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RESOLUTION NO. 4 6 8 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR. AND CITY CLERK TO EXECUTE` AN
' AGREEMENT BETWEEN THE CITY OF AUBURN
AND WASTE MANAGEMENT OF WASHINGTON
FOR COMPREHENSIVE GARBAGE,
RECYCLABLES AND COMPOSTABLES
COLLECTION SERVICES
WHEREAS, Waste Management of Washington currentiy provides solid
waste services under contract with the City of Aubum, which contract will expire
December 31, 2012; and WHEREAS, :the Ciiy and Waste Management of Washington have
negotiated a- new agreement, with enhanced services, to replace and
supersede the previous contract prior to its expiration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVE$ as follows:
Section 1. The Mayor of the City of Aubum and the Aubum City Clerk
are heceby authorized to execute an agreement befinreen the City of Auburn and
Waste Management of Washington for Comprehensive Garbage, Recyclables
and Compostables Collection in substantial conformity with the agreement
attached hereto as Exhibit A and incorporated herein by this reference.
- Section 2. The Mayor is hereby authorized to implement such
adminisfrative procedures as may be necessary to carry out the directives of
this legislation.
Resolution No. 4688
February 28, 2011 -Page 1 of 2
Secfion 3. This resolution shall be in full force and effect upon
passage and signatures hereon. ,
Dated and Signed this day of 2011.
CI _ R~
. PETE B. LEWIS, MAYOR
ATTEST:
A at4~~Y--
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM: Daniel B. eid, Ciiy Atfomey
Resolufion No. 4688
Fe6ruary 28, 2011
Page 2 of 2 -
, .
COMPREHENSIVE GA1tBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT
, . . City of Auburn
- and
Waste Management of Washington, Inc.
, Octo6er 1,2011= December 31, 2017
. , r
COMPREHENSIVE GARBAGE, RECYCLABLES AND
• COMPOSTABLES COLLECTION CONTRACT
TABLE OF CONTENTS
RECITALS....................................................................................................................:..:........................................1
DEFINITIONS .........................................................................................................................................................1
1. TERM OF CONTRACT 6
2. SCOPE OF WORK 6
2.1 GENERAL COLLEGTION SYS"I'EM REQUIREMENTS ...................................6
2.1.1 City Service Area 6
2.1.2 Annexation :7:
2:1.3 Unimproved FublicStreets and Private Roads ,.............8
23.4 Hours/Days of Operation 8
8
2.I.5 Employee Conduct ~
2.1.6 Disabled Persons Service 9
2.1.7 HolidaySchedules ...................................:..........................................................:...................................................9
2.1.8 Inclement Weather and Other Service Disrup;ions ...................................:............................................10
2.1.9 Suspending Collection from Problem Customers' ...............................:...................................................11
2.1.10 Missed Collections ..........................................................................................................................................11
2.1.11 Same Day Collection ...:..........................................................................:.......................................................12
2.1.12 Requirement to Recycle and Compost ...........................................:........................................................12
2.1.13 Routing, Notication and Approval .................................................................................:.......................13
2.1.14 Equipment Age/Condition .........:...............................................................................................................:..13
2.1.15 Container Requirements and Ownership
15 ,
,
2.1.15.1 Micro-Cans and'Garbage Cans...................... 15
, 2.1.15.2 Garbage, Recyclables and Compostables Carts .......................................................................................................:..........15
2.1.15.3 Detachable and Drop-Box Containers
17
2.1.15.4 Ownership 18
2.1.15.5 Container Colors and Labeling ................:.........................................................:.....................................................:................19
2.1.15.6 MaximumFilled Container Weights :..:.:..:...;...19
' 2.1.16 Spillage 20 ~
2:1:17 Pilot Programs................................................................................... -
.....20
2.1.18 Disruption Due to Construction 21
2.1.19 Contractor PZanning Assistance ......................................................:........................................................21
2.1:20 Safeguarding Public and Private Facilities .......................................:.................................................22
2.1.21. Company Name ..........................................................................................:...:.................:.........:....:::....:.......:.2Z
2.1.22 Transition and Implementation of Contract .....:.:...22
2.1.23 Ongoing Coordination with City and Performance Review ....:......24
2.1.24 Disposal Resfrictions and Requirements ..........................................................................:...........::.......25
2.1.25 Violation of Ordinance ............................................................................................................:.........:.......:...26 .
2.2 COLLECTION SERVICES . 26
2:2.1 Single-Family Residence Garbage Collection .26
2.2.1.1 Subject Ntaterials.....:._ 26
2.2.1.2 Collection Containers 26
2:2.1:3 Specific Gollection Requirements .::....::..;27
~ 2.2.2 Single-Family Residence Recyclables Collection 28 .
2.2.2.1 Subject Matetials ...................................................................................................................:...............................:........................28
2.2.2.2 Containers ......................................................................................................................................................................:..................29
2.2.2.3 Specific Collection Requirements ..........................................................................:....................................:........::....:....:.......30
City of Auburn i February 2011
Solid Waste Collectioa Contract
~ 2.2:3' Compostables Collecfion , . ...31 •
. 2.23.1 Subject Materials 31 .
: 2.2.3.2. Containers m m....... :.:.::31 .
2.2.33 Specific Collection Requirements _ , ...........32
2:2:3:4 Food Scraps Collection............ ..:.:..:....32
2.2.4 Single Family Bulky Waste Collection 33 ;
2:2.4.1 Subject Materials .....:.....:..:..:...:..:..::::...:...:........................:....:........:.:..:........:....................................._...........:.:....:.».........._..._..33
, 2.2.4.2 Specific Collection Requirements :,:...::33
2.2.5 Multi-Family Complez and Commercial Customer Garbage Collection........ _ ...........................33 '
2.2:5.1 ' Subject Materials ......:......:..:..:.......:..:...........:...................:.::...:.:...........:.......:.:..........:...:............................................:....:.:...........33
, 2.2.5.2 Containers
.....33
2.2.5.3 Specifc Collection Requirements ..........34 .
2.2.6 A%lulti-Family Complez Recyclables Collection 5
...................3
2.2.6:1 Subject Materials . _ ..35
' . 2.2.6.2 Containers....._ .:35 ~
' 2.2.6.3 . Specific Collection Reguirements ................................................:.....:.....................................:....:........:.:.:............................36
2.2.6.4 Multi-Family Recycling Outreach and Incendves....................... _ _ • _..........:36 '
2.2. 7 Recyclables Drop-off Site......... ,
....37
2.2.8 Commercial Recycling Collection
37
2.2.8.1 Subject Materials 37
~ 2.2.8.2 Containers.... _ 38
2.2.8.3 Specific Collection Requirements 38 .
2.2:9 Multi-Family Complex and Commercial Customer Compostables Collection ............:.............39
2.2.9.1 Subject Materials 39
2.2.9.2 Containers ............................:.:..................................................:......................................................................................................39
2.2.9.3 Specific Collection Requirements .................................................:....:..............................................................................:.....40
.
2.2.10 Drop-Boz Container Garbage Collection ............................40
2.2.10.1 Subject Materials ................:..........:...................................................................................................................................:............40
2.2.10.2 Containers.:..::......:..:..:.................:.......................................................:.........:.........................................................................::.......41
12.103 Specific Collection Requirements ..41
2.2.11 . Service to the Boeing Company ....................:.............41
2.2.12 Temporary Container Customers 42
2.2.13 Municipal Services 43
. . 22.14 Community Events
4
2.3 MANAGEMENT 45
2.3.1 Responsibility of Participants 45
2.3.1.1 Contractor's Responsibilities ..:.................................................:...........:...:....................................................................:....:...:.45
2.3.1.2 City's Responsibilities..................................................:............................................................................................................:.47
2.3.2 Customer Service and Billing 48
23.2.1 Office L,ocation 48
2.3.2.2 Customer Service Requirements
.......:.49
2.3.3 Contractor's Billing Resp"onsibilities .:.................:.............::..................................................................:....52
2.3.4 Reporting ..53
2.3.4.1 Monthly Reports ...:...::.................................................:............................:53
2.3.4.2 Annual Reports ..............:........:...:::.......:.::....::..:............:.......................:......:............:...........:.....:54
_
2.3.43 Ad Hoc Reports 54
2.3.5 Promotion and Education 55
2.3.6 Field Monitoring.,......... 56
2.3.7 Transition to Next Contractor 57
3. COMPENSATION 57
3.1 COMPENSATION TO THE CONTRACTOR 57
3.2 COMPENSATION ADJUS'I'Iv1ENTS 58
3.2.1 Annual Rate Adjustment..:. :::...::..:.:....:.......................................:........58
3.2.2 Disposal Fee Adjustments .........................................................59
Cityof Auburn ii ; February 2011 "
Solid Waste Collection Contract ~ ~
3.2.3 Changes in Recyclables or Compostables Processing Sites and Tipping Fees ..........................59
.
3.2. 4 Other Modifications :...........................................................................::...............................................................59 "
3.3 CHANGE iN LAW .................................................................................................................................................60 -
4. FAII.,URE TO PERFORM, REMEDIES, TERMINATION 60
4.1 PERFORMANCE FEES ...............................:.........................................................................................................61
4.2 CONTRACT DEFAULT ....................................................................................................63
43 AVAII..,ABII.,I"I'1' OF COLLECTION VEHICLES 65
5. NO'ITCES
65
6. GENERAL TERMS 66
6.1 COLLEC'I'ION RIGH'I' ................................................................................:.......................................................:..66
6.2 AccESS To RECOxDs 67
,
...............:...c...........::..,67
6.3 CONTRACTOR TO MAKE EXAMINATIONS
6.4 Ii•tsuRANCE 68
6.4.1 Minimum Scope of Insurance ..................:...............................................:.:...:..:........:::.:::.............:::...............68,
6.4.2 Minimum Amounts of Insurance 69
6.4.3 Deductibles and Self-Insured Retentions
69
~ 6.4.4 Otherlnsurance Provisions ........................................................................:................:.......................:.:..:.......69
64.5 Acceptabilify oflnsurers . .70 ,
6.4.6 . Yeriflcation of Coverage ..........::70
~ 6.4:7 Subcontractors...............................................................
............::70 _
6. 4. 8 ACORD Form ..................................................::.:.................................................:.........::.:...............................:....70 _
6.5 PERFORMANCE BOND " ` 71 '
6.6 INDEMMFICATION 71
' 6 61 Indemnify and Hold Hdrmless .........:.......:......................................................:.:......:...:..:..........:...:.::.....:..:.....71
6:62_ Notice to Contractor; Defense 71
. 663 Industrial lnsurance Immunity Waiver ......................................................................................::.:.......:...:..72
' 6.7 PAYMENT OF CLAIMS . 72
, 6:8 CONFIDENTIALITY OF INFORMATION 72
: - .69 ASSIGNIVfENT OF CONTRACT 73
.
' 6.9:1 Assignment or Pledge of Moneys by the Contractor ...::73
69.2 Assignment, Subcontracting, Delegation of Duties and.Change in Control.....,.......................... 73 '
6.1 O LAWS TO GOVERNNENUE ...............................................................................:....................:........................7.4
6.11 COMPLIANCE'WITH LAW 74
6.12 NON-DISCRIMINATION 74 - ~
. 6:13 PERMITS AND LICENSES ...............................................................................................:...::..............:....:..:...:.:.75
, 6:14 RELATIONSHIP OF PARTIES ....................................................................................................................:.........75
6:15 ~ CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS .................................................................................ZS
,
6.16 ~ BnrrxxuPTCY .:..._....:...............................................................................................................................:.:::......:..76
6.17 . RIGHT TO RENEGOTIATE/AMENDMENT 76
~ 6:18 FORGE MAJEURE 76 .
6.19 . ILLEGAL PROVISIONS/SEVERABILITY ...............................................:.:.......:.:........:::.............................:.....76
620 WAIVER
77
~ 6:21 E1v1'iRETY ......:.:....:.:....................................................................:......:......:.....:.:......:......:..::.............:...................77
Attachment A: Service Area~Map
Attachment B: Contractor Initial Rates
Attachment C: Rate Modification Example
City of Auburn iii February 2011
Solid Waste Collection Contract
This solid waste collection conti-act is entered into.by a"nd between the City of Auburn, a
municipal corporation of the State of Washington ("City"), and Waste Management of
Washington, Inc:, a Washingtoa : corporation ("Contractor") to provide for,collection of
Garbage, Compostables, and Recyclables from Single-Faniily Residences, Mu1ti-Family
Complezes and _ Commercial Customers :located within the City Service Area. (Each
.
, .
capitalized term is hereinafter defined.) :
~ The parties; in consideration of the promises, representations and: warranties contained
herein, agree as follows:.
RECITALS -
WHEREAS, the Contractor represents that it has the experience, resources and expertise
necessary to perform the contract services; and
WHEREAS, the Contractor currently provides solid waste service under contract with the City,
, which will expire DecembeT 31, 2012; and
WHEREAS, the City and Contractor have negotiated this new agreement with enhariced services
to replace and supersede the, previous contract prior to ttie previous contract's termination; and
WHEREAS, the City desires to enter into this contract with the Contra.ctor for the Garbage,
Recyclables and Compostables collection services; NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein
contained, the City and Contractor do hereby agree as follows:
DEFINITIONS
Call Center Definitions: ASA (average speed to answer): The average amount of fime a Customer is on "hold"
before a customer service representa.tive (CSR) has answered'the ca11, resulting in the
ASA score.
ABA %(call abandon rate)c The percentage of Customers who abandon the queue
(hang up) while waiting for a GSR to answer.
In Queue: Where the. phone call waits on "hold" before a CSR has answered the call,
resulting in the ASA score. r . .
On hold: The amount of time a Customer is on hold after the CSR has answered the call.
For example, a Customer may beput on hold while a.CSR researches;information or asks
: a supervisor to assist with the ca1L ,
City of Aubu"rn 1 Februa.ry 2011
Solid Waste Collection Contract
Change in Control: Change in Controi m'eans any sa1e, merger, policy, of assets, the issuance of
new shares, any change iri the voting rights,of existing shareholders, or other change in
ownership which transfers 'the 25% or more of tlie beneficial interest therein from "one entity to
another: Provided, however, tliat intracompany 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 this contract shall not constitute a change in controL
City: The word "City" means the City of Auburn, King and Pierce County, .Washington. As
used in the Contract, it.includes the official of the City holding the office of the Mayor or her/his
designated representative, such.as the City's _Finance Director.
.
City Service Area: The initial City Service Area shall be the corporate limits, of the City as of
October 1, 2011 , excluding certain areas under transition franchise with other contractors. The
initial City Service Area is delineated on the map provided as Attachment A to this Contract. ,
Commercial Customer: The term "Commercial Customer" mearis non-residential. CuStomers
including businesses, institutions, governmental: agencies and all other users of commercial-type
Garbage colTection services. -
Gompostables: The word "Composta.bles" means Yard Debris, Shredded Compostable Mixed
Paper, and Food Scraps separately or combined.
Composfables Cart: Tlie term "Compostables Cart" means a Contractor-provided 35-, 64- or
96-gallon wheeled cart provided to Compostables collection Customers for the purpose of
contairiing and collecting Compostables. -
Container:' The word "Container" means any Micro-Can, Cart, Detachable Container or Drop-
Box Container owned and provided by the Contractor.
Contractor: The word:"Contractor" means Waste Management of.Washington, Inc., which has
contracted with the City to collect and dispose of Garbage and to collect, process, maiket and
transport Recyclables and Compostables.
Curb or Curbside: The words "Curb" or "Curbside" mean on the homeowners' property, within
five (5) feet of the Public Street or Private Road without blocking sidewalks, driveways or on-
street- parking:. If extraordinary, circumstances preclude such a" location; Curbside shall be
considered a placement suitable to the resident, convenient to the Contractor's equipment, and - _
mutually agreed to by the City and Contractor.
Customer mearis a11 users of solid waste services.
Detachable Container: The term "Detachable Container" means a watertight metal or plastic
Container equipped with a tight-fitting cover, capable of being mechanically unloaded. into a
City of Auburn 2 February. 2011
Solid Waste Collection Contract
collection vehicle, and that is not less than one (1) cub'ic yard or greater than eight (8) cubic yards
` incapa.city. - - -
Drop-Boz Container: The term "Drop-Box Contairier" mearis an a11-metal Container with
twenty'(20) cubic yazds or more capacity that is loaded onto a specialized collection vehicle,
transported to a disposal or recycling site, emptied and transported back to the Customer's site.
Eztra Unit: The term "Extra Unit" means excess material which does not fit in the Customer's
primary Container. In the case of Gazbage Containers under one cubic yard in capacity and
Residential Composta.bles collection, an Extra Unit is 31-ga11ons, and may be contained in eitlier
a plastic bag or Garbage Can: In the ease of Containers one cubic yard or more in capacity, an
Extra Unit is one cubic yard.
Food Scraps: The term "Food Scraps" mean all Compostable pre- and post-consumer organic
wastes placed in a Compostables Gart, 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 or
biodegradable products specifically accepted by the Contractor's selected composting site. Food
Scraps shall not include dead animals weighing more than 15 pounds, plastics, diapers, cat litter,
liquid wastes, pet wastes or other materials prohibited by the selected composting facility. The
range of materials handled by the Compostables collection program may be changed from time to
time upon the approval of the City to reflect those materials allowed by the Seattle-King County
Health Department for the frequency of collection proyided by the Contractor.
Garbage: The word "Garbage" means all putrescible and nonputrescible solid and semi-solid
wastes, including, but not limited. to, rubbish, ashes, industrial wastes, swill, demolition and
construction wastes, and discarded commodities that are placed by Customers of the Contractor
in appropriate bins, bags, cans or other receptacles for collection and disposal by the Contractor.
The term Garbage shall not include Hazardous Wastes, Special Wastes, Source-Separated
Recyclables or Compostables.
Garbage Can: The term "Garbage Can" means a City-approved Container that is a water-tight
galvanized sheet-metal or sturdy 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. .All Containers shall be rodent and insect proof.
Garbage Cart: _ The term. "Garbage. Cart" means a Contractor-provided 20-, 35-, 64- or. 96m
gallon, wheeled cart suitable for household deposit, storage and Curbside placement and
collection of Garbage. Garbage Carts sha11 be rodent and insect proof and kept in sanitary
condition at all times. Hazardous Waste: The term "Hazardous Waste" means, any substance that is:
A. Defined as hazardous by, 40 C.F.R. Part 261, and. regulated as Hazardous Waste by:the
United States Environmental Protection Agency urider Subtitle C, ,of the Resource,
Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et sea•, as
City of Auburn 3 , February 2011
Solid Waste Collection Contract "
amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic
Substances -Control Act, 15 U.S.C. § 2601 et sea•; ar-`any other federal sta.tute or
regulation governing the treatment, storage, handling or disposal of waste imposing
special handling or disposal requirements similar to those required by Subtide C of
RCRA. .
B. Defined as dangerous or extremely hazardous by Chapter 173=303 WAC and.regulated as
_.dangerous waste or extremely Hazardous Waste by the Washington State Department of
Ecology under the State Hazardous Waste Management Act, Chapter 70.1.05 RCW, or
. any other Washington State statute or regulation governing,the treatrnent, storage;
haridling or disposal of wastes and imposing special handling: -requirements similar to
tliose required by Chapter 70.105 RCW.
King County Disposal System: The term "King County Disposal System" means the real
property owned, leased or, controlled by the King County Solid Waste Division, King County,
Washington for the disposal of Garbage, or such other site as may_be authorized by the then
current King CounTy Comprehensive Solid Waste Management Plan.
Micro-Can: The term "Micro-Can" means a"water-tight plastic Container not exceeding ten
gallons in capacity; fitted with two sturdy handles, one on each side; `and fitted with a tight coVer.
Mized Paper: The term "Mixed Paper" means magazines, junk mail,. phone books,' bond or
ledger grade .paper, cardboard, paperboard packaging and other fiber-based materials meeting
industry standards. Tissue paper, paper towels; food-contaminated paper or paper packaging
combined with plastic, wax or foil are excluded from the definition of Mixed Paper.
Mized-Use Building: The term "Mixed-Use Building" means a structure inhabited by both
Residential and Commercial Customers.
1Vlulti-Family Complez: The term "Multi-Family Complex" means a multiple-unit Resideace
with three, or more attached or unattached dwellings, as designated by City billing policies.
Mobile home parks billed collectively for collection service aze considered Multi-Family
Complexes.
Private Road: The term "Private Road" means a privately owned and maintained way that
allows for access by a service truck and that serves multiple Residences.
Public Street: The term "Public Street" means a public right-of-way used for public' travel,
including public alleys.
Recyclables: The word "Recyclables" means aluminum cans; corrugated cardboard; . glass
Containers; Mixed Paper; motor oil, newspaper; recyclable plastic Containers that ' have
contained non-hazardous products; polycoated or aseptic cartons; Scrap Metals and tin caris: '
Recycling: The word "Recycling" means pertaining to the preparation, collection, processing and,
marketing of Recyclables:
City of Auburn 4 February 2011
Solid Waste Collection Contract
. .
Recyclimg Cart: The term "Recycling Cart" means a Contractor-provided 35=, 64- or 96-gallon
wheeled cart suitable for household collection, storage and Curbside placement of Source-
Separated Recyclables. : Recycling Contaiaerc The term "Recycling_Container" means, a Contractor-provided Gontainer
suitable for on-site collectiori; storage and placement of Source-Separated Reeyclables at Multi-
Family Complexes and,Commercial Customer locations. Residence/ResidentiaL• The words "Residence" or "Residential" mean a living space, .with a
kitchen, individually rented, leased or owned.
