provide make-up
collection on Saturday for all Single-family Garbage, Compostables, and Recyclables collection
Customers missed as a result of the Labor Disruption.
In the event that a disruption lasts more than one (1) week for Garbage and Compostables or two (2)
weeks for Recyclables for Single-family Residential Customers, the Contractor with approval of the City
shall provide staffed Drop -box Containers and/or staffed packer trucks for Customer use for each
affected material stream in approved locations throughout the affected service areas. The Contractor
will also provide the collection of the equivalent volume of each material that would normally have been
collected if no Labor Disruption had occurred, at no additional charge on the next regular collection day
for each material.
The City and Contractor agree that the following special compensation and performance fees reflect the
best estimate of the impacts of the Labor Disruption to Customers and the City. (In addition to any
regularly due Administrative fee) The Contractor shall pay the City monthly by the tenth day of the
following month:
1. A performance fee of two thousand five hundred dollars ($2,500) a day for each day of Labor
Disruption from the 1st day to the 7th day of the Labor Disruption;
2. A performance fee of five thousand dollars ($5,000) a day for each day of Labor Disruption from
the 8th day to 14th day of the Labor Disruption; and
3. A performance fee of ten thousand dollars ($10,000) a day for each day of Labor Disruption for
every day beyond the 141h day of Labor Disruption.
The performance fees listed as 1 through 3, above, are intended to apply to any complete work
stoppage where alternative but substantially equivalent service by non -striking employees is not
provided by the Contractor or otherwise. In the event substantially equivalent service is provided by the
Contractor through the employment of non -striking employees at any point during the course of the
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
labor disruption, the Contractor is entitled to reduce the amount of the performance fees that
otherwise would be due on a pro-rata basis, based on the percentage of Contract service provided to
Customer provided on that day. Given the nature of the array of pervasive service interruptions arising
from labor disruptions, the Contractor shall not be allowed any cure period opportunity; provided,
however, that the City may elect to receive the equivalent value of additional services, as negotiated, in
lieu of some or all of these labor disruption -specific performance fees.
The Contractor's failure to comply with the Contractor -prepared Strike Contingency Plan of this section
shall be subject to a special fee of five hundred dollars ($500) per day for its non-compliance during the
Labor Disruption event as determined solely by the City. This special fee is separate compensation to the
City for the Contractor's failure to plan and execute the provisions of this section. The special fee shall
be paid to the City within thirty (30) days of the Contractor's receipt of the City's invoice.
Fees paid by the Contractor under the terms of this Section 4.1.18 are not regular performance fees for
the purposes of Section 6 and shall not be counted in the cumulative performance fee default threshold
referenced in Section 6.2 (6).
4.1.19 Site Planning and Building Design Review
The Contractor shall, upon request and without additional cost, make available site planning assistance
to either the City and/or property owners or their representatives. The site planning assistance shall be
available for all new construction or remodeling of buildings and structures within the Service Area, and
shall address the design and planning of Garbage, Recyclables, and Compostables container storage and
Contractor service access areas and their location upon the site of the proposed construction or
remodeling project. Contractor planning assistance for optimizing loading docks and other areas shall
also be available for existing building managers when realigning Garbage, Recyclables, and
Compostables services. Contractor planning assistance shall be provided within five (5) working days of
request.
Assistance shall include, but not be limited to, reviewing and providing comments on building designs
and site plans to ensure that those designs and plans incorporate:
• Garbage, Recyclables, and Compostables removal areas and their location upon the site of the
proposed construction or remodeling project;
• Adequate floor and vertical space for the storage and collection of Containers for all materials;
adequate access for vehicles to collect and empty Containers, including overhead clearance,
turning radius, and access that does not require backing across sidewalks or violating any City
code;
• Avoidance of surface water drains and ditches when considering Container locations and
developing strategies for containment of any potential leaks; and,
• Strategies to reduce interior and exterior noise and emissions.
All communications regarding this process shall be conducted electronically via email.
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4.1.20 Safeguarding Public and Private Facilities
Contractor shall protect all public and private improvements, facilities, and utilities whether located on
public or private property, including, but not limited to, streets, curbs, signs/posts, light poles, and
planting strips. If such improvements, facilities, utilities, or streets are damaged as a result of
Contractor's operations, Contractor shall notify the City in writing of all damage within four (4) hours,
and Contractor shall repair or replace the same or pay the City for the costs of repairs, including
overhead and administrative costs. If the damage creates a public safety issue that requires an
immediate response, Contractor shall, along with notifying the City in writing, call the City to inform
them of such matter. If Contractor fails to do so within seven (7) days unless mutually agreed, the City
shall cause repairs or replacement to be made, and the cost, including overhead and administrative
costs, of doing so shall be paid by the Contractor.
4.1.21 Transition and Implementation of Contract
The Contractor shall develop, with the City's input and prior written approval, and submit to the City no
later than one hundred and twenty days (120) days after the Date of Execution of this Contract, a
Transition and Implementation Plan for introducing the new and revised services to the different
Customer sectors (i.e., Single-family, Multifamily Complex, and Commercial Customers), and detailing a
specific timeline as to when different activities and events will occur, including details of Container
delivery, how different events impact other events in the timeline and the process to be used to ensure
that implementation occurs with no disruption. The Transition and Implementation Plan shall cover the
entire period following the Date of Execution of this Contract, up through and including the six (6)
month period following the Date of Commencement of Service. The Contractor shall separately describe
in detail what is involved with each of the activities and events listed in the timeline. The Transition and
Implementation Plan shall specifically address how the Contractor intends to proceed in the event of
inclement weather and what contingency plans will be in place to accelerate implementation if
Container delivery or other planned activities are impacted by inclement weather.
The Contractor shall be responsible for funding all the design, development, printing, sorting, mail prep,
delivery, and mailing costs, including the cost of the postage -prepaid mail -back cards and any costs
associated with the website ordering services, and of all new and continuing service and educational
materials described above and needed to comply with the Transition and Implementation Plan outreach
described in this section of the Contract.
Unless otherwise directed by the City, any additional promotional, educational, informational, and
outreach materials provided by the Contractor to Customers in connection with the initial transition and
implementation of the Contract shall be designed, developed, printed, and delivered by the Contractor,
at the Contractor's cost, and subject to the City's prior review and written approval and the City's final
approval as to method of delivery. The City will be provided a minimum of two (2) weeks to review the
outreach materials included in the Contractor's Transition and Implementation Plan schedule to allow
sufficient time for the City's prior review and written approval.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4.1.22 Performance Review
The City may, at its option, and upon reasonable notice to the Contractor, conduct a review of the
Contractor's performance under this Contract. If conducted, the performance review shall include, but is
not limited to, a review of the Contractor's performance relative to requirements and standards
established in this Contract, including Customer service standards. The Contractor agrees to fully
cooperate with the performance review and work with City staff and consultants to ensure a timely and
complete review process.
The results of the performance review shall be presented to the Contractor within thirty (30) days of
completion. Should the City determine that the Contractor fails to meet the Contract performance
requirements and standards, the City shall give the Contractor written notice of all deficiencies. The
Contractor shall have sixty (60) days from its receipt of notice to correct deficiencies to the City's
satisfaction. If the Contractor fails to correct deficiencies within sixty (60) days, the City may allow the
Contractor additional time to comply, accept other remedies for the service failure, or proceed with the
contract default process pursuant to Section 6.2 of this Contract, at the City's sole option.
The costs of the development and implementation of any action plan required under this Section 4.1.22
or Section 6.1 for the purpose of addressing failures on the part of the Contractor to perform in
accordance with the terms and conditions of this Contract shall be paid for solely by the Contractor, and
the costs of developing or implementing such action plan shall not be passed on to Customers or the
City, or included in rates or fees charged to Customers.
The City may, at its option, and upon reasonable notice to the Contractor, design and implement an
alternative annual Contract compliance monitoring program with or without Contractor performance
incentives. If such a program is desired by the City, the City and Contractor agree to negotiate in good
faith the monitoring methodologies used to ensure accurate and unbiased sampling of performance
data. The City shall bear the costs of City staff, City -retained consultants and performance incentives (if
used) and the Contractor shall bear the costs of Contractor staff and route costs to perform the
monitoring.
4.1.23 Continual Monitoring and Evaluation of Operations
The Contractor's supervisory and management staff shall be available to meet with the City at either the
Contractor's office or City's offices, at the City's option, on a weekly basis during the period three (3)
months before and two (2) months after the Date of Commencement of Service and monthly
throughout the term of the Contract to discuss operational and Contract issues.
The Contractor shall continually monitor and evaluate all operations to ensure that compliance with the
provisions of this Contract is maintained.
The City may periodically monitor collection system parameters such as participation, Container
condition, contents weights, and waste composition. The Contractor shall assist and fully cooperate with
the City by coordinating the Contractor's operations with the City's periodic monitoring to minimize
inconvenience to Customers, the City, and the Contractor. The Contractor also shall provide full access
to equipment, processing facilities, route and Customer service data, safety records, and other
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
applicable information. The City's review of Contractor activities and records shall occur during normal
Office Hours and shall be supervised by the Contractor's staff.
4.1.24 Collection/Disposal Restrictions
Unless otherwise directed by the City, all Garbage collected under this Contract, as well as residues from
processing Recyclables and Compostables (to the extent required for the City to comply with its Solid
Waste Interlocal Agreement with King County), shall be delivered to the King County Disposal System in
compliance with all King County rules regarding such disposal. On any particular route, the Contractor
shall collect Garbage and deliver it directly to the King County Disposal System, without adding material
from routes or customers in other jurisdictions, unless prior written authorization is provided by the City
for that particular route.
Garbage containing obvious amounts of yard debris shall not knowingly be collected from Customers
and instead prominently tagged with a written notice informing the Customer that King County does not
accept yard debris mixed with Garbage for collection.
The Contractor shall not knowingly collect or dispose of Unacceptable Waste or other materials that are
either restricted from disposal or would pose a danger to collection employees. Whenever Contractor
rejects or does not collect materials for this reason, the Contractor shall leave a written notice in a
prominent location with the rejected materials to describe why rejected materials were not collected
and providing the Customer with a contact for further information about proper disposal options for
such materials.
Title to and liability for any Unacceptable Wastes that are included with any materials collected under
this Contract by Contractor despite the City's and Contractor's attempts to prevent the inclusion of such
materials shall not pass to Contractor, but shall remain with the party from whom such Unacceptable
Waste or any such other materials or substances is received.
Garbage collected by the Contractor may be processed by the Contractor to recover recyclable material;
provided, however, that the residual is appropriately disposed of within the King County Disposal
System. The processing of such recyclable material shall only be undertaken with the prior written
approval of King County and the City and in accordance with the Solid Waste Interlocal Agreement
between King County and the City. Contractor in all such instances shall charge Customers no more than
the equivalent Garbage disposal fee within the King County Disposal System or such other disposal fee
as the City reasonably directs the Contractor to charge. In addition, hauling fees charged by the
Contractor in such instances shall be no higher than those provided for in Exhibit B.
In the event that the City wishes to conduct a waste composition analysis, the Contractor, upon
reasonable notice from the City, shall deliver collected Garbage from one or more routes to the
designated sorting site and shall coordinate with the City to ensure successful sampling. In the event
that the sorted Garbage requires delivery to a County authorized disposal site, the City shall pay the
Contractor for that delivery based on the Contractor's standard Container rental and hauling rates.
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4.1.25 Emergency Response
The Contractor shall assist the City in the event of a disaster or emergency declaration. Contractor
services shall be provided as soon as practical upon City direction and paid at the Contract rates in
Exhibit B.
The Contractor shall keep full and complete records and documentation of all costs incurred in
connection with disaster or emergency response, and include such information in the monthly and
annual reports required under Section 4.3.4. Contractor shall maintain such records and documentation
in accordance with the City's prior written approval and any standards established by the Federal
Emergency Management Agency, and at the City's request, shall assist the City in developing any reports
or applications necessary to seek federal assistance during or after a federally -declared disaster.
4.1.26 Early Implementation
The Contractor's previous contract with the City dated March 1, 2010 shall continue to guide service
delivery between the Date of Execution and the Date of Commencement of Service of this new Contract,
with the exception that the Contractor and the City agree that certain service improvements shall be
implemented no later than September 1, 2019. These improvements are specified in Exhibit B. In the
event that any conflict exists between the previous contract and the improved services specified in
Exhibit B, the new services shall be adopted in preference to the previous contract standards.
4.2 Collection Services
4.2.1 Single -Family Residence Garbage Collection
4.2.1.1 Subject Materials
The Contractor shall collect all Garbage placed at Curbside for disposal by Single -Family Residence
Customers all properly prepared and contained materials in and adjacent to Garbage Carts, Cans, and
bags.
4.2.1.2 Containers
The Contractor shall provide collection Containers to Customers at no additional charge as part of the
Customer -chosen service level. Garbage Carts shall be delivered by the Contractor to Single -Family
Residence Customers within seven (7) days of the Customer's initial request. Each Customer's initial
Container must be Contractor -provided Container, provided that Garbage in excess of the Customer's
initial Container may be bundled or placed in a Customer -owned Can or plastic bag.
4.2.1.3 Specific Collection Requirements
The Contractor shall offer regular weekly collection of the following service levels:
1. One 20-gallon Garbage Cart;
2. One 35 gallon Garbage Cart;
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
3. One 64-gallon Garbage Cart; and
4. One 96-gallon Garbage Cart.
The Contract shall also offer a service of once per month collection of non-putrescible waste in a 35-
gallon Cart.
Once each year through the use of an on -demand call -based service, the Contractor shall provide a
curbside collection service to handle bulky materials at no additional charge to Single -Family Residence
Customers. Each service shall accept two categories of bulky household items: (A) up to one (1) cubic
yard of individual small items not larger than three (3) feet by three (3) feet, with each individual item
weighing not more than fifty (50) pounds; and (B) up to three (3) larger items, including all appliances
(white goods), mattresses, sofas, furniture, barbecues, carpet (in rolls no larger than six (6) feet in length
and one (1) foot in diameter) and hot water tanks. The Contractor shall have discretion to refuse any
Unacceptable Waste items, if instructions are provided to the Customer for proper disposal.
Carry -out charges shall be assessed only to those Customers who choose to have the Contractor move
Containers to reach the collection vehicle at its nearest point of access. Carry -out charges shall be
assessed in twenty-five (25) foot increments only to those Customers for whom the Contractor must
move a Container over five (5) feet to reach the curb at the collection vehicle's nearest point of access.
Carry -out service Customers must place their Containers in a location visible from a collection vehicle at
street level and along a fully paved access way. Garbage in excess of Container capacity or the
subscribed service level shall be collected and properly charged as Extra Units to the Customer; with the
exception of excess Garbage collection otherwise required under this Contract at no additional charge to
the Customer. The Contractor shall maintain route lists in sufficient detail to allow accurate recording
and charging of all Extra Units. Customers shall be allowed to specify that no Extra Units be collected
without prior Customer notification (colloquially referred to as a "take no extra" account), which shall be
provided by the Single -Family Residence Customer no less than one (1) business day prior to that
Customer's regular collection.
Collections shall be made from Single -Family Residences on a regular schedule on the same day and as
close to a consistent time as possible. The Contractor's employees shall make collections in an orderly
and quiet manner, and shall return all Containers, in an upright position, with lids closed and attached,
to their original set out location.
Extra charges may be assessed for materials loaded so as to lift the Can, or Garbage Cart lid in excess of
six (6) inches from the normally closed position. Overweight Containers shall be left at the Curb and
tagged with written notification as to why it was not collected. Customers may specify to the Contractor
that they may not be charged for Extra Units, in which case any such Containers shall be left at the Curb
uncollected and tagged with written notification as to why it was not collected.
4.2.2 Single -Family Residence Recyclables Collection
4.2.2.1 Recyclable Materials
Residential Recyclables shall be collected from all participating Single -Family Residences Customers as
part of basic Garbage collection services, without extra charge. If operational or recycling processing
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improvements are made that allow additional materials to be recycled at no additional cost to the
Contractor, the Contractor agrees to expand the defined list of Residential Recyclables to cover such
materials, subject to prior written approval by the City. The Contractor shall collect Curbside prepared
and either called -in or set -out Recyclables as described in Exhibit C.
4.2.2.2 Containers
The Contractor shall provide collection Containers to Customers at no charge. The default Recycling Cart
size shall be 96-gallons, provided that the Contractor shall offer and provide 35- or 64-gallon Recycling
Carts on request to those Single -Family Residence Customers requiring less capacity than provided by
the standard 96-gallon Recycling Cart.
Recycling Carts shall be delivered by the Contractor to new Single -Family Residence Customers, those
Customers requesting replacements, or Customers that had previously rejected their Recycling Cart,
within seven (7) days of the Customer's request.
4.2.2.3 Specific Collection Requirements
Single -Family Residence Recyclables collection shall occur every -other -week on the same day as each
household's Garbage and Compostables collection. Collections shall be made from Residences on a
regular schedule on the same day and as close to a consistent time as possible. The Contractor shall
collect on Public Streets and Private Roads in the same location as Garbage collection service is
provided. The Contractor's employees shall make collections in an orderly, non -disruptive and quiet
manner, and shall return Containers with their lids closed and attached to their set out location, and out
of any Public Street, in an orderly manner.
The defined list of Residential Recyclables in Exhibit C shall be collected from all participating Single -
Family Residences as part of basic Garbage collection services, without extra charge. The Contractor
shall collect all Residential Recyclables from Single -Family Residences that are placed in Contractor
owned Carts or are boxed or placed in a paper bag next to the Customers' Recycling Cart. Recyclables
must be prepared as described in Exhibit C and uncontaminated with food or other residues. No limits
shall be placed on set -out volumes for Curbside Recyclables, other than those specifically listed in
Exhibit C. In the event that large quantities of commercially -generated materials are consistently set out
at a Single -Family Residence, the Contractor shall request the resident to use a larger Recycling Cart or
use commercial recycling services for the excess volumes. If the resident continues to set out
commercial quantities of Recyclables, the Contractor shall notify the City for further action.
4.2.3 Single -Family Residence Compostables Collection
4.2.3.1 Subject Materials
Properly -prepared Compostables shall be collected from all Single -Family Residence Customers that
subscribe and pay for that service.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4.2.3.2 Containers
The Contractor shall provide one Compostables Cart and collection service to each subscribing Customer
at the specified rate and shall also provide additional Compostable Carts and service at the additional
Compostable Cart fee provided in Exhibit E to Customers requesting that additional service. The default
Compostables Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 35- or
64-gallon Compostables Carts on request to those Single -Family Residence Customers subscribing to
those lower levels of service.
