HomeMy WebLinkAboutITEM VIII-B-3
A'CITYOF-.
AGENDA BILL APPROVAL FORM
-
WASHINGTON
Agenda Subject: Date:
Solid Waste Contract Extension February 28, 2011
Department: Attachments: Budget Impact:
Finance Resolution No. 4688
Administrative Recommendation:.
City Council adopt Resolution No. 4688.
Background Summary:
Resolution No. 4688 replaces the City of Auburn's existing solid waste agreement with Waste
Management for Comprehensive Garbage, Recyclables, and Compostables collection services. The
agreement is effective October 1, 2011 to December 31, 2017.
N0307-1
A3.14, 04.7.5
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O
❑ Airport ® Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ® Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
❑ Park Board ❑Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Peloza Staff: Coleman
Meeting Date: March 7, 2011 Item Number: VIII.B.2
AUBURN * MORE THAN YOU IMAGINED
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 currently provides solid
waste services under contract with the City of Auburn, which contract will expire
December 31, 2012; and
WHEREAS, the City 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 RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an agreement between 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
administrative procedures as may be necessary to carry out the directives of
this legislation.
Resolution No. 4688
February 28, 2011
Page 1 of 2
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated.and Signed this day of , 2011.
CITY.OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle-E`: Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. eid, City Attorney
Resolution No. 4688
Fe6ruary,28, 2011
Page 2 of 2
COMPREHENSIVE GARBAGE, RECYCLABLES AND
COMPOSTABLES COLLECTION AGREEMENT
City of Auburn
and
Waste Management of Washington, Inc.
October 1, 2011- December 31, 2017
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 COLLECTION SYSTEM REQUIREMENTS .......................................................................................6
2.1.1 City Service Area 6
2.1.2 Annexation 7
2.1.3 Unimproved Public Streets and Private Roads 8
2.1.4 Hours/Days of Operation 8
2.1.5 Employee Conduct 8
2.1.6 Disabled Persons Service 9
2.1.7 Holiday Schedules 9
2.1.8 Inclement Weather and Other Service Disruptions ................................................................................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, Notification 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 Maximum Filled 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 Planning Assistance ...............................................................................................................21
2.1.20 Safeguarding Public and Private Facilities .........................................................................................22
2.1.21 Company Name ................................................................................................................................................22
2.1.22 Transition and Implementation of Contract .........................................................................................22
2.1.23 Ongoing Coordination with City and Performance Review .........................................................24
2.1.24 Disposal Restrictions 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 Materials ............................................................................................................................................................................26
2.2.1.2 Collection Containers ...................................................................................................................................................................26
2.2.1.3 Specific Collection Requirements ...........................................................................................................................................27
2.2.2 Single-Family Residence Recyclables Collection ...................................................................................28
2.2.2.1 Subject Materials ............................................................................................................................................................................28
2.2.2.2 Containers .........................................................................................................................................................................................29
2.2.2.3 Specific Collection Requirements ...........................................................................................................................................30
City of Auburn i February 2011
Solid Waste Collection Contract
2.2.3 Compostables Collection ...................................................................................................................................31
2.2.3.1 Subject Materials ............................................................................................................................................................................31
2.2.3.2 Containers ...................................................................................................................................................................:.....................31
2.2.3.3 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 Complex and Commercial Customer Garbage Collection .....................................33
2.2.5.1 Subject Materials ............................................................................................................................................................................33
2.2.5.2 Containers .........................................................................................................................................................................................33
2.2.5.3 Specific Collection Requirements ...........................................................................................................................................34
2.2.6 Multi-Family Complex Recyclables Collection .......................................................................................35
2.2.6.1 Subject Materials ............................................................................................................................................................................35
2.2.6.2 Containers .........................................................................................................................................................................................35
2.2.6.3 Specific Collection Requirements ...........................................................................................................................................36
2.2.6.4 Multi-Family Recycling Outreach and Incentives .............................................................................................................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-Box Container Garbage Collection .............................................................................................40
2.2.10.1 Subject Materials ............................................................................................................................................................................40
2.2.10.2 Containers .........................................................................................................................................................................................41
2.2.10.3 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
2.2.14 Community Events ...........................................................................................................................................44
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
2.3.2.1 Office Location ...............................................................................................................................................................................48
2.3.2.2 Customer Service Requirements ..............................................................................................................................................49
2.3.3 Contractor's Billing Responsibilities ...........................................................................................................52
2.3.4 Reporting ..................................................................................................................................................................53
2.3.4.1 Monthly Reports .............................................................................................................................................................................53
2.3.4.2 Annual Reports ...............................................................................................................................................................................54
2.3.4.3 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 ADJUSTMENTS .....................................................................................................................58
3.2.1 Annual Rate Adjustment .....................................................................................................................................58
3.2.2 Disposal Fee Adjustments .................................................................................................................................59
City of 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. FAILURE TO PERFORM, REMEDIES, TERMINATION 60
4.1 PERFORMANCE FEES 61
4.2 CONTRACT DEFAULT 63
4.3 AVAILABILITY OF COLLECTION VEHICLES ................................................................................................65
5. NOTICES 6S
6. GENERAL TERMS 66
6.1 COLLECTION RIGHT ...........................................................................................................................................66
6.2 ACCESS TO RECORDS ........................................................................................................................................67
6.3 CONTRACTOR TO MAKE EXAMINATIONS ...................................................................................................67
6.4 INSURANCE 68
64.1 Minimum Scope of Insurance ...........................................................................................................................68
64.2 Minimum Amounts of Insurance .....................................................................................................................69
64.3 Deductibles and Self-Insured Retentions ....................................................................................................69
64.4. Other Insurance Provisions ..............................................................................................................................69
64.5 Acceptability oflnsurers ....................................................................................................................................70
64.6 Verification of Coverage ....................................................................................................................................70
64.7 Subcontractors .......................................................................................................................................................70
6.4.8 ACORD Form .........................................................................................................................................................70
6.5 PERFORMANCE BOND 71
6.6 INDEMNIFICATION ..............................................................................................................................................71
6.61 Indemnify and Hold Harmless .........................................................................................................................71
6 6 2 Notice to Contractor; Defense .........................................................................................................................71
663 Industrial Insurance Immunity Waiver ........................................................................................................72
6.7 PAYMENT OF CLAIMS ........................................................................................................................................72
6.8 CONFIDENTIALITY OF INFORMATION 72
6.9 ASSIGNMENT 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
6.10 LAWS TO GOVERN/VENUE ..............................................................................................................................74
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 .................................................................................75
6.16 BANKRUPTCY .......................................................................................................................................................76
6.17 RIGHT TO RENEGOTIATE/AMENDMENT .......................................................................................................76
6.18 FORCE MAJEURE .................................................................................................................................................76
6.19 ILLEGAL PROVISIONS/SEVERABILITY 76
6.20 WAIVER .................................................................................................................................................................77
6.21 ENTIRETY ..............................................................................................................................................................77
Attachment A: Service Area Map
Attachment B: Contractor Initial Rates
Attachment C: Rate Modification Example
City of Auburn February 2011
Solid Waste Collection Contract
This solid waste collection contract is entered into by and between the City of Auburn, a
municipal corporation of the State of Washington ("City"), and Waste Management of
Washington, Inc., a Washington corporation ("Contractor") to provide for collection of
Garbage, Compostables, and Recyclables from Single-Family Residences, Multi-Family
Complexes 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 December 31, 2012; and
WHEREAS, the City and Contractor have negotiated this new agreement with enhanced services
to replace and supersede the previous contract prior to the previous contract's termination; and
WHEREAS, the City desires to enter into this contract with the Contractor 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 time a Customer is on "hold"
before a customer service representative (CSR) has answered the call, resulting in the
ASA score.
ABA % (call abandon rate): The percentage of Customers who abandon the queue
(hang up) while waiting for a CSR to answer.
In Queue: Where the phone call waits on "hold" before a CSR has answered the call,
resulting in the ASA score.
On hold: The amount of time a Customer is on hold after the CSR has answered the call.
For example, a Customer may be put on hold while a CSR researches information or asks
a supervisor to assist with the call.
City of Auburn 1 February 2011
Solid Waste Collection Contract
Change in Control: Change in Control means any sale, merger, policy of assets, the issuance of
new shares, any change in the voting rights of existing shareholders, or other change in
ownership which transfers the 25% or more of the beneficial interest therein from one entity to
another. Provided, however, that 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" means non-residential Customers
including businesses, institutions, governmental agencies and all other users of commercial-type
Garbage collection services.
Compostables: The word "Compostables" means Yard Debris, Shredded Compostable Mixed
Paper, and Food Scraps separately or combined.
Compostables Cart: The term "Compostables Cart" means a Contractor-provided 35-, 64- or
96-gallon wheeled cart provided to Compostables collection Customers for the purpose of
containing 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, market 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 means all 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) cubic yard or greater than eight (8) cubic yards
in capacity.
Drop-Box Container: The term "Drop-Box Container" means an all-metal Container with
twenty (20) cubic yards 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.