Scrap Metals: The term "Scrap Metals" means- ferrous and nori-fenous metals, not to .exceed
two.(2) feet in any direction and thirty-five (35) pounds in weight per piece. -
Single-Family Residence:. The term "Single-Family Residence" means all one-unit houses, ,
duplexes and mobile homes that are billed for collection service individually and located on a
Public Street or Private Road.
Source=Separated:. The term "Source-Separated" means certain reclaimable materials that are
_ separated from Garbage by the genera.tor for recycling or reuse, including, but not limited to
~ Recyclables, Compostables and other materials.
Special Waste: The term "Special Waste" means polychlorinated biphenyl ("PCB") wastes,
industrial process wastes, asbestos containing materials, petroleum. contaminated soils,
treated/de-characterized wastes, incinerator ash, medical wastes, demolition debris and other
materials requiring special handling in accordance with applicable federal, sta.te, county or local
laws or regulations.
Yard Debris: The term "Yard Debris" means leaves, grass and clippings of woody, as well as
fleshy, plants. Unflocked, undecorated holiday trees are acceptable. Materials larger than four
(4) inches in diameter ar four (4) feet in length are excluded. Bundles of Yard Debris up to two
feet by two feet by four feet (2'x2'x4') in dimension shall be allowed and shall be secured by
degradable string or twine, not ~ nylon or other synthetic materials. Kraft paper bags and untied
reusable plastic-me`sh bags may also be used to contain extra Yard Debris.
WiJTC: Washington Utilifies and Transportation Commission
City of Aaburn , 5 ; February 2011
Solid Waste Collection.Contract
COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES ,
. . COLLECTION AGREEMENT .
This agreement (hereafter, "Contract") is made and entered into this -,day of
201l, by and between the City: of Auburri, a municipal corporation (hereafter, "City'.'), and-Waste
Management of Washington, Inc, a Washington corporation (hereafter, "Contractor"). .
TERM OF CONTRACT The term of this Contract is six yeazs-and three months, starting October 1; 2011, and
expiring December 31, 2017. The,City may, at its sole option; extend the agreement for up to
two (2) extensions; each of which shall not exceed two (2) years in duration: Any''such
eartension shall be under the terms and conditions of this Contract, as amended by the City
and'Contractor from time to" time. To exercise its option to extend this Contract; riotice "shall
be given by the City to the Contractor no less than ninety (90) days prior to the expiration of
- the Contract term or the expira.tion of a previous extension. In the event that additional areas are annexed into the City on or before the termination of this
Contra.ct, those annexation areas shall continue to be serviced under the terins of tliis.
Contract for a seven (7) year period, starting on the date of annexation, in accordance with ' Section 2:1.2 of this Contract.
2. SCOPE OF WORK
2.1 General Collection System Requirements
The Contractor sha11 collect, take title to and dispose of Garbage, Recyclables and
Compostables according to the terms and conditions of this agreement; provided; that
the.Contractor. shall not knowingly or as a result of gross negligence collect or dispose
- of Hazazdous Waste or Special Waste as those terms are defined herein. The
. Contractor shall indemnify the City for any City damages eaused by violation of this
. Section.. To the extent identifiable, Customers shall remain responsible for any
Hazardous Waste or Special Waste inadvertently collected and identified by. ..the
Contractor.
11.1 City Service Area
The Contractor shall provide all services pursuant to this. Contract
throughout the entire City Service Area. The Contractor agrees to service
all Contractor areas annexed into the City on or before October 1, 2011 as
part of the initial City Service Area, and this Contract shall supersede and
cancel any previous agreements by and between the City and Contractor.
City. of Auburn 6 February 2011
Solid Waste Collection Contract
2. f .2 Annexation
If; during tlie terrri of tlie Gontraet; ad.ditional territory is added to the City
through annexation or other means within which the Contractor has an
existing WUTC certificate or. .other: franchise for solid waste collection at
the time 'of aririexation, the Contractor shall make collection in such
annexed area in accordance with the provisions of this Contract at the unit
prices set forth iri this Contract. The City acknowledges that equipment,
such as trucks,. carts and Containers; may - take time to procure, and
therefore, shall not penalize the Contractor for reasonable delays in the
provision of services to annexed areas due to procurement delays that are
not within the control of the Contractor.
' 'This Contract is in lieu of a franchise as provided in RCW 35A.14.900.
The Contractor agrees that their certificate applicable to those annexation
areas shall be cancelled efFective the da.te of annexation by the City. The
Contractor expressly waives and releases its right to claim any damages or
compensation from the City, its officers, agents,. or assigns arising out of
the cancellation of any pre-existing permit or franchise held by the
Contractor prior to annexation, and further specifically waives the right to
receive any additional compensation or any rights of collection in the newly
annexed territory. The term during whieh the Contractor will service any
future annexation areas shall be seven (7) years, notwithstanding the term
set forth in S'ection 1 of this Agreement.
If, during the life of the Contract, additional territory is added to the City
through annexation withirA which the Contractor does not have an existing
WUTC certificate or other franchise for Gazbage or other collections, then,
upon written, notice from the City, ; the Contractor agrees to make
collections ~in such annexed azeas in accordance with the provisions of this
Contract at the unit price set forth in this Contract. The City acknowledges
that equipment, such as trucks, carts and Containers, may take time to
procure for distribution, and therefore, shall not penalize the Contractor for
reasonable delays in the provision of services to annexed areas covered by
this: paragraph due to procurement delays that are not within the control of
the Contractor. If a party other than : the Contractor holds the WiJTC
certificate for any such additional; territory added to this Contract by
annexation, the City will indemnify,. hold harmless and defend the
Contractor from any and all claims, actions, suits, liability, loss, costs,
expenses and clamages, including costs and attorney fees, brought by any
entity previously serving the annexed area and arising out of Contractor's
assumption of service in annexed territory under this Contract.
Annexation azea Customers shall receive the same Containers as used
elsewhere in the City, in accordance with the provisions of this Contract.
In_ the event where an annexed azea is being serviced with Containers
City of Auburn 7 February 2011
Solid Waste Collection Contract
different from the City's program, the Contractor shall be responsible for
, removal and reeycling of existing Containers and delivery of appropriate
Containers to those Customers not later than 30 days after the Contractor's
first collection in that area:
2.1.3 Unimproved Public Streets and Private Roads
Residences located in an area that does not allow safe access, turn-around
or clearance for service vehicles will be provided seryice if materials are set
out adjacent to the nearest Public Street or Private'Road that provides safe
access. '
In the event that the Contractor believes that a Private Road cannot be
safely negotiated or that providing walk-in service for Single=Family
Customers is impracfical due to distance or - unsafe conditions, the
Contractor shall work with the City and Customer to negotiate the neazest
. safe and mutually convenient pick up location..
If the Contractor believes that there is a probability of Private Road
damage; tlie Contractor sha11 inform the respective Customers. Contractar
may require a damage waiver agreement or decline to. provide service on
those Private Roads. The City shall review and approve the damage waiver
forni prior to its use with the Contractor's Customers:
2.1.4 Hours/Days of Operation ~
- All regular collections in Single=Family Residence, Multi-Family Complex
and IVlixed-Use Building aieas shall be made on Monda.y. through Friday,
between the hours of 7:00 a.m. and 6:00 p.m. The City may authorize a
temporary-extension of hours or days. Saturday collec"tion is allowed to the
extent consistent with special bulky waste`collections, make-up collec"tions,
and holiday and inclement weather schedules. Commercial pickups may take place at any' time deemed appropriate by
Contractor and Customer, provided that collections from Customers near
areas zoned Residential sha11 be made only between the hours of 7:00 a.m. .
and 6:00 p.m. Exemptions may be granted in writing by the City to .
accommodate the special needs of Customers. City code noise restrictions,
. as amended from time to time, shall be applicable to collection services
provided under this contract. .
2.1.5 Employee Conduct
The Contractor's employees collecting Gazbage, Recyelables and
~ 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 or private
City of Aubum 8 February 2011
Solid Waste Collection Contract
~ property. If on private property, employees shall follow the regular -
, pedestrian walkways and paths, returning. to the street after replacing empTy
Containers. Employees shall not trespass or loiter, cross flower beds,
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, employees shall wear a professional and presenta.ble uniform
with an identifying badge with photo and company emblem visible to the
avera.ge observer.
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 unsatisfactoryconduct. in . writing and transmit the
documenta.tion to the Contra.ctor with a* demand that such conduct be
corrected. The Gontractor shall investigate any written complaint from the
City regarding any unsatisfactory.performance by any of its workers. If the
offending conduct is repeated, the City may require that the person be
removed from all performance of. additional work under this Contract.
Removal shall, be addressed by the Contractor immediately, and related
documentation shall be provided to the City.
2.1.6 Disabled Persons Service
The Contractor shall offer carry-out service for Garbage, Recyclables and
Composta.bles at no additional charge to up. to one hundred Single Fanuly
Residences which meet City-defined service qualification criteria for
individuals with, disabilities.and are authorized by the City for free carry-
out service. If the City authorizes this service to more than one hundred
Single Family Residences, the City shall pay the Contractor the regulaz
carry-out surcharge specified in Attachment B for the number of residences
in excess of the initial one hundred provided service under this provision.
2.1.7Holiday Schedules.
The Contractor shall observe the same holida.y schedule as do King County
Transfer Stations (New Years Day, Thanksgiving Day, and Christmas
Day). .
When the day` -of regular collection is a Kirig County Transfer Sta.tion
holiday, the Contractor. may reschedule the remainder of the week of
regulaz collection to the next succeeding workday, which shall include
Saturdays. The Contractor may not collect Residential Garbage;
Recyclables or Compostables earlier than the regular collection day due to
a holiday. Commercial collections may be made one day early only with
the consent of the Commercial Customer.
City of Auburn 9 February 20.11.
Solid Waste Collection Contract
2.1.8 Inclement Weather and Other Service Disruptions
When weather conditions are such that contiriued operation would result in
danger to the Contractor's sfaff, area residents or property, the Contractor
shall coll'ect only in azeas that do not pose a danger: The Contractor sha11
' notify the City of its collection plans and outcomes for each day that severe
inclemerit weather is experienced as soon as pracfical that same business ,
day. : .
The Contractor shall collect Garbage, Recyclables and Gomposta.bles from
Customers with interrupted service on the first day that regular service to a
Customer resumes and sha11 collect reasonable accumulated volumes of
_
materials equal to what would have been collected on the missed cbllection
day(s) from Customers at no extra chazge. Following notification to the
City, the Contractor will lie provided temporary authorization to perform
collection `services after 6:00 p.m. and/or on Saturdays following disruptions due to weather in order to finish collection routes.
If multiple days are missed due to inclement weather in multiple weeks,
collections sha11 be made on the next regularly scheduled collection day. In
the event of successive service disruptions impacting entire neighborhoods,
_ Contractor may , provide temporary Residential . Garbage collection sites
usirig driver-staffed Drop-Box Containers or other suitable equipment, with
no extra charge assessed for such temporary service.
The inclement weatherldisruption in service requirements in the preceding
paragraph 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.
Weath'er policies sha11 be iricluded in program information provided to
Customers. On each inclement weather day; the Contractor shall release
notices to the local newspapers and radio stations (including the Seattle
Times and KING AM, KIRO, KOMO and KUOW radio stations) and.the
Contractor's website notifying residents of the modificafion to the
collection schedule. The City may specify additional media outlets for .
Contractor announcements at its discretion. The Contractor shall also '
notify The Auburn Reporter newspaper when the duration of an inclement weather, event is long enough to warrant notice in that publication.
Upon City request and provision of a Customer phone number list that has
`
been updated not less than 30 days ago, the Contractor sha11 use automated
dialing services to inform Customers at the route level about service
changes.. Customers shall be provided the opfion of opting out of
automated calls.
City of Auburn 10 February2011
Solid Waste Collection Contract
When closure of roadways providing access or other non-weather related
events beyond~ the Contracfor's control prevent timely collection on the
scheduled day, the Gontractor sha11 make collectioris on the first day that
, regular se=vice to a Customer resumes, collect reasonable accumulated. volumes of - imaterials .equal to what,'would have been collected on the
' missed collection,day(s) from Customeis at no extra charge. Following
` notification ; to t11e City, the -Contractor will be. provided temporary
` authorization to perforin collection services a.fter 6:00 p.m. following such "
"'disruptiori's in order to finish collection routes. Delayed or interrupted
, collections as described in this Section are not considered service. failures
for purposes of Section 4.1. ~
2.1:9 Suspending Collection from Problem Customers
The City and Contractor acknowTedge that, from time to time, some
. Customers may -cause disruptions or conflicts that make continued service
to that Customer urireasonable: Those disruptions or conflicts may include,
. but not be limited to, repeated damage to Contractor-owned Containers,
repeated refizsal to position Garbage, Recycling :and Compostables Carts
properly, repeated suspect claims of timely set-out followed by demands
for return collection at no charge, repeated claims of Contractor damage to
, a Customer's property, or other such problems:
T'he Contra.ctor shall make every reasonable effort to provide service to
those problem Customers. However, tlie Contractor may deny or
discontinue service to a problem Customer if reasonable efforts to
accommodate the Customer arid to pTOVide services fail. In this case, the
Contractor sha11 provide advance written notification to the City of its
intention to discontinue service. The City may, at its discretion, intervene
in the dispute. 1n this event, the decision of.the City shall be final. The
, y. City may, also require the denial or discontinuance of service to any
Customer who,is abusing the service or is determined to be ineligible.
2.1.10 Missed Collections
If Garbage; ;Recyclables or Compostables Containers are set out
inappropriafely, improperly prepared' or contaminated with unacceptable
materials, the Coritractor sliall place in a prominent location a notification
~ tag that . id"entifies the specific problem(s) -and reason(s) for rej ecting the
materials fo"r. collection. Failuie to provide proper notification to
Customers of'the" reason for rejecting materials for collection shall be
considered. a.missed collection andlor subject to performance fees due to
lack of proper Customer notification.
The failure of the Contractoi `to collect Garbage, Recyclables or
Composta.bles that has been set out 6y a Customer in the proper manner
City of Auburn 11 February 2011.
Solid Waste Collection Contract
shall be considered a missed pick-up, and the Contractor shall collect the
materials from the Customer the following da.y by noon when notified by
4:00 p.m. Monday through Frida.y. The Contractor shall maintain an
electronic record (in a Microsoft Excel or equivalent electronic file) of a11
missed collections (whether reported by telephone call or e-mail) and
Contractor sha11 routinely note and provide corrective action to those
Customers who experience repeated missed collections. Such records sha11
be made available for inspection upon request by the City and shall be
included with monthly reports unless otherwise directed by the City.
In the event that the Contractor fails to collect the missed pick-up by noon
the following day from receipt of notice (or on Monday in the event of
notification after 4:00 p.m. on Friday), the Contractor shall collect the
materials that day and sha11 be subject to performance fees. If the
Contractor is requested by the Customer to make a retutn trip due to no
fault of the Contractor, the Contra.ctor sha11 be permitted to chazge the
Customer an additional fee for this service (a "return trip fee" at the rate
specified in Attachment B), provided the Contractor notifies the Customer
of this charge in advance.
2.1.11 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 Multi-Family Complexes and Commercial Customers need not be
scheduled on the same day.
2.1.12 Requirement to Recycle and Compost
T'he Contractor shall recYcle or comPost all loads of Source-SePara.ted
Recyclables and Compostables ~ collected, unless express prior written
permission is provided by the City. The disposal of contaminants separated
during processing is acceptable to the extent that it is unavoidable and
consistent with industry standards. The Contractor's residuals from the
overall processing operations at the facility (including both City and non-
City material) shall not exceed 5%. Recyclables in residual stream shall
not exceed 5% of the inbound Recyclables. If more than 5% of inbound
materials aze found to be contaminants, the Contractor will develop a plan
to determine which Customers are adding contaminants in their
Recyclables and then provide a public education program to remedy the
situation.
The Contractor shall process Recyclables in such a manner as to minimize
out-throws and prohibitives in baled material. Out-throws shall . be less
than 8%, prohibitives less than 1%-2% by weight of outgoing materials.
City of Auburn 12 February 2011
Solid Waste Collection Contract
- . . , . . . .
' The Contractor shall remove 90% or more of the inbound contaminants for
disposal. City staff sha11 be provided access to.the Contractor's processing facilities
at 'any time 'for the purposes, of periodically monitoring the facilities'
performance under this Section, and provided that the City shall comply -
with a11 applicable-safety protocols and procedures in place at Contractor's
facilities. Monitoring may include, but not limited to, taking samples of
unproc.essed Recyclables, breaking seleeted bales and measuring the out-,
throws and proriibitives by weight, taking samples of processed glass and
metals, reviewing actual markets and use of processed materials, and other
activities to ensiire the Contractor's performance under this Section and to
ensure that misdirected Recyclables and contamination aze minimized.
Obvious contaminants included with either Source-Separa.ted Recyclables
or 'Compostables sha11 not be collected, and sliall be left in the Customer's
Container witti a prominently displayed notification tag (per Section
2:1.10) explaining the reason for rej ection.
2.1.13 Routing, Notification and Approval
The Contractor shall indicate, on a detailed map acceptable to the City, the
- ` day of the week Garbage, Recyclab]es and Compostables shall be collected
- from each Single-Family Residence:
The Contractor may cha.nge the day of collection by giving notice at least
forty;five (45) days prior to the effecfive date of the proposed change and
must obtain advance written approval from the City. On the City's
approval, tlie Contractor shall provide affected Customers with at least
fourteen (14) days written notice of pending changes of collection day. The
Coritractor shall obtain the prior writfen approval from the City of the
notice to be given to the Customer, and such approval shall not be
' urireasonably, withheld. '
2.1.14 Equipment Age/Condition '
The Contraetor sha11 replace its existing fleet with new compressed natural
gas-fueled vehicles during.2014 and ear1y,2012, and by March 31, 2012, all
° collection and support yehicles shall meet model year 2010 or later model
year federal emissions- standards. Tlie Contractor shall make its fast fill
compressed natiral gas fueling station_ available to retail customers no later
than June 1, 2012, provided that City zoning approval_and other applicable
permits can be obtained.for such use,, and unless the City determines other
events beyond the Contractor's reasonable control result in delays in
. opening such retail station.
City"of Aaburn 13 .February 2011
Solid Waste Collection Contract `
Back-up vehicles used fewer than thirty (30) operating da.ys per calendaz
year sha11 not be subj ect to the model. yeaz and fuel-use standards that apply
to regularly-used vehicles, but shall be presentable, in safe working order,
and, shall be subject to. a11 other conditions of this Section. The
accumulated annual use of individual back-up vehicles shall be reported in
the Contractor's morithly report.
All vehicles used in the performance of this Contraet shall be maintained in
a clean and sanitary manner, and shall be thoroughly washed at least once
each week and sha11 be repainted as necessary.
' All collection equipment shall have appropriate safety mazkings, including
all highway lighting, flashing and waming lights, clearance lights, and
- waming flags, all in accordance with current sta.tutes, 'rules and regulations.
Equipment shall be rriaintained in good condition at a11 times. All' parfs and
systems of the collection vehicles shall operate properly and be maintained
, in a condition satisfactory to the City. The Corifractor shall maintain
collection vehicles to ensure that no liquid wastes (such as Garbage or
Compostables leachate) or oils (lubricating,: hydraulic or fuel) are.
discharged to Customer premises or City streets. Any equipment not
meeting these standards shall not be used within the City until. repairs are
made. The City shall be notified of all spills within two hours of spill
occurrence and such spills: shall be ixnmediately cleaned to the City's and .
Customer's satisfaction. . Unremediated spills. and failure to repair vehicle
leaks shall be subject to performance fees as provided in Section 4.1.
. All collection vehicles shall be labeled with.signs on both the front and
driver's side door , and the rear of the vehicle which clearly indicate the
vehicle inventory number. The Contractor's customer service telephone:
number shall be labeled on the side of the vehicle: No advertising shall be
allowed on Contractor vehicles other thanthe Contractor's name, logo and
Customer service telephone number and website address. Special
promotional messages may be permitted, upon the City's prior written
approval. All Contractor route, service and supervi"sory vehicles shall be
equipped with properly licensed two-way communication equipment, The
Contractor sha11 maintain a base station or haye communication equipment
capable of reaching all collection areas. The Contractor shall maintain all vehicles used- im Auburn in a manner
intended to achieve reduced emissions and particulates, noise levels and -
fuel use. By December 31, 2012, the Contractor's entire fleet used in
Auburn shall meet certification criteria established via the Puget Sound
C1ean Air Agency Evergreen Fleets Program.
City ofAuburn 14 February 2011
Solid Waste Cotlection Contract
- 2.1:15 ContaiIier~Requirements and Ownership'
` The Contractor shall: procure and maintain a sufficient quantity of
Containers , to service the City's Customer base, including seasonal and
economic variations in Container demand. Failure to ha.ve a Container
available when required -by a Customer shall subject the Contractor to
- performarice fees, as provided in Sectiori 4.1.
Customers may elect to own or secure Containers from other sources, and
shall not be subject to discrimiriation by the Contractor in collection
services on that account. However, Containers owned or secured by .
Customers must be capable of being serviced safely by the Contractor's - collection vehicles to be eligible for collection. The Contractor sha11
provide ` labels and collecdon service for compatible Customer-owned
`Containers: The Contractor is not required to service Customer Containers
that are not compatible with the Contractor's equipment. In the event of a
dispute a5-fo whether a particular Container is compatible, the City shall
make a final determination. '
2.1.15.1 Micro-Cans and Garbage Caris
- Single family Customers shall use a Contractor-supplied
' Micro-Can or Cart for their initial Garbage Container. Garbage
Cans and/or plastic bags may be used for overflow volumes of
Garbage, but not as a Customer's primary Container.
