HomeMy WebLinkAbout5556 RESOLUTION NO. 5556
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND WASTE MANAGEMENT OF WASHINGTON
FOR COMPREHENSIVE GARBAGE, RECYCLABLES AND
COMPOSTABLES COLLECTION SERVICES
WHEREAS, the City of Auburn currently has agreements with both Waste
Management of Washington and Republic Services Inc. to provide solid waste,
recyclables, and compostable collection services within Auburn; and
WHEREAS, each agreement with the City will expire on September 30, 2021; and.
WHEREAS, the City issued a request for proposals and conducted a nine-month
review process that allowed the City to closely examine the rates and services of each
proposal; and
WHEREAS, the city selected Waste Management of Washington's proposal for
garbage, recyclables and compostable collection services as the most attractive proposal
and negotiated a new agreement to replace and supersede the current agreements when
they expire; and
WHEREAS, the City of Auburn now desires, and it is in the public interest to extend
Waste Management of Washington a ten-year contract for garbage, recyclables, and
compostable collection services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, 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
Resolution No. 5556
October 20, 2020
Page 1 of 2 Rev.2019
Management of Washington for comprehensive garbage, recyclables and compostable
collection in substantial conformity with the agreement attached as Exhibit A and
incorporated by this reference.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: November 2, 2020
CITY OF AUBURN
r •
ANC ': > KUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, CityC e k Ken�omeau, City Attorney
Resolution No. 5556
October 20, 2020
Page 2 of 2 Rev.2019
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
COMPREHENSIVE
GARBAGE, RECYCLABLES, AND COMPOSTABLES
COLLECTION SERVICES
CONTRACT
City of Auburn
and
Waste Management of Washington, Inc.
October 1, 2021 — September 30, 2031
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
Comprehensive Garbage, Recyclables,and Compostables
Collection Services Contract
Table of Contents
RECITALS 1
AGREEMENT 1
1.DEFINITIONS 1
2.TERM OF CONTRACT 6
3.CONTRACTOR REPRESENTATIONS AND WARRANTIES 6
4.SCOPE OF WORK 7
4.1 GENERAL COLLECTION SYSTEM REQUIREMENTS 7
4.1.1 Service Area 7
4.1.2 Service to Residences on Private Roads and Driveways 7
4.1.3 Hours/Days of Collection 8
4.1.4 Employee Conduct 8
4.1.5 Disabled Persons Service - 9
4.1.6 Holiday Schedules 9
4.1.7 Inclement Weather 9
4.1.8 Suspending Collection from Problem Customers 10
4.1.9 Missed Collections 11
4.1.10 Same Day Collection 11
4.1.11 Requirement to Recycle and Compost and Quality Assurance 11
4.1.12 Routing,Notification,and Approval 12
4.1.13 Vehicle and Equipment Type/Age/Condition/Use 13
4.1.14 Container Requirements and Ownership 14
4.1.14.1 Garbage,Recyclables,and Compostables Carts 15
4.1.14.2 Detachable Containers and Drop-box Containers 15
4.1.14.3 Ownership 17
4.1.14.4 Container Colors and Labeling 17
4.1.14.5 Container Weights 18
4.1.14.6 Container Removal Upon City or Customer Request 18
4.1.15 Inventory of Vehicles and Facilities 18
4.1.16 Spillage and Leakage of Vehicle Contents 18
4.1.17 Disruption Due to Construction 19
4.1.18 Contractor Labor Negotiations,Strike Contingency Planning,and Performance During Labor Disruption
20
4.1.19 Site Planning and Building Design Review 21
4.1.20 Safeguarding Public and Private Facilities 22
4.1.21 Transition and Implementation of Contract 22