Excess Yard Debris material that does not fit in a Compostables Cart shall be bundled or placed in Kraft
paper bags or properly labeled Customer -owned Cans. Customers choosing to use their own Can for
excess Yard Debris shall be provided durable stickers by the Contractor that clearly identify the
container's contents as "Yard Debris." Excess Yard Debris shall be charged at the Extra Compostables
Unit rate specified in Exhibit E.
Compostables Carts shall be delivered by the Contractor to new subscribing Customers and Customers
requesting a replacement Compostables Cart within seven (7) days of the Customer's request. The
Contractor shall include instructional materials regarding Food Scrap recycling via Compostables Carts,
subject to the City's prior written approval.
The Contractor shall provide an on -call fee -based Compostables Container cleaning service to Customers
at the rate provided in Exhibit E.
4.2.3.3 Specific Collection Requirements
Properly prepared Compostables shall be collected weekly on the same day as each household's
Garbage and Recyclables collection from all subscribers. Collections shall be made from Single -Family
Residence subscribers on a regular schedule on the same day and as close to a consistent time as
possible. Compostables in excess of 96 gallons may be charged at the additional Cart rate (if that
Customer has ordered one or more additional Compostables Carts) or as Compostables Extra Units in 32
gallon increments in accordance with Exhibit E.
Upon direction from the City, for two collection cycles immediately following a City -designated storm
event, up to 96 additional gallons of loose or bagged storm debris shall be accepted with regular
quantities of Compostables without extra charge, provided that the materials are prepared and set -out
as described for excess Yard Debris in the prior section. The City shall designate no more than three (3)
storm events each calendar year. This service shall be available only to Compostables service
subscribers.
Compostables may be placed in Carts, paper bags, bundles, or relabeled Cans next to the initial
Compostables Cart, provided that Food Scraps shall be contained in the initial Cart and only Yard Debris
shall be placed in bags, bundles, or open cans.
The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage
collection is provided. The Contractor's employees shall make collections in an orderly and quiet
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manner, and shall return Containers in an upright position, with lids attached, to their set out location
and out of the public street.
Upon one -hundred -eighty -days (180) written notice from the City, the Contractor shall shift Single -
Family Residence Compostables collection from subscription -based to embedded in Customer's Garbage
rates. In the event that the City implements this -option, subscribers shall no longer be charged fees for
their initial Compostables Cart service and the Single -Family Garbage rates in Exhibit E shall be increased
by $9.48/month plus the City's then -current Administration Fee and corresponding State B&0 tax on the
Administrative Fee related to this increase, subject to the rate modification provisions of Section 5.3.1.
4.2.4 Multifamily Complex and Commercial Customer Garbage Collection
4.2.4.1 Subject Materials
The Contractor shall collect all Garbage set out for disposal by Multifamily Complex and Commercial
Customers in or properly prepared and contained materials next to Containers.
4.2.4.2 Containers
Multifamily Complex and Commercial Customers shall be offered a full range of Container and service
options, including Garbage Carts, one (1) through eight (8) cubic yard non -compacted Detachable
Containers, and collection from one (1) through six (6) cubic yard Customer -owned or leased compacted
Detachable Containers. Containers shall be provided to Customers at no charge, except for compacting
Containers or unless otherwise set forth in this Contract and directed by the City.
Materials in excess of Container capacity or the subscribed service level shall be collected and properly
charged as Extra Units as directed by the City. The Contractor shall develop and maintain route lists in
sufficient detail to allow accurate recording and charging of all Extra Units.
The Contractor may use either or both front -load or rear -load Detachable Containers to service
Multifamily Complex and Commercial Customers. However, not all collection sites within the City
Service Area may be appropriate for front -load collection due to limited maneuverability or overhead
obstructions. The Contractor shall provide Containers and collection services capable of servicing all
Customer sites, whether or not front -load collection is feasible.
Containers shall be delivered by the Contractor to requesting Multifamily Complex and Commercial
Customers within three (3) days of the Customer's initial request.
4.2.4.3 Specific Collection Requirements
Collections from both Multifamily Complex and Commercial Customers shall be made on a regular
schedule on the same day and as close to a consistent time as possible to minimize Customer confusion.
The Contractor shall provide locks for Containers upon request and remove and replace Containers from
enclosures and position (roll -out) Containers up to twenty-five (25) feet for Garbage (and Recycling and
Compostable) collection at no additional charge. Additional roll -out charges may be assessed in twenty -
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five (25) foot increments only to those Multifamily Complex and Commercial Customers for whom the
Contractor must move a Container over twenty-five (25) feet to reach the collection vehicle at its
nearest point of access. Extra charges may be assessed for materials loaded so as to lift the Container lid
in excess of six (6) inches from the normally closed position. The Contractor shall not charge fees for
either opening gates or unlocking containers. Customers with hard -to -access Containers requiring the
Contractor to wait for Customer Container relocation or requiring Contractor's use of specialized
equipment for Container relocation may charge those Customers additional access fees and/or hourly
fees consistent with Exhibit E.
Multifamily Complex and Commercial Garbage may request extra collections and shall pay a
proportional amount of their regular monthly rate for that service as established by the City.
4.2.5 Multifamily Complex and Commercial Recyclables Collection
4.2.5.1 Subject Materials
All properly prepared Recyclables listed in Exhibit C for Multifamily Complex and Commercial Customers,
shall be collected as part of the basic Garbage collection services, up to the specified quantity limit in
Section 4.2.5.3 without extra charge.
4.2.5.2 Containers
The Contractor shall provide Recycling Containers at no additional charge to all Multifamily Complex and
Commercial Customers requesting Containers.
The Contractor shall encourage and promote participation in Recyclables and Compostables services and
shall recommend appropriate relative Container sizes through its site visit and evaluation process. The
Contractor shall encourage the use of Detachable Containers or Drop -box Containers instead of multiple
Carts at locations where more than one cubic yard of Recycling capacity is provided, unless constraints
favor the use of Carts. Containers used for the collection of Recyclables shall be delivered by the
Contractor to requesting Customers within three (3) days of the Customer's initial request. The
Contractor may decline to collect Recyclables if the Container in which they are placed by the Customer
contains Excluded Materials or other materials that do not conform to the definition of Recyclables or
that do not meet specifications.
For Multifamily Complex Customers, Recyclables contamination reduction elements will be provided by
the Contractor upon request or whenever contamination levels exceed established thresholds.
Contractor -supplied contamination reduction elements specifically for Detachable Containers shall
include: specialized lids with slots for depositing Recyclables, and functional lock bars and locks.
Sufficient inventory specialized lids with slots shall be maintained to enable Container delivery standards
set in Section 6.1.
Multi-lingual recycling instruction decals shall be affixed to Detachable Containers upon request.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4.2.5.3 Specific Collection Requirements
Multifamily Complex and Commercial Recyclables collection shall occur at least weekly or more
frequently (but not more than three times per week) if space constraints preclude providing sufficient
weekly capacity. Commercial Customers shall be subject to a two 96-gallon Recycling Cart limit. In cases
where multiple tenants share Garbage service, each tenant shall be considered and set-up as a separate
Customer for the purposes of receiving up to two 96-gallon Recycling Carts. Multifamily Customers shall
be collected without limit.
Commercial Customers requiring additional capacity may select any vendor (including the Contractor)
and procure those services outside of this Contract. In the event that the Contractor provides those
additional services at rates negotiated between the Contractor and the Commercial Customer, the
following fee cap will apply: the combined fee for separate Garbage, Recyclables, and Compostables
collection services may not be any greater than the equivalent monthly Garbage fee for that same
volume of material. The provision of fee -based Commercial Recycling shall comply with the service and
billing standards of this Contract, but at market rates subject to the combined fee cap described above.
Collections shall be made on a regular schedule on the same day(s) of the week and as close to a
consistent time as possible to minimize Customer and tenant confusion. The Contractor's employees
shall make collections in an orderly, non -disruptive, and quiet manner, and shall return Containers after
emptying to the same location as found, with their lids closed.
The Contractor shall provide suitable locks for all Container types upon request at no charge. The
Contractor shall remove and replace Containers from enclosures and position (roll -out) Containers up to
twenty-five (25) feet for Garbage (and Recycling and Compostable) collection at no additional charge.
Additional roll -out charges may be assessed in twenty-five (25) foot increments only to those
Multifamily Complex and Commercial Customers for whom the Contractor must move a Container over
twenty-five (25) feet to reach the collection vehicle at its nearest point of access.
The Contractor shall not charge fees for either opening and closing gates, or unlocking and relocking
gates and lids on Containers.
4.2.6 Multifamily Complex and Commercial Customer Compostables Collection
The Contractor shall provide subscription -based Compostables collection services to requesting
Multifamily Complexes and Commercial Customers.
4.2.6.1 Subject Materials
The Contractor shall provide collection of Compostables from any requesting Multifamily Complex or
Commercial Customer, subject to that Customer's continued compliance with material preparation
requirements. Contaminated or oversized Compostables materials rejected by the Contractor shall be
tagged in writing in accordance with the Contamination Reduction Plan with an appropriate problem
notice explaining why the material was rejected.
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4.2.6.2 Containers
Carts shall be provided to subscribers as part of the service at no additional charge. Compostables
Containers shall be delivered by the Contractor to Multifamily Complex and Commercial Customers
within three (3) days of a Customer's request.
The Contractor shall offer regular weekly and twice -weekly collection of the following service levels, at
the rates set forth in Exhibit E:
1. One 35-gallon cart (weekly)
2. One 64-gallon cart (weekly or twice -weekly)
3. One 96-gallon cart (weekly or twice -weekly)
4.2.6.3 Specific Collection Requirements
Multifamily Complex and Commercial Customer Compostables collection shall occur weekly or twice -
weekly, as subscribed for and requested by the Customer. Collections shall be made on a regular
schedule on the same day(s) of the week and as close to a consistent time as possible to minimize
Customer confusion. The Contractor's employees shall make collections in an orderly and quiet manner,
and shall return Containers after emptying to the same location as found, with their lids closed.
Customers may, at their sole option, direct the Contractor to routinely re -line Compostables Carts with
approved biodegradable liners for the per unit rate specified in Exhibit E.
4.2.7 Drop -Box Container Garbage Collection
4.2.7.1 Subject Materials
The Contractor shall provide Drop -Box Container Garbage collection services to Customers, in
accordance with the service level selected by the Customer.
4.2.7.2 Containers
The Contractor shall pay the cost of procuring and providing Containers for Garbage meeting the
standards described in Section 4.1.14. Both Customer -owned and Contractor -owned Drop -box
Containers shall be serviced, including Customer -owned compactors.
The Contractor shall maintain a sufficient Drop -box Container inventory to provide delivery of empty
containers by the Contractor to new and temporary Customers within three (3) business days after the
Customer's request.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4.2.7.3 Specific Collection Requirements
The Contractor shall provide dispatch service and equipment capable of collecting full Drop -box
Containers on the same business day if the Customer's initial request is received by the call center
before 10:00 a.m., and no later than the next business day if the Customer's initial call is received by the
call center after 10:00 a.m. Drop -box Containers shall be delivered to new Customers within one
business day of their request.
The Contractor shall detach, remove and replace Drop -Box Containers from locked or unlocked
enclosures at no additional charge. The Contractor may charge additional time and/or mileage only if
(1) the Customer requests that Contractor deliver material to a facility other than the closest King
County disposal facility, (2) the facility is one to which the Contractor is allowed to deliver the material
under this Contract, and (3) Contractor delivers the material to such facility after advising the Customer
in writing (e-mail is acceptable) as to the basis of the additional time and/or mileage charges to be
payable by the Customer on account of such delivery(ies). Additional mileage charges shall be assessed
on a one-way basis and shall only apply to mileage in excess of the distance to the closest County
authorized disposal facility appropriate for the material type being hauled.
4.2.8 Temporary (Non -Special Event) Container Customers
The Contractor shall maintain a sufficient Container inventory, including Detachable Container and
Drop -box Containers, to provide delivery of empty Containers by the Contractor to temporary
Customers within three (3) business days after the Customer's initial request. The charges for temporary
Detachable Container service as listed in Exhibit E shall include delivery, collection, distance, and
disposal or processing for Recyclables or Compostables. No additional fees other than those included in
Exhibit E may be charged. Temporary Garbage services do not include collection and shall not exceed
ninety (90) days in duration. Customers requiring service for more than ninety (90) days shall subscribe
for regular combined Garbage, Recycling, and Compostables service.
4.2.9 Special Event Services
Contractor shall provide temporary Garbage, Recyclables, and Compostables Containers and signage for
Customers' special events within the Service Area at the rates listed in Exhibit E. Contractor shall provide
such Customers with assistance in determining Container needs and signage for Garbage, Recyclables,
and Compostables at the special events, including site visits and technical assistance to ensure that the
maximum Recyclables and Compostables diversion is achieved. Contractor shall coordinate their efforts
with the City, and provide such Customers and the City with a summary of the volumes and tonnages of
materials disposed of and diverted for recycling and composting.
Contractor shall provide these special event services as a bundle, with each event providing collection of
Recyclables and Compostables as part of the event Garbage collection service. The provision of Garbage -
only service for special events shall only be provided on a case -by -case basis upon prior written approval
of the City.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4.2.10 City Services
The Contractor shall provide Garbage, Recyclables and Compostables collection to all City -owned
municipal facilities, parcels, and parks as a part of this Agreement at no additional charge. The service
levels for each City facility listed may be changed at the City's discretion and at no additional cost to the
City. Of the Parks Facilities listed below, those with an "*' shall receive seasonal and/or year-round
collection services on site, using Detachable Containers or Carts at the City's direction. Contractor shall
not be anticipated to provide scheduled collection services at the other listed Parks. At the City's
discretion and at no additional cost to the City, any City -owned facilities or parcels may receive
occasional temporary Compostables, Recyclables, or Garbage services (typically via Drop -Box Container)
in support of City maintenance of these sites.
Facilities and parks include, but are not limited to, the following:
FACILITY
ADDRESS
City Facilities:
Federal Way City Hall
33325 8th Avenue S
Brooklake Community Center
726 S 356th Street
Celebration Park Maintenance Site
1095 S 324`h Street
Dumas Bay Centre/Knutzen Theatre
3200 SW Dash Point Road
Evidence Building
600 S 333rd Street
Federal Way Community Center
876 S 333rd Street
Steel Lake Maintenance Facility
31132 28th Avenue S
SWR Storage Shed
700 S 333rd Street
Town Center Parcels
2141 S 314th Street
Performing Arts & Events Center
31510 Pete von Reichbauer Way S
Historical Society Facility
2645 S 312th Street
City Parks:
Adelaide
30619 16th Avenue SW
Alderbrook
32730 17th Avenue SW
Alderdale
2700 SW 340th Place
BPA Trail
1100 S 324th Street
Camelot Open Space
29200 45th Avenue S
Cedar Grove
2200 S 333rd Street
*Celebration
1095 S 324th Street
Coronado
2501 SW 349th Place
5300 SW 324th Street
31200 SW Dash Point Road
Dash Point Highlands
Dash Point Triangle
Dumas Bay Sanctuary
30844 44th Avenue SW
Federal Way Entry Sign
2800 S 320th Street
31850 7th Avenue SW
31531 1st Avenue S
Fisher's Pond
*French Lake
Heritage Woods
28200 24th Place S
Hylebos / Blueberry Farm
630 S 356th Street
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Hylebos / Historic Cabins
34915 4th Avenue S
Lake Grove
833 SW 308th Street
Lake Killarney
3500 Weyerhaeuser Way S
*Lakota
31334 SW Dash Point Road
Laurelwood
2301 S 292nd Street
Madrona
1500 SW 356th Street
Mirror Lake
915 S 315th Street
Olympic View
2900 SW 330th Street
Palisades
5039 SW Dash Point Road
Panther Lake Open Space and Trail
550 SW Campus Drive
Poverty Bay Open Space
2500 SW 301st Street
*Sacajawea
1401 S Dash Point Road
*Saghalie
33914 19th Avenue SW
Sculpture Park
2031 S 316th Street
Spring Valley Open Space
Various Parcels
*Steel Lake / Steel Lake Annex
2410 S 312th Street
SW 312th Sports Court
100 SW 312th Street
*Town Square
31600 Pete von Reichbauer Way S
Wedgewood
3913 SW 337th Street
West Campus Trail
200 S 320th Street
*West Hylebos Wetlands
411 S 348th Street
*Westway Substation/Tract
33400 21st Avenue SW
Wildwood
2315 S 300th Street
106 SW Campus Drive
Winco
At any time during the Term of this Contract, the City may add up to five City facilities and up to five
additional City parks to be subject to the service specifications in the section, in addition to those listed
above.
In cases in which Garbage, Recyclables, or Compostables are generated through the performance by
third parties of services for the City outside of the normal operation of a municipal facility, Contractor
may charge for the collection of such materials in accordance with charges listed in Exhibit E. Garbage,
Recyclables, and Compostables generated at all City facilities in the ordinary course of their operations,
however, whether generated by City staff or affiliated personnel, facility users, or third parties (e.g.,
janitorial contractor or site management contractor) will be collected by the Contractor without charge
to the City. Tenants or other occupants of a municipal facility, other than those who operate the facility
as a City contractor of municipal services, may be charged by Contractor in accordance with this
Contract for collection services for Garbage, Recyclables and Compostables as a typical customer.
The Contractor shall provide collection of designated on -street Litter and Recyclables receptacles within
the City, as directed by the City and paid by the City at the per collection rate in Exhibit E. Collection shall
occur not less than one (1) time each week and up to three (3) times each week, depending on season
and need, at the direction of the City. Uncontaminated Recyclables collected from these receptacles will
be separated, processed, and recycled. Contractor shall line all of these receptacles after each collection,
with liners supplied by the Contractor. The Contractor shall also provide, maintain, and service a
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
minimum of six (6) Big Belly compacting Garbage receptacles at no additional cost, to be sited and
installed as approved by the City no later than September 1, 2021.
4.2.11 Community Events
The Contractor shall provide support for up to five (5) City -sponsored events each year. That support
shall include Garbage, Recyclables, and Compostables collection as necessary, including delivery,
placement, collection, disposal/diversion of materials, and removal of Containers after the event.
Additional event services for public (above the five (5) provided at no cost each year) or all events
conducted by private Customers shall be charged at the rate listed in Exhibit E. Rates are all-inclusive for
delivery, setup, collection services, and removal of event containers, similar to specifications in Section
4.2.9.
4.2.12 On -call Bulky Waste Collection
The Contractor shall provide on -call fee -based Bulky Waste collection to any Customer, including
Multifamily and Commercial Customers.