If °a -Gustomer : uses their own Garbage Can for occasional
"extras," Contractor crews shall be expected to handle the
Container in such a way as to minimize undue damage. The
Contractor shall be responsible for unnecessary or unreasonable
. damage. to Customer-owned Containers, wear and tear
. excepted.
2.1.15.2 Garbage, Recyclables and Compostables Carts
The Contractor shall provide Micto-Cans, and 20-, 35-, 64- and
96-gallon Garbage Carts for the respective leyel of Garbage
_ collection; 35-, 64- or 96-gallon Recyclables Carts; and 35, 64-
- and 96-gallon Compostables Carts. The Contractor shall
, provide 35-, or 96-gallon Recycling Carts on request to those
residents requiring less or additional capacity to that provided
by.the default 64-gallon Recycling Cart.
I All Carts shall be manufactured from a minimum of 10 percent
(10%) post=consumerrecycled plastic, with a lid that will
accommodate a Contractor affixed instructional label. Carts
City'of Au6urn 15 February, 2011 Solid Waste Collection Contract ' -
shall be provided, to requesting _ Customers within seven (7)
days of the Customer's initial request: Failure to do so will
result in performance fees. as provided in Section 4.1. All
wheeled cart manufacturers, styles and colors shall be approved in writing by the City prior to the Contractor ordering a Cart
inventory. All Carts must have materials prepaiation
instructions 1and telephone and, website contact information that.
visuallydepicts allowed and prohibited materials suitable for
the designated Cart either screened or printed on a sticker
affixed to the lid.
All Contractor-owned wheeled carts sha11: be rnaintained by the
. Contractor in good condition. ,.to allow material storage,
handling, and; collection; contain no jagged edges or holes; be .
equipped with functional wheels or rollers for movement; and
be equipped with an anti-skid device or sufFcient surface_ area
on the bottom of the Container to prevent unwanted movement.
The carts shall be labeled with instructions for proper use,
including any Customer actions that would void manufacture
- warranties (such as placement of hot ashes in the, Container
causing the Gontainer to melt or burn).
Contractor personnel shall note any damaged hinges, holes,
poorly functioning wheels and other similaz repair needs on
Contractor-owned carts (including those for Garbage,
Recycling and Compostables) and forward repair nofices to the
Contractor's service personnel. Cart repairs shall then be made
within seven (7) days at the Contractor's expense. Any Cart that. is damaged or missing on account of accident, act of nature
or the elements; fire, or theft or vandalism by other members of .
. the public shall be replaced no later ttian three (3) business days
after notice from the Customer or City. Replacement Carts
may be new or used and reconditioned; and all Carts shall be
' clean and appear presentable when delivered. Unusable carts
shall be retrieved by Contractor, cleaned (if necessary) and.
recycled to the extent possible. . In the event that a particular Customer repeatedly damages a
Cart or requests more than one replacement Cart during the
term of the Contract due solely to that Customer's negligence
or intentional misuse, the Contracfor shall forward in writing
the Customer's,name and address to the City. The City shall .
then attempt to resolve the problem. In the. event that ` the
problem continues, the Contractar may discontinue service to
that Customer, on the City's prior approval and/or may charge
City of Auburn 16 February 2011
Solid Waste Collection Contract
J
the Custoiner a City-approved Cart destruction fee no greater
than half of the current new Cart replacement cost.
2:1.15.3 Detachable and Drop-Box Containers
Tlie Contractor shall furnish, deliver, and properly locate 1-,
1.5-, 2-; 3-, 4-, 6- and 8-cubic yard Detachable Gontainers, and
20-, 30-, or 40-cubic yard uncompacted Drop-Box Containers
to any Customer who requires their use for stora.ge and
-collection of Gazbage witliin fhree (3) days of the request. The .
Conlractor may, at its discretion, provide additional Container ' sizes for'Recyclables or Compostables service.
' Containers shall be located on the premises in a manner
satisfactory to the Customer and for safe and efficient
collection by the Contractor: ' Containers shall not be placed by
Contractor, or kept for use by Customer, in any City Public
Street. Any Container* located in any City Public Street at any
time is at the Contractor's 'risk and not the City's. Any .
' Container located iri City Public Right of Way is in violation of
this section, and shall iminediately be removed upon request by
the City.
Detachable Containers shall be: watertight and equipped with tight-fitting metal or plastic covers, which covers shall be
closed by Contractor after every service; have four (4) wheels
for Containers 3-cubic yards and under; be in good condition
for Garbage, Recyclables or Compostables storage and
liandling; 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-ftting screened or solid cover operated
by a functional winch system that is maintained in good repair.
Each type of. Detachable Container (i.e. Recyclables, .
Compostables or Garbage) shall be painted a color consistent
with the program it is usedfor, subject to the requirements of
Section 2.1.15.5, with color changes subject to the City's prior
. . written, . approval. Individual Containers shall be repainted as
' needed. . _ ,
Detachable Containers ; shall be cleaned, reconditioned and
repainted (if necessary) before being initially supplied, or
retumed" after repair :or reconditioning, to any Customer. The
Contractor shall provide an on-call Container cleaning service
to Customers: Trie' costs .of on-call cleaning shall be billed
directly to the Customer in accordance with Attachment B. .
City of Auburn 17 February 2011
Solid Waste Collection Contract .
Containers on Customers' premises are at the Contractor's risk
and not the City's. The Contractor sha11 repair or replace
within twenty-four (24) hours any Container that.was supplied
by the Contractor if the City or a Health Department inspector
determines that the Container, fails to comply with reasonable
standazds or in any way constitutes or contributes to a health or
. safety haiard. ' .
Customers may elect to own, or self provide, Containers from
other sources, and shall not be subject to discrimination by the
- Contractor in collection services on that account. However,
any Coritainers owned or self-provided by Customers must be ,
compatible with Contractor''s collection vehicles. The
Contractor is not required to empty or service Customer
Containers that present a safety hazard or are not compatible
with the Contractor's equipment.
In the event that, a particular Customer. repeatedly, dainages a ,
Container due. to that Customer's negligence or intentional
misuse, the Contractor shall forward in writing the Customer's
name and address to the City. The City shall then attempt to
~ resolve theproblem. In the event that the problem continues, the Contiractor may discontinue service to that Customer, on the.
- , . . City's prior approval.
2.1.15.4 Ownership
On the termination of this Contract for any reason, a11
, Contractor=supplied Garbage Carts, . Recycling Carts and
Compostables Carts purchased or obtained by the Contractor in
performance of this contract, shall, af'the option of the City;
. .
revert to City ownership without furtlier compensation to the
` Contractor. Upon written notice, the City may elect to assign
' this ownership option to a third party.
Detachable Containers and Drop-Box Containers sha11 be
' purchased, delivered and maintained by the. Contractor during
the term of this Contract. On the termination of this C.ontract ' for any reason, the City may, at its option, purchase -or assign
the right to puTChase the Contractor's in-place inventory of
' Detachable Containers or Drop-Box Containers for use by the
successive contractor. In the event that Contractor's
Containers are purchased or assigned, the sale price shall equal ,
fifty percent (50%) of the average new price for each
Container, based on the average price from three- (3)
manufacturers at the time of,the termination. For the purposes
City of Auburn 18 February 2011.
Solid Waste Collection Contract
of this transaction; the average prices shall include
transporta.tion from the manufacturer to the Contractor's closest
service yard. '
2.1.15.5 Container Colors and- Labeling
New and replacement Contractor-provided Recycling Carts
shall be blue, Compostables Carts shall be grey, and Gazbage
Carts shalT'be green. 'Deta.cha.ble Containers used for Garbage
shall be ~ green arid a11 ':Detachable Containers used for .
Recyclables shall be blue starting December 31, 2011, for
- Multi-Family and Commercial Customers.
The City may direct changes to cart colors at any time prior to
the Contractor ordering initial or replacement carts provided
the new direction from tlie. City does not require replacement of
existing inventories and the cost per unit does not increase to
- the Gontractor. Specific Container colors shall be approved by
the City'prior to the Contraetor's order of new Containers.
All Containers shall be labeled.with up-to-date instructional
inforniation and contact information prior: to delivery, including
both.a Contractor's customer service phone number and a
:website address. All label designs shall be approved by the
City.prior to ordering by the Contractor. The location of the
labeT on the Containers shall be subject to the City's prior
approval. Individual. container labels sha11 be replaced by the
Contractor at no additional charge when faded, damaged or
out-of-date.
2.1.15.6 Maximum Filled Container Weights
Micro-cans and 20-gallon Garbage Carts shall not exceed forty
(40); pounds and Garbage Cans shall not exceed sixty -five (65)
, pounds in weight: Cart weights sha11 not exceed sixty-five (65)
- pounds for. the 35-gallon size, one hundred-twenty (120)
pounds for the 64-gallon size and one hundred-eighty (180)
pounds for the 96-gallon size: No specific weight restrictions
are provided for Deta.chable Containers, however, the
Contractor sha11 not be required to lift or remove materials
from a Detachable Container exceeding the safe working
. capacity of the collection-.vehicle. The combined weight of
Drop-Box and contents must not cause the collection vehicle to
exceed legal road weights: = -
City of Aubam 19 February 2011
Solid Waste Collection Contract -
2.1.16 Spillage
.
All loads collected by the Contractor shall be completely contained in
collection vehicles at all times, except when material is actually being
loaded. Hoppers and tippers on all collection vehicles sha11 be operated so
as to prevent any blowing or spillage of materials. Any blowing or spillage
of materials either caused by Contractor or that occurs during collection
sha11 be immediately cleaned up by the Contractor at Contractor's expense.
Prior to any collection vehicle leaving a collection route and/or operating
on any roads with a speed limit higher than 25 miles per hour, Conlractor
shall completely close ariy collection vehicle openings where materials may blow out, and thoroughly inspect for and contain any collected materials
iria.dvertently spilled on top of the collection vehicle to prevent release or
littering this material. Spillage shall be reported to the City within two
hours of occurrence and spillage not immediately cleaned up sha11 be cause
for performance fees, as described in Sectiori 4.1.
All vehicles used in the performance of this Contract shall be required to
carry regularly-maintained and fully-functional spill kits: At a minimum,
spill kits shall include absorbent pads or granules,. containriient booms,
storm drain covers, sweepers and other similar materials sufficient to
conta'in, control and, for minoarar events, appropriately clean-up any spillage
or release of wind-blown materials, litter, or leaks of Contractor vehicle
- fluids or leachate. Spill kits shall also include employee spill containment
. instructions and procedures as well as a regularly updated list of emergency
° contacts. 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.
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.
2.1.17 Pilot Programs
" The City may wish to test and/or implement one or more changes to waste
stream segregation, materials processing or collection technology;
promotion of services, or collection frequency at some point during the
term of the Contract. The City shall notify the Contractor in writing at least
ninety (90) days in advance of its intention to implement a pilot prograzn or
of its intentions to utilize a new technology system on a City-wide basis.
The costs (or savings) accrued by any City-initiated pilot programs sha11 be
City of Auburn 20 February 2011
Solid Waste Collection Contract
negotiated prior: to ' City-wide implementation. The Contractor sha11
coordinate vtrith the _ City and participate. fully in the design, roll-out,
operation and troubleshooting of such pilot programs.
~
Contractor-initiated pilot programs shall require prior written notification
and approval by the City. Contractor-initiated pilot programs shall be
performed at no additional cost to the' City or the, Contractor's Customers;
however, savings accrued may be subject to negotiations prior to City-wid'e
implementation at the City's request.
Contractor-initiated surveys are allowed of businesse"s and/or Residences to
gather information about generic service preferences or to acce5s pilot
program options or outcomes, provided that all related data and analysis is
sha.red with the City.
2.1.18 Disruption Due to Construction
- The City reseives the right to construct any improvement or to permit any
such construction in any street or alley in such manner as the City may
direet, which may have the effect for a time of preventing the Contractor
from traveling tlie accustomed route or routes for collection. However, the
Contractor sha11, by ' the most expedient manner, continue to collect
Gazbage;`Recyclables and Compostables to the same extent as though no
interference existed upon the streets or alleys normally traversed. This
collection shall be done at no extra expense'to the City or the Contractor's
Customers.
2.1.19 Contractor Planning Assistance
The Contractor sha11, upon request and without additional cost, make
available site planning assistance to either the City and/or property owners
ar their representatives. The site planning assistance shall be available for
all new construction or remodeling of buildings and structures within the
City Service Area, and shall address the design and planning of Garbage,
Recyclables arid Compostables removal areas and their location upon the
site of the proposed construcfion or remodeling project. Contractor
planning assistance for optirnizing loading docks, enclosures, compactor
equipment, and other similar structures or areas shall also be available for
existing Customers when adjusting Garbage, Recyclables and
Compostables services. Contractor planning assistance shall be provided within two wo_rking days of the Contractor receiving a written request for
assistance.
City of Auburn 21 F&ruary' 2011
Solid Waste Collection Contract
- 2.1.20 Safeguarding Public and Private Facilities
The Contractor sha11 be obligated to protecf all public and private
improvements, facilities- and utilities whether located on public or private
property, including street Curbs.. If such improvements, facilities, utilities
ar.Curbs are damaged arid such damage is primarily attributa.ble to the
Contractor's opera.tions, the Contractor sha11 notify `the City immediately in
writing of a11 damage, and the Contractor shall repair or replace the same.
If the Contractor fails to do so promptly, as reasonably determined by the
City, the City sha11 cause repairs or replacement to be made, and the cost of
doing so sha11 be billed to and become the responsibility of the Contractor.
2.1.21 Company Name
The Contractor shall not use a firm name containing any words implying
municipal ownership witliout prior written permission from the City.
2.1.22 Transition and Implementation of Contract
The Gontractor shall work with the City to design and distribute
promotional materials to Customers throughout the City. This information
, is designed to provide information about the City's programs (and any
service changes) and to inspire interest .from the community in actiyely
participating in the programs: The Contractor shall, at its expense; provide
the following:
(1) Single Family Residential Customers.
a. By September 15, 2011, the Contraetor shall mail a letter and a brochure describing the City's services and new rates to all
, Residential Customers in the City. This brochure shall include
. organics recycling, waste reduction information and alternatives
- , _ 'for hard-to-recycle materials. Other outreach efForts ma.y
include:
i. Post cards with cart delivery date information.
H. Outdialers to customers before carts aze delivered:
iii. Press Releases and development of "earned media,"
iv. Presentations to local rotary and chamber of commerce
groups.
v. Newsletter articles and other inforination as requested by
the City.
City of Auburn 22 February 2011
Solid Waste Collection Contract
(2) Commercial Customers.
a. By December 31, 2011, tlie Contractor sha11 visit all Commercial
Customers in the City, to provide information on the City's
, commercial recycling program_ and to audit current and potential
: service levels. Auditors 'shall provide information on the City's
recycling program arid cost savings associated with the program.
Compostables and hazardous waste disposal options sha11 also be
discussed during these visits.
b. All participating Commercial Customers shall be provided with
brochures and posters about proper recycling techniques. .
,
c. By December 31, 2011, all green Detachable Recycling
Containers shall be replaced with, blue Detachable 'Recycling
. , Containers.
(3) Multi-Family Customers.
, a. Site Visits. By June 30, 2012, the Contractor shall visit each
- Multi-Family Complex.in~the City. During these site visits, the
Contractor shall: i. Audit service levels and provide information on potential
cost savings associated with increased recycling.
, 11. Ensure that all Recycling Containers are labeled correctly.
~ i i i. -Arrange for the replacement of any green Recycling
Containers with blue 'Recycling Containers by December
31 , 2011. , _
iv. ` Provide recycling related posters and brochures for Multi-
. ` Family Complexes.
v... Update or establish contact information for ongoing
, communication.
. ,
vi. Provide the City with a report of tfie outcomes from these
• . site visits: - -
City of Auburn . 23 February 2011
Solid Waste Collection Contract ' '
(4) Other.
a. All existing Recycling Containers sliall be re-labeled by March
31, 2012.
b. Additional staffing. shall be provided for Contractor Customer
service lines to accommoda.te Customer questions during the
. transition period. ~
c. By October 1, 2011, the Confractor will provide a detailed
analysis of current level of compliance witli "Evergreen Fleets."
- d. Provide for City review the initial draft. Arinual. Service Updates
in accordance with Section 2.3.5 before October l, 2011.
- The above dates may be shifted earlier upon permission of the City,
provided that Customers receive new Containers in a way to minimize
confusion.
All Container decals, Cart imprints and materials provided by the
. Contractor to Customers shall be reviewed arid approved by the City in
' advance of production or distribution.
2.1.23 Ongoing,Coordina.tion with City arid Performance Review
: - The Contractor's supervisory staff shall be available to meet with the City
at the City's offices on request as well as on a monthly schedule to discuss
and resolve operational and-Contract issues. , The City may, at its option,
conduct periodic performance reviews of the Contractor's, performance
. under tfiis Contract. The City may perform the review to confirm various
aspects of the Contractor's operations and compliance with. this Contract.
City staff or contracted consultants may provide tHe review at the City's
direction.; The Contractor shall fully cooperate and assist with all aspects
of the performance review, including access to Contractor's route and
Customer service data, billing information, safety records, equipment,
facilities and other applicable items. The City's scope of review under this
provision is intended to focus on analysis of the Contractor's performance
and Contract compliance. _
The results of the performance review sha11 be.presented to the Contractor
and a-plan for addressing any deficiencies shall be provided to the City
within two (2) weeks of the Contractor's receipt of the review. The
Contractor shall analyze and correct in good faith any deficiencies found in :
its performance under this Contract.
The Contractor's corrective plan shall address all identified deficiencies
and include a timeline for corrective actions. T'he Contractor's corrective
City of Auburn 24 February 2011
Solid Wasfe Collection Contract
plan shall be subject to review and approval by the City. Upon approval of
the plan, the Contractor shall implement and sustain actions that correct
deficiencies. Failure to complete correction of deficiencies as outlined in
the plan and/or failure to initiate good faith corrective actions within thirty
(30) da.ys shall constitute a failure to perform subject to performance fees
as defined in Section 4.1. Further, the City, at its sole option, may then
provide the Contractor with six (6) months notice of contract termination.
The Contractor shall continually monitor and evaluate a11 operations to
ensure. compliance with this Contract. At the request of the City, the
Contractor shall report its own findings from internal monthly performance
measures for collection, customer service and maintenance functions. The
City shall determine which of the Contractor intemal performance
mana.gement measures are relevant to addressing any particular deficiencies
and the Contractor shall continue to report those measures until notified in
writing by the City.
In addition, Contractor personnel involved in the collection of
Compostables andlor Recyclables will be required to attend one (1) training
per year to allow City and/or Contractor representa.tives to present
highlights of promotional and service initiatives, while providing personnel
an opportunity to offer feedback or suggest improvements based on their
own observations.
2.1.24 Disposal Restrictions and Requirements
All Garbage collected under this Contract, as well as residues from
processing Recyclables and Compostables, shall be delivered to the King
County Disposal System, unless otherwise directed in writing by the City.
Garbage containing obvious amounts of Yard Debris sha11 not knowingly
be collected and instead prominently tagged with a notice informing the
Customer that King County does not accept Yard Debris mixed with
Garbage for collection. Contractor's knowing collection of Garbage mixed
with visible Yard Debris shall be grounds for performance fees as provided
in Section 4.1.
The Contractor shall not be required to collect hazardous materials tha.t are
either restricted from disposal or would pose a danger to collection crews.
If materials are rejected for this reason, the Contractor shall leave a written
notice with the rejected materials listing why they were not collected and
providing the Customer with a contact for further information about proper
disposal options. The Customer shall remain responsible for all costs
associated with handling and disposal of hazardous materials inadvertently
collected by the Contractor.
City of Auburn 25 February 2011
Solid Waste Collection Contract
_ Garbage collected by the Contractor may be ~ processed to recover
Recyclables, provided that the residual is disposed 'iri accordanee witfi the
City's Interlocal Agreement with King County. Iri the event the Contractor
_ , .
elects to haul Garbage to a private pr.ocessing ,facility, t11e Contractor s_ ha11 .
charge the Customer no more than the equivalent Garbage disposal fee at a
King Courity Disposal System transfer station and sha11 charge hauling fees
no higher than provided for in Attachment B: '
-
2.1.25 Violation of Ordinance
The Contractor shall report in writing immediately to the City ariy observed
violation of the City's ordinances providing for arid_ regulating the
. . .
Conta:inerization, collection, removal and disposal of Garbage, Recyclables
and Composta.bles. 2.2 Collection Services
2.2.1 Single-Family Residence Garbage Collection
22.1.1 Subject Materials
. , The Contractor sha11-collect all Gazbage placed Curbs'ide for
disposal by Single-Family Residence Customers in and
adjacent to Micro-Cans, Garbage Cans or plastic bags (for
Extra Units) and/or Contractor-owned Garbage Carts. The
Contractor sha11 offer carry-out service to disabled Customers
at no charge (per Section 2.1.6) and to all other Customers for
the appropriate service level rate, plus the -cany-out surcharge,.
in accordance -with 14ttachinent B. ~ If a'Customer is eitlier.
eligible for; or subscribes to; carry-out service, carry-out. .
service sha11 be provided for all three collection streams.-
(Garbage, Recyclables, and/or Compostables) without duplicate :
surcharges.
. 2.2.1.2 Collection Containers The Customer's primary Container must be a, Micro-Can or
Garbage Cart. Plastic bags and/or Garbage Cans may only be
' used for Extra Units, not as the Customer's primary Container: , Micro-Can and Cart rental fees shall be embedded in :the.
respective rate charged for the level ` of service and not
sepazately charged or itemized.
Micro-Cans and Garbage Carts 'shall ' be delivered by the
Contractor to Single-Family Residence Cu'tomers within_ seven
(7) days of the Customer's initial request.