Extra Unit: The term "Extra Unit" means excess material which does not fit in the Customer's
primary Container. In the case of Garbage Containers under one cubic yard in capacity and
Residential Compostables collection, an Extra Unit is 32-gallons, and may be contained in either
a plastic bag or Garbage Can. In the case 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 Cart, 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 provided 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 96-
gallon wheeled cart suitable for household deposit, storage and Curbside placement and
collection of Garbage. Garbage Carts shall 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 under Subtitle C of the Resource
Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as
City of Auburn 3 February 2011
Solid Waste Collection Contract
3
amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic
Substances Control Act, 15 U.S.C. § 2601 et sea.; or any other federal statute or
regulation governing the treatment, storage, handling or disposal of waste imposing
special handling or disposal requirements similar to those required by Subtitle C of
' RCRA.
B. Defined as dangerous or extremely hazardous by 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 70.105 RCW, or
any other Washington State statute or regulation governing the treatment, storage,
handling or disposal of wastes and imposing special handling requirements similar to
those 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.
Mixed 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.
Mixed-Use Building: The term "Mixed-Use Building" means a structure inhabited by both
Residential and Commercial Customers.
Multi-Family Complex: The term "Multi-Family Complex" means a multiple-unit Residence
with three or more attached or unattached dwellings, as designated by City billing policies.
Mobile home parks billed collectively for collection service are 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 cans.
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
Recycling 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 Container: The term "Recycling Container" means a Contractor-provided Container
suitable for on-site collection, storage and placement of Source-Separated Recyclables 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 non-ferrous 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 generator 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, state, 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 or 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-mesh bags may also be used to contain extra Yard Debris.
WUTC: Washington Utilities and Transportation Commission
City of Auburn 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
2011, by and between the City of Auburn, a municipal corporation (hereafter, "City"), and Waste
Management of Washington, Inc, a Washington corporation (hereafter, "Contractor").
1. TERM OF CONTRACT
The term of this Contract is six years 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
extension 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, notice 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 expiration of a previous extension.
In the event that additional areas are annexed into the City on or before the termination of this
Contract, those annexation areas shall continue to be serviced under the terms of this
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 shall 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 Hazardous Waste or Special Waste as those terms are defined herein. The
Contractor shall indemnify the City for any City damages caused 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.
2.1.1 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
2.1.2 Annexation
If, during the term of the Contract, additional 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 annexation, the Contractor shall make collection in such
annexed area in accordance with the provisions of this Contract at the unit
prices set forth in 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 date 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 which the Contractor will service any
future annexation areas shall be seven (7) years, notwithstanding the term
set forth in Section 1 of this Agreement.
If, during the life of the Contract, additional territory is added to the City
through annexation within which the Contractor does not have an existing
WUTC certificate or other franchise for Garbage or other collections, then,
upon written notice from the City, the Contractor agrees to make
collections in such annexed areas 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 WUTC
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 damages, 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 area 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 area 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 recycling 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 service 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 impractical due to distance or unsafe conditions, the
Contractor shall work with the City and Customer to negotiate the nearest
safe and mutually convenient pick up location.
If the Contractor believes that there is a probability of Private Road
damage, the Contractor shall inform the respective Customers. Contractor
may require a damage waiver agreement or decline to provide service on
those Private Roads. The City shall review and approve the damage waiver
form 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 Mixed-Use Building areas shall be made on Monday 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 collection is allowed to the
extent consistent with special bulky waste collections, make-up collections,
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 shall 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 Garbage, Recyclables 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 Auburn 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 presentable uniform
with an identifying badge with photo and company emblem visible to the
average 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 unsatisfactory conduct in writing and transmit the
documentation to the Contractor with a demand that such conduct be
corrected. The Contractor 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
Compostables at no additional charge to up to one hundred Single Family
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 regular
carry-out surcharge specified in Attachment B for the number of residences
in excess of the initial one hundred provided service under this provision.
2.1.7 Holiday Schedules
The Contractor shall observe the same holiday schedule as do King County
Transfer Stations (New Years Day, Thanksgiving Day, and Christmas
Day).
When the day of regular collection is a King County Transfer Station
holiday, the Contractor may reschedule the remainder of the week of
regular 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 2011
Solid Waste Collection Contract
i
77
d
2.1.8 Inclement Weather and Other Service Disruptions
I
When weather conditions are such that continued operation would result in
danger to the Contractor's staff, area residents or property, the Contractor
shall collect only in areas that do not pose a danger. The Contractor shall
notify the City of its collection plans and outcomes for each day that severe
inclement weather is experienced as soon as practical that same business
day.
i
j The Contractor shall collect Garbage, Recyclables and Compostables from
Customers with interrupted service on the first day that regular service to a
Customer resumes and shall collect reasonable accumulated volumes of
materials equal to what would have been collected on the missed collection
day(s) from Customers at no extra charge. Following notification to the
i
i City, the Contractor will be provided temporary authorization to perform
i
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 shall 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
using driver-staffed Drop-Box Containers or other suitable equipment, with
no extra charge assessed for such temporary service.
The inclement weather/disruption 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.
Weather policies shall be included 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 modification 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 shall use automated
dialing services to inform Customers at the route level about service
changes. Customers shall be provided the option of opting out of
automated calls.
City of Auburn 10 February 2011
Solid Waste Collection Contract
When closure of roadways providing access or other non-weather related
events beyond the Contractor's control prevent -timely collection on the
scheduled day, the Contractor shall make collections on the first day that
regular service to a Customer resumes, collect reasonable accumulated
volumes of materials equal to what would have been collected on the
missed collection day(s) from Customers at no extra charge. Following
notification to the City, the Contractor will be provided temporary
authorization to perform collection services after 6:00 p.m. following such
disruptions 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 acknowledge that, from 'time to time, some
Customers may cause disruptions or conflicts that make continued service
to that Customer unreasonable. Those disruptions or conflicts may include,
but not be limited to, repeated damage to Contractor-owned Containers,
repeated refusal 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.
The Contractor shall make. every reasonable effort to provide service to
those problem Customers. However, the Contractor may deny or
discontinue service to a problem Customer if reasonable efforts to
accommodate the Customer and to provide services fail. In this case, the
Contractor shall provide advance written notification to the City of its
intention to discontinue service'. The City may, at its discretion, intervene
in the dispute. In this event, the decision of the City shall be final. The
City may also require the denial or discontinuance of service to any
Customer who is abusing the service or is determined to be ineligible.
2.1.1.0 Missed Collections
If Garbage, Recyclables of Compostables Containers are set out
inappropriately, improperly prepared or contaminated with unacceptable
materials, the Contractor shall place in a prominent location a notification
tag that identifies the specific problem(s) and reason(s) for rejecting the
materials for collection. Failure to provide proper notification to
Customers of the reason for rejecting materials for collection shall be
considered a missed collection and/or subject to performance fees due to
lack of proper Customer notification.
The failure of the Contractor to collect Garbage, Recyclables or
Compostables that has been set out by 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 day by noon when notified by
4:00 p.m. Monday through Friday. The Contractor shall maintain an
electronic record (in a Microsoft Excel or equivalent electronic file) of all
missed collections (whether reported by telephone call or e-mail) and
Contractor shall routinely note and provide corrective action to those
Customers who experience repeated missed collections. Such records shall
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 shall be subject to performance fees. If the
Contractor is requested by the Customer to make a return trip due to no
fault of the Contractor, the Contractor shall be permitted to charge 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
The Contractor shall recycle or compost all loads of Source-Separated
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 are 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 shall 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 all applicable safety protocols and procedures in place at Contractor's
facilities. Monitoring may include, but not limited to, taking samples of
unprocessed Recyclables, breaking selected bales and measuring the out-
throws and prohibitives by weight, taking samples of processed glass and
metals, reviewing actual markets and use of processed materials, and other
activities to ensure the Contractor's performance under this Section and to
ensure that misdirected Recyclables and contamination are minimized.
Obvious contaminants included with either Source-Separated Recyclables
or Compostables shall not be collected, and shall be left in the Customer's
Container with a prominently displayed notification tag (per Section
2. 1.10) explaining the reason for rejection.
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, Recyclables and Compostables shall be collected
from each Single-Family Residence.
The Contractor may change the day of collection by giving notice at least
forty-five (45) days prior to the effective date of the proposed change and
must obtain advance written approval from the City. On the City's
approval, the Contractor shall provide affected Customers with at least
fourteen (14) days written notice of pending changes of collection day. The
Contractor shall obtain the prior written approval from the City of the
notice to be given to the Customer, and such approval shall not be
unreasonably withheld.
2.1.14 Equipment Age/Condition
The Contractor shall replace its existing fleet with new compressed natural
gas-fueled vehicles during 2011 and early 2012, and by March 31, 2012, all
collection and support vehicles shall meet model year 2010 or later model
year federal emissions standards. The Contractor shall make its fast fill
compressed natural 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 Auburn 13 February 2011
Solid Waste Collection Contract
Back-up vehicles used fewer than thirty (30) operating days per calendar
year shall not be subject to the model year and fuel-use standards that apply
to regularly-used vehicles, but shall be presentable, in safe working order
and shall be subject to all other conditions of this Section. The
accumulated annual use of individual back-up vehicles shall be reported in
the Contractor's monthly report.
All vehicles used in the performance of this Contract shall be maintained in
a clean and sanitary manner, and shall be thoroughly washed at least once
each week and shall be repainted as necessary.
All collection equipment shall have appropriate safety markings, including
all highway lighting, flashing and warning lights, clearance lights, and
warning flags, all in accordance with current statutes, rules and regulations.
Equipment shall be maintained in good condition at all times. All parts and
systems of the collection vehicles shall operate properly and be maintained
in a condition satisfactory to the City. The Contractor 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 immediately 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 than the 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 supervisory vehicles shall be
equipped with properly licensed two-way communication equipment. The
Contractor shall maintain a base station or have communication equipment
capable of reaching all collection areas.