On -call collection of Bulky Waste shall be provided by the Contractor to Customers by appointment for
no more than the charge set forth in Exhibit E to this Contract, with collection occurring no later than
five (5) business days after a Customer initial request.
Customers must place Bulky Waste at the regular Garbage collection location no more than twenty-four
(24) hours prior to collection. The Contractor shall notify the Customer of the specific date that their
item will be collected, the charge that will be made to their next bill, and where the item should be
placed for collection.
The Contractor shall recycle all metal appliances, unless another arrangement is approved in writing by
the City, and to make a reasonable effort to recycle all other materials collected. The Contractor shall
direct Customers to remove doors from refrigerators and freezers before collection and not to place
Bulky Waste at the Curb prior to twenty-four (24) hours before scheduled collection.
On -call Bulky Waste collection must occur during the hours and days specified in Section 4.1.3, with the
exception that Saturday collection is permissible if it is more convenient for Customers.
4.2.13 Excluded Services
This Contract does not include the collection or disposal of Unacceptable Waste.
4.3 COLLECTION SUPPORT AND MANAGEMENT
The Contractor shall provide collection support and management consistently throughout the term of
this Contract and in compliance with the provisions under the following subsections.
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4.3.1 General Customer Service
The Contractor shall be responsible for providing all Customer service functions, including, but not
limited to:
• Answering Customer telephone calls and e-mail or electronically communicated requests;
• Requesting at start of service Customer's preference for notification of service changes via robo-
calls, texts, or emails, and confirming and updating these preferences periodically;
• Asking Customers at start of service their preference for receiving Contractor's welcome packet
and subsequent outreach and account information electronically or via mail;
• Informing Customers of current, new, and optional services and charges;
• Handling Customer subscriptions and cancellations;
• Receiving and resolving Customer complaints;
• Dispatching Drop -box Containers, temporary containers, and special collections;
• Billing;
• Maintaining and updating regularly as necessary a user-friendly internet website; and
• Maintaining and updating regularly as necessary a user-friendly mobile application.
4.3.2 Specific Customer Service Requirements
The Contractor shall maintain a service base for storing and/or maintaining collection vehicles within
twenty-five (25) miles of the City's corporate limits. Operations and management staff shall be located
at that site, provided that call center operations may be remotely provided. The Contractor's call center
shall be open at a minimum from 7:00 a.m. to 7:00 p.m. weekdays, and no less than four (4) hours on
Saturdays. Customer service representatives shall be available through the Contractor's call center
during these hours for communication with the public and City representatives. During these hours,
customer calls shall be handled by Contractor's staff, not by voice mail. Outside of the call center's open
hours, the Contractor shall have an answering or voice mail service available to record messages from all
incoming telephone calls. The holiday collection schedule described in Section 4.1.6 shall also apply to
Customer service coverage.
The Contractor shall maintain a twenty-four (24) emergency telephone number for use by the City. The
Contractor shall have a representative, or an answering service to contact such representative, available
at such emergency telephone number for City -use during all hours, including normal Office Hours.
Inability to reach the Contractor's staff via the emergency telephone number shall be cause for
performance fees in accordance with Section 6.1.2.
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4.3.2.1 Customer Service Representative Staffing
During call center hours, the Contractor shall maintain sufficient staff to answer and handle complaints
and service requests from all Customers without delay. If incoming telephone call volumes necessitate,
the Contractor shall increase staffing levels as necessary to meet Customer service demands. The
Contractor shall proactively recruit, train, and schedule customer service staff to avoid underperforming
during periods of high call volume, and to replace in a timely manner customer service staff lost due to
attrition.
The Contractor shall maintain sufficient staffing to answer and handle all Customer complaints and
service requests in a timely manner, whether made by telephone, letter, e-mail, mobile message, or
webpage/"chat" message. If staffing is deemed to be insufficient by the City to handle Customer
complaints and service requests in a timely manner, the Contractor shall increase staffing levels to meet
and maintain performance criteria as established in Section 4.3.2.4.
To manage the anticipated temporary increase of customer contacts, the Contractor shall provide
additional customer service staffing during the transition and implementation period, specifically from
six (6) weeks prior to the Date of Commencement of Service, through the end of the fourth month after
the Date of Commencement of Service, to ensure that sufficient staffing is available to minimize
Customer waits and inconvenience. The Contractor shall receive no additional compensation for
increased staffing levels during the transition and implementation period. Staffing levels during the
transition and implementation period shall be subject to the City's prior review and approval.
4.3.2.2 City Access to Contractor's Customer Service Information
The Contractor shall maintain staff that has management level authority to provide a point of contact
for all City inquiries, requests, and coordination covering the full range of Contractor activities related to
this Contract. Contractor duties include, but are not limited to:
• Promotion and outreach to Single -Family Residences, Multifamily Complexes, Commercial, and
community event Customers;
• Serving as an ombudsperson, providing quick resolution of all Customers' issues, complaints,
and inquiries; and
• Assisting the City with program development and design, research, response to inquiries, and
troubleshooting issues.
Contractor shall employ a designated service expert team, which shall be accessible by the City and City -
designated representatives to address emerging problems as needed. This service expert team shall be
available during regular Office Hours and, if not responding immediately to a City inquiry, a service
expert team employee is required to return City -initiated messages (whether originated via telephone,
mobile messaging, or e-mail) within four (4) working hours of receipt.
4.3.2.3 Service Recipient Complaints and Corrective Requests
The Contractor shall record all complaints and corrective requests made to Contractor to resolve issues
related to establishing service or subsequent issues arising once service is established, regardless of how
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received. The Contractor's records shall including nature of complaint or request, date, time, Customer's
name and address, method of transmittal, and nature, date and manner of resolution of the complaint
or service request in a computerized daily log. Any complaints received through the Contractor's voice
mail or answering service shall be entered in the log no later than the following business day. The
Contractor shall dedicate adequate resources and shall make a conscientious effort to respond directly
to all Customers and resolve all complaints within one business day of the original phone call, letter, or
electronic communication, and shall complete all service requests within the time limits as established
throughout this Contract. If a longer response time is necessary to resolve complaints or related
corrective requests, the circumstances that have caused the delay shall also be noted in the log to
document the Contractor's efforts to resolve the complaint or request.
The Customer service log shall be managed via software and be available for inspection by the City, or its
designated representatives, during the Contractor's Office Hours, and shall be in a format approved by
the City. The Contractor shall provide a copy of this log in an electronic format from the Microsoft Office
suite (or other City -approved format) of software to the City with the monthly report.
4.3.2.4 Handling of Customer Calls
All incoming telephone calls shall be answered promptly and courteously, with an average speed of
answer of less than thirty (30) seconds. No telephone calls shall be placed on hold for more than two (2)
minutes per occurrence, and on a monthly basis, no more than ten percent (10%) of incoming telephone
calls shall be placed on hold for more than twenty (20) seconds. Contractor shall include aggregated
weekly call volume data for the Service Area in the monthly reporting that tracks ongoing compliance
with these specifications. A Customer shall be able to talk directly with a Customer service
representative when calling the Contractor's Customer service telephone number during call center
operating hours without navigating an automated phone answering system through more than one level
of menus. An automated voice mail service or phone answering system may be used outside of call
center operating hours.
A Customer calling into the Customer service phone lines and placed on hold shall hear on -hold
information consisting solely of City -specific information or Contractor promotional information that is
applicable and not misleading to Customers.
4.3.2.5 Corrective Measures
Upon the receipt of Customer complaints in regard to busy signals or excessive delays in responding to
customer service requests, the City may request the Contractor submit a plan to the City for correcting
the problem. Contractor shall submit this plan within five (5) working days of the City's request. Once
the City has approved the plan, the Contractor shall immediately begin implementation of these
corrective measures and shall report on implementation at least weekly. Contractor shall have thirty
(30) days to fully implement the corrective measures, except during the transition and implementation
period from one (1) month prior to the Date of Commencement of Service, through the end of the
fourth month after the Date of Commencement of Service, during which upon City notification, the
Contractor shall have five (5) working days to fully implement corrective measures. Failure to provide
corrective measures shall result in performance fees for the Contractor as specified in Section 6.1.
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4.3.2.6 Contractor Internet Website
The Contractor shall maintain a website containing information specific to the City's collection
programs, including at a minimum contact information, collection schedules, current day of collection
map, material preparation requirements, available services and options, rates and fees, inclement
weather service changes with updates several times per day in the event of inclement weather, as well
as updates that apply to those Customers whose services were impacted by inclement weather on prior
days, and other relevant service information for its Customers. The website shall include live contact
function for Customer communication with the Contractor, and the ability for Customers to submit
service requests and manage their services on-line. Electronic Customer service requests shall be
answered within one (1) business day of receipt.
The website shall be professionally designed, including usability testing prior to submittal to the City for
approval a minimum of three (3) months prior to the Date of Commencement of Service of this
Contract. The website will be maintained and continually updated by Contractor. Significant website
reformatting shall be subject to the City's prior approval throughout the term of this Contract. The
Contractor shall provide among its local staff a knowledgeable and proficient website manager that is
responsive to the City's request(s) for changes to the Contractor's website. Changes requested by the
City consisting of textual messages only shall be uploaded to the website within seventy-two (72) hours
of the time of the request(s). Changes requested by the City, of a textual nature, that are related to an
emergency or time -sensitive situation (such as an inclement weather event, windstorm, or event
preventing access to a Customer's regular place of container set -out) shall be uploaded to the website
as soon as possible and not more than six (6) hours from of the time of request. Changes requested by
the City that include a graphical component must be uploaded to the website within five (5) working
days of the time of the request.
The Contractor shall provide timely updates to the website, and provide links to the City's website, and
Contractor shall check on a monthly basis to ensure that all links are current and correct any that no
longer function. The website shall include core information (including at a minimum: how to establish
service, preparation and set -out instructions, and rate information) in English and Spanish. The website
shall also provide statements on its City -specific homepage in other commonly used non-English
languages within the City referring Customers to the Contractor's translation helpline or a separate
webpage with an appropriate translation function. Upon the City's request, the Contractor shall provide
a website utilization report indicating the usage of various website pages and e-mail option.
4.3.2.7 Full Knowledge of Garbage, Recyclables, and Compostables Programs Required
The Contractor's Customer service representatives shall be fully knowledgeable of all collection services
available to Customers, including the various services available to Single -Family Residence, Multifamily
Complex, and Commercial Customers. For new Customers, Customer service representatives shall
explain all Garbage, Recyclables, and Compostables collection options available depending on the sector
the Customer is calling from. For existing Customers, the representatives shall explain new services and
options, and resolve recycling issues (including providing support for Contamination Reduction Plan
inquires), collection concerns, missed pickups, container deliveries, and other Customer concerns.
Customer service representatives shall be trained to inform Customers of Recyclables and Compostables
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preparation specifications. Customer questions related to City policy shall be forwarded to the City for
response.
The Contractor's Customer service representatives shall have instantaneous electronic access to
Customer service data and history to facilitate providing excellent customer service. The Contractor shall
provide the City with a comprehensive outline of the Contractor's internal customer service
representative training and support information specific to the City, and allow the City to periodically
review and check Contractor's internal information accessed by customer service representatives to
provide to Customers. Routine revisions to these materials shall be made by the Contractor on an
ongoing basis, but any substantial revisions to this internal information shall be approved in writing by
the City prior to being used by customer service representatives.
The Contractor shall also provide the City with up to ten (10) dormant (non -serviced) accounts in various
sectors and service modes to facilitate City monitoring of Customer communications and billing
protocols. These non -serviced accounts shall be established in conjunction with the City and related
data shall be fully accessible by the City. Contractor will manage these accounts as if the City were a
typical Customer.
4.3.2.8 Customer Communications
All Customer communications (other than routine service and billing interactions with individual
Customers) shall be reviewed and approved in writing by the City before distribution.
The City and Contractor recognize that Customer preferences for their method of communication may
change during the Term of this Contract and agree to adjust customer service expectations to match
Customer preferences. For example, if call traffic to the Contractor's telephone -based call center
reduces over time and is supplanted by an increase in texting, the Contractor shall shift staff resources
accordingly to ensure sustained high levels of customer service. The City and Contractor agree to review
Contract requirements periodically and negotiate in good faith any desired improvements to the
Contract service standards related to customer service delivery.
4.3.3 Contractor's Customer Billing Responsibilities
The Contractor shall work with the City to determine the best way to handle transition billing between
the City's old contract with the Contractor and this new Contract during the development of the
Contractor's Transition and Implementation Plan, with the objective of minimizing Customer confusion
and inconvenience.
The Contractor shall be responsible for all billing functions related to the collection services required
under this Contract. Single -Family Residential shall be billed quarterly and all other Customers shall be
billed monthly. In no case shall a Customer's invoice be past due prior to the receipt of all services
covered by the billing period. The Contractor's billing cycle parameters include, but are not limited to
the service period, invoice date, due date, late fee date, reminder date(s), Container removal and stop -
service date. The City reserves the right to review and provide feedback on the bill template used by the
Contractor as to format and design to ensure Customer satisfaction. The Contractor shall evaluate and
may incorporate the City's recommendations in good faith. Billing and accounting costs associated with
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Customer invoicing, including credit card fees, shall be borne by the Contractor, and are included in the
service fees in Exhibit E. The Contractor may charge deposits for temporary services and bill to
Customers late payments and "non -sufficient funds" check charges, as well as the costs of bad debt
collection, under policies and amounts that have been previously approved in writing by the City.
The Contractor shall offer paperless billing, including an autopay/electronic notification function that
allows Customer to set up autopay and receive an e-mail or text notification of the amount and draw
date of the payment, without requiring the Customer to navigate to the Contractor's website to obtain
that information.
Customers may temporarily suspend collection services due to vacations or other reasons for as long
and as often as desired with an initial two (2) week minimum plus additional one (1) week increments
and be billed pro-rata for actual services received. The Contractor may charge an extended vacation
hold/standby fee as listed in Exhibit E instead of retrieving Carts for those Customers who request a
vacation hold greater than one month in duration.
The Contractor shall be responsible for the following.-
0 Generating combined Garbage, Recyclables, and Compostables collection bills for all Customers;
• Generating bills printed double -sided, on at least thirty percent (30%) post -consumer recycled -
content paper;
• Generating bills that include at a minimum a statement indicating the Customer's current
service level, current charges and payments, appropriate taxes and fees, Customer service
contact information and website information;
• Generating bills that clearly state the date at which late fees will be assessed for non-payment;
• Generating bills that have sufficient space on the front or back of the bill for educational or
informational messaging, as directed by the City;
• Accepting automatic ongoing payments from Customers via debit or credit card, checking or
savings account withdrawal, or by wire transfer. No transaction fees may be levied on any
Customer payments;
• Accepting, processing, and posting payment data each business day;
• Printing and inserting bill inserts designed by the City for Customer sectors — with paper copies
added to mailed invoices, and hyperlinked versions for on-line/paperless accounts;
• Maintaining a system to monitor Customer subscription levels, record excess Garbage or
Compostables collected, place an additional charge on the Customer's bill for the excess
collection, and charge for additional services requested and delivered. This system shall
maintain a Customer's historical account data for a period of not less than six (6) years from the
end of the fiscal year in accordance with the City's record retention policy, and in a manner that
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is instantaneously accessible to Customer service representatives needing to refer to Customer
service data and history;
• Accepting and responding to Customer requests for service level changes, missed or inadequate
collection services, and additional services;
• Collecting unpaid charges from Customers for properly invoiced services; and
• Implementing rate changes as specified in Section 5.3.
The Contractor shall be required to maintain procedures to backup and minimize the potential for the
loss or damage of the account servicing (e.g., Customer service, service levels, and billing history)
database. The Contractor shall ensure that at a minimum a daily backup of the account servicing
database is made and stored off -site. The Contractor shall also provide the City with a copy of the
account servicing database (excluding Customer financial information such as credit card or bank
account numbers) sorted by Customer sector via e-mail, FTP site or electronic media upon request. The
City shall have unlimited rights to use such account servicing database for the purpose of developing
targeted educational and outreach programs, analyzing service level shifts or rate impacts, and/or
providing information to successor contractors.
Within one (1) business day of request, the Contractor shall provide the City with a paper and/or
software compatible copy (at the City's discretion) of City -requested Customer information and history,
including but not limited to Customer names, service and mailing addresses, contact information,
service levels, and current account status.
4.3.4 Reporting
The Contractor shall provide monthly, annual, and ad hoc reports to the City. The Contractor report
formats may be modified from time to time at the City's request at no cost to the City. In addition, the
Contractor shall allow City staff access to pertinent operations information related to compliance with
the obligations of this Contract, including, but not limited to, vehicle route assignment and maintenance
logs, Garbage, Recyclables, and/or composting facility certified weight slips, and Customer charges and
payments.
4.3.4.1 Monthly Reports
On a monthly basis, by the last working day of each month, the Contractor shall provide a report
containing the following information for the previous month. Reports shall be submitted in an electronic
format approved by the City and shall be certified as accurate by the Contractor. At minimum, reports
shall include:
1. A billing summary that provides the number of Customers billed at each service level (e.g., by
container size, extra services) for each service sector (e.g., Single-family Residence, Multifamily
Complex, Commercial Customers, and Drop -box hauls by Container size), the total number of
Customers for each type of service by sector, Customer receipts by each service level, and total
billings.
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2. A log of all Customer requests, complaints, inquiries, and site visits, including Customer name,
property name and address, date of contact or site visit, reason for site visit, and a summary of
the resolution or results of these Customer requests, complaints, and inquiries.
3. Reports from the Contractor's customer service telephone system summarizing daily data for
total call volume, total calls answered, and average speed of answer.
4. Website utilization report showing total number of Customers managing their services on-line,
total number of a -mails received via website, data on website usage, and other data or
information as the City may require.
5. A summary of total Garbage, Recyclables, and Compostables quantities collected (in tons) for
each collection sector by month and year-to-date. The summary shall include program
participation statistics including: a summary of Multifamily Complex and Commercial
participation in recycling programs and set -out statistics for Residential Garbage, Compostables,
and Recyclables collection services. Where item counts are more appropriate for certain
Recyclables or Bulky Wastes (e.g., appliances, bulky materials, etc.), reporting item counts is
acceptable. The summary shall include the names of facilities used for all materials and the total
monthly tonnage delivered to each facility.
6. A summary of Recyclables quantities, contamination levels and processing residues disposed as
Garbage.