City of Auburn 26 February 2011
Solid Waste Collection Contract
2.2.1J Specific Collection Requirements
The Contractor shall offer regular weekly collection of the following service levels:
. (1) One 10-ga11on Micro-Can;
(2) One 20-gallon Gazbage Cart;
(3) . One 35-ga11on Garbage Cart;
(4) One 64-gallon Garbage Cart; and
(5) Orie 96-gallon Garbage CarE.
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.
'An Extra Unit charge may be assessed for materials loaded so
as to lift a Cart lid from the no'rmally, closed position. The
Contractor may charge for an overweight Container at the Extra
Unit rate, provided that the Customer agrees in advance to pay
for tlie Extra Unit rate, otherwise, the Container shall be left at
the Curb with Customer riotification as to why it was not
collected. The Contractor shall maintain route lists in
suff cient detail to allow accurate recording and charging of a11
Extra Unit fees. All Extra Uriits from Customers shall be
; documented with a date-stamped photograph.
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. Customers shall place Containers on or
abutting Public Streets or Private Roads: The Contractor may
tag iriappropriately placed Containers and may discontinue
service in the event of persistent inappropriate Container
; placement. The Contractor's crews sha11 make collections in
an. orderly and quiet manner; and shall return Containers, in an
: upright position, with lids closed and attached, to their set out
location and will not place - Containers on streets, sidewalks,
public pathways, or in places that block vehicle aceess to any
driveways, mailboxes, or similar structures.
. Once each year, on a week specified by the City, the Contractor
, shall collect bulky wastes from all Single Family Residential
. customers within the City Service Area at no additional.charge.
Each resident shall be allowed to place bulky waste next to
City.'of Aubum 27 February 2011
Solid Waste Collection Contract . "
, their regular containers for ,special collection on that day, at no
extra charge. The City will provide residents with a list of
acceptable bulky waste items each year prior to the event.
Individual items accepted under this collection event : may
include bulky wastes; appliances, furniture, mattresses, but .
sha11 exclude: recyclable (other than scrap metal) materials, .
reusable materials, and household. gazbage. For the annual
bulky waste collection event only, the Contractor sliall keep separate disposal quantity and charge records and shall be
reimbursed by- the City for disposal fees for collected Garbage,
as well as actual refrigerant and scrap metal recycling fees:
2.2.2 Single-Family Residence Recyclables Collection 2.2.2.1 , Subject Materials
The defined list of Recyclables sha11 be collected from all
participating Single-Family Residences as part of basic
Garbage collection services; without .extra charge. The
` Contractor shall collect all 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 follows and
uncontaminated-with food or other residues:
Aluminum Cans: All aluminum cans that are placed in the .
_ Recycling Cart.
Corrugated Cardboard: All coriugated cardboard boxes smaller
than two (2) by three (3) feet, and placed
in or next to the Customer's. Recycling
Cart. Larger corrugated cardboazd boxes
must be flattened by Customer prior to
collection:
Garbage Cans: The Contractor shall collect and recycle . unwanted Garbage Cans from Customer.
Cusfomers shall label unwanted cans with
a"Take" label and the Contractor shall
' collecf those empty unwanted Garbage
Cans on ifs Recycling collection route: -
Glass Containers: All colored or clear jars and bottles that
are rinsed and have lids removed.
Fluorescent and incandescent light bulbs,
ceramics and window glass are excluded:
City of Auburn 28 February 2011
Solid Waste Collection Contract
Mixed Paper: :All 1Vlixed Paper.
. Motoi Oil: Up to three gallons of motor oil that is
. free from contaminants and placed in
, screw-top plastic jugs, labeled with the
Customer's address and placed next to the
Customer's Recycling Cart.
Newspaper: All 'newspaper and advertising
supplements that are delivered with
riewspapers.
Plastic Containers: All plastic bottles, jugs, tubs, and cups.
, Other plastics, automotive or other
hazardous product Containers, and lids
are' excluded.
Polycoated Cartons and Boxes: All plastic coated cartons and boxes that
are flattened.
Scrap Meta1: All ferrous and non-ferrous Scrap Meta1
- tliat is free of wood, plastic, rubber and
- other contaminants; and meets the size
requirements defined for Scrap Metals.
ScrapMeta1 sha11 include sma11
applianees provided they meet the size
requiremenfs.
Tin Cans: All food and beverage tin cans.
2.2.2.2 Containers
The Contractor shall be responsible for ordering, assembling,
. affixing instructional information onto, mainta.ining adequate
inventories of,, and distributing and rnaintaining Recycling
Carts. The default Recy,cling Cart size shall be 64-gallons for
~ new Customers, provided that the Contractor shall offer and
provide 35- or 96-gallon Recycling Carts on request to those
, Customers requiring either less or additional capacity than
, provided by the standard 64-gallon Recycling Cart.
Recycling Carts shall be delivered by, the Contractor to new
Customers or those Customers requesting replacements, within
seven (7) days of the Cusfomer's initial request. .
City of Auburn 29 . February 2011. .
Solid Waste Collection Contract -
2.2.2.3 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. Single-Family
Residence Recyclables collection shall occur during the hours
and days specified :in Section 2.1.4. Collections shall be made
from Residences on a regular. schedule on the same day and as
close to a consistent time as possible. The Contra.ctor shall
collect on Public Streets and Private Roads in the same location as Garbage collection service is provided. The Gontraetor's
crews shall make collections in an orderly and quiet manrier,
and sha11 return Containers with their lids closed and attached
to their set out location in an orderly manner.
The. Contractor shall collect all properly prepared Single-
Family Residence Recyclables from Garbage Customers, No
; limits shall be.placed on set-out. volumes, except in the case
when extremely large quantities of commercially-generated
materials are consistently set out at a Single-Family Residence.
In this case, the Contractor shall request.the resident to use alarger Recycling Cart or use commercial recycling services for
the excess volumes. If the resident continues to set out
commercial quantities of Recyclables, the Contra.ctor shall
notify the City for further action. In the event that lazge
quantities of Residentially-generated cardboard (e.g. moying
boxes) are set out for collection, the Contractor may collect the
excess materials the following day in a separate truck, provided
that clear written notification of the collection delay is provided
to the Customer.
The Contractor shall collect properly packaged used motor oil
' from Single-Family Residential Customers. The Contractor
may refuse to collect used motor oil from any Customer for any
one of the following reasons: 1) the oil was not packaged in a
; leak proof, plastic jug or bottle, securely sealed with a screw-
- cap; 2) the packaged oil contained substances other than 'used
motor oil; 3) the packaged oil leaks in any way 4) the Container
is not properly labeled with the Customer's name and address; or 5) there is spillage at the Custoiner location which is not
caused by the Contractor's employees. Should the Contractor
reject used motor oil for any, of these reasons, a tag outlining
the reason far rejection shall be left with the oiL
The City and Contractor shall cooperate on monitoring the
quality of Recyclables set out for collection. Either party may.
City of Auburn 30 February 2011
Solid Waste Collection Contract
inspect or sample set-out or collected Recyclables. Any
deficiencies in Recyclables quality observed by City or
Contractor's staff sha11 require educational follow-up by the
Contractor to encourage maxunum quality and marketability.
Educational follow-up sha11 range from a minimum of a notice
ticket or "oops tag" to. involvement of management staff from
either the City or Contractor as appropriate.
, 2.2.3 Comgosfables Collection
2.2.3.1' ` Subject Materia:ls
Compostables sha11 be collected weekly on a subscription basis
from a11 participating Single-Family Residences.
Contamiriated or oversized-Compostables materials rejected by
the Contractor at tlie Curb shall be ta.gged in a prominent
' location with an appropriate problem notice explaining why the
` material was rejected.
y 2.2.3.2 Containers
A 96-gallon Compostables` Cart sha11 be provided to all
Compostables collection subscribers. The Contractor shall be
~ responsible for ordering, assembling, affixing instructional
information onto, maintaining inventories of, and distributing
and maintaining Composta.bles Carts. Compostables Carts
shall be labeled with instructional information, in accordance
with Section 2.1.15.6. The default Compostables Cart size
shall be 96-gallons, with 35- and 64-gallon sizes available upon
request.
Extra Yard Debris material that does not fit in the initial
Composta.bles Cart shall be bundled or placed in Kraft bags or
Customer-owned Garbage Cans labeled for Yard Debris.
Customers choosirig to' use their own Containers for excess
Yard Debris shall be provided durable stickers by the
Contractor that clearly identify the Container's contents as
Yard Debris:' .
. --Compostables Carts sha11 be delivered by the Contractor to ,
Customers within seven .(7) days of the Customer's initial
request. Redelivery fees shall be charged only to those
' Residential Customers that cancel and then restart
Compostables Cart collection service within seven (7) months
of cancellation. In order for this fee to be applicable, the City
City of Aubum 31 February 2011
Solid Waste Collection Contract
must notify each Customer at the time they request service
cancellation. The Contractor may charge a Compostables Cart
cleaning and deodorizing fee, per occurrence, for each
Compostables Cart . cleaned and redelivered to existing
Compostables collection subscribers upon their request.
2.23.3 Specific Collection Reguirements
Compostable materials sha11 `be collected weekly on the same
scheduled service day as Garbage. collection from all Single
Family Residences who subscribe to Compostables service.
Compostables in excess of 96 gallons may be charged as
Composta.bles Extra Units in 32 gallon increments in
accordance with Attachment B.
, Unflocked, undecorated, natural holiday trees (Christmas
Trees) will be collected at no additional cost on the first full
week of scheduled Compostable materials collection each yeaz
from all Single-Family and Mu1ti-Family Residences in the
City.
The Contractor sha11 collect on Public Streets and Private
Roads, in the same location as Garbage collection is. provided.
The Contractor's crews shall make collections in an orderly and
quiet. manner, and 'shall return Containers in an upright
position, with lids, atta.ched, to their set out location and will
not place.Containers on streets, sidewalks, public pathways, or
in places that block vehicle access, to any driveways,
mailboxes, or similar structures.
Information detailing collection and service schedules as
specified in Section 2.2.23 and Section 22.3.3' shall be
. included in the Annual Service Update as specified in Section
2.3.5.
2.2.3.4 Food Scraps Collection
The Contractor shall accept uncontaminated Food Seraps
included and/or mixed with Yard Debris ("Compostables") in
Compostables Carts for Single Family Residential Customers
who subseribe to Compostables Collection service: . The range
of materials handled by the Food Scraps collection program
. may be changed from time to time upon the approval of the
City to reflect those materials allowed by the Seattle-King County Health Department for the frequency of collection
provided by the Contractor.
City of Auburn 32 February 2011
Solid Waste Collection Contract '
2.2.4 Single Family Bulky Waste Collection
2.2.4:1 ' Subject Materials ,
On-ca11 bulky waste collection sha11 be offered for stoves, washing machines, dryers, ' water heaters, refrigerators and
freezers, large furniture (sofas and chairs), mattresses or box
- springs, tires with or without _rims (auto, pickup, heavy truck),
etc and shall be provided at the rates listed in Attachment B.
Collected oversized items shall be recycled by the Contractor to the extent possible: The Contractor shall maintain an
electroriic log listing service date, materials collected;
. Customer charges, weights, and whether the item was recycled
- or disposed. This log shall be provided to the City on a " monthly basis.
2.2.4.2 Specific Collection Requirements
On-call collection services of bulky waste such as couches,
mattresses, white goods and other oversized materials must
occur.during the hours and days specified in Section 2.1.4, with
• the exception that Saturday collection is permissible if it is
more.convenient for Customers. The Contractor's crews shall
' make; collections in an orderly and quiet manner. 2:2.5 Mu1ti-Family Complex and Commercial Customer Garbage Collection
2.2.5.1 Subject Materials
-The Contractor sha11 collect all Garbage set out for disposal by
• Mu1ti-Family Complex: and Commercial Customers in
acceptable Containers as designa.ted in Section 2.2.5.2.
2.2.5.2: Containers
The Gontractor shall provide Containers meeting the standards
described in Section_ 2.1.15. Multi-Family Complex and
Gommercial Customers _shall be offered a full range of
Containers and service options, including Garbage Carts, one
(1) through six (6) cub'ic yard compacted and one (1) through
eight (8) cubio-yard rion-compacted Detachable Containers,
and compacted or non-compacted Drop-Box Containers. The
. Contra.ctor may also lease or sell compacted Drop-Box
Containers and Drop-Box and Detachable Container
Compactors to Customers outside of this Contract at rates
negotiated between the Customer and the Contractor.
Gity of Auburn 33 February. 2011.
Solid Waste Collection Contract
.
Materials in excess of Container capacity or the subscribed
service level shall be collected and properly charged as Extra
Units at the rates listed in Attachment B. The Contractor sha11
develop and mauita,in route lists m sufficrent deta:tl to. allow
accurate recording and chazging of a11 Extra Units and
documenta.tion of service irregularities such as damaged or
blocked Containers. All Extra Units and service irregularities
shall be documented with a date-stamped photograph.
The Contractor may use either or both front=load or rear-load
Detachable Containers to service Multi-Family Complex and
Commercial Customers. However, not all collection sites
within the CityService 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 at that
Customer's site. '
Contractor-owned Containers shall be delivered by the
Gontractor to requesting Multi-Family Complex and.
Commercial Customers within three (3) days of the Customer's
initial request. Customers shall properly care for Containers on
the Customer.'s property; shall use reasonable efforts to protect
such Containers from graffiti or negligent misuse, and shall not
use such Containers for other than their intended purpose.
2.2.5.3 Specific Collection Requirements
_ Commercial Garbage collection sha11 be made. available to
. Multi-Family Complex and Commercial Cusfomers daily,
- during the times specified in Section 2.1.4. Collection at
Multi-Family sites shall be limited to the same hours as Single-
Family Residence collection. Collections 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 collect from areas mutually agreed upon by the
Contractor and Customer with the least slope and best truck
access possible. Containers shall be replaced after emptying in
the same location as found.
Roll-out charges shalI be assessed in ten (10) foot increments
only to those Customers for whom the Contractor must move a
Container over five (5) feet to reach the collection vehicle at its
nearest point of access. Extra charges may be assessed for
City of Auburn 34 February 2011
Solid Waste Collection Contract
I
materials loaded so as to lift the Garbage Can, Gazbage Cart or
Detachable Container lid from the normally closed position.
2.2.6 Multi-Family Complex Recyclables Collection
2.2.6.1 Subject Materials
The Contractor sha11 provide adequate Container capacity and
collect a11 Recyclables from Multi-Family Complexes that are
prepared. in a manner similar to that described for Single-
Family Residence Recyclables in Section 2.2.2.1., with the
exception of used motor oil. This embedded Recyclables
collection shall occur at no extra charge from base Gazbage
collection. The Contractor shall tag contaminated Containers,
but will not collect the contaminated load as Garbage and not
charge the resident or property manager a fee for contamination
unless notification and correction procedures are completed.
2.2.6.2 Containers
The Contractor shall be responsible for ordering, assembling,
affixing instructional information onto, maintaining inventories
of, and distributing and maintaining Recycling Containers.
The Contractor shall offer and provide 35-, 64- or 96-gallon
. Recycling Carts at sites where Recycling Containers are
provided to individual Multi-family units. At mobile home
parks, the Contractor shall provide a Recycling Cart to each
individual residence and shall provide services equivalent to
Single-Family Residences. At Multi-Family Complexes with common-azea Recycling
Containers that serve more than one unit, the Contractor shall
use Detachable Containers to the extent practical and shall use
multiple clusters of Recycling Carts only where Detachable
• Containers are not practical due to operational or site
constraints.
Recyclables Containers shall be labeled with recycling
collection requirements in accordance with Section 2.1.15.5
when distributed. The Contractor shall provide common-keyed
locks and multiple keys when requested at no extra charge to
limit contamination of Recyclables. Upon notice, Contractor
shall equip Detachable Containers with special slotted
recycling lids provided by the City.
City of Auburn 35 February 2011
Solid Waste Collection Contract
Recyclables Containers sha11 be delivered by the Contractor to
requesting Customers within three (3) days of the Customer's
initial request. Multi-Family Complex Recyclables Containers
shall be relabeled periodically in accordance with Section
2.1.15.5.
' 2.2.63 Specific Collection Requirements
Multi-Family Complex Recyclables collection sha11 occur
weekly or more frequently, as needed, during the hours and
days specified in Section 2.1.4 for Multi-Family Complex
collection. Collections shall be made on a regular schedule on
the same da.y(s) of the week to minimize Customer confusion.
The Contractor shall collect from areas mutually agreed upon
by the Contractor and Customer with the least slope and best
truck access possible. After emptying Containers sha11 be
replaced in the same location as found. Multi-Family Complex
Recycling Customers shall not be charged lock, gate or roll-out
fees.
When space constraints limit the provision of Containers
appropriately-sized for weekly collection, the Contractor shall
provide more frequent collection, as necessary, of smaller
Containers to provide adequate total recycling capacity for the
Multi-Family Complex site.
2.2.6.4 Multi-Family Recycling Outreach and Incentives
The Contractor shall provide ample copies of current recycling
- guidelines upon request of the City or Customer. The
Contractor shall assist the City in the development and
implementation of an annual recycling outreach and incentive
plan. The plan shall include, at a minimum, a description of
planned programs, tasks assignments between the City and
Contractor and support costs where appropriate.
Public Education will play an important role in this process.
The Contractor and the City shall work together to conduct
workshops, visit with Customers, and develop and implement a
high quality public education campaign. The outcomes and
results of these efforts will be tracked and reported to the City
by the Contractor.
The Contractor shall work with property managers at Multi-
Family Complexes across the City to identify recycling
"champions" in multi-family buildings to monitor recycling
City of Auburn 36 February 2011
Solid Waste Collection Contract
_ and waste collection activities, provide ongoing education to
' tenarits, and communicate with the property manager about any
key issiies. Contractor will coordinate with City staff and
consultants to provide the technical support, materials, and
resources they need to create and maintain successful
Recyclables collection programs in their buildings.
2.2.7 Recyclables Drop-off Site
The Contractor sha11 provide a drop-off Recyclables depot at its facility
located' iri or riear Auburn for Aubum Customers to use when collection is
' otherwise unavailable'(e.g. a property manager refuses to make Recyclables
- collection available at a Multi-Fanuly Complex). The Recyclables depot
shall accept all Residential Recyclables and shall be available during
` daylight hours Monday through Sunday.
2.2.8 Commercial Recycling Collection ' -
' 'Commercial Recyclables shall be collected from al1 participating
Commercial Customers as part of basic Garbage collection services,
without"extra charge up to 15,0 percent of that Customer's Garbage
collection Container'size, provided Recyclables are placed in the city's
approved recycling container. 2:2.8.1 Subject Materials
The defiried list of Recyclables, with the exception of used
motor oil. or large amounts of' Scrap Meta1, sha11 be collected
from all ~participating Commercial Customers as part of basic
Garbage collection services, without extra charge subject to the
limitations in Sections 2.2.8 and 2.2:8.3.
The Contractor shall collect a11 Recyclables from Commercial
Customers that are prepared in a manner similar to that
described for Single Farriily Residential Recyclables in Section
` 2:1. In the event of contaminated materials, the driver shall
- notify their dispatcher, : arid the dispatcher sha11 contact the
- Customer with specific instructions for Customer to prepare the
. rejected materials for. collection service or authorization to
collect, the material as 'Garbage for the regular Garbage
collection. ,fee. Contractor_ ~shall notify the City immediately,
through use of dispatch or:route .management staff; if repeated contamination occurs in Recyclables set out by any
Commercial or Mu1ti-Family Customer.
City of Auburn 37 February 2011.
Solid Waste Collection Contract
The Contractor shall notify the City immediately when any
Commercial or Mu1ti-Family Customer requests reduction or,
elimination of any Recyc~lables collection service, to afford the '
City the 'opportunity to act as a customer retention, agent on ~ behalf of the Contractor. The Contractor is required to iemind
such Customers that City resources are available to help
resolve Recycling service issues. 2.2.8.2 Containers .
Contractor-supplied Recycling Coiitainers shall be used for
collecting Coinmercial Recyclables. Recycling Carts and
, . Recycling Detachable Containers shall be distinguished from
Compostables , or Garbage Contairier colors per Section
2.1.15.5 and shall include prominent identifying labels that
provide directions for the preparation of the materials to be
placed in the Cart. or Container.
At larger; businesses, the Contractor may use Detachable
Containers or Drop-Box.; Contauiers for: Recyclables collection
provided that they are distinguished from .Containers used for
Garbage, collection and are equipped with prominent
identifying labels.
Contractor-owned , Conta.iners shall be delivered by the ,
Contractor to requesting Customers within three (3) days of the
Customer's initial request.
2..2.83 Specific Collection Requirements
Commercial Recyclables collection shall be offered weekly
during the hours and days specified in Section 2.1.4.
Collections shall be made on a regular schedule on a consistent
da.y and as close to a consistent time as possible to minimize
_ Customer confusion. The Contraetor shall collect in alleys
where practical, and on streets where no alleys are present.
Containers shall be replaced in the . same locatiori after
emprying.
" Commercial Recyclables collection Containers and service may
be ordered by the Commercial Customer, tlie City, or the City's
_ contracted technical assistance corisultant, provided that the
Contractor shall not be required to . provide Commercial
' Recyclables collection ta an unwilling party. ,
'
City.ofAuburn 38 February 2011
Solid Waste Collection Contract
,
When providing Commercial Recycling to a particulaz ,
Customer; the Contractor shall not be required to provide : Recycling ,Container capacity_ greater than 150 percent of that
Cusfomer's Garbage collection Container size. For example, a
Customer with a two cubic yard Garbage container would be
provided up to three cubic yards of Recycling Container
~ capacity. Contractors can also provide less than 150 percent .