The Contractor shall maintain all vehicles used in 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
Clean Air Agency Evergreen Fleets Program.
City of Auburn 14 February 2011
Solid Waste Collection Contract
2.1.15 Container 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 have a Container
available when required by a Customer shall subject the Contractor to
performance fees, as provided in Section 4.1.
Customers may elect to own or secure Containers from other sources, and
shall not be subject to discrimination 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 shall
provide labels and collection 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 as to whether a particular Container is compatible, the City shall
make a final determination.
2.1.15.1 Micro-Cans and Garbage Cans
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 Customer 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 Micro-Cans, and 20-, 35-,,64- and
96-gallon Garbage Carts for the respective level 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.
All Carts shall be manufactured from a minimum of 10 percent
(10%) post-consumer recycled plastic, with a lid that will
accommodate a Contractor affixed instructional label. Carts
City of Auburn 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 preparation
instructions and telephone and website contact information that
visually depicts 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 shall: be maintained 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 sufficient 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 Container to melt or burn).
Contractor personnel shall note any damaged hinges, holes,
poorly functioning wheels and other similar repair needs on
Contractor-owned carts (including those for Garbage,
Recycling and Compostables) and forward repair notices 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 than 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 Contractor 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 Contractor 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
the Customer 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
The Contractor shall furnish, deliver, and properly locate 1-,
1.5-, 2-, 3-, 4-, 6- and 8-cubic yard Detachable Containers, and
20-, 30-, or 40-cubic yard uncompacted Drop-Box Containers
to any Customer who requires their use for storage and
collection of Garbage within three (3) days of the request. The
Contractor 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 in City Public Right of Way is in violation of
this section, and shall immediately 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
handling; and, have no leaks, jagged edges or holes. Drop-Box
Containers shall be all-metal, and if requested by a Customer,
equipped with a tight-fitting screened or solid cover operated
by a 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 used for, 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
returned after repair or reconditioning, to any Customer. The
Contractor shall provide an on-call Container cleaning service
to Customers. The 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 shall 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
standards or in any way constitutes or contributes to a health or
safety hazard.
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 Containers 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 damages 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 the problem. In the event that the problem continues,
the Contractor 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, all
Contractor-supplied Garbage Carts, Recycling Carts and
Compostables Carts purchased or obtained by the Contractor in
performance of this contract, shall, at the option of the City,
revert to City ownership without further 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 shall be
purchased, delivered and maintained by the Contractor during
the term of this Contract. On the termination of this Contract
for any reason, the City may, at its option, purchase or assign
the right to purchase 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
transportation 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 Garbage
Carts shall be green. Detachable Containers used for Garbage
shall be green and all 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 the City does not require replacement of
existing inventories and the cost per unit does not increase to
the Contractor. Specific Container colors shall be approved by
the City prior to the Contractor's order of new Containers.
All Containers shall be labeled with up-to-date instructional
information 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
label on the Containers shall ' be subject to the City's prior
approval. Individual container labels shall 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 shall 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 Detachable Containers, however, the
Contractor shall 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 Auburn 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 shall 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
shall 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, Contractor
shall completely close any collection vehicle openings where materials may
blow out, and thoroughly inspect for and contain any collected materials
inadvertently 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 shall be cause
for performance fees, as described in Section 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, containment booms,
storm drain covers, sweepers and other similar materials sufficient to
contain, control and, for minor 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 program 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 shall be
City of Auburn 20 February 2011
Solid Waste Collection Contract
negotiated prior to City-wide implementation. The Contractor shall
coordinate with 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-wide
implementation at the City's request.
Contractor-initiated surveys are allowed of businesses and/or Residences to
gather information about generic service preferences or to access pilot
program options or outcomes, provided that all related data and analysis is
shared with the City.
2.1.18 Disruption Due to Construction
The City reserves the right to construct any improvement or to permit any
such construction in any street or alley in such manner as the City may
direct, which may have the effect for a time of preventing the Contractor
from traveling the accustomed route or routes for collection. However, the
Contractor shall, by the most expedient manner, continue to collect
Garbage, 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 shall, upon request and without additional cost, make
available site planning assistance to either the City and/or property owners
or their representatives. The site planning assistance shall be available for
all new construction or remodeling of buildings and structures within the
City Service Area, and shall address the design and planning of Garbage,
Recyclables and Compostables removal areas and their location upon the
site of the proposed construction or remodeling project. Contractor
planning assistance for optimizing 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 working days of the Contractor receiving a written request for
assistance.
City of Auburn 21 February 2011
Solid Waste Collection Contract
2.1.20 Safeguarding Public and Private Facilities
The Contractor shall be obligated to protect all public and private
improvements, facilities and utilities whether located on public or private
property, including street Curbs. If such improvements, facilities, utilities
or Curbs are damaged and such damage is primarily attributable to the
Contractor's operations, the Contractor shall notify the City immediately in
writing of all 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 shall cause repairs or replacement to be made, and the cost of
doing so shall 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 without prior written permission from the City.
2.1.22 Transition and Implementation of Contract
The Contractor 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 actively
participating in the programs. The Contractor shall, at its expense, provide
the following:
(1) Single Family Residential Customers.
a. By September 15, 2011, the Contractor 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 may
include:
i. Post cards with cart delivery date information.
ii. Outdialers to customers before carts are delivered.
iii. Press Releases and development of "earned media."
iv. Presentations to local rotary and chamber of commerce
groups.
V. Newsletter articles and other information as requested by
the City.
City of Auburn 22 February 2011
Solid Waste Collection Contract
(2) Commercial Customers.
a. By December 31, 2011, the Contractor shall 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 and cost savings associated with the program.
Compostables and hazardous waste disposal options shall 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:
L Audit service levels and provide information on potential
cost savings associated with increased recycling.
ii. Ensure that all Recycling Containers are labeled correctly.
iii. 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 the outcomes from these
site visits.
City of Auburn 23 February 2011
Solid Waste Collection Contract
(4) Other.
a. All existing Recycling Containers shall be re-labeled by March
31, 2012.
b. Additional staffing shall be provided for Contractor Customer
service lines to accommodate Customer questions during the
transition period.
C. By October 1, 2011, the Contractor will provide a detailed
analysis of current level of compliance with "Evergreen Fleets."
d. Provide for City review the initial draft Annual Service Updates
in accordance with Section 2.3.5 before October 1, 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 and approved by the City in
advance of production or distribution.
2.1.23 Ongoing Coordination with City and 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 this 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 shall 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. The Contractor's corrective
City of Auburn 24 February 2011
Solid Waste 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) days 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 all 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 internal performance
management 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 and/or Recyclables will be required to attend one (1) training
per year to allow City and/or Contractor representatives 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 shall 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 that 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 in accordance with the
City's Interlocal Agreement with King County. In the event the Contractor
elects to haul Garbage to a private processing facility, the Contractor shall
charge the Customer no more than the equivalent Garbage disposal fee at a
King County Disposal System transfer station and shall 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 any observed
violation of the City's ordinances providing for and regulating the
Containerization, collection, removal and disposal of Garbage, Recyclables
and Compostables.
2.2 Collection Services
2.2.1 Single-Family Residence Garbage Collection
2.2.1.1 Subject Materials
The Contractor shall collect all Garbage placed Curbside 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 shall 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 carry-out surcharge,
in accordance with Attachment B. If a Customer is either
eligible for, or subscribes to, carry-out service, carry-out
service shall 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
separately charged or itemized.
Micro-Cans and Garbage Carts shall be delivered by the
Contractor to Single-Family Residence Customers within seven
(7) days of the Customer's initial request.
City of Auburn 26 February 2011
Solid Waste Collection Contract
2.2.1.3 Specific Collection Requirements
The Contractor shall offer regular weekly collection of the
following service levels:
(1) One 10-gallon Micro-Can;
(2) One 20-gallon Garbage Cart;
(3) One 35-gallon Garbage Cart;
(4) One 64-gallon Garbage Cart; and
(5) One 96-gallon Garbage Cart.
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 normally 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 the Extra Unit rate, otherwise, the Container shall be left at
the Curb with Customer notification as to why it was not
collected. The Contractor shall maintain route lists in
sufficient detail to allow accurate recording and charging of all
Extra Unit fees. All Extra Units 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 inappropriately placed Containers and may discontinue
service in the event of persistent inappropriate Container
placement. The Contractor's crews shall 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 access 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 Auburn 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
shall exclude recyclable (other than scrap metal) materials,
reusable materials, and household garbage. For the annual
bulky waste collection event only, the Contractor shall 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 shall 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 corrugated cardboard boxes smaller
than two (2) by three (3) feet, and placed
in or next to the Customer's Recycling
Cart. Larger corrugated cardboard boxes
must be flattened by Customer prior to
collection.
Garbage Cans: The Contractor shall collect and recycle
unwanted Garbage Cans from Customer.
Customers shall label unwanted cans with
a "Take" label and the Contractor shall
collect those empty unwanted Garbage
Cans on its 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 Mixed Paper.
Motor 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
newspapers.
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 Metal: All ferrous and non-ferrous Scrap Metal
that is free of wood, plastic, rubber and
other contaminants; and meets the size
requirements defined for Scrap Metals.
Scrap Metal shall include small
appliances provided they meet the size
requirements.