7. A description of any vehicle accidents, infractions, and reported leaks.
8. A description of any changes to collection routes, Containers, vehicles (including back-up
vehicles with the truck number and date of use to track limits on vehicle use), customer service
provision, or any other related activities affecting the provision of services.
9. A description of any promotion, education, and outreach efforts, including Contamination
Reduction Plan outcomes and including samples of distributed materials, and summary of any
feedback or response received from Customers.
10. A description of Contractor activities and tonnages for City services and events.
If collection vehicles are used to service more than one Customer sector per route or per load, the
Contractor shall develop an apportioning methodology that allows the accurate calculation and
reporting of collection volumes and quantities from the different sectors. The apportioning
methodology shall be subject to the prior review and written approval of the City, and shall be
periodically verified through field-testing by the Contractor.
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4.3.4.2 Annual Reports
On an annual basis, by the first working day of March, the Contractor shall provide a report containing
the following information for the previous year:
1. A consolidated summary and tabulation of the monthly reports, described above.
2. A discussion of highlights and other noteworthy experiences, along with measures taken to
resolve problems, increase efficiency, and increase participation in, and volume of, Recyclables
and Compostables collection programs.
3. A discussion of opportunities and challenges expected during the current year, including steps
planned to take advantage of opportunities and resolve the challenges.
4. A discussion of promotion, education, and outreach efforts, and accomplishments for each
sector.
S. An inventory of current collection vehicles and other major equipment, including model, year,
make, serial or VIN number, assigned vehicle number, mileage (if vehicle), and collection sector.
6. A list of Multifamily Complexes eligible for Recycling and Compostables collection service but
not receiving one or both services, with the results of required contacts made by Contractor
during the year to promote the Recycling and/or Compostables service to those complexes,
including the reason why the Multifamily Complex is not receiving Recycling and/or
Compostables service.
7. A list of Commercial Customers eligible for Recycling and Compostables collection service but
not receiving one or both services, with the results of required contacts made by Contractor
during the year to promote the Recycling and/or Compostables service to those sites, including
the reason why the Commercial Customer is not receiving Recycling and/or Compostables
service.
8. A summary of the monthly logs of Customer requests, complaints, inquiries, site visits, and
resolutions or results, as required in Section 4.3.4.1. The summary shall organize Customer
requests, complaints, inquiries, and site visits by category (e.g., missed pickups, improper set-
ups).
The annual report shall be specific to the City's operations, written in a format appropriate for contract
management and shall not be a generalized listing of Contractor activities in the region or elsewhere.
4.3.4.3 Ad Hoc Reports
The City may request and receive from the Contractor up to twelve (12) ad hoc reports each year, at no
additional cost to the City. These reports may include customer service database tabulations to identify
specific service level or participation patterns or other similar information. Reports shall be provided in a
City -defined format and with Microsoft software (or other City -approved software) compatibility. These
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reports shall not require the Contractor to expend more than one hundred (100) staff hours per year to
complete. Contractor shall respond to Ad Hoc Report requests within five working days.
4.3.4.4 Other Reports
If requested by the City, the Contractor shall provide daily route information for all service sectors and
collection streams for the purpose of evaluating potential collection system changes during the Term of
the Contract.
4.3.5 Promotion and Education
The Contractor, at its own cost and at the direction of the City, shall have primary responsibility for
developing, designing, executing, and distributing public promotion, education, and outreach programs.
The Contractor shall also have primary responsibility for Customer recruitment, providing annual
service -oriented information and outreach to Customers, distributing City -developed promotional and
educational pieces at the City's direction, and implementing on -going recycling promotion, education,
and outreach programs at the direction of the City. The Contractor shall also coordinate and work
cooperatively with City staff and/or consultants hired to conduct outreach and education, and otherwise
provide technical assistance.
The City and Contractor shall jointly plan the Contractor's specific promotion and education program for
the following year, including updating outreach materials and/or refining targeted audiences. The City
may elect to assist the Contractor with development of promotional material layout and text, as staff
time allows, otherwise the Contractor shall be responsible for all design and production. All
promotional, educational, and informational materials provided by the Contractor to Customers in
connection with the Contract shall be designed, developed, printed, and delivered by the Contractor, at
the Contractor's cost, and subject to the City's final written approval as to form, content, and method of
delivery. The City shall review and approve all materials with a minimum review period of two (2) weeks
provided in all cases by the Contractor to allow sufficient time for review and approval.
Each year, the Contractor shall produce and deliver an annual comprehensive service packet to all
Single -Family and Multifamily Residences in the Service Area (including non -subscribers) which shall
include, at a minimum, information on the proper disposal of Garbage, Recyclables, and Compostables;
rate information; disposal options for difficult -to -recycle items and hazardous wastes; the annual service
schedule calendar; contact information; and any other pertinent information. The annual packet may
be distributed in print or electronic format at the option of the resident.
Each year, the Contractor shall produce and deliver an annual comprehensive service packet to all Multi-
family and Commercial Customers in the Service Area which shall include, at a minimum, information on
the proper disposal of Garbage, Recyclables, and Compostables; rate information; disposal options for
difficult -to -recycle items and hazardous wastes; contact information; and any other pertinent
information. The annual packet may be distributed in print or electronic format at the option of the
Customer. Upon request, Customers shall be provided with sufficient printed materials to distribute to
tenants or lessees.
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Specific procedures for Multifamily Complexes:
The Contractor shall coordinate with the site manager or owner of Multifamily Complexes, either upon
request and/or to facilitate coming into compliance with recycling volume thresholds or contamination
thresholds. This may include door-to-door education, training of residents and/or property management
staff, signage and posted information, addressing space and capacity constraints. The Contractor shall
also coordinate and work cooperatively with City staff and/or consultants hired to conduct outreach and
education, and otherwise provide technical assistance. Although subject to change over the term of this
contract, the initial recycling volume thresholds are established as 0.12 cubic yards per week per unit
(approximately 96 gallons per month) and a target of 5% or less contamination by volume.
The following actions will be taken by Contractor whenever responding to contamination of Recyclables
or Compostables at Multifamily Complexes. A combination of these actions shall be appropriate in cases
where contamination is readily apparent prior to emptying Containers at the complex (which upon
discovery by Contractor, or following a field determination made by the City, is termed a "Haul or Call"
event). Failure to implement these actions will result in damages as specified in Section 6.1.
• Immediately providing the City with photo documentation of the contamination, along with a
record of container size, location within the Complex, and other pertinent information.
• Specifically -tailored recycling service plans (establishing service volume and container
location/access needs, auditing service levels/frequency/schedule, and verifying and monitoring
related changes), as well as providing follow-up outreach as needed to achieve optimal
participation and compliance with recycling participation regulations.
• Monitoring tenant access to collection containers at the Complex, and the resulting
contamination levels of recyclable materials, then implementing appropriate remedies by
identifying the source or cause of contamination and then planning, assigning, and promoting
corrective actions for: property management and site maintenance personnel, valet -style
recycling service providers, and/or individual tenants as appropriate. This will then be followed
by ongoing monitoring to ensure implementation of appropriate remedies.
• Installation and/or use of lock bars/locks, specialized lids with slots for Detachable Container
lids, and adjusting container size, placement/location, or service frequency in manners intended
to reduce or eliminate contamination of Recyclables.
• Distribution of outreach materials including: reusable tote bags for Recyclables, printed
outreach materials, container decals, and instructional signage installation as needed.
• Door-to-door canvassing and related on -site assistance to property management, maintenance
staff, and residents as needed.
• Pertinent training of on -site personnel including maintenance staff, volunteers, users of
recycling services, and valet -style recycling service provider(s).
• On -site visual surveys, tracking, and documentation as needed.
• Other related assistance to encourage Multifamily Complex participation in ongoing recycling
practices, focusing on the reduction and elimination of contamination sources and/or changing
behaviors that result in contamination of recyclables.
Specific procedures for Commercial Customers:
The Contractor shall coordinate with Commercial Customer site managers or owners to provide
outreach to tenants in multi -tenant buildings, office parks, and strip malls and similar situations where
Contractor services are shared among tenants. Contractor shall do this either upon request and/or to
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facilitate coming into compliance with recycling volume thresholds or Recyclables and/or Compostables
contamination reduction goals. This may include door-to-door education, training of tenants and/or
property management staff, signage and posted information, and addressing space and capacity
constraints.
4.3.6 Transition to Next Contractor
The Contractor shall work with the City and any successive contractor in good faith to ensure minimal
Customer disruption during the transition period from the City's previous contractor to the City's new
Contractor. Container removal and replacement shall be coordinated between the Contractor and a
successive contractor to occur simultaneously in order to minimize Customer inconvenience. In the
event that the City does not elect to retain all Cohtractor's Containers pursuant to Section 4.1.15.3, the
Contractor shall remove any Containers for all services or any portion of services provided under this
Contract upon sixty (60) days' written notice from the City.
Upon written request of the City at any time during the term of this Contract, the Contractor shall
provide a detailed customer list, including customer name, service address, mailing address, and
collection and container rental service levels to the City in Microsoft Excel format (or other City -
approved format) within seven (7) days of the City's request.
The parties recognize that a failure to comply with this provision will damage the City, but that
determination of such damage will be difficult and burdensome; therefore, the parties agree that in the
event of a breach of this provision the Contractor shall pay the City five hundred thousand dollars
($500,000) for the material breach of this Contract provision. Payment shall be made within twenty (20)
business days of the end of this Contract.
The provisions of this section shall survive the termination or expiration of this Contract.
S. COMPENSATION
5.1 Compensation to the Contractor
5.1.1 Rates
The Contractor shall be responsible for billing and collecting funds from Single-family Residence,
Multifamily Complex, and Commercial Customers in accordance with the charges for services listed in
Exhibit E. The Contractor may reduce or waive at its option, but shall not exceed, the charges listed in
Exhibit E. The payment of charges for services listed in Exhibit E by Customers shall comprise the entire
compensation due to the Contractor.
In the event that a Customer places Unacceptable Wastes in a Container, and the Contractor collects
those materials inadvertently and incurs extraordinary expenses dealing with those materials, the
Contractor may charge the Customer the actual costs of managing those materials, as approved by the
City. Actual costs shall include additional transportation, handling, and disposal costs incurred by the
Contractor for handling only those specific materials traceable to that Customer.
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The City is not required under this Contract to make any payments to the Contractor for the Services
performed, or for any other reason, except as specifically described in this Contract, or for services the
City obtains as a Customer.
In the event that Contractor or a Customer desires solid waste -related services not specifically
addressed in this Contract, the Contractor shall propose service parameters and a rate to the City in
writing based on an average of adjacent WUTC tariffs. Upon the City's written approval, the Contractor
may provide the requested services. In no case shall the Contractor provide unauthorized services or
charge unauthorized rates.
5.1.2 Itemization on Invoices
All applicable City, County, and Washington State solid waste or household hazardous waste taxes or
fees, utility taxes, and (if allowed under the last paragraph of Section 5.1.2) sales taxes shall be itemized
separately on Customer invoices and added to the charges listed in Exhibit E, except that the City
Administrative Fees shall be included in Exhibit E rates and shall not be itemized separately on Customer
invoices.
Recycling commodity credit or debits shall be itemized on Single -Family Customer bills, in accordance
with Section 5.3.4.
Charges for excess Garbage or Compostables, Single-family, Multifamily Complex, and Commercial
Compostables collection, Drop -box Container, On -call collection services, On -call fee -based Bulky Waste
collection services, Container rentals, or temporary Container services shall be itemized on the
Customer invoices separately by the Contractor, and may at no time exceed the charges set forth in
Exhibit E.
The County disposal fee as it exists on the date of execution or as thereafter modified shall be itemized
separately on Customer invoices with charges for Drop -box Container service. The Contractor shall
charge Drop -box Customers the actual disposal cost.
The Contractor shall not separately charge sales tax for services that include any Container as part of the
overall service package. Only Services that separate and itemize optional container rental (specifically
Drop -box Container rental) shall have sales tax charged and listed on Customer invoices. The Contractor
shall pay appropriate sales tax upon purchase of all equipment and Containers, and those costs are
included in the rates provided in Exhibit E. In no case shall Customers be separately charged sales taxes
paid by the Contractor on its equipment and Containers.
Except as otherwise expressly provided for by the Contract, the Contractor shall not adjust or modify
rates due to employee wage increases, changes in Compostables processing fees, Garbage collection
service level shifts, or other changes affecting the collection system.
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5.2 Compensation to the City
The Contractor shall pay to the City an Administrative Fee on or before the fifteenth day of each month
during the term of this Contract, starting on October 15, 2020. The Administrative Fee shall be based on
the gross revenues received by the Contractor from all Customers under this Agreement, excluding
administrative fee, Drop -box disposal, or processing fees. The initial Administrative Fee shall be assessed
at 3.2% of gross revenues received by the Contractor from those Customers since the last Administrative
Fee payment period, consistent with the administrative fee calculations shown in Exhibit F. The
Contractor's obligations to pay the Administrative Fee shall survive the termination date of this Contract
until the Contractor is no longer receiving payments from Customers for services provided under this
Contract.
The rates included in Exhibit E, as modified during the term of this Contract, include the Administrative
Fee, and Customers shall not be separately charged an itemized Administrative Fee. Exhibit F contains
an example of how the Administrative Fee is included in rates, and lists the Contractor's service rate, the
City's share of the retail rate, the State excise tax associated with the Administrative Fee, and the
combined retail rate. Any adjustments to the Administrative Fee rate shall be calculated in a manner
consistent with the example shown in Exhibit F.
The Contractor shall fully participate with any City billing audit to confirm the Contractor's Customer
receipts during any accounting period during the term of the Contract. The audit shall be confined to
confirming Customer billing rates, Contractor receipts for services provided under this Contract and bad
debt recovery.
The City may change the Administrative Fee level in any year, provided that the change is synchronized
with the annual Contractor rate modification described in Section 5.3.1. The City shall notify the
Contactor of the new Administrative Fee for the following year by September 1, and the Contractor shall
itemize and include the appropriate adjustment in its Rate Adjustment Statement provided October 1 of
each year. In the event that the Administrative Fee is adjusted, either up or down, the Contractor shall
add or subtract an amount equivalent to the state excise tax (1.5% in 2019), as may be adjusted from
time to time by the State of Washington.
In addition, the Contractor shall be responsible for payment of all applicable permits, licenses, fees, and
taxes as described in Section 8.10, Permits and Licenses.
5.3 Compensation Adjustments
5.3.1 Annual CPI Service Component Modification
The Contractor's collection service charges and miscellaneous fees and Contract options contained in
Exhibit E, excluding waste disposal fees, for each level of service shall increase each year by one hundred
percent (100%) of the annual percentage change in the Consumer Price Index ("CPI") for the Seattle -
Tacoma -Bellevue Metropolitan Area for the U.S. City Average Urban Wage Earners and Clerical Workers,
all items (Revised Series) (CPI-W1982-84=100) prepared by the United States Department of Labor,
Bureau of Labor Statistics, or a replacement index. Adjustments shall be based on the twelve (12) month
period ending June 30 of the previous year that the request for increase is made. For example, an
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adjustment to the Contractor's collection service charge for 2022 will be based on the CPI for the twelve
(12) month period ending June 30, 2021.
In the event that the CPI index series decreases year-to-year, the service component of Contractor rates
shall remain unchanged, and the successive year's adjustment shall be based on the most recent June 30
CPI index value. In the event that the CPI index series increases over five percent (5%) year-to-year, the
actual adjustment used shall be capped at five percent (5%), and the successive year's adjustment shall
be based on the most recent June 30 CPI index value
Adjustments to the Contractor's collection service charge shall be made in units of one cent ($0.01).
Fractions less than one cent ($0.01) shall not be considered when making adjustments.
Beginning January 1, 2022, Contractor's compensation shall be adjusted annually pursuant to this
section. The Contractor shall submit in writing and electronic form to the City for review and verification
a Rate Adjustment Statement, calculating the new rates for the next year, on or by October 1 of each
year, starting October 1, 2021. In the event that the Contractor does not submit a Rate Adjustment
Statement by October 1, the City shall calculate and unilaterally implement a rate adjustment based on
the best available information as of October 1 of that year for the applicable period and the Contractor
may not appeal this action. Upon completion of the City's review and verification, absent any City
exception to the Contractor's calculations, the new rates shall take effect on January 1 of the following
year. An example of rate adjustments due to CPI changes is provided in Exhibit F.
5.3.2 Changes in Disposal Fees
Periodic adjustments shall be made to Contractor collection rates to reflect increases or decreases in
County disposal fees for Garbage. In the event of a change in disposal fees, the disposal fee component
of rates charged to Customers shall be adjusted, based on percentage increase or decrease in disposal
fee applied to the disposal components included in Exhibit E of this Contract. Disposal fee changes shall
be effective on the date of the County's implementation, provided that the Contractor has provided
Customers 45-days' notification. Any change in the King County Garbage disposal fee between the Date
of Execution and the Date of Service Commencement shall be handled as a normal disposal fee change
applied as a pass -through on rates in accordance with this paragraph.
An example of rate modifications due to disposal fee changes is provided in Exhibit F.
5.3.3 Changes in Disposal or Compostables Processing Sites
If the Contractor is required by the City or other governmental authority to use Garbage disposal or
Compostables processing sites other than those being used at the initiation of this Contract, the
Contractor shall submit a detailed proposal for the adjustment of the rates to reflect any additional cost
or savings to the Contractor. It is intended that the Contractor's rates pursuant to this Contract in such a
case will be adjusted so as to pass through any resulting additional costs incurred by the Contractor to
the Contractor or any additional savings to the Contractor to the City. The City and Contractor agree to
negotiate in good faith to make any changes to the rates to accomplish a pass -through of any such costs
or savings.
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If the Contractor is no longer able to find a processing site for all collected Compostables, after a good
faith effort to locate a processing facility acceptable to the City, the City reserves the right to drop the
collection of affected components of Compostables, such as Food Scraps, from the Contract and the City
and the Contractor shall negotiate rate reduction in good faith to reflect the reduction in service. If the
Contractor is subsequently able to find a processing site for Compostables or the site that was originally
used for processing Compostables is able to resume taking the dropped materials, the City reserves the
right to reinstate the collection of those materials and to reverse the previously agreed rate reduction
for the reduction in service.
5.3.4 Recycling Market Adjustments
The Parties agree that the value of collected Recyclables commodities shall be returned to Customers
and that the Garbage rates included in Exhibit E include Recycling processing costs (including residual
disposal) and exclude the value of Recyclables. The Contractor shall provide all Customers with a line
item commodity credit/debit on their invoices.