, recycling service if the. amount of Recyclable material
customarily generated by the customer does not require a larger
Gontainer_ Any additional Recycling collection seryice beyond
the 150 percent; level provided as part of Garbage collection
- may be fee-based as negotiated between that Customer and the
Contractor.or any other service provider the Customer chooses
to use.
, 2.2,9 Multi-Family Gomplex and- Commercial Customer Composta.bles
Collection. .
. 12.9.1 Subject Materials
The Contractor, shall provide Compostables collection services
to Multifamily Complexes and Commercial Customers on a
subscripti.on fee basis, -in accordance with the service level
selected by the Customer. -
Contaminated or oversized Compostables materials rejected by
. the Contractor shall be tagged in a prominent location with an
appropriate problem notice explaining why the material was
rejected. The Contractor's dispatcher will contact Customers
with specific instructions for Customer to make the rejected
materials suitable for collection service.
2.2.9.2 -Containers
The Contractor sha11 offer 35-, 647 and 96-gallon Compostable
. Cartseivice levels as well as one and two cubic yard
Detachable Container. service levels for Compostables
collection.
± The Coritractar shall be xesponsible for ordering, assembling,
_ affixing instructional information onto, maintaining inventories
of, and distributing and maintaining Compostables Carts and
Detachable Containers. . Extia Yard Debris material that does not fit in a Compostables
Cart or Detachable Container shall be bundled or placed in .
City of Auburri 39 February 2011 '
Solid Waste Collection Contract
Kraft bags or Customer-owned 32-gallon (maximum)
Containers labeled `yard'. .
Compostables Carts and Deta.chable Containers sha11 be
' delivered by the Contractor to new Multi-Family Complexes or
Commercial Customers within three (3) days of the Customer's
initial request.
° 2.2.9.3 Specific Collection Requirements
Compostables shall be collected from Mu1ti-Family. Complex
. and Commercial Customers at least weekly. Collections shall
be made on a regular scheduTe on the same day(s) and as close
to a consisfent time as possible.
The Contractor shall collect Containers at defined Multi-
Family Complex or Commercial Gustomer Container spaces.
The Contractor's crews shall make collections in an orderly and
quiet manner, and shall returri Containers with their lids closed
and attached to their set out location:
Commercial and Mu1ti=Family Custorners using Compostables
' Collection service for Food Scraps collection with Seattle-King
County regulations for Commercial Food Scraps collection and
the materials being Source-Separated must be identical, to those
. accepted in the Residential Food Scraps collection program.
The Contractor shall not be required to provide biodegradable
kitchen Container bags or Cart liners as part of the basie
collection service.
Commercial and Multi-Family Gustomers who require .
Detachable Container Compostables collection service may
subscribe separately with the Contractor or another service
provider for that service at market rates.
2:2.10 Drop-Box Container Garbage Collection 2.2.10.1 Subject Materials
.
The Contractor shall provide Drop-Box ~ Container' Garbage
collection services to Multi-Family Complex and Gommercial
Customers, in accordance with the service level selected by.the
Customer.
City of Auburn 40 February 2011
Solid Waste Collection Contract
2.2.10.2 Containers -
- T'he Contractor sha11 provide Containers meeting the standards
described in Section 2.1.15. Both. Gustomer-owned and
_ Gontractor-owned Drop-Box Containers sha11 be serviced,
- includirig Customer-owned compactors.
Contractor-owned Containers shall be delivered by the
Contractor to requesting Customers within three (3) days of the
Customer's initial request.
2.2. l 0.3 ' Specific Collection Requirements
Single-Family Residence, Multi-Family Complex and
Commercial Customer Drop-Box Container collection must
occur during the hours and days specified in Section 2.1.4.
Collection of Drop-Box Containers in Single-Fanuly Residence and; Multi-Family Complex areas `and multi-use buildings
containing Multi-Family Complexes shall be limited to the
same hours as Single-Family Residence collection.
The Contractor shall provide dispatch service and equipment
capability to-collect full Drop-Box Containers no later than the
riext business day after the Customer's initial ca11. The
Contiactor shall maintain a sufficient Drop-Box Container
inventory to provide empty Containers to new and temporary
Customers within three (3) business days after the Customer's
initial call. Mileage fees sha11 be assessed only when Customer-directed
disposaUrecycling sites are more than ten (10) road miles by the
shortest route from a particular Custome'r's location, and then
. only on the additional mileage above twenty (20) miles round-
trip. The. Contractor shall obtain prior -permission from the
'Custoiner to use disposal/recycling sites which would result in
additional mileage charges.
2.2.11 ~ Service to tlie Boeing Company '
The Contractor shall adapt one or more of its collection vehicles to collect
the Boeing Company'. s specialized Defacha.ble Containers ("stackable
tubskids") used to contain Garbage at .Boeing Company facilities within the
City Service Area. The Contractor sha11 provide daily collecfion Monday through Friday on an
on-call basis at the request of the Boeing Company. The Contractor shall
service the specialized Deta.chable Containers and Drop-Boxes within 24
City of Aubura 41 February 2011
Solid Waste Collection Contract '
hours of the Boeing Company's request, and shall comply with Boeing
Company facility access requirements and gate receipt. iequirements,
_ including the noting of entry and exit times on Boeing Company-provided
, haul slips.
Collected Garbage sha11 be disposed through King County Disposal
System.
,
There shall be two adjustable weekday (Monday through Friday) collection
time windows mutually agreed upon by the Contractor and the Boeing
Company tentatively set at 9:00 a.m. to 1:00 p.m. and again from 5:00 p.m:
to 9:00 p.m. to empty. the specialized- Detacfiable Containers into the
Contractor's collection vehicle. On Saturday and Sunday; there sha11 be
one adjustable window, mutually agreed. upon by the Contractor and the
Boeing Gompany tentatively set at 12:00 noon to 3:00 p.m. to dump the
specialized Detachable Containers.
; The Boeing Company will ensiare that the specialized Detacha.ble Container .
_ staging areas provide . adequate space and tuming radius for the
Contractor's drivers to safely maneuver collection vehicles. The
Contractor sha11 make the necessary number of trips to ensure that the
specialized Detachable Containers located within each sta.ging azea are
collected during each specified time window
The :Boeing Company ~will be responsible for the purchase, maintenance
and repair, of company-owried specialized Detacfiable Containers. The
Contractor' will notify; the designated Boeing Company representative of
needed repairs noted during collections. 2.2.12 Temporary Container Customers
. The Contractor shall provide temporary 2-, 4-, and 6-cubic yard Detachable
Containers and 20=, 30-, and 40-cubic yard Drop=Boxes to Single-Family
Residence, Multi-Family Complex and Commercial Customers on an on-
call basis. Temporary service shall include all Customers requesting
Container service of less than ninety (90) days duration, including existirig
Customers on permanent service who temporary request an extra Container
for less than ninety (90) days. The charges` for temporary Detachable
Container service listed in Attachment B shall include delivery, collection
. and disposal. Disposal charges for temporary, DroP =Box Containers shall
be billed in addition to tlie delivery, rental and hauling charges listed in
Attachment B. Rental charges shall be itemized and charged separately, at
I
the rates listed in Attachment B.
I
City ofAuburn 42 February 2011.
Solid Wasfe Collection Contract
2.2.13 Muxucipal Services
The : Contractorshall provide weekly Garbage, Recyclables, and
, Compostables collection services to a11 City municipal facilities, without
charge. Those facilities include, but are not limited to the following:
~
s, : . ~ '
h~~~
. • City. Facilities: Aubum ' ort - 400 - 23`d Street NE
Aubum ' ort Haner 412 30th -Street NE
AuburnAvenue Theater 10 Auburn.Ave
, Aubum Cemete 2020 Mountain View Dr.
Aubum Ci Hall 25 W. Main Street
Aubum Gambini Buildin 2-1 S` Street SE
Aubum Golf Course 29630 Green River Rd-
Auburn Golf Course Maint " 29832 Green River Rd
Aubum GSAlVRFA Facili 2905 C Street SW
Aubum Justice Center 340 E. Main Street
Aubum Maintenance Facili - 1305 C Street SW
White River Valle Museum 918 H Street SE
Aubum Parks De artment 910 - 9th Street SE
Aubum Pazks Maintenance 1401 C Street SW
Aubum Senior Center ~ 808 - 9th Street SE
Aubum VRFA Facili 1101 D Street NE
Brannan Park 611 - 28t' Street NE
Cedar Lanes Park 25t' Street SE & K Street SE
Fulmer Park 5h Street NE & K Street NE
Game Farm Pazk 37 R Street SE
Game Fann Pazk Maint Sho 3226 V Street SE
Game Farm Pazk Caretaker 3224 V St SE
Game Farm Wilderness Park 2401 Stuck River Rd SE
Isaac Evans Park 29627 Green River Rd Les Gove Park 910 9th Street SE
Roe ner Park 601 Oravetz Rd SE
Scootie Brown,Park 8h Street NE & Henry Rd NE
J Veteran's Memorial Park 405 Park Ave NE
City of Auburn 43 February 2011
Solid Waste Collection Contract
Collection and disposal of the permanent Drop-Box Containers at the City
of Auburn Maintenance Facility are also included, without charge. If
service levels increases by rnore than 20% above the baseline volume
, established in the first year of this Contract, then Contra.ctor's rates sha11 be
adjusted to reflect the increased cost to, Contractor, in providing such
services.
At any time during the term of this Contract, the City may add.facilities in
addition to those listed above. Additional municipal facilities added during
the term of the Contract shall also be provided collection, including new
facilities developed within the City Service Area, as well as municipal
facilities in future annexation areas covered by this Contract. In the event
that the number of facilities increases by more than 10% above those listed
above, the Contractor's rates shall be adjusted to reflect the increased cost
to Contractor in providing such services.
On occasion, the City will pay the Contractor in accordance with charges
- listed in Attachment B for services that involve a third pariy, when sueh
third party accumulates Garbage as part of performing services for the City.
For example, disposal of roof replacement debris removed from a City
facility. However, all regular Garbage, Recyclables and Compostables
(with the exception of "Decazit" waste) generated on an ongoing basis
through City operatio.ns shall otherwise be collected by. the Contractor
without charge to the City._
2.2.14 Community Events
The Contractor shall provide Garbage and Recycling services for
community events at no charge to the City or users. Container, capacity
shall be coordinated with event staff to ensure that sufficient Container
capacity and collection frequency is provided by the Contractor. These
events shall include, but not be limited to:
• Clean Sweep
• Kid's Day
• Auburn Good `Ol Days
• Veteran's Parade
• 4`hof July Celebration
Sidewalk Sale
At any time during the term of this Contract, the City may add community
events in addition to those listed above, provided that if the City adds more
City of Auburn 44 February 2011
Solid Waste Collection Contract
tlian one event every_ two ,(2) . years, the Contractor may negotiate
comperisation for those additional events. In the event that the total
volume of xnaterials collected by Contractor from community events
increases by more than 20% above the baseline volume for such events
established in the first year of this.Coritra.ct, then Contractor's ra.tes sha11 be
adjusted to reflect the increased cost to Contractor in providing such
_ services.
2.3 Management 2.3.1 Responsibility of Participants
2.3.1:1 ' Contractor's Responsibilities -
Consistent with the responsibilities set forth otherwise in this
Contract, the Contractor, sha11 be responsible for:
• Gollecting Garbage in the City Service Area and delivering
- tlie Garbage to the King County Disposal System, unless
ottierwise directed by the City, and shall ensure that the
Contractor handles Garbage in accordance with the City's
` interlocal agreements governing solid waste management.
~ Collecting construction/demolition . waste in the City
Service Area and delivering the waste to fully permitted
" recycling, disposal or transfer sites in compliance with King
County's Comprehensive Solid Waste Management Plan.
• Collecting, processing and marketing Recyclables and
Compostables collected by the Contractor in the City
Service Area. '
• Providing Container assembly, maintenance, painting,
. stickeririg/labeling and re-stickering/labeling and delivery
` services listed or required in this Contract.
Performing cusfomer service support as detailed in Section
. 2.3:2. `
• Procuring all equipment and bearing all start-up, operating
maintenance,and' transition costs for collection and
proeessing or disposal of Garbage, Recyclables and
Composta.bles, including proper safety equipment and
insurance for vehicles'and workers.
o Providing and supervising a.ll labor to accomplish the scope of services required under this Contra.ct, including labor to
, Cify of Auburn 45 ; February 2011
Solid Waste Collection Contract
collect materials, maintain and distribute equipment and
related'customer service functions.'
• Operating a, maintenance facility to house and service
collection equipment and acquiring all . necessaryland use,
building,: operating, arid business permits and licenses, '
• Submitting all. informational materials for public release to the City for review and approval prior to release.
• Complying with all applicable laws.
• Meeting all non-discrimination and OSHA (Federal
Occupational Safety and Health Act of 1970)/WISHA -
(Washington Industrial Safety and Health Act of 1973)
standards, and all environmental standards and regulations.
• Providing a safe working environment and comprehensive
liability insurance coverage as set forth in Section 6.4, and
providing proof of this insurance to the City annually.
• Providing „a valid Contractor's performance and payment
bond in aecordance with Section 6.5; arid providing proof
. of this bond to the City annually.
• Securing the prior written approval of the City and Surety
before assigning or pledging money, or assigning,
subcontract'ing or delegating duties.
• Providing route maps to the City indicating the day of week
for each service.
• Submitting collection day changes to the City for review
, and approval prior to notice being provided to Customers
and the change taking place. '
• Submitting prompt notices to the media regarding
modifications to the collection schedule due to inclement
weather.
• Maintaining Containers, .vehicles and facilities in a clean,
properly labeled and sanitary condition.
• Meeting all City reporting, inspection and review
requirements.
City:of Auburn 46 February 2011
Solid Waste Collection Contract
• Fioviding outreachmaterials and programs, and assistance
with distribution and outreach as required in this Contract. ;
• Providing operating and safety training for a11. personnel,
. including spill response training for all drivers.
. ~ Notifying the City of intended, changes in management not
- less than sixty (60) days prior to the date of change. New
management shall also attend an introductory meeting
scheduled by,the City during the sixty (60) day notification
period. Exception sha11 be made for termination for cause
or voluntary termination, in which case the Contractor sha11 .
notify the City within twenty-four (24) hours of ' the
termination. 2.11.2 _ 'City's Responsibilities. Corisistent with the iesponsibilities. set forth otherwise in this
' Contract, the City shall beresponsible for:
Overall project administration and final approval of
Contractor services and 'activities.
" • Billing, receiving and posting Customer payments.
• Reviewing and -approving Contractor compensation
adjustments due to changes in County disposal fees or price
indices.
Directing and overseeing public education and outreach
with the cooperation and assistance of the Contractor.
~ Monitoring and evaluating collection operations with the.
cooperation and assistance of the Contractor.
Reviewing and approving all assignment, pledging,
-subcontractirig or- delegation of money or duties.
Reviewing and approving collection days and rate changes.
~"G Reviewing and approving holiday schedule changes.
- Reviewing and approving all written or other informational
. ~.materials used in the City by the Contractor.
, ,!P: Conducting performance reviews of tlie Contractor with the
Coritractor's coopera.tion and assistance.
City of Auburn 47 February 2011
Solid Waste Collection Contract
• Holding periodic operations meetings with the Contractor,
as necessary.
.
2.3.2 Customer Service and Billing
The Contractor shall provide eustomer service functions relating directly.to
service delivery including receiving and resolving Customer complaints,
responding to Customer inquiries regarding collection days and schedules,
dispatchirig Drop-box Containers to City=authorized Customers; and
referring billing questions to the:`City. These functions shall be provided at
tlle Contractor's sole cost, with. such costs included in the' Customer
charges (see Attachment B).
The City sha11 be the first point of contact for both Commercial and
Residential Customers seeking to establish initial accounts or to change
existing service levels. Residential and Commercial Customers which call
the Contractor to establish service sha11 be referred to the City to open their
account. Once an account has been authorized and established by tlie, City;
the City sha11 provide the Contractor with an e-mailed, faxed or written
authorization for the ' Contactor to start service for that Customer.
Customers seeking route information or reporting missed collections `sha11
not be referred to the City and shall be assisted by the Contractor customer
service personnel. The Contractor sha11 be responsible for iriitial and
continuing staff trairiing to ensure a11 customer service. personnel and
drivers understand the City's and Contractor's respective roles and can
provide accurate responses to Customer inquiries. 2.3.2.1 Office Location
The Contractor, shall:.maintain a principal or district office in
King County within twenty (20) miles of the City limits. The
' Contractor's office and customer service assistance shall be
accessible by a local area code and phone number or a toll free number for use during this contract as the Contractor's primary
customer service line. On the termination of this Contract for
, any reason, the Contractor shall relinquish its rights for use of
this phone number to the City or its assignee, effective ttie day
of termination, unless this phone number is also used by .Waste
Management customers from other muriicipalities:
The Contractor's ofFice hours -shall be open at a minimum from
8 a.m. to 5 p.m. daily, except Saturdays, Sundays and'
recognized holidays. Representatives` shall be available at the
Contractor's local office during office hours for communication
with the public and City representatives. Customer calls shall
be taken during office hours by a person, not by voice mail.
City of Auburn 48 February 2011
Solid Waste Collection Contract
The Contractor sha11 maintain an emergency telephone number
for use by City staff outside normal office hours. The
Contractor sha11 ha.ve a representative, or an answering service
° to contact such representative; available at said emergency
telephone number during all hours other than normal 'office -
hours.2.32.2 Customer Service Requirements
' 2.3.2.2:1 Customer Service Representative Staffirig
During office hours, the Contractor sha11 maintain
suff cient staff to answer and handle multiple
incoming telephone calls simultaneously. If
. incoming telephone calls necessitate, , the
, Contractor shall increase stafFing levels as
necessary to meet Customer service demands. If
staffing is deemed to be insufficient by the City to
- handle Customer calls, the Contractor shall
increase staffing levels to meet contract
performance criteria
The Contractor shall provide additional staffing
: during the transition and implementation period,
. and especially from six (6) weeks prior to the
commencement of new services, through the end
of the fourth month after the commencement of
new services, to ensure that sufficient staffing is
available to minimize Customer waits and
- inconvenience. The Coritractor shall receive no
additional compensation for increased staffing
, levels during the transition and implementation
' period. Staffing levels during the mobilization,
' transition arid implementation period sha11 be
subject to prior City review.
.2:3:2:2.2 Service Recipient Complaints and Requests
The Contractor shall record a11 complaints and
service requests, regardless of how received,
including date, time, Customer's name and
- address (if the Customer is willing to give this
information), method of transmittal, and nature,
date and manner of resolution of the complaint or
service request in a computerized daily log. Any . telephone calls received via the Contractor's non-
City.of Auburn 49 . February 2011
Solid Waste Collection Contract
, .
- office hours answering service shall be :recorded
.
' - ` in, tfie log the following business day. The
Contractor shall make a conscientious effort to
resolve a11 complaints within twenty-four.(24)
' - hours of the original ca11 or e=mail, and service
requests within the times established thioughout
this Contract for various service requests. . If a
longer response time is, necessary for.compla.ints
or reguests, the reason for the delay sha11 be noted
in the log,: along with a description of the
Contractor's efforts to resolve the complairit or ~
request.
The customer service log sha11 be available for
inspection by the City, or its designated
representa.tives, during the Contractor's ofFice
hours, and shall be in a format. approved .by the
, City. The Contractor sha11 provide a copy of this
, log in an electroriic ,format to the City with the
monthly report.
The Contractor shall provide sufficient. field
service/sales staff and route manager personnel to
- accurately set-up accounts and visit CuStomers at
their service location as needed - for example
during roll-out of service changes that impact
multiple accounts, or during esfablishment of new
Recycling or Compostables collection service
changes. The Contractor's field service/sales
staff shall be able to describe to Customers any
related service procedures and Container or
equipment needs, and be able to calculate any
related rate impacts that . would arise from
implementing service change options. The
Contractor's field service/sales staff shall also be
responsible for completion of outreach and tracking specified in . Section 2.3.5, including
related required annual reporting.
2.3.2.2.3 Handling of Customer Calls
All incoming telephone: ca11s shall be answered
promptly. Held ca11s shall be. answered, by a ~
customer service representative, with a(monthly) average speed of answer of forty (40) seconds or
less: For calls placed in queue, no greater than
City of Auburn 50. February 2011
Solid Waste Collection Contract
five (5) percent average sha11 abandon (ABA%)
" on a monthly basis. A summary of these discrete
performance measures will be provided as part of
- required monthly reporting. A Customer sha11 be
' able to talk directly with a customer service representafive when calling the Contractor's
Customer service telephone: number during office
hours. An automated voice mail service or phone
- answering system may be used when the office is
. . closed.
- 2.3.2.2.4 Corrective Measures
Upon the receipt of Customer complaints in
regards to busy signals or excessive delays in
answering the telephone, the City may request
` and the Contractor shall submit a plan to the City
. for correcting. the problem. Once the City has
, approved the plan, the Contractor shall have thirry
, (30)' days to implement the corrective measures,
, except during the fransition and implementation
. period, during which time the Contractor sha11
, have one (1) week . to implement corrective
measures. . Corrective measures shall be
implemented without additional compensation to
, the Contractor. Failure to proyide corrective
~ measures shall be subject to performance fees.
2:3.2.2.5 Internet Website The Contractor shall provide an Internet website
accessible twenty-four (24) hours a day, seven (7)
days a week, containing' information specific to ,
the City's collection ' programs,. including at a
minimum, , contact information, collection
schedules, material preparation requirements,
available services and options, inclement weather
service changes and other relevant service
information for its Customers: E-mailed
Customer missed, pick-ups shall be answered and
, . the seryice completed the.next business day after receipt. Website content and design shall be
submitted for City approval. The Contractor sha11
update the website montlily, and more often if. .
necessary, and provide links to the City's website.