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, maintaining adequate
inventories of, and distributing and maintaining Recycling
Carts. The default Recycling 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 Customer'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 Contractor shall
collect on Public Streets and Private Roads in the same location
as. Garbage collection service is provided. The Contractor's
crews shall make collections in an orderly and quiet manner,
and shall 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 a
larger Recycling Cart or use commercial recycling services for
the excess volumes. If the resident continues to set out
commercial quantities of Recyclables, the Contractor shall
notify the City for further action. In the event that large
quantities of Residentially-generated cardboard (e.g. moving
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 Customer 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 for 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 shall require educational follow-up by the
Contractor to encourage maximum quality and marketability.
Educational follow-up shall 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 Compostables Collection
2.2.3.1 Subject Materials
Compostables shall be collected weekly on a subscription basis
from all participating Single-Family Residences.
Contaminated or oversized Compostables materials rejected by
the Contractor at the Curb shall be tagged in a prominent
location with an appropriate problem notice explaining why the
material was rejected.
2.2.3.2 Containers
A 96-gallon Compostables Cart shall 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 Compostables 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
Compostables Cart shall be bundled or placed in Kraft bags or
Customer-owned Garbage Cans labeled for Yard Debris.
Customers choosing 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 shall 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 Auburn 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.
2.2.3.3 Specific Collection Requirements
Compostable materials shall 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
Compostables 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 year
from all Single-Family and Multi-Family Residences in the
City.
The Contractor shall 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 attached, 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 2.2.2.3 and Section 2.2.3.3 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 Scraps
included and/or mixed with Yard Debris ("Compostables") in
Compostables Carts for Single Family Residential Customers
who subscribe 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-call bulky waste collection shall 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
electronic 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 Multi-Family Complex and Commercial Customer Garbage Collection
2.2.5.1 Subject Materials
The Contractor shall collect all Garbage set out for disposal by
Multi-Family Complex and Commercial Customers in
acceptable Containers as designated in Section 2.2.5.2.
2.2.5.2 Containers
The Contractor shall provide Containers meeting the standards
described in Section 2.1.15. Multi-Family Complex and
Commercial Customers shall be offered a full range of
Containers and service options, including Garbage Carts, one
(1) through six (6) cubic yard compacted and one (1) through
eight (8) cubic-yard non-compacted Detachable Containers,
and compacted or non-compacted Drop-Box Containers. The
Contractor 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.
City 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 shall
develop and maintain route lists in sufficient detail to allow
accurate recording and charging of all Extra Units and
documentation 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 City Service Area may be appropriate for front-load
collection due to limited maneuverability or overhead
obstructions. The Contractor shall provide Containers and
collection services capable of servicing all Customer sites,
whether or not front-load collection is feasible at that
Customer's site.
Contractor-owned Containers shall be delivered by the
Contractor 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 shall be made available to
Multi-Family Complex and Commercial Customers 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 shall 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
materials loaded so as to lift the Garbage Can, Garbage 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 shall provide adequate Container capacity and
collect all 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 Garbage
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-area 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 shall 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.
2.2.6.3 Specific Collection Requirements
Multi-Family Complex Recyclables collection shall 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 day(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 shall 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
tenants, and communicate with the property manager about any
key issues. 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 shall provide a drop-off Recyclables depot at its facility
located in or near Auburn for Auburn Customers to use when collection is
otherwise unavailable (e.g. a property manager refuses to make Recyclables
collection available at a Multi-Family 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 all participating
Commercial Customers as part of basic Garbage collection services,
without extra charge up to 150 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 defined list of Recyclables, with the exception of used
motor oil or large amounts of Scrap Metal, shall 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 all Recyclables from Commercial
Customers that are prepared in a manner similar to that
described for Single Family Residential Recyclables in Section
2.2.2.1. In the event of contaminated materials, the driver shall
notify their dispatcher, and the dispatcher shall 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 Multi-Family Customer.
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Solid Waste Collection Contract
The Contractor shall notify the City immediately when any
Commercial or Multi-Family Customer requests reduction or
elimination of any Recyclables 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 remind
such Customers that City resources are available to help
resolve Recycling service issues.
2.2.8.2 Containers
Contractor-supplied Recycling Containers shall be used for
collecting Commercial Recyclables. Recycling Carts and
Recycling Detachable Containers shall be distinguished from
Compostables or Garbage Container 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 Containers for Recyclables collection
provided that they are distinguished from Containers used for
Garbage collection and are equipped with prominent
identifying labels.
Contractor-owned Containers shall be delivered by the
Contractor to requesting Customers within three (3) days of the
Customer's initial request.
2.2.8.3 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
day and as close to a consistent time as possible to minimize
Customer confusion. The Contractor shall collect in alleys
where practical, and on streets where no alleys are present.
Containers shall be replaced in the same location after
emptying.
Commercial Recyclables collection Containers and service may
be ordered by the Commercial Customer, the City, or the City's
contracted technical assistance consultant, provided that the
Contractor shall not be required to provide Commercial
Recyclables collection to an unwilling party.
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Solid Waste Collection Contract
When providing Commercial Recycling to a particular
Customer, the Contractor shall not be required to provide
Recycling Container capacity greater than 150 percent of that
Customer'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
Container. Any additional Recycling collection service 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 Complex and Commercial Customer Compostables
Collection
2.2.9.1 Subject Materials
The Contractor shall provide Compostables collection services
to Multifamily Complexes and Commercial Customers on a
subscription 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 shall offer 35-, 64- and 96-gallon Compostable
Cart service levels as well as one and two cubic yard
Detachable Container service levels for Compostables
collection.
The Contractor shall be responsible for ordering, assembling,
affixing instructional information onto, maintaining inventories
of, and distributing and maintaining Compostables Carts and
Detachable Containers.
Extra Yard Debris material that does not fit in a Compostables
Cart or Detachable Container shall be bundled or placed in
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Solid Waste Collection Contract
Kraft bags or Customer-owned 32-gallon (maximum)
Containers labeled `yard'.
Compostables Carts and Detachable Containers shall 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 Multi-Family Complex
and Commercial Customers at least weekly. Collections shall
be made on a regular schedule on the same day(s) and as close
to a consistent time as possible.
The Contractor shall collect Containers at defined Multi-
Family Complex or Commercial Customer Container spaces.
The Contractor's crews shall make collections in an orderly and
quiet manner, and shall return Containers with their lids closed
and attached to their set out location.
Commercial and Multi-Family Customers 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 basic
collection service.
Commercial and Multi-Family Customers 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 Commercial
Customers, in accordance with the service level selected by the
Customer.
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Solid Waste Collection Contract
2.2.10.2 Containers
The Contractor shall provide Containers meeting the standards
described in Section 2.1.15. Both Customer-owned and
Contractor-owned Drop-Box Containers shall be serviced,
including 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.
2.2.10.3 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-Family 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
next business day after the Customer's initial call. The
Contractor 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 shall be assessed only when Customer-directed
disposal/recycling sites are more than ten (10) road miles by the
shortest route from a particular Customer's location, and then
only on the additional mileage above twenty (20) miles round-
trip. The Contractor shall obtain prior permission from the
Customer to use disposal/recycling sites which would result in
additional mileage charges.
2.2.11 Service to the Boeing Company
The Contractor shall adapt one or more of its collection vehicles to collect
the Boeing Company's specialized Detachable Containers ("stackable
tubskids") used to contain Garbage at Boeing Company facilities within the
City Service Area.
The Contractor shall provide daily collection Monday through Friday on an
on-call basis at the request of the Boeing Company. The Contractor shall
service the specialized Detachable Containers and Drop-Boxes within 24
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Solid Waste Collection Contract
hours of the Boeing Company's request, and shall comply with Boeing
Company facility access requirements and gate receipt requirements,
including the noting of entry and exit times on Boeing Company-provided
haul slips.
Collected Garbage shall 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 Detachable Containers into the
Contractor's collection vehicle. On Saturday and Sunday, there shall be
one adjustable window, mutually agreed upon by the Contractor and the
Boeing Company tentatively set at 12:00 noon to 3:00 p.m. to dump the
specialized Detachable Containers.
The Boeing Company will ensure that the specialized Detachable Container
staging areas provide adequate space and turning radius for the
Contractor's drivers to safely maneuver collection vehicles. The
Contractor shall make the necessary number of trips to ensure that the
specialized Detachable Containers located within each staging area are
collected during each specified time window
The Boeing Company will be responsible for the purchase, maintenance
and repair of company-owned specialized Detachable 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 existing
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 the delivery, rental and hauling charges listed in
Attachment B. Rental charges shall be itemized and charged separately, at
the rates listed in Attachment B.
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Solid Waste Collection Contract
2.2.13 Municipal Services
The Contractor shall provide weekly Garbage, Recyclables, and
Compostables collection services to all City municipal facilities, without
charge. Those facilities include, but are not limited to the following:
FACILITY ADDRESS
City Facilities:
Auburn Airport 400-23 d Street NE
Auburn Airport Hanger 4123 01h Street NE
Auburn Avenue Theater 10 Auburn Ave
Auburn Cemetery 2020 Mountain View Dr.