At commencement of services under this Contract, all Single-family Customers shall receive a
commodity rebate of $1.00 per month and all Multifamily Complex and Commercial Customers shall
receive the equivalent of a commodity rebate of $0.32 per yard of Garbage collected per month, based
on $0.58 per yard for Multifamily Complex customers and $0.15 per yard for Commercial Customers as
shown in Exhibit E. The Parties agree that this value reflects the Contractor's proposed initial
commodity value of $54.07 per ton.
No later than December 31, 2019, the Parties shall develop a credit/debit adjustment procedure to
return the value of collected Recyclable commodities to Customers in a manner consistent with the
following framework:
• Future commodity credits shall be based on adjusting the initial $54.07 per ton value to reflect
changes in material composition and value overtime.
The Mill Trade Journal Pacific Northwest/West Regional market report, high range value, is a
reasonable measure for indexing market change of the intitial $54.07 per ton value. If this
publication is unavailable, the Parties shall mutually agree on a replacement independent
measure of commodity markets. The potential for transitioning to use of market pricing
reported in the Contractor's Enspire system will also be considered as part of developing this
credit/debit adjustment procedure.
• The per -household quantities of recyclables (pounds per household per month) used to
calculate the credit/debit, as reported by the Contractor's Enspire system, shall be an
acceptable measure of Recyclables quantity, provided that the City may request and receive
additional route data (customer count and delivered material quantities per route) to confirm
reported quantities.
• The composition of processed marketable materials reported by the Contractor's processing
facility shall be an acceptable measure of material composition, provided that the City may
request up to four sorts of delivered Recyclables each year at the Contractor's expense. The City
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may arrange for additional sorts, at the City's expense, if the City determines additional
samplings are warranted.
The Parties may mutually agree to revise the credit/debit procedure, as needed, during the term of the
Contract.
5.3.5 New or Changes in Existing Taxes
If new municipal, county, regional, or Washington State taxes or fees are imposed, the rates of existing
taxes (excluding changes to the rates for federal taxes) or fees are changed, or new road or bridge tolls
necessarily affecting the Contractor's operations under this Contract imposed after the Date of
Execution of this Contract, and the impact of these changes results in increased or decreased Contractor
costs in excess of five thousand dollars ($5,000) in the aggregate annually, the Contractor shall submit a
detailed proposal for the adjustment of the rates to reflect any additional costs or savings to the
Contractor. The Contractor and City shall enter into good faith negotiations to determine whether
compensation adjustments are appropriate for the amount exceeding the five thousand dollar ($5,000)
aggregated threshold (in cases in which the threshold applies) and if so, to determine the amount and
the method of adjustment.
5.4 Change in Law
Except to the extent addressed otherwise in this Contract, changes in federal, state, or local laws or
regulations (that do not apply to tax or fee rates) that result in a detrimental change in circumstances or
a material hardship for the Contractor in performing this Contract may be the subject of a request by
the Contractor for a rate adjustment, subject to review and approval by the City. If the City requires
review of financial or other information in conducting its rate review under this provision, then the City
may retain a third -party to review such information at the Contractor's expense, taking whatever steps
are reasonably feasible, appropriate and lawful to protect the Contractor's documents identified as
confidential and proprietary by the Contractor.
6. FAILURE TO PERFORM, REMEDIES, TERMINATION
The City expects high levels of Customer service and collection service provision. Performance failures
shall be discouraged, to the extent possible, through specific performance fees for certain infractions
and through Contract default for more serious lapses in service provision. Section 6.1 details infractions
subject to performance fees and Section 6.2 details default provisions and procedures.
6.1 Performance Fees
The City reserves the right to make periodic, unscheduled inspection visits to determine the Contractor's
compliance with the provisions and requirements of this Contract. In the event that the City's inspection
reveals that the Contractor has failed to satisfactorily perform any duties of this Contract, the City shall
present an incident report to the Contractor detailing such unsatisfactory performance. The Contractor
and the City agree that upon receiving such report, the Contractor shall pay the following dollar
amounts, not as a penalty, but as performance fees for failure to satisfactorily perform its duties under
this Contract. The City and the Contractor agree that the City's damages would be difficult to prove in
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any litigation and that these dollar amounts are a reasonable estimate of the damages sustained by the
City as a result of the Contractor's failure to satisfactorily perform its duties under this Contract. The
performance fees in this Section 6.1 shall not apply to the service impacts of Labor Disruptions, as
separate performance fees shall apply under those circumstances, as described in Section 4.1.18.
Performance fees shall include:
Action or Omission
Performance fees
1
Collection before or after the times specified in Section
Five hundred dollars ($500) per
4.1.3, except as expressly permitted in writing.
incident (each vehicle on each route is
a separate incident).
2
Repetition of complaints on a route after City notification,
Fifty dollars ($50) per incident, not to
including, but not limited to, failure to replace Containers in
exceed five hundred dollars ($500) per
designated locations, spilling, not closing gates, not
vehicle per day.
replacing lids, crossing planted areas, or similar violations.
3
Failure to clean-up or collect leaked or spilled materials
The cost of cleanup to the City, plus
and/or failure to notify the City within three (3) hours of
five hundred dollars ($500) per
incident.
incident.
4
City Observed leakage or spillage from Contractor vehicles
Five hundred dollars ($500) per
or of vehicle contents.
vehicle, per inspection, plus clean-up
costs (and potential code
fines/penalties).
5
Failure to replace a leaking Container within one (1)
One hundred dollars ($100) per
business day of notification.
incident, and then one hundred dollars
($100) per day that the Container is
not replaced.
6
Failure to collect missed materials within one (1) business
Fifty dollars ($50) per incident to a
day after notification. $50.00 each incidence business day
maximum of five hundred dollars
after notification
($500) per vehicle per day.
7
Missed collection of a block segment of Single -Family
Two hundred fifty dollars ($250) per
Residences (excluding collections prevented by inclement
block segment if collection is
weather, but not excluding collections prevented by
performed the following day; one
inoperable vehicles). A block segment is defined as one side
thousand dollars ($1,000) if not
of a street, between cross -streets, not to exceed fifty (50)
collected by the following day.
houses.
8
Collection as Garbage of non -contaminated Source-
One thousand dollars ($1,000) per
separated Recyclables, Yard Debris, or Compostables in
incident.
clearly identified containers, bags, or boxes.
9
Rejection of Garbage, Recyclables, Yard Debris or
One hundred dollars ($100) per
Compostables without providing documentation to the
incident.
Customer of the reason for rejection.
10
Failure to deliver Containers within three (3) days of
One hundred dollars ($100) per
request to Multifamily Complex or Commercial Customers
incident.
requesting service after the Date of Commencement of
Service.
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Action or Omission
Performance fees
11
Failure to deliver Garbage, Recyclables or Compostables
Twenty-five dollars ($25) per incident.
Containers within seven (7) days of request to Single -Family
Residence Customers requesting service after the Date of
Commencement of Service.
12
Misrepresentation by Contractor in records or reporting.
Five thousand dollars ($5,000) per
incident.
13
Failure to provide the required monthly and annual reports
Five hundred dollars ($500) per day
on time. Failure to provide adequate or timely response to
past deadline.
a request for an Ad Hoc report.
14
Failure to maintain clean, sanitary and properly painted
Fifty dollars ($50) per incident, up to
Containers. Failure to replace or repair broken lids on
maximum of one thousand dollars
Containers.
($1,000) per inspection.
15
Failure to maintain contract -compliant vehicles.
Fifty dollars ($50) per incident, up to
maximum of one thousand dollars
($1,000) per inspection.
16
Failure to meet Customer service answer and on -hold time
One hundred dollars ($100) per day.
performance requirements specified in Section 4.3.2.4.
17
Failure to meet the service and performance standards
Two hundred and fifty dollars ($250)
listed in Section 4.3.2 (inclusive of subsections) of this
per day until the service standards
Contract for a period of two (2) consecutive months.
listed in Section 4.3.2 are met for ten
(10) consecutive business days.
18
Failure to ensure that all Customers have contract
Five thousand dollars ($5,000) per day,
compliant Garbage, Recycling, and Compostables
plus twenty-five dollars ($25) per
Containers on or before the Date of Commencement of
Container for each incident occurring
Service.
after the Date of Commencement of
Service.
19
Failure to include City -authorized instructional/promotional
Fifty dollars ($50) per incident, with no
materials when a new Garbage, Recycling, and/or
maximum.
Compostables account is established. .
20
Failure to separate collection of materials from Service Area
Five thousand dollars ($5,000) per
Customers from non -service area customers, unless such
route per day.
collection is authorized in writing by the City.
21
Inability to reach the Contractor's staff via the emergency
Two hundred -fifty dollars ($250) per
telephone number.
incident.
22
The use of outdated, or non -City -approved stickers, or lack
Fifty dollars ($50) per Container.
of required stickers on Contractor provided Containers.
23
Failure to have correct rates for all Customer sectors and
Two hundred -fifty dollars ($250) per
service levels listed on the Contractor's website.
day, with no maximum.
24
Failure to maintain, or reduction of, Recyclables or
$500 per Complex
Compostables service volume below established thresholds
for Multi -Family Customers without prior City permission.
25
Failure to close lids on Detachable Containers after
Fifty dollars ($50) per incident, up to
emptying.
maximum of one thousand dollars
($1,000) per inspection.
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Action or Omission
Performance fees
26
Failure to investigate, follow-up, and rectify, a "Haul or
$250 per Complex
Call" event at a Multifamily Complex as described in Section
4.3.5.
Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the
Contractor that shall be considered violations or breaches of the Contract, and the City reserves the
right to exercise any and all remedies it may have with respect to these and other violations and
breaches. The performance fees schedule set forth here shall not affect the City's ability to terminate
this Contract as described in Section 6.2.
Performance fees, if assessed during a given month, shall be invoiced in writing by the City to the
Contractor. The Contractor shall be required to pay the City the invoiced amount within thirty (30) days
of billing. Failure to pay performance fees shall be considered a breach of this Contract, and shall accrue
penalty charges of eight percent (8.0%) per month of the amount of any delinquent payments.
Any performance fees assessed against the Contractor may be appealed by the Contractor to the City
within ten (10) days of being invoiced for assessed performance fees. The Contractor shall be allowed to
present evidence as to why the amount of the assessed performance fees should be lessened or
eliminated, including the provision of incorrect information provided by a previous contractor for
contract failures during the initial transition period. The City's decision shall be final and not subject to
appeal.
6.2 Contract Default
The Contractor shall be in default of this Contract if it violates any material provision of this Contract. In
addition, the Contractor shall be in default of the Contract should any of the following occur, including,
but not limited to:
1. The Contractor fails to commence the collection of Garbage, Recyclables, or Compostables, or
fails to provide any portion of service under the Contract on the Date of Commencement of
Service, or for a period of more than five (5) consecutive days at any time during the term of this
Contract, except as provided pursuant to Section 4.1.19;
2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license
required by the City, County, or any federal, State, or other regulatory body in order to collect
materials under this Contract, or comply with any environmental standards and regulations;
3. The Contractor's noncompliance creates a hazard to public health or safety or the environment;
4. The Contractor causes uncontaminated Recyclables or Compostables to be disposed of in any
way, such as in a landfill or incinerated at an incinerator or energy recovery facility, without the
prior written permission of the City;
S. The Contractor fails to make any required payment to the City, as specified in this Contract;
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6. The Contractor is assessed performance fees pursuant to Section 6.1 in excess of fifteen
thousand dollars ($15,000) during any consecutive six (6) month period; or
7. The Contractor fails to resume full service to Customers within twenty-one days following the
initiation of a labor disruption pursuant to Section 4.1.19.
The City reserves the right to pursue any remedy available at law or in equity for any default by the
Contractor. In the event of default, the City shall give the Contractor ten (10) days' prior written notice
of its intent to exercise its rights, stating the reasons for such action; however, if an emergency shall
arise (including but not limited to a hazard to public health or safety or the environment) that does not
allow ten (10) days prior written notice, the City shall promptly notify the Contractor of its intent to
exercise its rights. If the Contractor cures the stated reason within the stated period, or initiates efforts
satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City may
opt not to exercise its rights for the particular incident. If the Contractor fails to cure the stated reason
within the stated period, or does not undertake efforts satisfactory to the City to remedy the stated
reason, then the City may at its option terminate this Contract effective immediately.
If Contractor abandons or violates any material provision of this Contract, fails to fully and promptly
comply with all its obligations, or fails to give any reason satisfactory to the City for noncompliance, and
fails to correct the same, the City, after the initial ten (10) days' notice, may then declare the Contractor
to be in default of this Contract and notify the Contractor of the termination of this Contract. A copy of
said notice shall be sent to the Contractor and surety on the Contractor's performance bond. Upon
receipt of such notice, the Contractor agrees that it shall promptly discontinue the services provided
under this Contract. The surety of the Contractor's performance bond may, at its option, within ten (10)
days from such written notice, assume the services provided under this Contract that the City has
ordered discontinued and proceed to perform same, at its sole cost and expense, in compliance with the
terms and conditions of the Contract, and all documents incorporated herein.
In the event that the surety on the Contractor's performance bond fails to exercise its option within the
ten (10) day period, the City may complete the Services provided under this Contract or any part
thereof, either through contract with another party or any other means.
The City shall be entitled to recover from Contractor and the surety on Contractor's performance bond
as damages for all expenses incurred, including reasonable attorneys' fees, together with all such
additional sums as may be necessary to complete the services provided under this Contract, together
with any further damages sustained or to be sustained by the City. A surety performing under this
Contract shall be entitled to payment in accordance with this Contract for Contract services provided by
the surety, and shall otherwise be subject to the same rights and obligations with respect to the
Contract services furnished by the surety as would be applicable if the Contract services were to be
performed by the Contractor. The City's obligation to pay for such Contract services shall be subject to
satisfactory performance by the surety as well as to setoffs or recoupments for sums, if any, owed by
Contractor to City on account of Contractor's abandonment or default.
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7. NOTICES
Routine communications between the Contractor and the City's contract manager shall be conducted
via e-mail unless otherwise required. All notices referencing change of ownership, penalties, rate
requests, performance fees, or Contract default shall be in writing and personally served or mailed
(postage -prepaid and return receipt requested), addressed to the Parties as follows, or as amended by
the City:
To the City:
Public Works Director
City of Federal Way
33325 8th Avenue S
Federal Way, WA 98003
To Contractor:
Area Director of Public Sector Solutions
Waste Management of Washington, Inc.
720 4th Avenue, Suite 400
Kirkland, WA 98033
8. GENERAL TERMS
8.1 Collection Right
Throughout the Contract Term, the Contractor shall be the exclusive provider with which the City shall
contract to collect Garbage, Compostables, and Recyclables placed in designated Containers and set out
in the regular collection locations within the City Service Area subject to this Contract. When asked by
the Contractor, the City shall make a good faith effort to protect the exclusive rights of the Contractor
under this Contract; however, The City shall not be obligated to join or instigate litigation to protect the
right of the Contractor. The Contractor may independently enforce its rights under this Contract against
third party violators, including, but not limited to, seeking injunctive relief, and the City shall use good
faith efforts to cooperate in such enforcement actions brought by the Contractor (without obligating the
City to join any such litigation, except for as provided in this paragraph). Such efforts may include but
not be limited to cease and desist letters, assistance with documenting violations, and other activities as
City staff time reasonably allows.
This Contract provision shall not apply to Garbage, Recyclables, or Compostables self -hauled by the
generator; to Source -separated materials hauled by common or private carriers (including drop-off
recycling sites); or to construction/demolition waste hauled by self -haulers or construction or
demolition contractors in the normal course of their business.
The Contractor shall retain the right and cover all costs to dispose of or process and market the Garbage,
and Compostables once those materials are placed in Contractor -provided or City -owned containers.
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The Contractor shall cover all costs to process Recyclables once those materials are placed in Contractor -
provided or City -owned containers.
8.2 Access to Records
The Contractor shall maintain in its local office full and complete operations, Customer, financial, and
service records that at any reasonable time shall be open for inspection and copying for any reasonable
purpose by the City. In addition, the Contractor shall, during the Contract term, and at least seven (7)
years thereafter, maintain in an office in King County, reporting records and billing records pertaining to
the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting
the Contractor's services provided under this Contract. Those Contractor's accounts shall include, but
shall not be limited to, all records, invoices, and payments under the Contract, as adjusted for additional
and deleted services provided under this Contract. The City shall be allowed access to these records for
audit and review purposes, subject to the same protections of the Contractor's financial or other
proprietary information set forth in Section 5.3.
The Contractor shall make available copies of certified weight slips for Garbage, Recyclables, and
Compostables on request within two (2) business days of the request. The weight slips may be
requested for any period during the Term of this Contract.
8.3 Insurance
The Contractor shall procure and maintain, for the Term of the Contract, insurance that meets or
exceeds the coverage set forth below, as determined in the sole reasonable discretion of the City. The
cost of such insurance shall be paid by the Contractor.
Contractor's maintenance of insurance as required by this Contract shall not be construed to limit the
liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
8.3.1 Minimum Scope of Insurance
The Contractor shall obtain insurance that meets or exceeds the following of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired, and leased vehicles.
Coverage shall be written on Insurance Services Office ("I5O") form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage. The policy shall include the ISO CA 9948 Form (or its equivalent)
for transportation of cargo and a MCS 90 Form in the amount specified in the Motor Carrier Act.
The policy shall include a waiver of subrogation in favor of the City. The City shall be named as
an additional insured under the Contractor's Automobile Liability insurance policy.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01, or a
substitute form providing equivalent liability coverage and shall cover liability arising from
premises, operations, independent contractors, products -completed operations, personal injury
and advertising injury, and liability assumed under an insured contract. There shall be no
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endorsement or modification of the Commercial General Liability insurance for liability arising
from explosion, collapse, or underground property damage. The City shall be named as a
Primary -Non Contributory Additional Insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the City, using ISO additional
insured endorsements CG 2010 0704 and CG 2037 0704.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4. Contractor's Pollution Liability insurance coverage covering any occurrence of bodily injury,
personal injury, property damage, cleanup costs, and legal defense expenses applying to all
work performed under the contract, including that related to transported cargo. The City shall
be named as a Primary -Non Contributory Additional Insured under the Contractor's Pollution
Liability insurance policy.
8.3.2 Minimum Amounts of Insurance
Contractor shall maintain at a minimum the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of Ten million dollars ($10,000,000) for each accident. Limits may be achieved
by a combination of primary and umbrella policies.