The website shall include contact information
City of Auburn 51 February 2011.
Solid Waste Collection Contract .
translated into a minimum of four (4) languages
other than English, including Spanish, Korean,
Vietnamese and Russian. The Contractor's
website sha11 not include adware, spyware or third
Party tracking "cookies": 2.3.2.2.6 Full Knowledge of Programs Required
The Contractor's custorner service representatives
shall be able to accurately describe a11 collection
services available to City Customers, including.
the various services available to Single-Fa.mily
Residence, Multi-Family. Gomplex and
Commercial Customers: The Contractor's
customer service representatives shall have rea1-
time electronic access to customer service da.ta
and history to provide efficient and high-quality
. customer services.
2.3.3 Contractor's Billing Responsibilities
The Contractor shall be responsible for providing electronic customer
- billing data to the City in a format and on a schedule that is compatible
~ with the City's billing system and procedures. Contractor billing' data. will
include, at a minimum; weekly reports of "extras" collected for both
Residential and Commercial accounts and monthly reports of Drop-box
eontainer hauls, rental charges and disposal.fees.
The City shall provide the_ Contractor with an electronic or printed listing
_ of the, City's customers, service locations, containers and collection
frequency at least twice each year. The Contractor shall reconcile its
accounts with the City's accounts within sixty (60) days of receiving.the
` City listing and shall provide the City with a written list of discreparicies
between the two databases. -
Billing formats and procedures may change during the term of the Contract,` .
' arid the Contractor at its sole cost shall accommoda.te any such changes by
the City.
The Contractor shall be required to have procedures,.in place to minimize ~
tlie 'potential for the los's or damage of the account-servicing (customer
service, service levels and.billing history) database. The Contractor sliall
- ensure that a daily backup of the account servicing database is made and
~ stored off-site.
City of Auburn 52 February 2011
Solid Waste Collection Contract
23:4 Reporting .
o. . The Contractor sha111' provide monthly and annual reports to the City. In
addition; the Contractor sha11' a11ow City staff access to pertinent operations ~
infoima.tion such as disposal' facility certified weight slips and vehicle
maintenance logs. 23.4.1 Monthly Reports On a monthly basis, by the .15th day of the following month,
the Contractor shall provide a report conta.ining information for "
the previous month: Reports sha11 be submitted in electronic - ' format approved by the City and shall be certified to be
accurate by the Contractor. At a minimum, reports sha11
include:
(1) A log of complaints and resolutions for a11 collection
• services arid sectors. At a minimum, the complaint log
- - shall includeCustomer name and/or business name,
Customer's serviee address, contact telephone number,
date of complaint, a description of the complaint, a
description of how the complaint was resolved, the date
of recovery/resolutiori and any additional driver's notes
or comments.
(2) A compilation of program participation statistics
. ' including: a summary of multi-family and commercial
participation in recycling programs, set-out statistics for
Residential Garbage, Compostables and Recyclables
collection services, arid log of bulky items.
(3) A compilation of total monthly and year-to-date
summarie.s of, Garbage, Recyclables and Compostables
quantities by collection sector.
(4); A summary, of Recyclables quantities by collection
' sector and by commodity, including processing residues
disposed arid market prices.
(5) A summaryof disposal or tipping facility locations and
; associated quantities for Garbage, Recyclables and
Compostables as. well as any changes in processing
procedures, locations or tipping fees.
(6) A description of any vehicle accidents infractions, or
insurance claims.against Contractor; and '
City of Auburn 53 February 2011
Solid Waste Collection Contract
(7) A description of any changes _ to collection routes,
Containers, vehicles (including the identification of
back-up vehicles not meeting contract° standards with
the truck number, and date, of use), customer service or
other related activities affecting 'the provision_ of
services
If collection vehicles are used to service more than one
Customer sector or jurisdiction, the Contractor shall develop an
apportionirig _ methodology that allows the accurate calculation
and reporting. of collection quantities. The apportioning
. methodology_sha11 be subject to prior review and approval by
the City and shall ,be periodically verified througli field testing
,
, by the Contractor.
2.3.4.2 Annual Reports
On an annual basis, by the last working da.y of January, the
Contractor sha11 provide a report containing the following . • information:
(1) A consolidated summary and tabulation of the monthTy _
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 Compostables and Recyclables collection programs.
(3) A discussion of promotion and education efforts and
accomplishments. (4) An inventory of current collection, delivery, spaze and
' other.major equipment, including make, model; year, and
accumulated miles.
- (5) A list of Multi-Family and Commercial recycling sites
pursuant to Section 2.3.5.
2.3.43 Ad Hoc Reports
The City may request from the Contractor up to six (6) 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 participatian pattems or other
similaz inforrriation. Reports shall be provided in the City-
defined format and software compatibility. These reports shall
City of Auburn 54 February 2011
Solid Waste Collection Contract
not require the Contractor to expend more than one hundred
' (100) staffhours per year to complete.
' If requested by the City; the Contractor shall provide daily
route information for a1'1 service sectors and collection streams
for the purpose of evaluating potential collection system
changes during the term of the Contract. Information received
by the City arid in the Contractor's possession shall be subject
to exisfing laws'and regulations regarding disclosure, including
„ the Public Records Act, Chapter 42.56 RCW and shall also be
subject to the provisions of Section 6.8 below.
- 2.3.5 Promotion and Education
The Cify shall have primary responsibility for. developing, designing, and
< executing general waste reduction/recycling public education and outreach
programs, with the assistance and cooperation of the Contractor. The
' Contractor shall have primary responsibility for providing service-oriented
• information and outreach (i.e. annual recycling calendazs, inclement
~ -weather inforination) to Customers and implementing on-going recycling
promotion, at the direction of the City.
The Contractor shall keep the public informed of programs and encourage
participation through an Annual Service Update. Each fall, the Contractor
shall provide an Annual Service Update for each service sector, the format,
content and timeframe of which `shall be subject to prior review and
approval by the City. The Annual Service Update shall be mailed to all
Customers and, at a minimum, shall -include an informational brochure
indicating rates, all services available, preparation and other service
requirements, contact information, inclement .weather and other policies, a
collection schedule calendaz applicable to each recipient's routes and other
useful Customer information. The Contractor shall develop, print, periodically update and maintain
sufficient-quantities of new Customer information materials, the format and
content'of which shall be subject to pri or review and approval by the City.
The Contractor shall mail materials to new Commercial Customers and the
City shall mail materials to new Residential Customers. T'he materials
shall be mailed within one month of the Customer's account setup and
shall, at a minimum, include a statement of applicable rules and service
policies, rates, services and preparation requirements, collection, days,
Contractor customer service information and City contact information.
Contractor's materials shall be. TTY accessible and Contractor shall
provide alternative language formats upon request.
City of Auburn 55 Februa.ry 2011
Solid Waste Collection Contract
- The;Gontractor shall maintain a complete list of all Multi-Family Complex
and Commercial Customer sites witliin the City Service Area, and the
status of each site's participation in Contractor-provided services. Not less
than. four (4) times each year, the Contractor sha11 provide the City with a
complete listing in a City-approved electronic format of a11 Gommercial
Customers and Multi-Family. Complex Customers, including business .
name, conta.ct name, address, Garbage and recycling service volume . and
frequency and any other pertinent information that .may assist the City in
targeting additional City-initiated outreach.
The, Contractor shall . annually contact, by direct mail, telephone or site
visit, the manager or owner of each site to encourage participation and
inform the manager or owner of a11 available services. and ways,to decrease
Garbage generation. Printed informational materials discussing waste
prevention and recycling service options ,sha11 be prepared and distributed
by the , Contractor to support contact with. Mu1ti-Family Complex and
Commercial Customer sites: This contact shall be coordinated with City
and King County promotional efforts. The Contractoi shall include with its
~ annual reportthe list of`Multi-Family Complex and Commercial Customer
. sites; Garbage, recycling and Composta.bles status; Container sizes, service
frequency, and types; Customer contact dates and outcome of such
contacts; and suggestions for increasing participation or other program
improvements.
The. City and the Contraetor shall meet periodically to evaluate the
effectiveness of the above-stated education and outreach program. The -
City and the Contractor sha11 collaborate, as needed, to develop alternative
edueation and outreach materials, strategies, and initiatives if deemed necessary.
2.3,6 Field Monitoring The City may periodically monitor collection system parameters suc_h as.
participation, Container condition, Container weiglits, waste composition
' and Customer satisfaction. The Contractor shall assist the City : by
coordinating the Contractor's operations with the City's field monitoring to
minimize inconvenience to Customers, the City and the Contractor:
City of Auburn 56 February 2011.
Solid Waste Collection Contract
2.3.7 Transition to Next Contractor
The Contractor sha11 be expected to work with the City and any successive
contractor(s) in good faith to ensure a minimum of Customer disruption
during the transition period. Container removal and replacement shall be .
coordinated between the Contractor and a successive contra.ctor to occur
simultaneously in order to minimize Customer inconvenience.
Trie Contra:ctor shall provide a detailed updated Customer list, including
Customer name, service address, mailing address, and collection and
' Container rental service levels to the successive contractor within seven (7)
days request of the Gity.
The parties recognize that a failure to comply with this provision will
damage the City, but that deternunation of.such damage will be difficult
and burdensome; therefore, the parties agree that in the event of a breach of
this provision and Contractor's failure, to cure such breach as described in
Section 42, the Gontractor, or the Contractor's suTety, sha11 pay the City
one hundred thousand dollars. ($100,000.00) for.,the material breach of this
contract provision. Payment shall be made within twenty (20) business
days of the end of this contract.
3. COMPENSATION
3.1 Compensation to the Contractor
The Contractor':shall be paid monthly, by the twenty-fifth of the following
month based on verified and corrected billing data provided for the prior
month. These payments will comprise the entire compensation due to the
Contractor.
These charges provided in Atta.chment B for Garbage collection, as such
may be adjusted in accordance with tYus Contract, include the following
components:
a) The Contractor's Garbage collection fee for the particular service
level;
b) A disposal fee component for ,the particular service level based on
, the container weights specified in the Gontraetor's proposal and
listed in Attachment B. Actual cerfif ed load weight in tons
multiplied by . the King County tipping fee applicable to the
Conta:iner contents multiplied by a factor of 1.15 shall be used for
Drop-box Gazbage Container services;
City of Auburn 57 Februa ry 2011
Solid Waste Collection Contract
I
,
c) Recycling collection charges for each sector (e.g. Single Family
Residential, Multifamily Residential and Commercial Customers);
,
d) Container costs for Garbage and Recycling services, but: not
including Drop-boxes for which separate rental charges sha11 be
assessed.
Other services such as' Compostables collection and other ancillary,
services.shall be chazged at the ra.te shown in Attachment B.
The Contra.ctor shall not charge separately for Recyclables collection
services, other thanthose beyond the limits :set forth herein or beyond
scope of this contract.
The Contractor's disposal and recycling costs for the annual. bulky waste
collection event (Section 2.2.1:3) shall be invoiced directly to the City,
with supportirig weight slips and invoices which document the expenses.
The Gity shall pay these invoices, upon verificatiori; on the same schedule
~ as the Gontractor's regular monthly payment.
Should the City initiate any program that bans materials (other than Yard
Debris) or penalizes the customer for the composition of the waste stream;
the rates shall be adjusted to make the effect on revenue-neutral to the
Contractor.
The City is responsible for billing the Customer and assumes all collection
risk and other bad debt. Tlie City sha11 compen"sate the Contractor for tlie
services actually performed by Contractor under this Contract, regardless
whetlier the City obtains payment from the Customer.
3.2 Compensation Adjustments 3.2.1 Anriua.l Rate Adjustment
The Contractor's collection service charges, excluding waste disposal fees,
for each level of service shall increase or: decrease once every year by the
percenta.ge change in the Consumer Price Index CWURA423SA0 for the
Seattle-Tacoma-Bremerton Metropolitan Area for Urban Wage Earners and
Clerical Workers, all items (Revised Series) (CPI-W 1982-1984) prepared
by the United States Department of Labor, Bureau of Labor Statistics, or a
' -replacement index (the "GPI Index").
,
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.
City of Auburn 58 February 2011
Solid Waste Collection Contract
Rates sha11 be adjusfed annually, beginning January 1, 2013 (the;
"Adjustment Date"):` The Contractor 'shall. submit to the City for review
and approval a Rate Adjustment Statement, calculating the new rates for
. the next year, by calculating the percentag& change in the CPI Index for the
- most recent twelve (12) month period ending on August 31 st of that year: .
The Contractor's calculations shall be provided to the City no later than
. October 15'h prior to the Adjustment Date and the City shall ha.ve thirty
.
, (30) days to'confirm the Contra.ctor's rate modification calculations.
~
3.2.2, Disposal Fee Adjustments ; ' .
~ Disposal Fee adjustments shall be made to Contractor collection rates to
reflect increases or" decreases in King' County disposal fees for solid waste.
Iri the event of a change in disposal fees;:the disposal fee component of
rates charged to Customers shall `be adjusted, based on Container content
weights specified in Attachment B of this Contract.
Specific examples of rate modifications due to Consumer Price Index and
disposal fee changes are provided in Attachment C.
3.2.3 Changes in Recyclables or Compostables Processing Sites and Tipping
Fees
- The Contractor- assumes all risk for the processing and mazketing of
Recyclables and Compostables. If the'Contractor is required by the City to
use processirig sites or markets other than those being used at the initiation
of this Contract; the Contractor may submit a detailed proposal for a rate
adjustment to reflect any additional costs or savings to the Contractor. The
, City and Contractor agree to negotiate in good faitfi any changes to the
rates to offset tliese costs or savings.
If the County's Algona Transfer Station becomes unavailable for more than
one week and the Contractor is required to haul Garbage to an alternative
County disposal location in excess of ten (10) miles from the intersection
of Division Street and , Main Street . the Contractor shall be allowed
additional compensation of $2.00 per mile per truck trip above the ten (10)
mile limit, for any daytime trip which would have otherwise gone to the
Algona. Trarisfer Sta.tion. The amount of per mile compensation and the
' formula for liow the compensation is applied (other than the ten (10) mile
threshold) shalf. be applied in accordarice with the then-current WLJTC
tariff for the Contractor.'s South Sound WUTC tariff.
3.2.4 Other Modifications
The Contra¢tor shall not adjust or modify rates due to employee wage
increases; the value of Recyclables, Crarbage collection service level shifts,
City of Auburn 59 February,2011
Solid Waste Collection Contract '
or, other changes affecting the collection system. At the time of the City's
decision to extend this Contract t.hrougli invoking contract extension
options, the Contractor can present a request for relief for any adverse
market changes that ~have occurred during the previous period of the
Contract. The City is under no obligafion togive consideration for those
adverse changes as a.condition for invoking the contract extension option.
If new City, King County, Washington State or Federal taxes are imposed
or the ra.tes of'existing taxes are changed after the execution date of this
Contract,.and the impact of these changes results in increased or decreased
Contractor costs in excess of ten thousand dollars ($10,000) annually, the
. Contractor and City shall enter into good faith negotiations to determine
whether compensation adjustments are appropriate and if so, .to determine
the amount and the method of adjustment. _ Any adjustment in Contractor
. charges will coincide with the annual rate adjustment process described in
this Section 3.2.1 .
3.3 : : . Change in Law
Chan ges in Federal, ` State or local laws or regulations or a continuing Force Majeure
everit that results in a detrimental" change in circumstances or a material hardship for
the Contractor in performing this Contract may be the sutiject of a request by the
Contractor for a rate adjustment; subject to review and approval by the City. ; For
purposes of this:section "material hardship" means that the change must have or be
reasonably expected to have a financial impact to the Contractor (i.e. increased costs
ar decreased revenues) in an :amount equal to or greater than one percent of. the '
Contractor's gross annual revenues ayailable from this Contrac't.
If the City requires review of the Contractor's financial or other proprietary
information in conducting its rate review, at the request of the Confractor, the City
. ' shall retain a third-party to review such information at the Contractor's expense, and
, may take any other steps it deems appropriate to protect the :confidential nature ofthe
Contractor's documents and preserve the Contractor's ongoing ability to remain
'competitive.
4. ` FAILURE TO PERFORM; REMEDIES, TERMINATION The City expects high levels of Customer service and collecfiori service provision.
Performance failures shall be discouraged, #o the extent possible, through automatic and
' perfornian ce fees for certain infractions and through Contract default for more serious lapses
in service provision. Section 4.1 details infraetions subject to automatic or performance fees,
and Section 42 details default provisions and procedures. Cityof Auburn 60 February 2011
, Solid Waste Collection Contract
4:1 Performance Fees The Contractor may be subject to performance fees for the following acts or
, omissions if docusnented in an incident report:presented by the City to the Contractor.
. . The. City reserves the right to make periodic, unscheduled inspection visits or use
. other means, to deternune the Contractor's compliance' with the Gontract: Deductioris for misses will not be applied for collections prevented by weather or holiday
rescheduling or collections missed due to.labor _disruptions during the first week of
.
' . the,disruption. Performance fees are as follows:
n~ ~ ~
~s~C~ ~ ~N ORIONIISSI0~°.f~~~~~"~'
Gollection. before or -after the times specified Two Hundred Fifty Dollars ($250) per in .,Section 2:1.4, except ' as expressly truck route (each truck on each route_ is a
permitted by the City. separate incident).
. Repetition of complaints on a, route after Twenty-Five dollars ($25) per incident,
notification, including,, but not limited to, not to. exceed thirty (30) complaints per
failure to replace Containers in designated truck per day. ' locafions, spilling, not closing gates, not
replacing lids, use of profanity, creation of
excessive noise; collection of Commercial
Containers outside hours specified herein for
Residential areas, crossing or driving over
planted azeas, observed reckless driving, or
similar violations. Failure to collect spilled materials. Twice the cost of cleanup to the City or
King County, plus Five Hundred Dollars
_ ($500) per iricident.
Failure to maintain placards on service Two Hundred Fifty Dollars ($250) per
vehicles as required by Section 2.1.14 vehicle; per day.
Curable Leakage from Contr,actor vehicles or Two Hundred Fifty Dollars ($250) per
vehicle. contents, _ observed by. the City, its vehicle, per.day, plus clean up costs.
agents or photographed by Customers:.
Failure to collect missed materials within one One 'Hundred Dollars ($100) per incident
(1) business day after notification. =to a maximum of Five Hundred Dollars
($500) per truck per day on Single-Family
Residence routes and no maximum for
- • Multi-Family ° Complex and Commercial
. Customer routes.
City of Auburn 61 February 2011
Solid Waste Gollection Contract
. .
~ °y . .
, ~ t
~
~
Missed collection of entire block segment of ' One Hundred Eifty Dollars ($150) per
Single-Family Residences (excludin& ~ block segment -if collection is performed
collections prevented by inclement weathe'r). the following day; Five Hundred Dollars
($500) if not collected' by the following
. , day:
Collection as Garbage or disposal as Garbage One Hundred Dollars ($100) per incident,
of - Source-Separated . Recyclables or up to a maximuin of One Thousand
Compostables in clearly identified Containers, Dollars ($1,000) per truck, per day.
bags or boxes.
Collection of Garbage. containing-:. visible Twenty-Five Dollazs ($25) per incident.
- quantities of Yard Debris. , . . ,
Rejection of Garbage, Recyclables or Twenty-FiveDollars ($25) per incident. .
,
, Compostables without providing
~ documentation to the Customer of the reason
for rejection. .
Failure to deliver Detachable Containers to . Fifty Dollars ($50) per Container per day.
• new Commercial Customers withiri three (3),
business days.
Failure to deliver carts, Detachable Fifty Dollars ($50) per Container per day:
' Containers, or Drop-Box Containers within three. (3) business days of request to Multi-
. Family Complex or Commercial Customers. .
Failure to deliver Garbage, Recycling or Fifteen Dollars ($15) per Container per
Compostables Carts within seven (7) days of day. ,
request to Single-Family Residence .
Customers.
Substantial misrepresentation by Contractor Five Thousand Dollars ($5;000) per :
in records or reporting. incident. -
Failure to provide required reports on time. Two Hundred Fifty Dollars ($250) per
incident. ,
Failure to maintain . clean and sanitary Fifty Dollars ($50) per incident, up to'
Containers, vehicles, and facilities. maximum of One Thousand Dollars
($1,000) per inspection.
City of Auburn 62 February 2011
Solid Waste Collection Contract
~ ~ Cl g (~NN,[ffil -~M_
~.AL° ~&1','sa.:
Landfilling or incineration 'of Recyclables or One Thousand Dollazs .($1,000) _ per .
Compostables in violation of Section 2.1.11 vehicle; per incident. ' -
without the express wriften permission of the City:
Failure to meet recycling - processing One Thousand Dollars ($1,000) per
performance requirements of Section 2.1.11-. . month, for any occurrence during that
month. ~ ,
Failure to meet Average Speed of Answer and Two Hundred, Fifty Dollars ($250) per
Abandon% performance customer service incident.
requir.ements. These a.re based on monthly
averages and monthly occurrences.
• The parties acknowledge the difficulty in anticipating actual damages to remedy the
damage: The parties further agree that the performance fees listed in this Section
, represent a reasonable estimate of the loss likely to result from the remedy for the
damage.