Auburn City Hall 25 W. Main Street
Auburn Gambini Building 2 -1St Street SE
Auburn Golf Course 29630 Green River Rd
Auburn Golf Course Maint 29832 Green River Rd
Aubum' GSANRFA Facility 2905 C Street SW
Auburn Justice Center 340 E. Main Street
Auburn Maintenance Facility 1305 C Street SW
White River Valley Museum 918 H Street SE
Auburn Parks Department 910 - 9th Street SE
Auburn Parks Maintenance 1401 C Street SW
Auburn Senior Center 808 - 9th Street SE
Auburn VRFA Facility 1101 D Street NE
Brannan Park 611-28 th Street NE
Cedar Lanes Park 25th Street SE & K Street SE
Fulmer Park 5th Street NE & K Street NE
Game Farm Park 37 R Street SE
Game Farm Park Maint Shop 3226 V Street SE
Game Farm Park 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
Roegner Park 601 Oravetz Rd SE
Scootie Brown Park 8th Street NE & Henry Rd NE
Veteran's Memorial Park 405 Park Ave NE
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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 more than 20% above the baseline volume
established in the first year of this Contract, then Contractor's rates shall 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 party, when such
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 "Decant" waste) generated on an ongoing basis
through City operations 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`h of 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
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Solid Waste Collection Contract
than one event every two (2) years, the Contractor may negotiate
compensation for those additional events. In the event that the total
volume of materials 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 Contract, then Contractor's rates shall 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 shall be responsible for:
• Collecting Garbage in the City Service Area and delivering
the Garbage to the King County Disposal System, unless
otherwise 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,
stickering/labeling and re-stickering/labeling and delivery
services listed or required in this Contract.
• Performing customer 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
processing or disposal of Garbage, Recyclables and
Compostables, including proper safety equipment and
insurance for vehicles and workers.
• Providing and supervising all labor to accomplish the scope
of services required under this Contract, including labor to
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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 necessary land use,
building, operating, and 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 accordance with Section 6.5, and 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,
subcontracting 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.
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Solid Waste Collection Contract
• Providing outreach materials and programs, and assistance
with distribution and outreach as required in this Contract.
• Providing operating and safety training for all 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 shall be made for termination for cause
or voluntary termination, in which case the Contractor shall
notify the City within twenty-four (24) hours of the
termination.
2.3.1.2 City's Responsibilities
Consistent with the responsibilities set forth otherwise in this
Contract, the City shall be responsible 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,
subcontracting or delegation of money or duties.
• Reviewing and approving collection days and rate changes.
• Reviewing and approving holiday schedule changes.
• Reviewing and approving all written or other informational
materials used in the City by the Contractor.
• Conducting performance reviews of the Contractor with the
Contractor's cooperation and assistance.
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Solid Waste Collection Contract
I
• Holding periodic operations meetings with the Contractor,
as necessary.
2. 2
,II
3. Customer Service and Billing
The Contractor shall provide customer service functions relating directly to
service delivery including receiving and resolving Customer complaints,
responding to Customer inquiries regarding collection days and schedules,
dispatching Drop-box Containers to City-authorized Customers, and
referring billing questions to the City. These functions shall be provided at
the Contractor's sole cost, with such costs included in the Customer
charges (see Attachment B).
The City shall 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 shall be referred to the City to open their
account. Once an account has been authorized and established by the City,
the City shall 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 shall
not be referred to the City and shall be assisted by the Contractor customer
service personnel. The Contractor shall be responsible for initial and
continuing staff training to ensure all 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 the day
of termination, unless this phone number is also used by Waste
Management customers from other municipalities.
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.
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Solid Waste Collection Contract
The Contractor shall maintain an emergency telephone number
for use by City staff outside normal office hours. The
Contractor shall have a representative, or an answering service
to contact such representative, available at said emergency
telephone number during all hours other than normal office
hours.
2.3.2.2 Customer Service Requirements
2.3.2.2.1 Customer Service Representative Staffing
During office hours, the Contractor shall maintain
sufficient 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 Contractor shall receive no'
additional compensation for increased staffing
levels during the transition and implementation
period. Staffing levels during the mobilization,
transition and implementation period shall be
subject to prior City review.
2.3.2.2.2 Service Recipient Complaints and Requests
The Contractor shall record all 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-
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Solid Waste Collection Contract
office hours answering service shall be recorded
in the log the following business day. The
Contractor shall make a conscientious effort to
resolve all complaints within twenty-four (24)
hours of the original call or e-mail, and service
requests within the times established throughout
this Contract for various service requests. If a
longer response time is necessary for complaints
or requests,, the reason for the delay shall be noted
in the log, along with a description of the
Contractor's efforts to resolve the complaint or
request.
The customer service log shall be available for
inspection by the City, or its designated
representatives, during the Contractor's office
hours, and shall be in a format approved by the
City. The Contractor shall provide a copy of this
log in an electronic format 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 establishment 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 calls shall be answered
promptly. Held calls 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
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Solid Waste Collection Contract
five (5) percent average shall abandon (ABA%)
on a monthly basis. A summary of these discrete
performance measures will be provided as part of
required monthly reporting. A Customer shall be
able to talk directly with a customer service
representative 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 thirty
(30) days to implement the corrective measures,
except during the transition and implementation
period, during which time the Contractor shall
have one (1) week to implement corrective
measures. Corrective measures shall be
implemented without additional compensation to
the Contractor. Failure to provide 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 service completed the next business day after
receipt. Website content and design shall be
submitted for City approval. The Contractor shall
update the website monthly, and more often if
necessary, and provide links to the City's website.
The website shall include contact information
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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 shall not include adware, spyware or third
party tracking "cookies".
2.3.2.2.6 Full Knowledge of Programs Required
The Contractor's customer service representatives
shall be able to accurately describe all collection
services available to City Customers, including
the various services available to Single-Family
Residence, Multi-Family Complex and
Commercial Customers. The Contractor's
customer service representatives shall have real-
time electronic access to customer service data
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
container 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 discrepancies
between the two databases.
Billing formats and procedures may change during the term of the Contract,
and the Contractor at its sole cost shall accommodate any such changes by
the City.
The Contractor shall be required to have procedures in place to minimize
the potential for the loss or damage of the account-servicing (customer
service, service levels and billing history) database. The Contractor shall
ensure that a daily backup of the account servicing database is made and
stored off-site.
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Solid Waste Collection Contract
2.3.4 Reporting
The Contractor shall provide monthly and annual reports to the City. In
addition, the Contractor shall allow City staff access to pertinent operations
information such as disposal facility certified weight slips and vehicle
maintenance logs.
2.3.4.1 Monthly Reports
On a monthly basis, by the 15th day of the following month,
the Contractor shall provide a report containing information for
the previous month. Reports shall be submitted in electronic
format approved by the City and shall be certified to be
accurate by the Contractor. At a minimum, reports shall
include:
(1) A log of complaints and resolutions for all collection
services and sectors. At a minimum, the complaint log
shall include Customer name and/or business name,
Customer's service address, contact telephone number,
date of complaint, a description of the complaint, a
description of how the complaint was resolved, the date
of recovery/resolution 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, and log of bulky items.
(3) A compilation of total monthly and year-to-date
summaries 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 and market prices.
(5) A summary of 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
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(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
apportioning methodology that allows the accurate calculation
and reporting of collection quantities. The apportioning
methodology shall be subject to prior review and approval by
the City and shall be periodically verified through field testing
by the Contractor.
2.3.4.2 Annual Reports
On an annual basis, by the last working day of January, the
Contractor shall provide a report containing the following
information:
(1) A consolidated summary and tabulation of the monthly
reports, described above.
(2) A . discussion of highlights and other noteworthy
experiences, along with measures taken to resolve
problems, increase efficiency, and increase participation
in Compostables and Recyclables collection programs.
(3)" A discussion of promotion and education efforts and
accomplishments.
(4) An inventory of current collection, delivery, spare 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.
2.3.4.3 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 participation patterns or other
similar information. Reports shall be provided in the City-
defined format and software compatibility. These reports shall
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Solid Waste Collection Contract
not require the Contractor to expend more than one hundred
(100) staff hours per year to complete.
If requested by the City, the Contractor shall provide daily
route information for all service sectors and collection streams
for the purpose of evaluating potential collection system
changes during the term of the Contract. Information received
by the City and in the Contractor's possession shall be subject
to existing 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 City 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 calendars, inclement
weather information) 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 calendar 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 prior 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. The 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.
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The Contractor shall maintain a complete list of all Multi-Family Complex
and Commercial Customer sites within 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 shall provide the City with a
complete listing in a City-approved electronic format of all Commercial
Customers and Multi-Family Complex Customers, including business
name, contact 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 all available services and ways to decrease
Garbage generation. Printed informational materials discussing waste
prevention and recycling service options shall be prepared and distributed
by the Contractor to support contact with Multi-Family Complex and
Commercial Customer sites. This contact shall be coordinated with City
and King County promotional efforts. The Contractor shall include with its
annual report the list of Multi-Family Complex and Commercial Customer
sites; Garbage, recycling and Compostables 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 Contractor shall meet periodically to evaluate the
effectiveness of the above-stated education and outreach program. The
City and the Contractor shall collaborate, as needed, to develop alternative
education and outreach materials, strategies, and initiatives if deemed
necessary.
2.3.6 Field Monitoring
The City may periodically monitor collection system parameters such as
participation, Container condition, Container weights, 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.
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2.3.7 Transition to Next Contractor
The Contractor shall 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 contractor to occur
simultaneously in order to minimize Customer inconvenience.
The Contractor 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 City.