2. Commercial General Liability insurance shall be written with limits no less than ten million
dollars ($10,000,000) for each occurrence, Twenty million dollars ($20,000,000) general
aggregate, and a twenty million dollar ($20,000,000) products -completed operations aggregate
limit. Limits may be achieved by a combination of primary and umbrella policies.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4. Contractor's Pollution Liability insurance shall be written with limits no less than ten million
dollars ($10,000,000) combined single limit for each pollution condition for bodily injury,
personal injury, property damage, cleanup costs, and legal defense expense.
8.3.3 Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
Liability, Commercial General Liability, and Contractor's Pollution Liability coverage:
1. The Contractor's insurance coverage shall be the primary insurance with respect to the City, its
officials, employees, and volunteers. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it. The City, its officials, employees, agents, and volunteers shall be named as Primary -Non
Contributory Additional Insured's on the Contractor's Automobile Liability, Commercial General
Liability, and Pollution Liability insurance policies, via blanket -form endorsement.
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2. Coverage shall state that the Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
3. Each insurance policy required by the insurance provisions of this Contract shall provide the
required coverage and shall not be canceled except after thirty (30) days' prior written notice
(ten (10) days' notice for non-payment of premium) has been given to the City. Such notice shall
be sent directly to the City. If any insurance company refuses to provide the required notice, the
Contractor or its insurance broker shall notify the City of any cancellation of any insurance
immediately on receipt of insurers' notification to that effect.
4. All Deductibles or Self Insured Retentions shall be the full responsibility of the Contractor.
5. Insurance Limits required are minimum limits and do not reduce the Defense, Indemnity, Hold
Harmless Liability or any other liabilities of the Contractor.
8.3.4 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:XII.
8.3.S Verification of Coverage
The Contractor shall furnish the City with original certificates and a copy of the blanket -form
amendatory endorsements as required herein, including, but not necessarily limited to, the additional
insured endorsement, evidencing the insurance requirements of the Contractor at least one (1) month
before the Date of Commencement of Service of this Contract.
8.3.6 Subcontractors
The Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject
to all of the same insurance requirements as stated herein for the Contractor, including the requirement
that the City, its officials, employees, and volunteers be named Primary -Non Contributory Additional
Insured's on the Contractor's insurance policy and shall provide applicable endorsements in a form
acceptable and approved by the City.
8.4 Performance Bond
The Contractor shall provide and maintain at all times a valid Contractor's Performance and Payment
Bond or bonds in a form provided by the City in the amount of two million dollars ($2,000,000). The
bond(s) shall be issued for a period of not less than one (1) year, and the Contractor shall provide new
bond(s) to the City no less than sixty (60) calendar days prior to the expiration of the bond(s) then in
effect. The City shall have the right to call the bond(s) in full in the event its renewal is not confirmed
prior to five (5) calendar days before its expiration.
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8.5 Indemnification
8.5.1 Defend, Indemnify and Hold Harmless
Contractor shall indemnify, defend, protect, and hold harmless the City, its elected and appointed
officials, officers, employees, representatives, volunteers, and agents, from any and all third party claims
or suits, and any damages, costs, judgments, awards or liability resulting from such claims or suits:
(a) for injury or death of any person or damage to property to the extent the same is caused by
the actual or alleged negligent acts or omissions, or willful misconduct, of Contractor, its agents,
servants, representatives, officers, or employees in the performance of this Contract and any rights
granted hereunder, or
(b) to the extent such claim or demand is caused by Contractor's unlawful release of Hazardous
Waste in violation of any Environmental Law in its performance of Services and exercise of any rights
granted hereunder.
This indemnity under subsection 8.5.1.(1)(b) includes each of the following to the extent the same is
caused by Contractor's unlawful release of Hazardous Substances in violation of applicable
Environmental Laws: (i) liability for a governmental agency's costs of removal or remedial action for such
release by Contractor of Hazardous Waste; (ii) damages to natural resources caused by Contractor's
release of Hazardous Waste, including reasonable costs of assessing such damages; (iii) liability for any
other person's costs of responding to such release by Contractor of Hazardous Waste; and (iv) liability
for any costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising
under any Environmental Laws that are caused by Contractor's release of Hazardous Waste. Provided,
however, such indemnification shall not extend to any claims, demands, liability, loss, cost, damage or
expense of any nature whatsoever including all costs and attorneys' fees caused by the sole negligence
of the City, its agents, employees, official, officers, contractors or subcontractors.
8.5.2 Process
In the event any claim for such damages be presented to or filed with the City, the City shall promptly
notify Contractor thereof, and Contractor shall have the right, at its election and at its sole cost and
expense, to settle and compromise such claim, provided further, that in the event any suit or action is
filed against the City based upon any such claim or demand, the City shall likewise promptly notify
Contractor thereof, and Contractor shall have the right, at its election and its sole cost and expense, to
settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys
of its own election. The indemnification obligations set forth herein shall extend to claims which are not
reduced to a suit and any claims which may be compromised, with Contractor's written consent, prior to
the culmination of any litigation or the institution of any litigation. The City has the right to defend or
participate in the defense of any such claim at its own cost and expense, provided that Contractor shall
not be liable for such settlement of other compromise unless it has consented thereto in writing.
The provisions contained herein have been mutually negotiated by the Parties. Solely to the extent
required to enforce the indemnification provisions of this Section 8.5.1, Contractor waives its immunity
under Title 51 RCW, Industrial Insurance; provided; however, the foregoing waiver shall not in any way
City of Federal Way 63 July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
preclude Contractor from raising such immunity as a defense against any claim brought against
Contractor by any of its employees.
Inspection or acceptance by the City of any Services performed under this Contract shall not be grounds
for avoidance of any of these covenants of indemnification, defense, and hold harmless. Said
indemnification, defense, and hold harmless obligations shall extend to claims that are not reduced to a
suit and any claims which may be compromised, with Contractor's prior written consent, prior to the
culmination of any litigation or the institution of any litigation.
The provisions of this section shall survive the termination or expiration of this Contract.
8.6 Confidentiality of Information
Pursuant to the Washington Public Records Act ("PRA"), Chapter 42.56 RCW, public records, as defined
by the PRA, may be subject to disclosure upon request by any person, unless the documents are exempt
from public disclosure by a specific provision of law.
If the City receives a request for inspection or copying of any such documents, it shall promptly notify
the Contractor in writing regarding the public records request. The City will give the Contractor ten (10)
business days after such notification within which to obtain a court order prohibiting the release of the
documents. The City assumes no contractual obligation to enforce any exemption under the PRA.
8.7 Assignment of Contract
8.7.1 Assignment or Pledge of Money by the Contractor
The Contractor shall not assign or pledge any of the money due under this Contract without securing the
prior written approval of the surety of the Contractor's performance bond and providing at least thirty
(30) days' prior written notice to the City of such assignment or pledge together with a copy of the
surety's approval thereof. Such assignment or pledge, however, shall not release the Contractor or its
sureties from any obligations or liabilities arising under or because of this Contract. The requirements of
this section shall not apply to the grant of a general security interest in the Contractor's assets to secure
the Contractor's obligations under any loan or credit facility entered into by the Contractor or the
Contractor's lawfully organized corporate affiliates.
8.7.2 Assignment, Subcontracting, Delegation of Duties
The Contractor shall not assign or sub -contract any of the services provided under this Contract or
delegate any of its duties under this Contract without the prior written approval of the City, which may
be granted or withheld in the City's sole discretion.
In the event of an assignment, sub -contracting, or delegation of duties, the Contractor shall remain
responsible for the full and faithful performance of this Contract and the assignee, subcontractor, or
other obligor shall also become responsible to the City for the satisfactory performance of the services
to be provided under this Contract. The City may impose conditions of approval on any such assignment,
subcontracting, or Change of Control, including but not limited to requiring the delivery by the assignee,
City of Federal Way 64 July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
subcontractor, or other obligor of its covenant to the City to fully and faithfully complete the services to
be provided under this Contract or responsibilities undertaken. In addition, the assignee, subcontractor,
or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Contract.
The City may terminate this Contract if the assignee, subcontractor, or obligor does not comply with this
clause.
For the purposes of this Contract, any change of control of the Contractor shall be considered an
assignment subject to the requirements of this section. Nothing herein shall preclude the City from
executing a novation, allowing the new ownership to assume the rights and duties of the Contract and
releasing the previous ownership of all obligations and liability.
8.7.3 Change of Trade Name
In the event the Contractor wishes to change the trade name under which it does business under this
Contract, the Contractor shall provide the name, logo, and colors under which it will be doing business in
writing to the City at least thirty (30) days prior to the effective date of its change of trade name. Within
a reasonable period following a change of trade name by the Contractor, all items, logos, articles, and
implements seen by the public shall be changed, including but not limited to letterhead, signs,
promotional materials, website pages, billing statements, envelopes, and other items. Vehicles are the
only exception; vehicles must be repainted with new trade name, and any new logo or colors, within
two (2) years of the effective date of the change of trade name. Failure to comply with the terms of this
section shall result in penalties assessed against the Contractor in accordance with Section 6.1.
8.8 Laws to Govern/Venue
This Contract shall be governed by the laws of the State of Washington both as to interpretation and
performance. Venue shall be in Superior Court in the State of Washington for King County.
8.9 Compliance with Applicable Laws and Regulations
The Contractor shall comply with all federal, state, and local regulations and ordinances applicable to
the work to be done under this Contract. Any violation of the provisions of this section shall be
considered a violation of a material provision of this Contract and shall be grounds for cancellation,
termination, or suspension of the Contract by the City, and may result in ineligibility for further work for
the City.
The Contractor agrees not to discriminate against any employee or applicant for employment or any
other persons in the performance of this Contract because of race, religion, creed, color, national origin,
marital status, gender, age, disability, sexual orientation, gender identity, or other circumstances as may
be defined by federal, state, or local law or ordinance, except for a bona fide occupational qualification.
Without limiting the foregoing, Contractor agrees to comply with the provisions of the Affidavit of Equal
Opportunity & Title VI Compliance requirements incorporated herein by this reference. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices to
be provided by the Contractor setting forth the provisions of this nondiscrimination clause.
City of Federal Way 65 July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Conditions of the Federal Occupational Safety and Health Act of 1970, the Washington Industrial Safety
and Health Act of 1973, and standards and regulations issued under these Acts from time -to -time must
be complied with, including ergonomic and repetitive motion requirements. The Contractor must
defend, indemnify, and hold harmless the City from all damages, injuries or losses assessed for the
Contractor's failure to comply with the Acts and Standards issued therein. The Contractor is also
responsible for meeting all local, state, and federal health and environmental regulations and standards
applying to the operation of the collection and processing systems used in the performance of this
Contract.
The Contractor is specifically directed to observe all weight -related laws and regulations in the
performance of these services, including axle bridging and loading requirements.
8.10 Permits and Licenses
The Contractor and subcontractors shall secure a City business license and pay all fees and collect and
remit all taxes levied by the City. The Contractor shall obtain all permits, certifications, authorizations,
and licenses necessary to provide the services required herein prior to the Date of Execution of this
Contract at its sole expense.
The Contractor shall be solely responsible for all taxes, fees, and charges incurred, including, but not
limited to, license fees and all federal, state, regional, county, and local taxes and fees, including income
taxes, property taxes, excise taxes, permit fees, operating fees, surcharges of any kind that apply to any
and all persons, facilities, property, income, equipment, materials, supplies, or activities related to the
Contractor's activities under the Contract, business and occupation taxes, workers' compensation, and
unemployment benefits.
8.11 Relationship of Parties
The City and Contractor intend that an independent contractor relationship shall be created by this
Contract. The implementation of services shall lie solely with the Contractor. No agent, employee,
servant, or representative of the Contractor shall be deemed to be an employee, agent, servant, or
representative of the City.
8.12 Contractor's Relationship with Customers
The Contractor shall not separately contract with Customers for any services covered under this
Contract; however, the Contractor may negotiate separate agreements with Customers for the sole
purpose of compactor leasing, payment for recyclables, or other related services only when not included
or specified in this Contract, provided that Customers are provided separate invoices for those services
and that the Contractor makes it clear to Customers that those services are not provided under this
Contract. These separate agreements must be in writing and shall in no way expressly or by application
supersede this Contract. The Contractor agrees these separate agreements shall not contain durations
any longer than the final date of this Contract's Term. These separate agreements shall not have terms
that automatically renew past the expiration of this Contract. These separate agreements must
terminate prior to the expiration of this Contract. The Contractor shall provide to the City a detailed list
City of Federal Way 66 July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
of all such separate agreements with Customers upon the City's request. The City may, at its sole option,
regulate similar or identical services in the successor to this contract.
8.13 Bankruptcy
It is agreed that if an order for relief with respect to the Contractor is entered in any bankruptcy case,
either voluntarily or involuntarily, in which the Contractor is a debtor, then this Contract, at the option
of the City, may be terminated effective on or after the day and time the order for relief is entered.
8.14 Right to Renegotiate/Amend
The City shall retain the right to renegotiate this Contract or negotiate contract amendments at its
discretion or based on policy changes, state statutory changes, or County rule changes, Washington
State, or federal regulations regarding issues that materially modify the terms and conditions of the
Contract, including but not limited to any modifications to contracting terms or policies as they relate to
County disposal services. The City may also renegotiate this Contract should any Washington State,
County, or City rate or fee associated with the Contract be held illegal or any increase thereof be
rejected by voters. In addition, the Contractor agrees to renegotiate in good faith with the City in the
event the City wishes to change disposal locations or add services to the Contract, and to provide full
disclosure of existing and proposed costs and operational impacts of any proposed changes.
This Contract may be amended, altered, or modified only by a written amendment or addendum
executed by authorized representatives of the City and the Contractor.
8.15 Force Majeure
Provided that the requirements of this section are met, Contractor shall not be deemed to be in default
and shall not be liable for failure to perform under this Contract if Contractor's performance is
prevented or delayed by Acts of Nature, including landslides, lightning, forest fires, storms, floods,
freezing and earthquakes, terrorism, civil disturbances, acts of the public enemy, wars, blockades, public
riots, explosions, governmental restraint or other causes, whether of the kind enumerated or otherwise,
that are not reasonably within the control of the Contractor, and are not the result of the willful or
negligent act, error or omission of the Contractor; and that could not have been prevented by the
Contractor through the exercise of reasonable diligence ("Force Majeure"). The Contractor's obligations
under this Contract shall be suspended, but only with respect to the particular component of obligations
affected by the Force Majeure and only for the period during which the Force Majeure exists.
The following events do not constitute Force Majeure: strikes, other than nationwide strikes or strikes
that by virtue of their extent or completeness make the particular goods or services effectively
unavailable to the Contractor; work stoppages or other labor disputes or disturbances occurring with
respect to any activity performed or to be performed by the Contractor; accidents to machinery,
equipment or materials; unavailability of required materials or disposal restrictions; or general economic
conditions.
If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations
under this Contract, the Contractor shall notify the City by telephone and email, on or promptly after the
City of Federal Way 67 July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Force Majeure is first known, followed within seven (7) days by a written description of the event and
cause thereof to the extent known; the date the event began, its estimated duration, the estimated time
during which the performance of the Contractor's obligations will be delayed; the likely financial impact
of the event; and whatever additional information is available concerning the event and its impact on
the City and its Customers. The Contractor shall provide prompt written notice of the cessation of the
Force Majeure. Whenever such event shall occur, the Contractor, as promptly and as reasonably
possible, shall use its best efforts to eliminate the cause, reduce the cost, and resume performance
under the Contract. In addition, if as a result of a Force Majeure event, Contractor is unable wholly or
partially to meet its obligations under this Contract, the Contractor shall notify all Customers regarding
the disruption in collection service in a manner similar to the notification required in the case of
inclement weather under Section 4.1.7.
8.16 Severability
If any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions of
the Contract shall remain in full force and effect.
8.17 Waiver
No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying
such waiver, and executed by the party against whom such waiver is sought to be enforced. A waiver by
either party of any of its rights under this Contract on any occasion shall not be a bar to the exercise of
the same right on any subsequent occasion or of any other right at any time.
8.18 Incorporation of Contractor's Proposal in Response to City's RFP
The Contractor's Proposal, dated April 15, 2019, submitted in response to the City's Request for
Proposals, is fully incorporated by this reference, including but not limited to collection vehicle types,
customer service staffing and approach, processing abilities and other commitments made in the
Contractor's proposal and all associated clarifications and supplemental proposal materials or
attachments. In the case of conflict between the Contractor's proposal and this Contract, the provisions
of this Contract shall prevail.
8.19 Dispute Resolution
The Parties shall attempt to resolve any and all disputes to the mutual satisfaction of both Parties by
good faith discussions. Throughout the duration of a dispute, the Contractor shall continue providing all
Services included in this Contract. Disputes not resolved in accordance with other provisions of this
Contract or through good faith discussions shall be submitted to non -binding mediation before a
mediator acceptable to both the City and the Contractor. All costs of mediation, including the City's
attorneys' fees and expert witness fees, shall be paid for by the Contractor. Neither party may initiate or
commence legal proceedings prior to completion of the non -binding mediation.
City of Federal Way 68 July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
8.20 Entirety
This Contract and the exhibits affixed hereto and herein incorporated by reference represent the entire
agreement between the City and the Contractor with respect to the services to be provided under this
Contract. No prior written or oral statement or proposal shall alter any term or provision of this
Contract.
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
WASTE ANAGEMENT OF ASHINGTON, INC CITY OF FEDERAL WAY
By B�Prre
ason Re, Presi nt ll, Mayor
Approved as to Form:
By At
-Fpf J. Ryan Call, City Attorney
City of Federal Way 69 July, 2019
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
EXHIBITS
EXHIBIT A: Service Area
EXHIBIT B: Early Start of Service Support
EXHIBIT C: Recyclables List
EXHIBIT D: Service Support Resource Levels
EXHIBIT E: Contractor Rates
EXHIBIT F: Rate Modification Example
City of Federal Way 1 July, 2019
Exhibits
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City of Federal Way 1
July, 2019
Service Area
EXHIBIT B
Earlv Start of Service Suonort
New Customer Service Staffing and Phone Queue: "Customer Service, lust for You"
As of September 1, 2019, a Federal Way Customer Service Team (Four dedicated staff: two
supervisors plus two floor leads) will oversee Federal Way customer calls. Designated staff will
travel to Federal Way at least twice each year to meet with City staff and have ride alongs with
drivers to see services delivered to customers first hand. The Federal Way Customer Service
Team will have exceptional knowledge and know-how regarding implementing the intricacies of
this Contract and the "Customer Service, Just for You" initiative.
Contractor will transition to Federal Way's new Dedicated Call Queue (accessed via the City's
original garbage service phone number: 253-833-3333). Contractor will maintain this phone line
so it will continue to be fully operational as a current alternative to the contractor's aggregated
toll -free service phone number. As of September 1, 2019, calls using this original phone number
will be answered via a Dedicated Call Queue.