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, except for those 'listed breaches set forth above, the City reserves the
right to exercise ariy and all remedies it may have with respect to these and other
violations and breaches:The performarice fees schedule set forth here shall not affect
the City's ability to terminate this Contract as described in Section 4.2. -
Performance fees; if assessed during a given month, shall be invoiced by the City to
the Contractor. Performance fees may be levied only if documented in an incident
report presented by the City to the Contractor. Performance fees shall only be
assessed after the Contractor has. been given the opportunity; but has failed to rectify
the deficiencies of which it has beeri notified. .:The Contractor sha11 pay the City the
invoiced amount within, thirty '(30) days of billing. Failure to pay performance fees
shall be corisidered a breach ofthis,Contract: Any performance fees imposed under this Section may be appealed by the Contractor
to the City. The Contractor sha11 be allowed to present evidence as to why the amount
of perforniance fees should be lessened or elimina.ted: The decision of the City shall
be final. . 4.2 Contract Default -
The Contractor sha11 be in default of this Contract if it violates:any provision of this
Contract. In addition, the City reserves the right to declare the Contra.ctor to be in
City of Auburn 63 Febivary 2011.
Solid Waste Collection Contract
default in the event of any violation, which shall include, but not be limited to, the
following:
(1) The Contractor fails to commence the collection of Garbage; Recyclables' or
Compostables, or fails to provide any portion of service undei. the. Contract on
October 1, 2011, or for a period of more thanfive (5) consecutive days at any
time during the term of this Contract.
(2) T'he Contractor fails to obtain and maintain any permit required by the City,
King County, or any federal, state or other, regulatory body in order to..collect
materials under this Contract.
(3) The Contractor's noncompliance creates a hazard to public health or safety.
(4) The Contractor repeatedly or -persistently acts or fails to act in a mariner that is
subject to performance fees in excess of` twenty-five thousand dollars
($25,000.00) during any consecutive twelve (12) month period. (5) The Contractor fails to maintain, _ in good standing, surety. and insurance
required by this Contract.
The City reserves the right to pursue any remedy available at law 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 interit' to exercise its rights, stating the reasons for such
action: However; if an emergency shall arise that does not a11ow ten (10) days prior'
written notice, the City shall, immediately notify the Contractor of its intent to
, exercise its riglits immediately. . 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 to not 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.
If the Contractor abandons or violates any portion 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, aftei the initial ten
(10) days notice; may 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 sliall '
be sent to the. Contractor and surety on its performance bond.
Upon receipt.of.such notice, the Contractor agrees that it,shall promptly discontinue
_
the services provided under this Contract. The surety 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. Pending consideration by the' surety of said option to
City of Auburn 64 February 2011
Solid Waste Collection Contract
assume the services. provided under this Contract, the City may employ such work
force and equipment as it may deem'advisable to continue the services provided under
this Contract. The cost of all labor, ec}uipment and materials necessary for such
services provided under this Gontract shall be paid by the Contractor in fu1L
In the event that the surety 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 its own work - force or by contract, and to procure other vehicles, ~
equipment and facilities necessary for the completion of the same, and to charge the ,
same to the Contractor and/or, surety, together with"all reasonable costs incidental C
thereto.
The City sha11 be entitled to recover from the Contfactor and its surety as damages a11
expenses incurred, including reasonable attorney's fees, together with a1T 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.
. If. City erriployees provide Garbage, Compostables and/or Recyclables collection, the
actual incremental costs of City labor, overhead and administration shall serve as the
- basis for a charge to the Confracfor. 4.3 Availability of Collection Vehicles
- All vehicles; facilities, equipment and property used by the Contractor shall be listed
in an inventory supplied to the City and updated annually ("Contractor's Inventory").
Unless an approved replacement or substitute is provided, all vehicles, facilities,
equipment and property identified in the Contractor's Inventory for use in the
performance of this Contract shall be available for the City's use in the case of default
in collecting Solid Waste, Recyclables and Composta.bles in the City for the duration
of this Contrac"t; when provided, this Section applies to any replacement or substitute.
Rent for the City's, use of Contractor's Inventory sha11 be negotiated between the
parties based upon the historical cost of the inventory less any accumulated
depreciation. Disputes sha11 be resolved in accordance with this Contract.
5. NOTICES , .
All notices required or contemplated by this Contract shall be personally served or mailed .
(postage prepaid and retum receipt requested), addressed to the parties as follows:
To City: Finance Director
Gity ofAuburn .
25 West Main Street . .
Auburn, WA 98001
;
City of Auburn 65 Febrqary 2011'
Solid Waste Cotlection Contract
with copy to:
City Clerk . .
City of Aubum
25 West Main Street
Auburn, WA 98001
To Contractor: ; Municipal Contracts Manager
Waste Management of Washington Inc.
, 801 2"d Avenue, Suite 614 Seattle, WA 98104
6. GENERAL TERMS .
6.1 Collection Right
The Contractor shall be the exclusive provider with which the City sha11 contract to
, collect Gazbage, Compostables and Recyclables ..and construction/demolition
materials.plaeed in. Contractor-owned Containers and set;out in the regular collection
locations within the City Service Area. The Contractor may independently enforce its
rights under this Contract against third-party violators, including but not limited to.
seeking injunctive relief. The City will use good faith efforts to cooperate in, such
enforcement actions, but shall not be required to join in any litigation, or to take any
code or franchise enforcement action.
This contract provision will not . apply to: Gazbage, Recyclables or Compostables
self..: hauled by the generator; Source-Separated Recyclables _hauled by common or
private carriers (including drop-off recycling sites) from Commercial premises that
. contain at least ninety percent (90%) recyclable materials; construction/demolition
waste hauled by self-haulers or construction contractors in the normal course of their
business; Garbage, Recyclables or Compostables handled -by retailers or. maintenance .
services whose primary business involves providing. services unrelat"ed to Curb.
collection services (e.g. carpet installers, furniture delivery/pick-up, site clean-up
services which include loading/sweeping, etc.); Compostables generated and hauled
by private landscaping services; or Compostables hauled by common or private
. . carriers from Commercial premises that contain at least ninety percent (90%)
' Compostable materials. The Contractor sha11 retain responsibility for Garbage, Recyclables,
construction/demolition materials and Compostables once these materials aze placed
in Contractor-owned Containers and the Contractor shall have no responsibility for
these materials prior to the time they are placed in Contractor-owned Containers., The
Contractor shall retain revenues it gains from the sale of Recyclables,
construction/demolition materials or Compostables. Likewise, a tipping or
acceptance fee charged for Recyclables, ' construction/demolition materials or
Compostables shall be the financial responsibility of the Contractor.
City,of Auburn 66 February 2011
Solid Waste Collection Contract
The City sha11 work with the Contractor, other haulers and processors, and other
regional governments to develop a reasonable definition of what constitutes legitimate
construction/ demolitiori recycling for the purposes 'of interpreting collection
authorities. Once a ieasoriable recycling threshold or "test" is developed with King
' County, the City and ' Contractor shall" negotiate and amend this Agreement
_ accordingly:
-62 Access to Records -
The Contractor sha11 maintain in its local office full and complete operations,
Customer; financial and service records that at any' reasonable time sha11 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' five (5) years thereafter;
maintain in an office. in Washington State 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 a11
~ 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 far audit and review purposes.
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.
6.3 Contractor to Make Exa.minations
The Contra.ctor has made its own examination, investigation and research regarding
. proper methods of providing the services required under this Contract, and all
conditions affecting the services to be provided under this Contract, and the labor,
equipment and materials needed thereon, and the quantity of the work to be
performed as set forth by the Contract. The Contractor agrees that it has satisfied
itself based on its own investigation and research regarding all of such conditions, that
its conclusion to enter into this Coritract is based upon such investigation and
' research, arid that it shall make no claim against the City because of any of the
estimates, statements or interpretations, made by any off cer or agent of the City that
may be erroneous.
With the exception of Force Majeure events or as otherwise provided in this Contract,
the Contractor assumes the risk of all conditions foreseen and unforeseen, and agrees to continue-to provide services,under this Contract without additional compensation
under whatever circumstances may develop other than as provided herein.
City of Auburn 67 February 2011
Solid Waste Collection Contract
6.4 Insurance -
The Contractor sha11 procure arid maintain, for the duration of the Contract, insurance
against cla.ims for injuries to persons or damage to property that may arisefrom or in
connection with the 'performance of the services provided under this Contract
hereunder by the Contractor, tlieir agents, representatives, employees: or,
subcontractors. The cost of such insurance sha11 be paid by the Contractor: Failure to
make insurance payments and to keep policies current shall be cause for contra.ct
default in accordance with Section 4.2.
No Limitation. Contractor's maintenance of insurance asrequired bY the eement
_ , . .
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.
6.4.1 Minimum Scope of Insurance _
Contractor sha11 obtain insurance that meets ar exceeds.the following of the
types described below: .
(1) Automobile Liabilitv insurance covering all owned, non-owned, hired
and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. The policy shall be endorsed to provide. contractual
liability coverage. The City shall be. named as an additional insured
under the Contractor's Automobile Liability insurance policy with
respect to the work performed for the City, using ISO additional
_ insured endorsement CG 20 48 02 99 or a substitute endorsement
providing equivalent coverage. '
(2) Commercial General Liabilitv insurance shall be written on ISO . occurrence form CG 00 01 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. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate per Project
Endorsement ISO form CG 25 03 11 .85. There shall be no
endorsement or modification of the Commercial General Liability
.
insurance for liability, arising from explosion, collapse or uridergiound
property damage. The City shall be riamed. as an addi"tional insured °
. under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City, using ISO additional .
insured endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
City of Auburn 68 February 2011
Solid Waste Collection Contract
(3) Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
(4) Contractor's Pollution Liabilitv insurance coverage ("occurrence"
form) covering any claim for bodily injury, personal injury, property
damage, cleanup costs and legal defense expense applying to all work
performed under the contract. '
6.4.2 Miriimum Amounts of Insurance
Contractor shall maintain the following insurance limits: (1) Automobile Liabilitv insurance with a minimum combined single
limit for bodily injury and property damage of $5,000,000 per
accident.
(2) Commercial General Liabilitv insurance shall be written with limits
_ no less than $5,000,000 each occurrence, $5,000,000 general
aggregate and a$2,000,000 products-completed operations aggregate
limit.
(3) Workers' Compensation coverage as required by the Industrial
Irisurance laws of the State of Wasriington.
(4) Contractor's Pollution Liabilitv insurance sha11 be written with limits
' no less than $3,000,000 combined single limit per occurrence for
bodily, injury, personal injury, property damage, cleanup costs and
legal defense expense.
6.4.3 Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and
approved by the City. In the event the deductibles or self-insured retentions
are not acceptable to the City, the City reserves the right to negotiate with
the Contractor for changes in coverage deductibles or self-insured
retentions; or alternatively, require the Contractor to provide evidence of
other security guaranteeing payment of losses and related investigations,
claim admiriistration and defense expenses.
6.4.4 Otlier 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 sha11 be the primary insurance
with'respect to the City, its-officials, employees and volunteers. Any
City of Auburn 69 February 2011
Solid Waste.Collection Contract
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..
(2) Coverage shall. state that the Contractor's insurance sha11 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) The Contractor's insurance sha11 be endorsed to state that coverage
shall not be cancelled by either party, except after thirry (30) days
. prior written notice by certif ed mail, retum , receipt requested, has `
been given to the City.
6:4.5 Accepta.bility of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of
not less than A: VIII.
6.4.6 Verification of Coverage
The Contractor shall furnish the City with original certificates including,
but not necessarily limited `to, the additional insured endorse"ment,
evidencing . the insurance . r'eguirements of the Contractor before
commencement of the work.
6.4.7 Subcontractors
The Contractor shall include all subcontractors as insured under its policies
or shall fumish separate certificates and endorsements for each
subcontractor in advance of work being performed by each subcontractor.
All coverages for subcoritractors shall be subject to all of the same
insurance requirements as stated herein for the Contractor.
6.4.8. ACORD Form
The policy shall be endorsed to provide the following revised language at
tlie bottom of the ACORD Form:
Replace: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company ' shall
endeavor to mail thirty (30) days written notice to the below nained
Certificate holder, but failure to mail such notice shall impose no _
obligation or liability of any kind upon the company."
With the following: "Should any of the above described policies
be canceled, lapse, or be reduced as to coverage before the
expiration date thereof, the issuing company shall mail thirty (30)
City of Auburn , 70 February 2011
Solid Waste Collection Contract
calendar days prior written notice to the below named Certificate
holder and Additional Insured, the City of Auburn, by certified
mail."
6.5 Performance Bond
The Contractor sha11 provide and maintain at a11 times a valid Contractor's
Performance and Payment Bond or bonds, letter of credit or other similaz instrument
acceptable to and approved in writing by the City in the amount of five hundred
thousand dollars ($500,000.00). The bond, letter of credit or other similaz instrument
shall be issued for a period of not less than one year, and the Contractor shall provide
a new bond, letter of credit or similaz instrument, and evidence satisfactory to the City
of its renewability, no less than sixty (60) calendar days prior to the expira.tion of the
bond, letter of credit or other similaz instrument then in efFect. The City shall have
the right to call the bond, letter of credit or other similaz instrument in full in the event
its renewal is not confirmed prior to five (5) calendar days before its expiration.'
Failure to make bond payments and to keep the,bond current shall be cause for .
contract default in accordance with Section 4.2.
6.6 Indemnification
6.6.1 Indemnify and Hold Harmless
The Contractor shall indemnify, hold hatmless and defend the City, its
elected officials, officers, employees, volunteers, agents and
representatives, from and against any and all claims, actions, suits, liability,
loss, costs, expenses, and damages of any nature whatsoever, including
costs and attorney's fees in defense thereof, or injuries, sickness or death to
persons, or damage to property, which is caused by or arises out of the
Contractor's exercise of duties, rights and privileges granted by the
Contract, provided, however, that the Contractor's obligation to indemnify,
defend and hold harmless for injuries, sickness, death or damage caused by
or resulting from concurrent willful or negligent acts or actions of the
Contractor and the City shall apply only to the extent of the Contractor's
negligence.
6.6.2 Notice to Contractor; Defense
In the event an action is brought against the City for which indemnity may
be sought against the Contractor, the City shall promptly notify the
Contractor in writing. The Contractor shall have the right to assume the
investigation and defense, including the employment of counsel and the
payment of a11 expenses. On demand of the City, the Contractor shall at its
own cost and expense defend, and provide qualified attorneys acceptable to
the City under service contracts acceptable to the City to defend, the City,
its officers, employees, agents and servants against any claim in any way
City of Auburn 71 February 2011
Solid Waste Cotlection Contract
connected with the events described in Section 6.6.1.. The City shall fully.
. cooperate with the Contractor in its defense of the City, including
consenting to all reasonable affirmative defenses and counterclaims
" asserted on behalf of the City. The City may employ separate counsel and
participate in the investigation and defense, but the Gity sha11 pay the fees
and costs of that counsel unless the Contractor fias agreed otherwise: . The
Contractor shall control the defense of claims (including` the assertion of
counterclauns) against which it is providing indemnity under tlus Section, .
and if the City employs separate counsel the City shall assert a11 defenses
and counterclaims reasonably'available to it. .
- 6.6.3 Industrial Insurance Immunity Waiver
With respect to the obligations to hold harmless,. indemnify and defend
provided for herein, as they relate to claims against the City, its elected
- , officials, officers, employees, volunteers, agents and representatives, the
:
Contractor; agrees to waive. the ' Contractor's immunity under industrial
insurance, Title 51 RCW, for any injury, sickness or, death suffered by the
Contractor's employees that is caused by or arises out of the Contractor's
negligent exercise of rights or privileges granted by the Contract. , This
waiver is mutually agreed to by the parties.
6.7 Payment of Claims
The Contractor agrees and covenants to pay promptly as they become due a11 just
claims far labor, supplies and materials purchased for or furnished to the Contractor
in the execution of this contract. The Contractor shall also provide for the prompt and
efficient handling of all complaints and claims arising out of the operations of the
Contractor under this contract.
6.$ Confidentiality of Information
Under Washington State law, the documents (including but not limited to written,
printed; graphic; electronic, photographic or voice mail materials andlor
transcriptions, recordings or reproductions tfiereof) prepared in performance of this
Contract (the "documents") and submitted to the City are public record subject to
mandatory disclosure upon request by any person, unlessthe documents;are exempted
from public disclosure by a specific provision of law.
If the: City receives a request for inspection or copying of any such documents, it sha11`
. promptly notify the Contractor at the notice address set forth in Section 5 hereinand
sha11 give the Contractor ten (10) working days from. the date of mailing of such
notice to. obtain an injunction prohibiting or conditioning the release of the
documents. The City assumes no contractual obligation to enforce any exemption.
, City.ofAubum 72 February 2011
Solid Waste Collection Contract
\
6.9 ' Assignment of Contract
6.9.1 Assignment or Pledge of Moneys by the Contractor
The Contractor shall not assign or pledge any, of the moneys due under this
. ' Contract' witliout securing the written approval of , the surety on the
performance bond and providing at leastw thirty (30) calendar days prior
notice to the City of such assignment or pledge togetlier `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: 6.9.2 ; Assigiiment, Subcontracting, Delegation, of Duties and Change in Control
The Contractor sha11 not assign or subcontract any of the work or delegate
' any of its duties under this Contract without the prior written approval of
. the City and submittal of proof of insurance coverage.
When requested, approval by the City of a subcontract or assignment sha11
_ not be unreasonably withheld. . In the event of an assignment,
subcontracting or delegation of duties, the Contractor shall remain
xesponsible 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 work assumed. The City
may condition approval upon the deliveryby the assignee, subcontractor or
other obligor of its covenant to the _City fo fully and faithfully complete the
work or resporisibility undertaken:
In addition, the assignee, subcontractor or obligor sha11 sign a separate
statement agreeing to abide by all terms and conditions of this Contract.
The City may terminate this Contract ifthe assignee, subcontractor or
" obligor does not comply with this ,clause. Furthermore, the assignee,
, subcontractor or obligor, shall be subject to a one (I) yeaz evaluation period
during which the. City may terminate this Contract on the basis of any
material breaches of the terms binding the Contractor.
For the purposes of this contract, any Change in 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 a11 obligations and liability.
Contractor may assign this Contract to:another subsidiary or affiliate of
Contractor ' upon the City's consent, whicfi sha11 riot be unreasonably
withheld, provided Contractor can demonstrate that its subsidiary or
City of Auburn 73 Februar y 2011
Solid.Waste Collection Contract
affiliate is a corporate entity based in Washington State with operations
based in Washington State.
6.10 Laws to Govern/Veriue
This Contract shall be goverried 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.
6.11 Compliance With Law
The Contractor, its officers, employees, agents and subcontractors shall comply with
applicable federal, state, county, regional or local laws, statutes, rules, regulations ar
ordinances; including those of agencies having jurisdictiori over the subject matter of
this Contract, in.performing its obligations under the Contract.,Such compliance shall
- include abiding by a11 applicable federal, sta.te and local policies to ensure equal
employment opportunity and non-discrimination. The Contracto "r sha11 comply with
all applicable laws, pertaining to employment practices, employee treatment and
_ public contracts.
Conditions of.tlle Federal Occupational Safety and Health Act of 1970 (OSHA), the
Washington Indusfrial. Safety and Health Act of 1973 (WISHA); 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
indemnify and hold hannless the City from all damages assessed for the Contractor's
failure_to comply with the Acts.and Standards issued therein. The Contractor is also
resporisible for meeting all pertinent local, state and fede"ral health and erivironmental
regulations and staridards 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, includiiig axie bridging and loading
- requirements. 6.12 Nori-Discrimination
,
The Contractor will not discriminate against any employee or applicant for
employment because of age, race, religion, creed, 'color, sex, marital status, sexual
`orientation, political `ideology, aricestry, national origin, or the preserice of any
sensory, mental or physicaT handicap, unless based upon a bona fide occupational
qualification. The Contractor will take affirmative action to ensure that applicants are
' employed, and tliat employees are treated during employment, without regazd to their
creed,: religion, race, color, sex, national origin, or the presence of any sensory, mental or physical handicap. Such action sliall include, bu't not be;limited ta the following:
employment upgrading; demotion or transfer; recruitmenti or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and, selection for :
City of Auburn 74 February 2011
Solid Waste Collection Contract
training, including apprenticeship. The Contra.ctor agrees to post in conspicuous
places, available to employees and applicants for employment, any required notices
setting forth the provisions of this non-discrimination clause.
The Contractor uriderstands and agrees that if it violates this non-discrimination
provision, this Contract may be terminated by the City and further that the Contractor shall be barred from performing any services for the City now or in the future, unless
_ a. showing is made satisfactorily to the City~-that discrimina.to,rypra.ctices have
:terminated_and that recurrence of such action. is urilikely.
6.13 Permits and Licenses ~
The Contractor arid subcontractors shall` secure a City business license if required and
, pay fees and taxes lev'ied by`the City. The 'Contractor shall have or obtain all permits
and licenses necessary to provide the seivices herein atits sole expense.
The Contractor shall be solely responsible for all - taxes; fees and chazges incurred
. subject to the threshold piovided for in Section 12.4, including, but not limited to,
license fees and all federal; state, regional, county and local taxes and fees, including
. income'taxes; property taxes, permit fees, operating fees, surchazges of any kind that
apply to any and all persons; facilities; property, iricome, equipment, materials,
supplies or activities related to the Contractor's activities under the Contract, business
and occupation taxes, workers' compensation and unemployment benefits.
6.14 Relationship of Parties ,
The City and the" Contractor expressly agree that tlie full extent of the relationship
between the Contractor and the City is that the Contractor is at all times an
independent contractor of the City with respect"fo this Contract. The implementation
. of services sha11 lie solely.with the Contractor. No agent, employee, servant or
representative of the Contiactor shall be .deemed to be an employee, agent, servant or
' representative of the City.
6.15 Contractor's Relationship with Customers
The Contractor sha11 not separately contract mit2i Customers for any services covered under this contract: The Contractor is specifically allowed to negotiate separate
agreements with Customers for compactor leasing, Commercial Recycling or
Compostables collection services, or other related services not included 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 City contract. These separate agreements must be in writing and -
shall in no way supersede this contract These separate agreements cannot have
durations any longer tlian the final date of triis coritract's term, since the City may, at ,
its sole option, regulate similar or identical services in the successor to this contract.