The parties recognize that a failure to comply with this provision will
damage the City, but that determination of such damage will be difficult
and burdensome; therefore, the parties agree that in the event of a breach of
this provision and Contractor's failure to cure such breach as described in
Section 4.2, the Contractor, or the Contractor's surety, shall 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 Attachment B for Garbage collection, as such
may be adjusted in accordance with this 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 Contractor's proposal and
listed in Attachment B. Actual certified load weight in tons
multiplied by the King County tipping fee applicable to the
Container contents multiplied by a factor of 1.15 shall be used for
Drop-box Garbage Container services;
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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 shall be
assessed.
Other services such as Compostables collection and other ancillary
services shall be charged at the rate shown in Attachment B.
The Contractor shall not charge separately for Recyclables collection
services, other than those 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 supporting weight slips and invoices which document the expenses.
The City shall pay these invoices, upon verification, on the same schedule
as the Contractor'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. The City shall compensate the Contractor for the
services actually performed by Contractor under this Contract, regardless
whether the City obtains payment from the Customer.
3.2 Compensation Adjustments
3.2.1 Annual 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
percentage change in the Consumer Price Index CWURA423SAO 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 "CPI 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.
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Rates shall be adjusted 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 percentage change in the CPI Index for the
most recent twelve (12) month period ending on August 31st of that year.
The Contractor's calculations shall be provided to the City no later than
October 15th prior to the Adjustment Date and the City shall have thirty
(30) days to confirm the Contractor'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.
In 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 marketing of
Recyclables and Compostables. If the Contractor is required by the City to
use processing 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 faith any changes to the
rates to offset these 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 Transfer Station. The amount of per mile compensation and the
formula for how the compensation is applied (other than the ten (10) mile
threshold) shall be applied in accordance with the then-current WUTC
tariff for the Contractor's South Sound WUTC tariff.
3.2.4 Other Modifications
The Contractor shall not adjust or modify rates due to employee wage
increases, the value of Recyclables, Garbage collection service level shifts,
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I
or other changes affecting the collection system. At the time of the City's
decision to extend this Contract through 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 obligation to give 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 rates 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
Changes in Federal, State or local laws or regulations or a continuing Force Majeure
event that results in a detrimental change in circumstances or a material hardship for
the Contractor in performing this Contract may be the subject of a request by the
Contractor for a rate adjustment, subject to review and approval by the City. 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
or decreased revenues) in an amount equal to or greater than one percent of the
Contractor's gross annual revenues available from this Contract.
If the City requires review of the Contractor's financial or other proprietary
information in conducting its rate review, at the request of the Contractor, 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 of the
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 collection service provision.
Performance failures shall be discouraged, to the extent possible, through automatic and
performance fees for certain infractions and through Contract default for more serious lapses
in service provision. Section 4.1 details infractions subject to automatic or performance fees,
and Section 4.2 details default provisions and procedures.
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Solid Waste Collection Contract
4.1 Performance Fees
The Contractor may be subject to performance fees for the following acts or
omissions if documented 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 determine the Contractor's compliance with the Contract. Deductions
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:
ACTION OR OMISSION AMOUNT
Collection 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.
locations, 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 areas, 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 incident.
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 Contractor 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.
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ACTION OR OMISSION AMOUNT
Missed collection of entire block segment of One Hundred Fifty Dollars ($150) per
Single-Family Residences (excluding block segment if collection is performed
collections prevented by inclement weather). 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 maximum 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 Dollars ($25) per incident.
quantities of Yard Debris.
Rejection of Garbage, Recyclables or Twenty-Five Dollars ($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 within 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.
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Solid Waste Collection Contract
ACTION OR OMISSION AMOUNT
Landfilling or incineration of Recyclables or One Thousand Dollars ($1,000) per
Compostables in violation of Section 2.1.11 vehicle, per incident.
without the express written 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.
requirements. These are 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 any and all remedies it may have with respect to these and other
violations and breaches. The performance fees schedule set forth here shall not affect
the City's ability to terminate this Contract as described in Section 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 been notified. The Contractor shall pay the City the
invoiced amount within thirty (30) days of billing. Failure to pay performance fees
shall be considered a breach of this Contract.
Any performance fees imposed under this Section may be appealed by the Contractor
to the City. The Contractor shall be allowed to present evidence as to why the amount
of performance fees should be lessened or eliminated. The decision of the City shall
be final.
4.2 Contract Default
The Contractor shall be in default of this Contract if it violates any provision of this
Contract. In addition, the City reserves the right to declare the Contractor to be in
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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 under the Contract on
October 1, 2011, or for a period of more than five (5) consecutive days at any
time during the term of this Contract.
(2) The 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 manner 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 intent to exercise its rights, stating the reasons for such
action. However, if an emergency shall arise that does not allow ten (10) days prior
written notice, the City shall immediately notify the Contractor of its intent to
exercise its rights 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, after 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 shall
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, equipment and materials necessary for such
services provided under this Contract shall be paid by the Contractor in full.
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
thereto.
The City shall be entitled to recover from the Contractor and its surety as damages all
expenses incurred, including reasonable attorney's fees, together with all such
additional sums as may be necessary to complete the services provided under this
Contract, together with any further damages sustained or to be sustained by the City.
If City employees 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 Contractor.
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 Compostables in the City for the duration
of this Contract; when provided, this Section applies to any replacement or substitute.
Rent for the City's use of Contractor's Inventory shall be negotiated between the
parties based upon the historical cost of the inventory less any accumulated
depreciation. Disputes shall 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 return receipt requested), addressed to the parties as follows:
To City: Finance Director
City of Auburn
25 West Main Street
Auburn, WA 98001
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Solid Waste Collection Contract
with copy to:
City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001
To Contractor: Municipal Contracts Manager
Waste Management of Washington Inc.
8012 nd Avenue, Suite 614
Seattle, WA 98104
6. GENERAL TERMS
6.1 Collection Right
The Contractor shall be the exclusive provider with which the City shall contract to
collect Garbage, Compostables and Recyclables and construction/demolition
materials placed 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: Garbage, 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 unrelated 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 shall retain responsibility for Garbage, Recyclables,
construction/demolition materials and Compostables once these materials are 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.
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The City shall work with the Contractor, other haulers and processors, and other
regional governments to develop a reasonable definition of what constitutes legitimate
construction/ demolition recycling for the purposes of interpreting collection
authorities. Once a reasonable recycling threshold or "test" is developed with King
County, the City and Contractor shall negotiate and amend this Agreement
accordingly.
6.2 Access to Records
The Contractor shall maintain in its local office full and complete operations,
Customer, financial and service records that at any reasonable time shall be open for
inspection and copying for any reasonable purpose by the City. In addition, the
Contractor shall, during the Contract term, and at least 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 all
records, invoices and payments under the Contract, as adjusted for additional and
deleted services provided under this Contract. The City shall be allowed access to
these records for audit and review purposes.
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 Examinations
The Contractor 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 Contract is based upon such investigation and
research, and that it shall make no claim against the City because of any of the
estimates, statements or interpretations made by any officer 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.
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6.4 Insurance
The Contractor shall procure and maintain, for the duration of the Contract, insurance
against claims for injuries to persons or damage to property that may arise from or in
connection with the performance of the services provided under this Contract
hereunder by the Contractor, their agents, representatives, employees or
subcontractors. The cost of such insurance shall be paid by the Contractor. Failure to
make insurance payments and to keep policies current shall be cause for contract
default in accordance with Section 4.2.
No Limitation. Contractor's maintenance of insurance as required by the agreement
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 shall obtain insurance that meets or exceeds the following of the
types described below:
(1) Automobile Liability insurance covering all owned, non-owned, hired
and leased vehicles. Coverage shall be written on Insurance Services
Office (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 Liability 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 underground
property damage. The City shall be named as an additional 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.
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(3) Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
(4) Contractor's Pollution Liability 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 Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
(1) Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $5,000,000 per
accident.
(2) Commercial General Liability 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
Insurance laws of the State of Washington.
(4) Contractor's Pollution Liability insurance shall 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 administration and defense expenses.
6.4.4 Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability, Commercial General
Liability, and Contractor's Pollution Liability coverage:
(1) The Contractor's insurance coverage shall be the primary insurance
with respect to the City, its officials, employees and volunteers. Any
City of Auburn 69 February 2011
Solid Waste Collection Contract
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Insurance, self-insurance, or insurance pool coverage maintained by
i 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 shall a
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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 shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
6.4.5 Acceptability of Insurers
a
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
Y additional insured endorsement,
evidencing the insurance requirements 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 furnish separate certificates and endorsements for each
subcontractor in advance of work being performed by each subcontractor.
All coverages for subcontractors 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
the 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 named
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 shall provide and maintain at all times a valid Contractor's
Performance and Payment Bond or bonds, letter of credit or other similar 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 similar 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 similar instrument, and evidence satisfactory to the City
of its renewability, no less than sixty (60) calendar days prior to the expiration of the
bond, letter of credit or other similar instrument then in effect. The City shall have
the right to call the bond, letter of credit or other similar 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 harmless 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 all 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 Collection 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 City shall pay the fees
and costs of that counsel unless the Contractor has agreed otherwise. The
Contractor shall control the defense of claims (including the assertion of
counterclaims) against which it is providing indemnity under this Section,
and if the City employs separate counsel the City shall assert all 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 all just
claims for 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.