Contractor will track and provide weekly reports to the City of the metrics related to the
Dedicated Call Que including speed to answer, hold times, and call abandonment data
specifically originating from the Federal Way service area via the original phone number.
The Dedicated Call Queue will also feature Federal Way -focused greeting and phone tree
options that will also become operational as of September 1, 2019.
Extending Customer Service Center Hours on all Saturdays
As of September 1, 2019, Contractor's Federal Way Customer Service Team will field calls from
customers Monday -Friday from 7:00 a.m. to 7:00 p.m. and Saturdays from 8:00 a.m. to 5:00
p.m.
Education and Outreach Coordinator — ongoing support for Federal Way
As of September 1, 2019, Contractor's Public Education and Outreach Coordinator assigned to
the Federal Way service area will be based at the South Sound district. This staff person will
dedicate no less than 40% FTE in annual staff hours to developing, managing and providing
education and outreach programs in Federal Way.
City of Federal Way 1 July, 2019
Early Start to Support Services
EXHIBIT C
List of Recyclables
Recyclable•
ling Instructions
Limitations
Aluminum —Ali clean aluminum cans, trays,
X
Place in recycling Container,
pie tins, and clean food containers
Corrugated Cardboard — All corrugated
All corrugated cardboard boxes
No larger than 3' x 3' in size, larger boxes
cardboard boxes
X
placed in or next to recycling
shall be cut down to size.
Container.
Glass Containers — All colored or clear jars and
X
Empty, remove lids, and place in
bottles, rinsed, with lids removed
recycling Container.
Paper —All clean mixed paper, colored paper,
Place in recycling Container.
magazines, phone books, catalogues,
X
advertising supplements
Plastic Containers — All plastic bottles, jugs,
Empty, clean, place in recycling
Plastic bottles, jugs, tubs or containers that
and tubs.
X
Container.
have hazardous or toxic products, such as
motor oil or pesticides are excluded.
Scrap Metal —All ferrous and non-ferrous
Small items: Place in recycling
Less than 2' x 2' and 35 lbs. Less than 5%
scrap metal, including lids > 3" free of wood,
X
Container or secure (e.g. bundle or
non-metal parts.
rubber, and other contaminants
box) next to recycling Container.
Tin Cans — All clean food and beverage tin
X
Place in recycling Container.
cans and tin lids 3" or larger
Used Cooking Oil
Seal uncontaminated oil (no large
Limit: Three (3) gallons per pick-up and ten
solids) in clean, clear, screw-top
(10) gallons per year. Single family only.
X
plastic jugs. Label jugs with name and
address and place next to recycling
Cart.
Used Motor Oil
Seal uncontaminated oil in clean,
Limit: Three (3) gallons per pick-up and ten
clear, screw-top plastic jugs. Label
(10) gallons per year. Single family only.
X
jugs with name and address and
place next to recycling Cart.
City of Federal Way 1 July, 2019
List of Recyclables
EXHIBIT D
Service Support Resource Level
The table on the following pages clarifies outreach programs proposed by the Contractor in their
response to the City's Request for Proposal. In general, the City will support Contractor -proposed
outreach programs that are intended to be impactful and scaled to be beneficial for City ratepayers.
Individual outreach programs will be implemented after appropriate outcomes and measures are agreed
to by both parties, including a written commitment of resources to be provided by the Contractor. The
Contractor shall track the implemented outreach programs and report program outcomes in each year's
annual report.
City of Federal Way 1 July 2019
Service Support Resource Level
Waste Management Service Support Resource Levels
For Federal Way Collection Service Contract
Program/
Details
Metric
Goal
Project
COLLATERAL: PROMOTION AND EDUCATION
New Customer
One welcome packet comprised of materials from the annual
# customers
Inform and
Welcome
comprehensive service packet per each new residential,
per LOB
educate
Packets
multifamily and commercial customer for term of Contract.
customers
Customers may choose electronic or mailed copy. Hard copy
mailed welcome packets require a minimum 5-days from new
customer starts.
Comprehensive
See Section 4.3.5 of Contract. Once per year and at start of
# customers
Inform and
Service Packet
Contract for all customers. Once per year for residential non-
educate
subscribers and multifamily residences.
customers
Bill Inserts
One insert per quarter for each residential, multifamily and
# customers
Inform and
commercial customers.
educate
customers
Foodcycler
One e-newsletter per quarter to residential and multifamily
# customers
Inform and
E- Newsletter
customers where Contractor has a valid email address on
educate
record. Foodcycler E-newsletter will be repurposed from
customers
WM's Foodcycler Program with King County; E-newsletter will
not be city -specific nor amended to contain additional or
different information.
Oops Tags
As needed in support of contamination program and protocol
# incidents
Reduce
for term of Contract. Double -sided notice with contamination
per tag type
contamination
feedback on one side and guidelines on the other. One tag for
each material type: recycling, compost, and garbage.
Transcreated
Collection guidelines available as needed for garbage,
# materials
Inform and
Materials
recycling and food/yard waste, upon request of customer for
distributed in
educate
term of Contract. See Contractor's Proposal for languages
each language
customers
available.
Multilingual
Bilingual decals (Spanish, Korean and Russian) available upon
# decals
Inform and
Dumpster
request from property manager for term of Contract. Standard
distributed in
educate
Decals
size of decal is 14 x 11 for containers ranging from 1-8 yards.
each language
customers
Distributed by Public Education team and printed as needed.
for each
material type
Postcards for
See "Know before you throw" program
# postcards
Reduce
Multifamily
distributed
contamination
Contamination
Campaign
City of Federal Way 2 July, 2019
Support Service Levels
Program/
Details
Metric
Goal
Project
Reusable Tote
20,000 tote bags produced by Contractor prior to
Reduce
Bags for
commencement of Contract, for multifamily customers for
contamination
Recyclables
term of Contract. Tote bags will be distributed as needed by
and reduce
Public Education & Outreach and will vary based on location
bagged
and property manager.
material in
recycle
container
PROGRAMS AND CONTAMINATION REDUCTION: NO LESS THAN 16 HOURS PER WEEK OF STAFF TIME
Recycling
Up to 4 per year upon request; facilitation of tour only
# tours given
Inform and
Facility Tours at
(transportation to/from facility not included). Requests may
and number
educate
CRC
be for either CRC or JMK with limits on tour size for JMK
of people on
facility and signed waivers. Tours are not available outside
tour
business hours at this time.
Classroom
Up to 4 workshops and 4 lunch room audits per year upon
# workshops
Educate youth
Workshops
request. Available for K-121h grade with age appropriate
and lunch
and reduce
activities including quiz games, sorting games, songs, stories,
room audits
contamination
and worksheets. Promoted through WM social media.
conducted
Community
At least 4 events per year; events will be selected in
# events
Inform and
Events - WM
coordination with the city. WM will provide 100 reusable
conducted
educate
Educational
shopping bags per event for booth visitors.
and estimated
customers
Booths
number of
attendees to
educational
booth
WM Recycle
Each summer WM will deploy summer interns towards
detailed
Increase
Corps
contractual obligations as needed and in collaboration with
report of
diversion
the city. WM will provide a minimum of two (2) interns each
outreach
and/or reduce
summer to conduct various activities like multifamily door -to-
conducted
contamination
door outreach and events as already contemplated
deliverables within this chart.
WM Think
WIVI to host one 6-hour event per year for multifamily and
# attendees,
Diversion
Green
residential customers only. Residents drop off items at
type of items
Recycling and
convenient collection location designated by Contractor.
and #
Reuse
Accepted items could include: foam, textiles, shredded paper
collected,
Collection
and electronics. Promotion through WM social media outlets.
measured by
Events
count or
weight as
appropriate
City of Federal Way 3 July, 2019
Support Service Levels
Program/
Details
Metric
Goal
Project
Multifamily On-
Public Education & Outreach will provide site visits, lobby
# properties
Increase
Site Technical
events and presentations to at least 20 properties per year.
reached and
diversion
Assistance
Properties selected through requests or determined by the
property
and/or reduce
contamination program and minimum recycling volume
diversion rate
contamination
threshold. Door-to-door education only occurs during the
or
summer with WM Recycle Corp interns. The 3C program is
contamination
part of our education process and is ongoing in reducing
reduction as
contamination.
appropriate
Multifamily
Up to 3,000 units per year.
# units
Increase
Door -to -Door
reached and
diversion
Outreach
property
and/or reduce
diversion rate
contamination
or
contamination
reduction as
appropriate
Compost
Up to 10 properties per year upon request; technical
# properties
Increase
Technical
assistance only, which includes a multifamily toolkit (a
reached and
diversion
Assistance for
brochure that explains the benefits of composting, process for
property
Multifamily
setting up a program and resident FAQ). This outreach is in
diversion rate
Properties
addition to the multifamily door-to-door outreach as
or
described above.
contamination
reduction as
appropriate
Multifamily
Weekly phone call or email (Contractor's discretion) for all
#
Reduce
Contamination
customers marked as contaminated. Public Education &
contamination
contamination
Plan
Outreach will provide a monthly report as to outreach efforts
incidents
and results.
Commercial
Monthly phone call or email (Contractor's discretion) for all
#
Reduce
Contamination
customers marked as contaminated. Public Education &
contamination
contamination
Plan
Outreach will provide monthly report as to outreach efforts
incidents
and results.
Residential
Quarterly phone call or email (Contractor's discretion) all
#
Reduce
Contamination
customers with 3 or more contamination instances.
contamination
contamination
Plan
incidents
Commercial
1 (or 2 small) commercial customer(s) per year wins (random
#
Reduce
Recycling All
selection based upon entries submitted by WM — property
contamination
contamination
Stars Incentive
goes from contaminated to consistently clean will qualify the
incidents
property for entry) a summer celebration including pizza party,
games and prizes for staff.
City of Federal Way 4 July, 2019
Support Service Levels
Program/
Details
Metric
Goal
Project
Multifamily
1 multifamily property (or 2 small, less than 200 units), per
#
Reduce
Recycling All
year wins (random selection based upon entries submitted by
contamination
contamination
Stars Incentive
WM — property goes from contaminated to consistently clean
incidents
will qualify the property for entry) a summer celebration
including pizza party, games and prizes for families.
Residential
5 customers per year wins (random selection based upon
#
Reduce
Recycling All
entries submitted by WM — resident goes from contaminated
contamination
contamination
Stars Incentive
to consistently clean will qualify the resident for entry) one
incidents
month of free service.
Clean Cart
Annually, WM will provide public education to 105 customers
#
Reduce
Program
(7 groups of 15 customers each) identified by drivers as those
contamination
contamination
needing assistance to remove contamination from recycling
incidents
container. Outreach provided at WM discretion in order to
work with customers. Progress moving customers from
contaminated to clean reported to the city each month.
SF Residential
2 per year; to assess contamination for purposes of
Reduce
Recycle Tip
educational outreach & collateral materials. WM will
contamination
Floor Audits
distribute results to the city after collecting the data.
Know Before
WM is offering Federal Way a new program for at least 3
#
Reduce
You Throw
properties per year. The goal is to achieve contamination
contamination
contamination
Multifamily
reduction by identifying specific contaminates to a property to
incidents
Contamination
assist in developing education to address that contaminate to
Campaigns
that property. WM outreach staff will audit recycling at
multifamily properties to identify the number one barrier to
clean recycling. WM will create a single -message campaign
around the issue(s) found and develop creative and
informative emails or postcards, depending on city and
property manager preferences.
City of Federal Way 5 July, 2019
Support Service Levels
Program/
Details
Metric
Goal
Project
MEDIA
Website
See Section 4.3.2.6 of Contract.
Inform and
The website is updated on an ongoing basis as information
educate
changes. In the event of a service interruption, the website
customers,
weatherboard page is updated throughout the day to provide
promote
the latest information.
programs and
The website contains .pdf versions of key documents,
services
including collection guidelines, sample oops tags, city recycling
review newsletter, and we have the capability to provide
additional information in .pdf formats as needed. Website
updates can be posted same -day, and typically within hours,
depending on the nature of the changes. We are now
examining options for creating and maintaining a dedicated
"weatherboard" page for Federal Way. Our plan for the
website is to continuously improve the customer experience
by making the website as user-friendly as possible and
providing the appropriate information as customer needs
change.
RORR
RecycleOftenRecycleRight.com as an educational resource for
Inform and
customers, as available
educate
customers
Social Media
The target for posting information for Federal Way customers
Inform and
is at least three times per month for all platforms combined.
educate
Facebook page for term of Contract. The WM Facebook page
customers,
specifically designed for Federal Way customers is
promote
littps://www.facebook.com/pg/TliinkGreenFederalWaY/posts
programs and
/?ref=page internal.
services
The WM Twitter page for Federal Way and other WM
customers in Western Washington is
https://twitter.coni/WMPugetSound.
We use Federal Way -specific tags to ensure visibility by local
media, local organizations, the chamber and the city. Any City
or Mayor tags will be reviewed by City before posting.
We proactively encourage customers to follow us on the
Federal Way Facebook by including invitations on the website
(http://wmnot.tliwest.corn/federalway/index.html) and on
customers' postcards and information packet materials.
City of Federal Way 6 July, 2019
Support Service Levels
Program/
Details
Metric
Goal
Project
MISCELLANEOUS
Specialized lids
Comply with Section 4.3.5 of Contract.
#
Reduce
with slots for
contamination
contamination
detachable
incidents
container lids
Specific
WM will assist multifamily complexes with coming into
#
Reduce
Procedures for
compliance with recycling volume thresholds or contamination
contamination
contamination
Multifamily
thresholds. The initial recycling volume thresholds are
incidents
and increase
Complexes
established as 0.12 cubic yards per week per unit
diversion
(approximately 96 gallons per month) and a target of 5% of
less contamination by volume. Coming into compliance may
include door-to-door education, training of residents and/or
property management staff, signage and posted information,
addressing space and capacity constraints. The Contractor
shall also coordinate and work cooperatively with City staff
and/or consultants hired to conduct outreach and education,
and otherwise provide technical assistance.
City of Federal Way 7 July, 2019
Support Service Levels
Exhibit E: Contractor Rates
Service Level
Service
Level
Count
Pounds
Per
unit
Disposal
Fee
Collection
Fee
Revised
Rafe,
Adu a Fee
R&O Tas-
Final
Revised
Rates
3.2%
Monthly
One 32 eallon Garbaee Cart (und 591 cwieut uucrocau cult)
612
2023
S 142
S 909
$ 10.50
$ 033
S
S 10.83
Weekly
Ow 20-eallon Garbaee Cat t
3.477
9-25
$ 2 82
$ 13 00
S 1582
$ 050
S
S 1632
It"IdenRRl
1 35-V11011 GaTbage Can
7.931
16 18
$ 4-94
S 15.81
S 2075
S 0.66
S
S 21 41
Curbside
164-eallon Garbaee Carl
5 019
32.36
S 9 87
S 20 47
S 30.34
S 0.97
S 001
S 3132
Service
1 96-eall- Garbage Cart
1317
48.54
S 14.81
$ 2990
S 4471
S 1.43
S 002
S 46.16
To1a1 Garbage
Extras (32 mUoD ri-lent)
1919
16. 18
S 1-14
S 4.86
$ 6 on
$ 0.19
S
S 6.19
Custmners:
Miscellaneous Fees:
18,376
Rec c i Only (no earbaee service)
S 1169
S 037
S
5 1206.
Con toslables Only (no ;arbaee servicel
11,11
$ 0.41
S
.S 13.29
Subscription rate for one 32-eallon Con tables Cart
848
S 1053
S 0.33
S
S 1086
Subscription rate for one 64- lluu C'on ostables Cart
1 343
S 11.04
S 0.35
S
5 I 1319
Subscription rare for one 96- Ilan Con lostables Carr
9.622
S 1159
S 0.37
S
S 11,96
Extra Can stables (32 eallon bae/buudleVean)
S 300
S 009
S
S 309
Smoud 96-Gallon Couipostables Cart (rental oil)
1.50
S 004
S
$ 1.54
Additional 96-Gallon Composlables Cart (foi ongoing excess above base
96-eallon service)
285
S 6.00
S 0.19
S
S 6.19
Rennin Tgw Pa line
333
$ 00
S 0.48
S
S 15.18
Ro11-onr Charge. per 25 B. per cart
61
S 300
S 0.09
S
S 309
Drive-in Charge. per Muth. per line of business
I I
S 600
S 0,19
$
$ 6.19
Donaanr Account (chareed cost four weeks sus .sion) per tmnrh
S 750
$ 0.24
S
S 7.74
Ovenvei t/Ovgrsne container (pet Wul
S 300
S 0.09
S
S 3.09
Redeiivery of one or ruore containers
I I
$ 15.00
S 0.48
S
S 15.48
Cart CleaniD (per or, per cleaning)
1
$ 1000
S 0.32
S
S Ill i2
on -Call
BuRq
Waste
Ncm-C FC CTmrainim Large Appliance ("white goods") per item
RefrieermorslFreezers/Air Cmndifiouers per nern
1
1
$ 5 28
S 14.72
$ 2000
S 30.00
S 20110
S 0.64
$ 0 96
.$ 0.64
S
S 001
S
S 2064
S 3097
$ 2064.
Sofas. Chairs. Pei item
2
7500
Collection
Matures,- Rnxs rules per ilem
2
100.00
S 704
S 12.96
S 2000.
S 0.64
5
S 2064.