City of Aubarn 75 February 2011
Solid Waste.Collection Contract
6.16 Bankruptcy ,
It is~ agreed that if the Contractor is adjudged bankrupt; either voluntarily or
involuntarily, then this Gontract, af the' option of the Gity, may be terminated effective
on the day and at tlie time the bankruptcy petition is filed. ,
6.17 Right to Renegotiate/Amendment The City shall. retain the right-to renegotiate this Gontract or negotiate contract
amendments based on Gity policy changes, state sta.tutory changes or rule changes in
King County, Washington State or federal regulations regarding issues that ma.terially
modify the terms and conditions of the Contract. The City may also renegotiate tlus
Contract should any Washington Sta.te, King County or City rate or fee associated
with, the Contract be field illegal.or any increase thereof be rejected byvoters. In
~ addition, the Contractor "agrees to renegotiate in good faith with the City in the event
the City wishes to change disposallocations or add additiorial:services to the Contract
and to provide full disclosure of existing and proposed costs and operational impacts
. of any proposed changes. .
This Contract jmay, be amended, altered or modified only _by a written amendment,
alteratiori or modification; executed by authorized representatives of tYie City and the
Contractor.
6.18 Force Majeu're
Provided that the requirements of this Section are met, Contractor sha11 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 terrorism, acts
of God including landslides, liglitning, forest fires, storins, floods, freezing, and
earthqualces, civil disturbances, wars, blockades, public riots, explosions, .
unavailability of required materials or disposal restrictions; governmental restraint or
other causes, whether of the kind enumerated or otherwise, that are not reasonably
within the control of the Contractor ("Force Majeure"):. If as a result of a Force
Majeure event, Contractor is unable wholly or partially to meet its obligations under
this Contract, it shall promptly give the City written notice of the Force Majeure
' event, describing, it in reasonable detail. 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 event and only.for the period during wlucti
the Force 1Vlajeure event exists.
6.19 Illegal Provisions/Seyerability At the discretion of the City, if any provision of this Contract shall be declared illegal,
void; or unenforceable, the other provisions shall nof be affected; but sha11 remain in
full force and effect.
City of Auburn 76 February 2011
Solid Waste Collection Contract
6.20 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.
6.21 Entirety
This Contract and the attachments attached hereto and incorporated herein by this
reference, specifically Atta.chments A-C, represent the entire agreement of the City
and the Contractor with respect to the services to be provided under this Contract. No
prior written or oral sta.tement or proposal shall alter any term or provision of this
Contract.
WITNESS THE EXECUTION HEREOF on the day and yeaz first herein above written.
WASTE MANAGEMENT OF CITY
WASHINGTON, INC. ,
By: By:
Dean KattIA ce President Pe er B. Lewis, Mayor
13225 NE Place
Kirkland, 8034
A TTEST:
D' lle Daskam, City Clerk
APPROVED AS TO FORM:
~ Daniel B. Heid, City Attorney
Attachments:
A. Service Area Map
B. Contractor Rates
C. Rate Modification Examples
City of Auburn 77 February 2011
Solid Waste Collection Contract
Attachment A
= Solid Waste SeMce Area
~
167 ~
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t ~•yr ~
18 ~
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,
1 AuburnCity Lim3s
Aroeation Arco s
L'
•
~ Service Area
~
City of Auburn
Attachments January 2011
AtEachment B: Contrac#or Rates
City of Auburn
Compostables service Fem
Pounds (Mcrrthty) (Montlily) Total
Per Collection Disposal Service
Service Class Unit Fee Fee Fee
Resederaiiaf Servls"
eekl Service:
110 Gat. Microcan 9.38 $ 6.95 $ 1.93 $ 8.88
120 Gal. Cart 15.64 $ 6.84 $ $.22 $ 10.06
1 35 Gal.Cart 21.90 $ 7.85 $ 4.12 $ 11.97
164 Gal.Cart 40.04 $ 11.92 $ 8:24 $ 20.16
1 96 Gal.Cart 60.08 $ 14.49 $ 12.38 $ 26.85
"Extra" 32 Gal. Can/Ba each 20.02 $ 3.73 0.95 $ 4.68.
Com ostabtes Service:
Basic Qo ostabfes Service - 96 allon 45.00 $ 7.11 $ $ 7:11
64 alfon Com ostables Service $ 6.61 $ $ 6:61
35 allon Com oshables Service $ 6.11 $ $ 8.11
ExVa Com ostables Carg/Ba s each 24.00 $ 2.31 $ $ 2.31
Fxtra 96 Gallon Gom Cart Rerd + Coil. 45.00 $ 3.68 $ $ 3.88
Redelivery of Compostables Cart ifi cancel &
restart within severr months, per section
2.2.3.2 $ 17.00 $ $ 17.00
Miscellaneous Fees:
Car -out Surchar e all servioe levels $ 5.84 $ $ 5.84
Compostable Cart Cleaning/Deodorizing, per
sedion 2.2.3.2 $ 10.00 $ 10.00
Return Tri Fee $ 14.83 ffi $ 14.83
On-CaU Bul Waste Gflltecticn
A liances non-refri erant 100.00 $ 53.44 $ 4.77 $ 58.21
Refri eratorsJFreezers 175.00 $ 53.44 $ 8.34 $ 61.78
Sofa 100.00 $ 53.44 $ 4.77 $ 58.21
Chair 75.00 $ 35.61 $ 3.57 $ 39.18
Mattress or Box rin s 50.00 $ 26.11 $ 2.39 $ 28.50
Tires: Auto/Li htTruck 35.00 $ 17.81 $ 1.68 $ 19.47
Bus/Heav Truck 70.00 $ 17.81 $ 3.34 $ 21.15
Additional for Rims or Wheels 15.00 $ 13.04 $ 0.72 $ 13.76
Misceiianeous er cubic ard 500.00 $ 64.15 $ 23.82 $ 87.97
Tem ora Container 5ervice
Tem . 2 Yard Container 345.00 $ 32.47 $ 16.44 $ 48.91
. Dail Rcnt $ 1.28 $ $ 1.28
Delive Fee $ 36.82 $ $ 36.82
Tem . 4 Yard Container is$ $ 44.34 $ 32.88 S 77.22
Dail Rent S 1.28 $ $ '1.28
Delive Fee $ 36.82 $ S 36.82
Tem . 6 Yard Container $ 56.23 $ 49.31 $ 105.54
Dai Rent $ 1.28 $ $ 1.28
Delive Fee 36.82 $ $ 36.82
2
City of Auburn
Attachments January 2011
Aftachment B: Contractor Rates
CEty of Auaurn
aartwjo and Cosnpoaftbles seivice Feag
Pounds (Morrthly) (MoMhy) Total
Per Coliection Disposal 3ervice
Service Class Unit Fee Fee Fee
Co~l/Mtt~F~'~l11 Cam 8e f:BKs
Weekl Service:
1 10 Gal. Microcan 9.38 $ 6.78 $ 1.93 $ 8.71
1 20 Gal. Cart 15.64 $ 6.84 $ 3.22 $ 40.06
135 Gal:Cart 21.90 $ 7.85 $ 4.12 11.97
7 64 Gal.Cart 40.04 $ 11.12 $ 8.24 $ 19.36
1 98 Gal.Cart 60.06 $ 14.40 $ 1238 $ 26.76
"Extra" 32 Gal. CaNBa eacH 2Q02 $ 3.73 $ 0.95 4,68
Misceitaneous Services:
Return Tri$ 14.83 $ 14.83
Ca -Out Service er can $ 1.28 $ $ 1.26
Roll-Out Cornainer $ 14.15 $ $ 14.15
Co bleCart Cteanin Deodorain $ 10.00 $ $ 10.00
Pressure WaShirt r yard) $ 2.34 $ - $ 2.34
rGommerWeYMF tTW cteaf GoniaFn
1 Cu. Yd. Unmm acted
1 icku /week 111.59 $ 60.39 $ 22.97 $ 83.36
2 icku ek 223.18 $ 110.80 $ 45.94 $ 156.74
3 icku ek 334.77 $ 161.19 $ 68.91 $ 230.10
4 icku s/week 446.36 $ 211.60 $ 91.88 $ 303.48
5 icku ek 557.95 $ 262.02 114.84 $ 376.86
1.5 Cu. Yd. Uncom ded
1 icku Poweek 167.39 $ 76.07 $ 34.45 $ 110.52
2 icku ek 334.77 $ 128.17 $ 68.91 $ 197.08
3 icku s/w8ek 502.16 $ 185.90 $ 103.36 $ 289.26
4 icku slweek 669.54 $ 243.63 $ 137.81 $ 381.44 •
5 icku ek 836.93 $ 301.34 $ 172.27 $ 473.61
2 Cu. Yd. Uncom ded
1 icku /week 223.18 $ 80.52 $ 45.94 $ 126.46
2 icku s/week 446.38 $ 145.56 $ 91.88 $ 237.44
3 icku slweek 669.54 $ 210.62 $ 137.81 $ 348.43
4 icku ek 892.72 $ 275.67 $ 183.75 $ 459.42
5 icku sdweek 1,115.90 $ 340.70 229.69 $ 570.39
3 Cu. Yd. Uncom acted
'I icku ek 334.77 $ 107.13 $ 68.91 $ 176.04
2 icku s/week 6W.54 $ 195.57 $137.81 $ 333.38
3 icku ek 1004.31 $ 284.00 $ 206.72 $ 490.72
4 icku ek 1339.08 $ 372.45 $ 275.63 $ 648.08
5 icku s/week 1.673.85 $ 460.91 $ 344.53 $ 805.44
4 Cu. Yd. Uncom acted
1 icku /week 446.36 $ 128.62 $ 91.88 $ 220.50
2 icku sNveek 892.72 $ 235.35 $ 183.75 $ 419.10
3 icku ek 1339.08 $ 342.07 $ 275.63 $ 617.70
4 icku s&week 1,785.44 $ 448.82 $ 367.50 $ 816.32
5 icku srweek 21231.80 $ 555.53 459.38 $ 1,014.91
6 Cu. Yd. Uncom acted
1 icku /week 689.54 $ 174.83 $ 137.81 $ 31264
2 icku ek 1339.08 $ 321.04 $ 275.63 $ 596.67
3 icku slweek 2,008.62 $ 467.26 $ 413.44 $ 880.70
4 icku s/week 2,678.16 $ 613.45 $ 551.25 $ 1 164.70
5 icku s/week 3,347.70 $ 759.68 $ 689.06 $ 1,448.74
3
City of Auburn
Attachments January 2011
Attachment B: Contractor Rates
Cii.y of Auburn
sarbaie ana compastitbtas ser+►tca Fees
Pounds (Montltly) (nnarrthry) Total
Per CoUection Disposal Service
Service Glass Unit Fee Fee Fee
Com1»elcfBl~MF ieaFCori~'trer~
8 Cu. Yd. Uncom cted
1 icku lweek. 892.72 $ 209.87 $ 183.75 $ 393.62
2 icku k 1785.44 $ 387.53 $ 36/.50 $ 755.03
3 icku ek 2 678.1.6 $ 565.19 $ 551.25 $'I 118.44
4 icku k 3,570.88 $ 742.86 $ 735.00 $ 1 477.86
5 icku ek 4,463.60 $ 920.50 $ 918.75 $1,839.25
Cdtn acted GantaineFs
1 Cubic Yard Carrtainer 334.77 $ 100.60 $ 68.91 $ 169.51
2 icku k 669.54 $ 2Q1.55 $ 137.81 S 339.36
1.5 Cubic Yard Container 502.18 432.75 103:36 236.11
2 icku k 1004.31 $ 265.93 $ 206.72 $ 472.65
2 Cubic Yard Container 669.54 $ 150.85 $ 137:31 $ 288.66
2 icku lweek 1,339.08 $ 302.18 $ 275.63 $ 577.79
3 Cubic Yard Container 1,004.31 $ 209.20 $ 206.72 $ 415.92
2 idcu Jweek 21008.62 $ 419.04 $ 413.44 $ 832.48
4 Cubic Yard Container 1,339.08 $ 261.16 $ 275.63 N1,566.09
2 idcu k 21678.16 $ 523.06 $ 551:25 3 iclw k 401724 $ 815.47 $ 826.88 5 Cubic Yard Container 1 673.85 438.01 344.53 2 icku k 3,347.70 $ 877.03 $ 689.06 6 Gubic Yard Container 2 OD8.62 $ 500.19 $ 413.44 2 icku Nveek 4 017.24 $ 1 000.41 $ 826.88 .6cVa Uncom acted Cubic Yard/Picku 111.59 $ 2.21 $ 72.97 $ 25.18
Speciat Pfcku
1 Yd S ecial icku 111.59 $ 64.47 $ 5.30 $ 69.77
1.5 Yd S ial icku 167.39 64.47 7.95 72.52
2 Yd S ecial icku 223.18 $ 64.47 $ 10.60 $ 75.27
3 Yd ecial icku 334.77 $ 84.85 $ 15.90 $ 80.75
4 Yd S ecial icku 446.36 $ 65.02 $ 21.20 $ 86.22
6 Yd S ecial icku 669.54 $ 65.40 $ 31.80 $ 97.20
8 Yd S ecial icku 892.72 $ 65.75 $ 42.40 $ 108.15
e~'at P[cku -Com cted ContalnErs
1 Yd S ecial icku 334.77 $ 69.64 $ 15.90 $ 85.54
1.5 Yd S cial icku 502.16 $ 72.65 $ 23.85 $ 96.50
2 Yd S ecial icku 669.54 $ 75.66 $ 31.80 $ 107.46
3 Yd S ecial icku 1,004.31 $ 81.67 $ E47.70 $ 129.37
4 Yd S ecial icku 1 339.08 $ 87.68 S $ 151.29
6 Yd S aal icku 2 008.62 $ 121.62 $ $ 217.03
GommerciaUMultifami Com ostables
1 96- allon cart weekl collection 45.00 $ 8.90 $ $ 8.90
1 64- allon ca weekl collection $ 8.40 $ $ 8.40
1 35- allon cartweeld collection $ 7.80 $ $ 7.90
11-CubicYardContainer weekl 108.45 $ 64.12 $ $ 64.12
1 2-Cubic Yard Container, weekl 216.90 $ 83.89 $ $ 83.89
1 extra cubic ard 108.45 $ 20.74 $ $ 20.74
1 rd Com ostables extra serviae $ 20.91 $ $ 20.91
2 ard Com ostables extra service $ 41.82 $ - $ 41.82
4
City of Auburn
Attachments January 2011
'
' Affachment B: Contractor Rates
City -of' Aub.um-,
. d;00-M ~ :
ALj
Dairy Monthry
Container Container Charge
Service Class ReMal Rental per.Haul
Ocop-Aox Copeeffon *
~ ~t"at~c~rii
1 20 C.u. Yd. Container $ 41.44 5 89:09
1 30 Cu. Yd. Container $ 53.29 $ 89.09
1 40 Cu. Yd. Gorttainer $ `65.13 $ 89:09
tom. acte.d Servl"ce ~
1 8-ZS Cu. Yd. Coniainer $ 108.12
1 30 Gu. Yd. Coritainer $ 108.12
140 Cu. Yd. Gontainer $ 108.12
DOo . °ox , em oo .
1 20 Cu. Yd. Container $ 205 $ 62.15 $ 106.92
1 30 Cu. Yd. Container $ 2.64 $ 79.95 $ 106.92
' 1 40 Cu. Yd. Container $ 2.94 $ 88.83 $ 106.92
"Applicable disposal fees will be assessed atiS°/, morethan the gate cate
at the appropriate disposal site.
i"otal
ServiCe
Service Class Fee Per mile char e forhaulsover 15 miles $ 2.34
Return Trip - Dro-box $ 29.67
Sofid Dro -boac Lid Cha e er month $ 11.87
Pressure Washin er yard) $ 2.34
S'tand,B Time (per minute $ 2.34
Olf' RBt@5
Rear/Side Load Packer & Driver $ 109.30
FroM Load Packer& Driver $ 109.30
Dro Box Truck& Oriver $ 109.30
Additional Labor(per person) $ 59.38
, 5
City of Auburn
Attachments January 2011
- Attachment C
. itate:Modification Examples The collection. and disposal components of tlie Customer cliarges listed in Attachment B shall be
adjusted separately. The collection component: of Gustomer charges will be adjusted annually,
pursuant to Section 3.2.1; as described below. The disposal component of the Customer charges
listed in Attachment: B will be adjusted only if the City=receives.notification from the County of a,
pending disposal fee adjustment, and shall not become effective until the new disposal charges ;
become effective :and are actually charged to -the Contractor:` Formulas for both collection and
disposal rate adjustrnents are provided as follows:
Collection Component Adjustment
The collection component listed in Attachment B will be increased or decreased by the _
amount of the CPI change:'
NCC = PCC x 1+ nCPI - oCPl .;.oCPI •
Where NCC = The new collection charge component of the customer
rate for a particular service level; and
PCC = The previous collection charge component of the
Customer rate for a particular service level; and
nCPI = The most recent August CPI value; and ,
oCPI = The CPI value used for the previous rate adjustment or, in
the case of the first contxact adjustment, the CPI value
reported at the end of August 2011: _
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 = ODC x NTF
OTF
Step 2:
NDC=A+[(A-ODC)xCETR]
6
Cityof Auburn .
" Attachmerits January 2011
-
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 ra.te
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 ra.te;
0.015 used for this example):
For example, using the initial one 35-gallon ca.rtrate of $11.97 per month; if the
previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will increa"se
from $95 to $105 per ton starting on January 1, 2013, the old disposal component
is $4:12, and the State Excise Tax rate is 0.018, the January 1, 2013 Customer
. ' charge for one 35-gallon cart per week Residential Curbside service would be:
_ (144.3-143.2)
New Collection Componerit =.$7.85 x [1+ $7:93
(143.2)
New Disposal Component =[$4.12 x(105/95)] plus excise tax
adjustment of $0.02 = $4.59 '
Thus, the new Customer charge for one 35-gallon cart_per week Residential
Curbside service will be $7.93 plus $4.59, equaling $12.52.
,
.
7
City of Auburn
Attachments : Januay 2011
on
0 o®LEXON
O ®INSURANCE
on
DT: November 13, 2014
TO: Marc Davis
Waste Management of Washington, Inc.
1240 W. Main
Auburn, WA 98001
FR: Jackie C. Koestel
Bond Assistant— 502- 238 -1246
10002 Shelbyville Road, Suite 100
Louisville, KY 40223
CITY OF AUBURN
CjT{ CI FRKS OFFICE
FEB 25 2015
emorandum
Via Regular Mail
RE: Solid waste recycling and yard waste collection — Bond 1003620
Enclosed is the above referenced Continuation Certificate for the current renewal. Please keep a
copy for your file and forward the original to the Obligee /Beneficiary.
.w
If you have any questions or need further assistance, please contact Diana Seng, Director of
Treasury and Financial Assurance at (713)265 -1322 or DSeng @wm.com.
Enclosure
,r
� r
CONTINUATION CERTIFICATE
The Lexon Insurance Company, 10002 Shelbyville Road, Suite 100, Louisville, KY 40223, as Surety upon
Bond Number: 1003620
dated effective Thursday, January 01, 2004
on behalf of Waste Management of Washington, Inc., 1240 W. Main, Auburn, WA 98001
and in favor of City of Auburn, WA, 25 West Main St., Auburn, WA 98001
does hearby continue said bond in force for the further period
beginning on Thursday, January 0 1, 2015
and ending on Thursday, December 31, 2015
Amount of bond: FIVE HUNDRED THOUSAND AND 00 /100 Dollars ($500,000.00)
Description of bond: Solid waste recycling and yard waste collection
Provided: That this continuation certificate does not create a new obligation and is executed upon the express condition and
provision that the Surety's liability under said bond and this and all Continuation Certificates issued in condition therewith shall
not be cumulative and the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on
account of alt defaults committed during the period (regardless of the number of years) said bond had been and shall be in force.
shall not in any event exceed the amount of said bond as hereinbefore set forth.
Signed, sealed and dated on Thursday, November 13, 2014
Lexon Insurance Company
Surety )
1
By: l;
ackie C. Koestel, Attorney -in -Fact
POWER OF ATTORNEY Lx- 225836
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office
Louisville, Kentucky, does hereby constitute and appoint: Brook T. Smith Raymond M. Hundlev Jason D. Cromwell James H Martin, Barbi
nnie J. Wortham, Jessica Nowlin Rachel Pankh its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its
surety, any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON I
COMPANY on the 1" day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or of
son or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or of
ngs obligatory in nature of a bond not to exceed $ 4,000,000.00, Four Million dollars, which the Company might execute through its c
:led officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding ul
Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact,
ointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted
the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power anc
such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executec
sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid anc
ing on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
to be affixed this 21" day of September, 2009.
SEAL
ACKNOWLEDGEMENT
LEXON INSURANCE COMPANY
BY
Daviddpbell_
President
On this 21s' day of September, 2009, before me, personally came David E. Campbell to me known, who be duly sworn, did depose i
that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
:uted said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation.
AMY L. TAYLOR
Notary Public- Stale of Tennessee
Davidson County
�c my Commission Excites 01 -09 -16
CERTIFICATE
BY,
Am r. Taylor
Notary Public
the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY
I Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and
as set forth are now in force.
and Seal at Mount Juliet, Tennessee this Day of G�`�'1'rL,G�, 20 /L1
*SEALQ
'a er
BY L/
Andrew Smith
Assistant Secretary
Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of clai
any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits
insurance act, which is a crime and subjects such person to criminal and civil penalties."