6.8 Confidentiality of Information
Under Washington State law, the documents (including but not limited to written,
printed, graphic, electronic, photographic or voice mail materials and/or
transcriptions, recordings or reproductions thereof) 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, unless the 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 shall
promptly notify the Contractor at the notice address set forth in Section 5 herein and
shall 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 of Auburn 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 without securing the written approval of the surety on the
performance bond and providing at least thirty (30) calendar days prior
notice to the City of such assignment or pledge together with a copy of the
surety's approval thereof. Such assignment or pledge, however, shall not
release the Contractor or its sureties from any obligations or liabilities
arising under or because of this Contract.
6.9.2 Assignment, Subcontracting, Delegation of Duties and Change in Control
The Contractor shall 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 shall
not be unreasonably withheld. In the event of an assignment,
subcontracting or delegation of duties, the Contractor shall remain
responsible for the full and faithful performance of this Contract and the
assignee, subcontractor, or other obligor shall also become responsible to
the City for the satisfactory performance of the work assumed. The City
may condition approval upon the delivery by the assignee, subcontractor or
other obligor of its covenant to the City to fully and faithfully complete the
work or responsibility undertaken.
In addition, the assignee, subcontractor or obligor shall sign a separate
statement agreeing to abide by all terms and conditions of this Contract.
The City may terminate this Contract if the assignee, subcontractor or
obligor does not comply with this clause. Furthermore, the assignee,
subcontractor or obligor shall be subject to a one (1) year 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 all obligations and liability.
Contractor may assign this Contract to another subsidiary or affiliate of
Contractor upon the City's consent, which shall not be unreasonably
withheld, provided Contractor can demonstrate that its subsidiary or
City of Auburn 73 February 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/Venue
This Contract shall be governed by the laws of the State of Washington both as to
interpretation and performance. Venue shall be in Superior Court in the State of
Washington for King County.
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 or
ordinances, including those of agencies having jurisdiction over the subject matter of
this Contract, in performing its obligations under the Contract. Such compliance shall
include abiding by all applicable federal, state and local policies to ensure equal
employment opportunity and non-discrimination. The Contractor shall comply with
all applicable laws pertaining to employment practices, employee treatment and
public contracts.
Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the
Washington Industrial 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 harmless the City from all damages assessed for the Contractor's
failure to comply with the Acts and Standards issued therein. The Contractor is also
responsible for meeting all pertinent local, state and federal health and environmental
regulations and standards applying to the operation of the collection and processing
systems used in the performance of this Contract.
The Contractor is specifically directed to observe all weight-related laws and
regulations in the performance of these services, including axle bridging and loading
requirements.
6.12 Non-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, ancestry, national origin, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
creed, religion, race, color, sex, national origin, or the presence of any sensory, mental
or physical handicap. Such action shall include, but not be limited to the following:
employment upgrading; demotion or transfer; recruitment 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 Contractor 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 understands 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 discriminatory practices have
terminated and that recurrence of such action is unlikely.
6.13 Permits and Licenses
The Contractor and subcontractors shall secure a City business license if required and
pay fees and taxes levied by the City. The Contractor shall have or obtain all permits
and licenses necessary to provide the services herein at its sole expense.
The Contractor shall be solely responsible for all taxes, fees and charges incurred
subject to the threshold provided for in Section 3.2.4, 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, surcharges of any kind that
apply to any and all persons, facilities, property, income, equipment, materials,
supplies or activities related to the Contractor's activities under the Contract, business
and occupation taxes, workers' compensation and unemployment benefits.
6.14 Relationship of Parties
The City and the Contractor expressly agree that the 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 to this Contract. The implementation
of services shall lie solely with the Contractor. No agent, employee, servant or
representative of the Contractor shall be deemed to be an employee, agent, servant or
representative of the City.
6.15 Contractor's Relationship with Customers
The Contractor shall not separately contract with 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 than the final date of this contract's term, since the City may, at
its sole option, regulate similar or identical services in the successor to this contract.
City of Auburn 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 Contract, at the option of the City, may be terminated effective
on the day and at the time the bankruptcy petition is filed.
6.17 Right to Renegotiate/Amendment
The City shall retain the right to renegotiate this Contract or negotiate contract
amendments based on City policy changes, state statutory changes or rule changes in
King County, Washington State or federal regulations regarding issues that materially
modify the terms and conditions of the Contract. The City may also renegotiate this
Contract should any Washington State, King County or City rate or fee associated
with the Contract be held illegal or any increase thereof be rejected by voters. In
addition, the Contractor agrees to renegotiate in good faith with the City in the event
the City wishes to change disposal locations or add additional services to the Contract
and to provide full disclosure of existing and proposed costs and operational impacts
of any proposed changes.
This Contract may be amended, altered or modified only by a written amendment,
alteration or modification, executed by authorized representatives of the City and the
Contractor.
6.18 Force Majeure
Provided that the requirements of this Section are met, Contractor shall not be
deemed to be in default and shall not be liable for failure to perform under this
Contract if Contractor's performance is prevented or delayed by acts of terrorism, acts
of God including landslides, lightning, forest fires, storms, floods, freezing and
earthquakes, 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 which
the Force Majeure event exists.
6.19 Illegal Provisions/Severability
At the discretion of the City, if any provision of this Contract shall be declared illegal,
void, or unenforceable, the other provisions shall not be affected, but shall 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 parry 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 Attachments 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 statement or proposal shall alter any term or provision of this
Contract.
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
WASTE MANAGEMENT OF CITY OF AUBURN
WASHINGTON, INC.
By: By:
Dean Kattler, Vice President Peter B. Lewis, Mayor
13225 NE 126th Place
Kirkland, WA 98034
ATTEST:
Danielle 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
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Attachment A
Solid Waste Service Area F
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Auburn City Limits
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1
City of Auburn
Attachments January 2011
Attachment B: Contractor Rates
City of Auburn
Garbage and Compostables Service Fees
Pounds (Monthly) (Monthly) Total
Per Collection Disposal Service
Service Class Unit Fee Fee Fee
Residential Services
Weekly Service:
1 10 Gal. Microcan 9.38 $ 6.95 $ 1.93 $ 8.88
1 20 Gal. Cart 15.64 $ 6.84 $ 3.22 $ 10.06