Weekly
One 20-eallon Garbaee Can (23)
27
925
S 2 82
S 17.21
S 2003
S 0.64
S
S 20.67
'oumrerdal
1 32/35-eallon Garbage Cart (294)
399
16AS
$ 4.94
S 17 70
S 22.64
S 0.72
S no[
S 2337
IF Can and
1 60/64-eallon Garbage Cart (6)
60
32.36
$ 987
S 2391
S 33 78
S 1.08
S 001
S 3437
Cori
1 90196-puou Garbaee Can (4)
34
48.S4
S 14.81
S 30.09
$ 44.910
$ I43
S 0.02
S 4635
Extras(32-eallon eTfivilentl(3)
16 is
S Lit
S 486
S 6.01)
S 0.19
S
S 6-19
,VOTE:
Emptying Liner & Recyclables receptacles in public areas, per unit. per
crtlltelicu rmrhldi lumtG
tbd
1618
S 1.14
S 286
S 4.00
S 0.12
S
5 4.12
Collnlm C Is
Cum stables Service:
total 6ff
and -un,
mutamers
Number at
Weeklv 35-gal Carr Yard T3ebris/Foahvasie service
Weekly Cvl-gal Cart Yard Deb[is/Foodsvaste service
Wort) Y I Car Y4nl DebtroFakMaaewrvkc,:'
Aurilbary Fees:
8
58
S 11.57
S 12.19
$ 12.98
S 037
S 0.-19
S 041
S
S
S
S 11.94
S 12.58
S 1329
cohuun Bin
(rerl) is the
portion that
are MF
Weekly
Return Trip- per line ofbasins
_
S 305.90
S 15.0n
$ 150
$ 10.00
S 4 00
$ 10.00
$ 41072
S 6-48
S 0.04
S 032
S 0.12
S 032
S 13.14
S
S
S
$
S
S 0.19
S ISJR
S L54
S 1032
S 4 12
S 1032
S 424.05
Roll -our Charee. per 25 fl. unit, per cart, Per picictip,week
Redeliveryof cont,iuers
C'oo table liniug ( Can- per pick-u 1
S 10L82
Can Cleauiue/Swa ( Can)
I Cubic Yard Container
34.1.59
Commer chill
1-5 Cubic Yard Container
515 39
S 157.24
$ 400.40
S S57.64
S 17.E4
S 0 26
S i71 74
D1F Delacbable
2 Cubic Yard Container
687.18
S 209.0
S 494.90
S 7W.55
S 22.54
$ 033
S 727 42
Coulatner
3 Cubic Yard Container
-030 77
$ 314 J7
$ 683.90
S 998.37
S 31 94
S 0.47
S 1.03078
(compacted)
4 CubK Yazd C,Vaism
1
137436
S 419.30
S 872.90
1 S 1.29220
S 41 35
S 0.62
S 1.114.17
6 Cubic Yard Container
3
2.061.54
S 628.95
IS 1260.88
1 S 1.R89,R3
S fill d7
S 090
S 1951 20
City of Fede,al Way 1 July, 2019
Conrractor Rates
Service Level
Service
Level
Count
Pounds
Per
Unit
Disposal
Fee
Collection
Fee
Revised
Rates
Adm1u Fee
B&O Tas-
Final
Revised
Rates
3 2%
1.5%
Comrueirial
IColuc Yardl ic).it/week(1)
Of
114.53
S 34.94
S 78.47
S 11341
S 3.62
S 0.05
S 117.08
Detachable
I Cubic Ymd. 2 iicku s/sveek
114.53
S 69,98
S 15694
S 226.82
$ 725
S 0 10
S 234.17
Container
1 Cubic Yard. 3 ickv s/week
11453
$ 104.82
S 235 41
S 34023
S 1088
S 0 16
S 351 27
(loose)
1 Cubic Yatd 4 piciloapi,eek
114.53
S 139.76
S 313.88
$ 453 64
S 14.51
S U.21
S 468.36
1 Cubic Y aid 5 pickupsheeek
114 53
$ 174.70
S 392 35
$ 567.05
S IS 14
1 S 0 27
S 58546
15 Cubic Yard. I uckrl /week (2)
24
171 80
S 52.41
$ 9953
.S 151 94
$ 486
S 007
S 156.87
1,5 Cubic Yard 2 pwicupsAeftic (1)
I
171-80
S 104.82
S 199.06
S 303.88
S 9 72
S 0 14
S 313 7A
1.5 Cubic yard 3 iickii .s/week
171 80
S 157 23
S 29R_59
S 455 82
S 14 58
S 021
S 470.61
1.5 Cubic Yard 4 icla-lweek
171 80
$ 20964
S 398 12
S 607 76
S 1944.
S 029
S 62749
1.5 CIibIC Ylu1 < pwkulm ss't3
171.80
$ 2.6205
$ 197.65
S 759 74
$ 24 31
S 036
S 7FA 37
2 Cubic Yard 1 pickups/week (6)
101
22906
$ 69 RR
S 12071
$ 190,59
$ 609
S 0 09
S 196.77
2 Cubic Y'ud. 2 pKkmUftk 11)
21
22906
$ 13976
S 241.42
S 381 18
S 12 19
S 0 IS
S 393.55
2 Cubic Yard 3 pickqipsAveek (3)
4
229 06
S 209 64
S 362.13
S 571 77
S 1829
$ 0.27
S 590 33
'? Cubic Yard 4 rick,., shveek
22906
S 27952
S 482 84
S 762. 36
S 24.39
S 036
S 787 I I
2 Cubic Yard 5 iclai s/week
2
129.06
S 34940
$ 603 55
$ 952 95
S 30.49
S 0.45
S 983.89
3 Cubic Yard. I icku /week (20)
343 59
S 104.82
S 163 59
S 268.41
$ 8.58
S 0 12
S 277_1l
3 Cubic Yard 2 pickups/week- (40)
5R
343.59
S 209,64
S 327.18
S 536.82
S 17.17
S 025
S 55471
3 Cubic Ymi 3 pKkujpn,mvgk C)
11
343.59
S 314-46
S 490 77
S 805-23
S 25. 76
S 038
S 931 37
3 Cubic Yard 4 ickrl s/week
343 59
S 419.28
S 654.36
S 1.073,64
S 34.35
S 051
S I.108-50
3 Cubic Yard 5 ic6> is/o;mk
343-59
S 524 10
S 817 95
S 1342.05
S 4.'.9A
S 0.64
S 1.38563
4 Cubic Yard 1 pickupliceek (39)
125
458.12
$ 139.77
S 198 69
S 33846
S 10.83
S 0 16
S 349.45
4 Cubic Yx t 2 pnkmvvvA i 171
458.12
S 27954
S 397 38
$ 67r,,92
S 21.66
S 0.12
S 69890
4 Cubic Yard 3 ph,larpsAveek (6)
13
459.12
S 419.31
S 596.07
S 1.015.38
S 3249
S 048
S L048.3S
4 Cubic YMA 4 iickli wav►11A
6
458. 12
S 559-09
S 794-76
S 135394
S 4332
S 0-64
S L397.80
4 Cubic Yard 5 ickn sI vmk (1)
6
453.12
S 698.85
S 99345
S 1.692, 30
S 54.15
S 0.81
S 1.74726
6 Cubic Yard I pickup4eck (19)
69
687 18
S 209.0
$ 273 RR
S 493.53
S 1547
S 0 23
S 499 23
6 Cubic Yard 2 ickti /week (221
61
687 18
S 41930
S 547 76
S 967.06
S 3094
S 046
S 998.46
6 Cubic Ymd.3 ickv s/week(5)
21
687-18
S 628.95
S 821-64
$ 1.450.59
S 4641
S 0.69
S 1.497.69
6 Cubic Yard. 4 pickups/week
2
687 19
S 838.60
.S 1.095 52
S 1934.12
S 61.89
S 0912
S 199693
6 Cubic Yards ickv week
1
687.18
S 1.048.25
S 1-369-40
S 1.41765
S 77.36
S 1-16
S 2.496-17
8 Cubic Yard.l packttpAvek 06)
60
91624
S 279.53
S 331.S1
S 611.3A
S 19.56
S 0.29
5 631.19
8 Cubic Yard 2 ickv hveek (12)
49
916.24
S 559.06
S 66362
S 1.222 68
S 39.12
S 058
S 1-262-38
8 Cubic Yard. 3 picluipsAveek (4)
22
91624
S 83859
S 995.43
S 183402
S 5868
S 088
S 1.893 58
8 Cubic Yw d- 4 pickupslveek
2
916.24
S 1.119.12
S 1327 24
S 2-445.36
S 7825
S 1 17
5 2.524.78
8 Cubic Yard. 5 pickup,/wed-
916.24
S 1.397 65
S 1.65905
S 3.056 70
S 97.81
S 146 1
S 3. 155.97
Extra loose cubic yard w container. per pickup(83)
115
114.53
S 8.06
S 6.94
S 1500
S 0.48
S
S 15.43
Extra loose cubic yard ou omid per piclaW
I14.53
S 8.06
S 11.94
S 20-00
S 0.64
S
S 20.64
Delachable Container Anti lary Fees i occu-nce :
Sland-bv Time (oer minute)
C.u.iner C'leauuie ( d of cowainer size -including cram 7)
Redelivery of Contauletx
RolS
1 60
x 10.00
S 3000
S I S_00
S 0.05
S 032
S 096
S
S
$ 0.01
S 1.65
S 1032
S 3U97
S 15.49
Renuu Lup per litre o busuuss l 1 J
S 0 48
S
City of Federal Way 2 July. 2019
Coabactor Rates
Sen ire Level based oa irk s
Coum
Haul
Chore
Adjoin Fee
B&O To,
Hold
Char e
Collumiclal
/NIF Di op -box
Collection
Non -con aped 12 cubic vard Drn r-bnx 0 bnsec)
Null -cum acted 15 cubic atd Dru -bos (o boxes)
Noti-corupacted 20 cubic yard Drop -box 9 boxes) H I
Nou-co acted 25 cubic varA Dro -box I boil i I)
35
- -
$ 195.41
S 199.41
$ 19841
$ 6.34
S 6_74
S 6.34
$ 0.09
$ 0 09
S 0.09
$ 204.84
S 204.54
S 204 84
3
S 19841
$ 634
S OAA
S 204.84
Non -compacted 30 cubic yard Drop -box 1 boxes) (1)
IO
E 198 41
S 634
$ 0o9
$ 204.$4
Non-cou acted 40 cubic yard DI op -box (4 boxes) (1)
8
6 198.41
S 634
S 0.09
S 204-84
Cou acted l0 arbjc yard Drn -box f I boxes)
0
S 240.82
$ 7.70
S 0,11
S 248.63
Coutmenid 15 cubic yard Drop -box 17 boxer)
10
S 240.82
S 7 76
S Ot 1
$ 248h3
Co acted 20 cubic yoid Drop -box 3 boxes
3
S 240-82
S 770
S 0.11
$ 24863
Couripacted 25 cubic yard Drop -box 4 boxes
IS
S 240.82
S 7.70
$ 0.11
S 24863
Compacted 30 cubic yard Drop -box (16 boxes)_
23
S 240.92
S 7.70
S 0.11
S 248.63
Compacted 35 cubic yard Drop -box 3 boxes)
10
N 240.82
S 7.70
S 0 11
S 248.63
Co acted 40 cubic vard Drop -box (10 boxesl
9
S 240 82
$ 770
S 0 11
S 248.63
Count
Daily Real
Admix Fee
B&O Tax
Dolly Real
Nra,Qwiwoxl 12 cubic yard Drn -tox to boxes)
S 1.88
S 006
5
S 1.94
Non-u acted 15 cubic yard Dr box (0 boxes)
S 2-24
S 007
S
S 231
Nor -co acted 20 cubic yard Drop -box (9 boxes) (1)
$ 2-67
S 008
S
S 2-75
Non -co acted 25 cubic yard Drop -box 0 box) (1)
S 3.06
$ 0.09
S
S 3.17
Nou-couipacted 30 cubic yard Drop -box 0 boxes) (1)
S 3.47
S 0 11
S
$ 358
Non-courpacted 40 cubic yard Dro(rbm (4 boxes) (lj
S 3 84
$ 0.12
S
S 3.96
D boa AwUkry Fees
Count
Per Event
Adjoin Fee
B&O Tax
Per Event
Rduru Trip
S 30.00
$ 0.96
S O.OI
S 30.97
%toad-b • Tom Ipm uareael
1.60
S 0-05
S
S 1.65
Container cleaning iff vard of container sizel
10.00
S 0.32
S
S 1032
Solid Lid $um arrEe (pff mouth of miral)
2000
S OA4
$
S 20.64
Dr -box dbecred 10 other facility (M bile. r�svn)
Service Level
Service
Level
Pounds
Per
rldt
Disposal
Fee
Collection
Fee
Ms
Hold
Cho a
S 0.12
S
S 3.87
Adult. Fee
B&O Tax
Haiti
Ch.c2e
Temporary
2 Yard detadable Container
22906
S 1& 13
S .14.32
S 50.95
S 1.63 1
S 002
S 52.60
MT/Colo'l
4 Yard detachable Container
458-12
S 32.26 1
S 57.32
.S 99.58
$ 2-86
S 004
S 92.48
Collection
6 Yard detachable Container
2
68718
S 48.38
S 79.01
S 12739
S 4.07
S 006
S 131.52
Haulfog
8 Yard Aejacbable Container
916.24
S 64.51
S 95 72
S 16023
S 5.12
S 0-07
S 165-42
Non -compacted 10 cubic yard Drop -box
15
1 l
Count
S 234.55
S 23455
S 23455
S 234.55
S 234.55
Daily Real
$ 7.50
S 750
S 0.11
S 242.16
Nou-co red 20 cubic d Dr box 0 boxes
S oil
S 242-16
Noi; c.r cred 25 cubic yard Drn bnx
Noires cted 30 cubic d far -box I16 boxes) (I I nll)
Non-con>pact 40 entire yard Drop-Iwx (5 boxes) (3 MF)
Service Level
S 7.50
S 0 11
S 242.16
S 7.So
$ Oil
$ 24216
S 750
S 0 11
5 242-16
Admiu Fee
B&O Tax
DM Real
Tempol my
Collection
2 Yard detachable coutallux
4 Yard deachable container
2
$ 130
S 1.45
$ 004
$
S 1.34
S 0.04
S
S 1.49
Container
6 Yard delacimble container
2
S 180
S 0.05
S
S 1.85
Rental
8 Varddetachable conwind
S 2.00
S 0.06
S
S 27
and Delivery
Non -con acted 10 nilme yard Dro-trox
n
S 235
S 0-07
S
S 2.42
Non -con sled 20 cubic yard Dr box
III
S 3.34
S 0.10
S
S 3.44
Naas aped 30 cubic vard Dro bos
0
S 434
S 0.13
S
S 4.47
Norl-croupacted 40 cubic yard Drop -box
15
$ 490
Delivery
S 0.15
Adman Fee
S
B&O in
S 4.95
Deliver
Corot
Deli- Fee (ail sizes)
75
$ 9137
Per Da
S 2.92
Arlmiu Fee
S 0-04
S 94-33
Event
Count
B&O tax
Per Da
Services
Defi a y. mvision. colle iimr of a ser of3 earls (O_ R RC)
Service
Count
S 25-oo
Per Hour
$ 0-80
Adadn Fee
S 0.01
$ 2581
B&O Tax
Per Hour
Homiy
Rates
Rear/SiM-load sleet+rbiver
Froul-load rker+driver
Drop -box Truck +driver
Additional Labor ( mou)
Corm)
S 145.29
S 145.2.9
S 145.28
$ 78.95
S 4.61
S 4(4
S 464
S 252
S 006
S 149.99
5 006
S 0.06
S 003
S 149.98
S 149.98
S 81 50
Rehale
Commodlty
QvAlt
Initial Year Res �clahle Coounodity Value. N[F vd
S 0-58
S 0.15
S ( 00
tudial Year Recyclable Commnodi Value, er Con'[ d
Giitial Year Recyclable Connnnrlity Value. per res7 cusromer
City of Federal Way July, 2019
Contractor Rates
EXHIBIT F
Fee Modification Examples
The collection and disposal components of the Customer charges listed in Exhibit B will be adjusted
separately, as appropriate. The collection component of Customer charges will be adjusted annually,
pursuant to this Section and as described below. The disposal component of the Customer charges
listed in Exhibit B will be adjusted only if the City receives notification from the County of a pending
disposal fee adjustment, and will not become effective until the new disposal charges become effective
and are actually charged to the Contractor. Formulas for both collection and disposal rate adjustments
are provided as follows:
Collection Component Adjustment
The sum of the collection and Administrative Fee components listed in Exhibit B will be
increased or decreased by the amount of the CPI change:
NCC = PCC x [1 + nCPI - oCPI
oCPI
Where NCC = The new collection and Administrative Fee components,
adjusted for excise tax on the Administrative Fee, of the
customer rate for a particular service level; and
PCC = The previous collection and Administrative Fee components,
adjusted for excise tax on the Administrative Fee, of the
Customer rate for a particular service level; and
nCPI = The most recent June CPI value; and
oCPI = The CPI value used for the previous rate adjustment or, in the
case of the first contract adjustment, the CPI value reported
at the end of June 2019.
Disposal Component Adjustment
In the case of a disposal fee modification at County disposal facilities, the disposal component of
each service level will be adjusted as follows:
Step 1:
A=ODCxNTF
OTF
Step 2:
NDC=A+[(A—ODC)xCETR]
City of Federal Way 1 July 2019
Fee Modification Examples
Where NDC = The new disposal charge component of the customer rate for
a particular service level; and
NTF = The new disposal fee, dollars per ton; and
ODC = The old disposal charge component of the customer rate for a
particular service level,
OTF = The old disposal fee, dollars per ton; and
A = Pre -excise tax adjusted disposal component; and
CETR = Current excise tax rate (the current State excise tax rate;
0.015 used for this example).
For example, using an initial one 35-gallon cart rate of $21.41 per month: if the
previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will increase from $130
to $140 per ton starting on January 1, 2021, the old disposal component is $4.94, the
old collection component is $16.47 (including Administrative Fee), and the State Excise
Tax rate is 0.015, the January 2021 Customer charge for one 35-gallon cart per week
Residential Curbside service would be:
(144.3-143.2)
New Collection Component = $16.47 x [1+-------------------] _ $16.60
(143.2)
New Disposal Component Step A calculation (as on previous page):
[$4.94 x (140/130)] _ $5.35
Step B calculation (as on previous page):
$5.32 + [(5.32-4.94) x 0.015] _ $5.33
Thus, the new Customer charge for one 35-gallon cart per week Residential Curbside service will be the
$16.60 collection component plus the $5.33 disposal component, equaling $21.93.
Administrative Fee Adjustment
The Contractor's rates shown in Exhibit E include an embedded Administrative Fee, which may be
adjusted from time to time, pursuant to Section 5.2. The initial contract rates have incorporated an
Administrative Fee corresponding to a 3.2% fee on gross receipts from those Customers, as follows (1
yard, 1 pickup per week as example):
Collection Fee ($78.47) + Disposal Fee ($34.94) + Administrative Fee ($3.62) + Excise Tax at 1.5%
on Administrative Fee ($0.05) = Customer rate of $117.08.
City of Federal Way 2 July 2019
Fee Modification Examples
In the event the City Administrative Fee is adjusted, the Administrative Fee portion of the Contractor's
Customer rates shall be adjusted in the manner shown in Exhibit E, which retains the Contractor's
underlying compensation and ensures that the Contractor remains whole when the Administrative Fee
percent is changed over time.
City of Federal Way 3 July 2019
Fee Modification Examples