1 35 Gal.Cart 21.90 $ 7.85 $ 4.12 $ 11.97
1 64 Gal.Cart 40.04 $ 11.92 $ 8.24 $ 20.16
1 96 Gal.Cart 60.06 $ 14.49 $ 12.36 $ 26.85
"Extra" 32 Gal. Can/Bag each 20.02 $ 3.73 $ 0.95 $ 4.68
Compostables Service:
Basic Com ostables Service - 96 gallon 45.00 $ 7.11 $ $ 7.11
64 allon Com ostables Service $ 6.61 $ $ 6.61
35 gallon Com ostables Service $ 6.11 $ $ 6.11
Extra Com ostables Cans/Bas each 24.00 $ 2.31 $ $ 2.31
Extra 96 Gallon Comp . Cart: Rent + Coll. 45.00 $ 3.68 $ $ 3.68
Redelivery of Compostables Cart if cancel i
restart within seven months, per section
2.2.3.2 $ 17.00 $ $ 17.00
Miscellaneous Fees:
Carry-out Surcharge all service levels $ 5.84 $ $ 5.84
Compostable Cart Cleaning/Deodorizing, per
section 2.2.3.2 $ 10.00 $ $ 10.00
Return Trip Fee $ 14.83 $ $ 14.83
On-Call Bulk Waste Collection
Appliances (non-refrigerant) 100.00 S 53.44 $ 4.77 $ 58.21
Refrigerators/Freezers 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 Springs 50.00 $ 26.11 $ 2.39 $ 28.50
Tires: Auto/Li ht Truck 35.00 S 17.81 $ 1.66 $ 19.47
Bus/Heavy Truck 70.00 $ 17.81 $ 3.34 $ 21.15
Additional for Rims or Wheels 15.00 $ 13.04 $ 0.72 $ 13.76
Miscellaneous, per cubic and 500.00 $ 64.15 $ 23.82 $ 87.97
Temporary Container Service
Temp. 2 Yard Container 345.00 S 32.47 $ 16.44 $ 48.91
Dail Rent $ 1.28 $ - $ 1.28
Delivery Fee $ 36.82 $ - $ 36.82
Temp. 4 Yard Container 690.00 $ 44.34 $ 32.88 $ 77.22
Dail Rent $ 1.28 $ - $ 1.28
Delivery Fee $ 36.82 $ - $ 36.82
Temp. 6 Yard Container 1,035.00 $ 56.23 $ 49.31 $ 105.54
Dail Rent $ 1.28 $ - $ 1.28
Delivery Fee $ 36.82 S $ 36.82
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City of Auburn
Attachments January 2011
Attachment B: Contractor Rates
City of Auburn
Garbage and Compostables Service Fees
Pounds (Monthly) (Monthly) Total
Per Collection Disposal Service
Service Class Unit Fee Fee Fee
Commercial/Multi-Family Cans & Carts
Weekly Service:
1 10 Gal. Microcan 9.38 $ 6.78 $ 1.93 $ 8.71
1 20 Gal. Cart 15.64 $ 6.84 $ 3.22 $ 10.06
1 35 Gal.Cart 21.90 $ 7.85 $ 4.12 $ 11.97
1 64 Gal.Cart 40.04 $ 11.12 $ 8.24 $ 19.36
1 96 Gal.Cart 60.06 $ 14.40 $ 12.36 $ 26.76
"Extra" 32 Gal. Can/Ba each 20.02 $ 3.73 $ 0.95 $ 4.68
Miscellaneous Services:
Return Trip $ 14.83 $ $ 14.83
Carry-Out Service (per can $ 1.26 $ $ 126
Roll-Out Container $ 14.15 $ $ 14.15
Com ostable Cart Cleaning Deodorizin $ 10.00 $ $ 10.00
Pressure Washing (per yard) $ 2.34 $ $ 234
Commercial/MF Uncom cted Containers
1 Cu. Yd. Uncom acted
1 pickup/week 111.59 $ 60.39 $ 22.97 $ 8T36-
2 icku stweek 223.18 $ 110.80 $ 45.94 $ 156.74
3 pickups/week 334.77 $ 161.19 $ 68.91 $ 230.10
4 pickups/week 446.36 $ 211.60 $ 91.88 $ 303.48
5 pickups/week 557.95 $ 262.02 $ 114.84 $ 376.86
1.5 Cu. Yd. Uncom acted
1 pickup/week 167.39 $ 76.07 $ 34.45 $ 110.52
2 icku stweek 334.77 $ 128.17 $ 68.91 $ 197.08
3 pickups/week 502.16 $ 185.90 $ 103.36 $ 289.26
4 icku stweek 669.54 $ 243.63 $ 137.81 $ 381.44
5 pickups/week 836.93 $ 301.34 $ 172.27 $ 473.61
2 Cu. Yd. Uncom acted
1 pickup/week 223.18 $ 80.52 $ 45.94 $ 126.46
2 pickups/week 446.36 $ 145.56 $ 91.88 $ 237.44
3 pickups/week 669.54 $ 210.62 $ 137.81 $ 348.43
4 icku stweek 892.72 $ 275.67 $ 183.75 $ 45972
5 icku stweek 1.115.90 $ 340.70 $ 229.69 $ 570.39
3 Cu. Yd. Uncom acted
1 pickup/week 334.77 $ 107.13 $ 68.91 $ 176.04-
2 icku stweek 669.54 $ 195.57 $ 137.81 $ 333.38
3 icku stweek 1,004.31 $ 284.00 $ 206.72 $ 490.72
4 icku stweek 1,339.08 $ 372.45 $ 275.63 $ 648.08
5 pickups/week 11673.85 $ 460.91 $ 344.53 $ 805.44
4 Cu. Yd. Uncom acted
1 pickup/week 446.36 $ 128.62 $ 91.88 $ 220.50
2 pickups/week 892.72 $ 235.35 $ 183.75 $ 419.10
3 pickups/week 1,339.08 $ 342.07 $ 275.63 $ 617.70
4 pickups/week 1,785.44 $ 448.82 $ 367.50 $ 816.32
5 pickups/week 2,231.80 $ 555.53 $ 459.38 $ 1,014.91
6 Cu. Yd. Uncom acted
1 pickup/week 669.54 $ 174.83 $ 137.81 $ 312.64
2 pickups/week 1 339.08 $ 321.04 $ 275.63 $ 596.67
3 pickups/week08.62 $ 467.26 $ 413.44 $ 880.70
4 icku s/week 2,678.16 $ 613.45 $ 551.25 $ 1,164.70
5 pickups/week 3,347.70 $ 759.68 $ 689.06 $ 1,448.74
3
City of Auburn
Attachments January 2011
Attachment B: Contractor Rates
City of Auburn
Garbage and Compostables Service Fees
Pounds (Monthly) (Monthly) Total
Per Collection Disposal Service
Service Class Unit Fee Fee Fee
CommerciaUMF Uncom acted Containers
8 Cu. Yd. Uncom acted
1 pickup/week 892.72 $ 209.87 $ 183.75 $ 393.62
2 pickups/week 1,785.44 $ 387.53 $ 367.50 $ 755.03
3 pickups/week 2678.16 $ 565.19 $ 551.25 $ 1,116.44
4 pickups/week 31570.88 $ 742.86 $ 735.00 $ 1,477.86
5 pickups/week 4,463.60 $ 920.50 $ 918.75 $ 1,839.25
Compacted Containers
1 Cubic Yard Container 334.77 $ 100.60 $ 68.91 $ 169.51
2 pickup/week 669.54 $ 201.55 $ 137.81 $ 339.36
1.5 Cubic Yard Container 502.16 $ 132.75 $ 103.36 $ 236.11
2 pickup/week 11004.31 $ 265.93 S 206.72 $ 472.65
2 Cubic Yard Container 669.54 $ 150.85 $ 137.31 $ 288.66
2 pickup/week 11339.08 $ 302.16 $ 275.63 $ 577.79
3 Cubic Yard Container 1,004.31 $ 209.20 $ 206.72 $ 415.92
2 pickup/week 2,008.62 $ 419.04 $ 413.44 $ 832.48
4 Cubic Yard Container 1,339.08 $ 261.16 S 275.63 $ 536.79
2 pickup/week 2,678.16 $ 523.06 $ 551.25 $ 1,074.31
3 pickup/week 4,017.24 $ 825.47 $ 826.88 $ 1,652.35
5 Cubic Yard Container 1,673.85 $ 438.01 $ 344.53 $ 782.54
2 pickup/week 3,347.70 $ 877.03 $ 689.06 $ 1,566.09
6 Cubic Yard Container 2,008.62 $ 500.19 $ 413.44 $ 913.63
2 pickup/week 4,017.24 $ 1,000.41 $ 826.88 $ 1 827.29
Extra Uncompacted Cubic Yard/Pickup 111.59 $ 2.21 $ 22.97 $ 25.18
Special Pickup
1 Yd Special pickup 111.59 $ 64.47 $ 5.30 $ 69.77
1.5 Yd Special pickup 167.39 $ 64.47 $ 7.95 $ 72.52
2 Yd Special pickup 223.18 $ 64.47 S 10.60 $ 75.27
3 Yd Special pickup 334.77 $ 64.85 $ 15.90 $ 80.75
4 Yd Special pickup 446.36 $ 65.02 S 21.20 $ 86.22
6 Yd Special pickup 669.54 $ 65.40 $ 31.80 $ 97.20
8 Yd Special pickup 892.72 $ 65.75 $ 42.40 $ 108.15
Special Pickup - Compacted Containers
1 Yd Special pickup 334.77 $ 69.64 $ 15.90 $ 85.54
1.5 Yd Special pickup 502.16 $ 72.65 $ 23.85 $ 96.50
2 Yd Special pickup 669.54 $ 75.66 $ 31.80 $ 107.46
3 Yd Special pickup 1,004.31 $ 81.67 $ 47,70 $ 129.37
4 Yd Special pickup 1,339.08 $ 87.68 $ 63.61 $ 151.29
6 Yd Special pickup 2,008.62 $ 121.62 S 95.41 $ 217.03
Commercial/Multifamily Com ostables
1 96- allon cartweek) collection 45.00 $ 8.90 $ $ 8.90
1 64- gallon cart, week) collection $ 8.40 $ $ 8.40
1 35-gallon cart, week) collection $ 7.90 $ $ 7.90
1 1-Cubic Yard Container, wweekly 108.45 $ 6412 $ $ 64.12
1 2-Cubic Yard Container, week) 216.90 $ 83.89 $ $ 83.89
1 extra cubic and 108.45 $ 20.74 $ $ 20.74
1 and Com ostables extra service $ 20.91 $ $ 20.91
2 yard Com ostables extra service $ 41.82 $ $ 41.82
4
City of Auburn
Attachments January 2011
Attachment B: Contractor Rates
City of Auburn
Garbage and Compostables Service Fees
Daily Monthly
Container Container Charge
Service Class Rental Rental per Haul
Drop-box Collection *
Non-compacted Service
1 20 Cu. Yd. Container Amu $ 89.09
1 30 Cu. Yd. Container $ 89.09
1 40 Cu. Yd. Container $ 89.09
Compacted Service
18-25 Cu. Yd. Container $ 108.12
1 30 Cu. Yd. Container $ 108.12
1 40 Cu. Yd. Container $ 108.12
Drop-box (Temporary) I
20 Cu. Yd. Container $ 2.05 $ 62.15 $ 105.92
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 at 15% more than the gate rate
at the appropriate disposal site.
-Total
Service
Service Class Fee
Additional Services
Per mile charge for hauls over 15 miles $ 2.34
Return Trip - Drop-box $ 29.67
Solid Drop-box Lid Charge per month) $ 11.87
Pressure Washing per and $ 2.34
Stand-By Time (per minute) $ 2.34
Hourly Rates
Rear/Side Load Packer & Driver $ 109.30
Front Load Packer & Driver $ 109.30
Drop Box Truck & Driver $ 109.30
Additional Labor (per person) $ 59.38
5
City of Auburn
Attachments January 2011
Attachment C
Rate Modification Examples
The collection and disposal components of the Customer charges listed in Attachment B shall be
adjusted separately. The collection component of Customer 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 adjustments 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 I + nCPI - oCPI
oCP1
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 contract 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-ODQxCETR]
6
City of Auburn
Attachments 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 rate
for a particular service level;
OTF.- = The old disposal fee, dollars per ton; and
A Pre-excise tax adjusted disposal component; and
CETR = Current excise tax rate (the current State excise tax rate;
0.015 used for this example).
For example, using the initial one 35-gallon cart rate of $11.97 per month: if the
previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will increase
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 Component = $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 January 2011