4.1.22 Performance Review 23
4.1.23 Continual Monitoring and Evaluation of Operations 23
4.1.24 Collection/Disposal Restrictions 24
4.1.25 Direct Disposal Payment 25
4.1.26 Hiring Preference 25
4.1.27 Emergency Response 26
4.2 COLLECTION SERVICES 26
4.2.1 Single-Family Residence Garbage Collection 26
4.2.1.1 Subject Materials 26
4.2.1.2 Containers 26
4.2.1.3 Specific Collection Requirements 26
4.2.2 Single-Family Residence Recyclables Collection 27
4.2.2.1 Recyclable Materials 27
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Table of Contents
4.2.2.2 Containers 28
4.2.2.3 Specific Collection Requirements 28
4.2.3 Single-Family Residence Compostables Collection 28
4.2.3.1 Subject Materials 28
4.2.3.2 Containers - 28
4.2.3.3 Specific Collection Requirements 29
4.2.4 Multifamily Complex and Commercial Customer Garbage Collection 30
4.2.4.1 Subject Materials 30
4.2.4.2 Containers - 30
_. -.4.2.4.3 Specific Collection Requirements 30
4.2.5 Multifamily Complex and Commercial Recyclables Collection 31
4.2.5.1 Subject Materials 31
4.2.5.2 Containers 31
4.2.5.3 Specific Collection Requirements! 31
4.2.6 Multifamily Complex and Commercial Customer Compostables Collection 32
4.2.6.1 Subject Materials 32
4.2.6.2 Containers 32
4.2.6.3 Specific Collection Requirements 33
4.2.7 Drop-Box Container Garbage Collection 33
4.2.7.1 Subject Materials 33
4.2.7.2 Containers 33
4.2.7.3 Specific Collection Requirements., 33
4.2.8 Temporary(Non-Special Event)Container Customers 34
4.2.9 Hourly Industrial Container Route Collection(Boeing) 34
4.2.10 On-call Bulky Waste Collection 35
4.2.11 Special Event Services 35
4.2.12 City Collection Services 35
4.2.13 Auburn-Sponsored Community Events 37
4.2.14 Litter and City Clean-up Service 38
4.2.15 Excluded Services 38
4.3 COLLECTION SUPPORT AND MANAGEMENT 38
4.3.1 General Customer Service 38
4.3.2 Specific Customer Service Requirements 39
4.3.2.1 Customer Service Representative Staffing 39
4.3.2.2 City Access to Contractor's Customer Service Information 40
4.3.2.3 Service Recipient Complaints and Corrective Requests 40
4.3.2.4 Handling of Customer Calls - 41
4.3.2.5 Corrective Measures 41
4.3.2.6 Contractor Internet Website 41
4.3.2.7 Full Knowledge of Garbage,Recyclables,and Compostables Programs Required 42
4.3.2.8 Customer Communications 43
4.3.3 Contractor's Customer Billing Responsibilities 43
4.3.4 Reporting 45
4.3.4.1 Monthly Reports 45
4.3.4.2 Annual Reports 47
4.3.4.3 Ad Hoc Reports 47
4.3.4.4 Other Reports 48
4.3.5 Promotion and Education 48
5.COMPENSATION 50
5.1 COMPENSATION TO THE CONTRACTOR 50
5.2 COMPENSATION ADJUSTMENTS 52
5.2.1 Annual CPI Service Component Modification 52
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Comprehensive Garbage, Recyclables,and Compostables
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Table of Contents
5.2.2 Changes in Disposal and Composting Fees 52
5.2.3 Changes in Disposal or Compostables Processing Sites 53
5.2.4 Recycling Commodity Value 53
5.2.5 New or Changes in Existing Taxes 55
5.2.6 CHANGE IN LAW 55
6.FAILURE TO PERFORM,REMEDIES,TERMINATION 55
6.1 PERFORMANCE FEES 55
6.2 CONTRACT DEFAULT 58
7.NOTICES 60
8.GENERAL TERMS 60
8.1 COLLECTION RIGHT 60
8.2 ACCESS TO RECORDS 61
8.3 INSURANCE 61
8.3.1 Minimum Scope of Insurance 61
8.3.2 Minimum Amounts of Insurance 62
8.3.3 Other Insurance Provisions 62
8.3.4 Acceptability of Insurers 63
8.3.5 Verification of Coverage 63
8.3.6 Subcontractors 63
8.4 PERFORMANCE BOND 64
8.5 INDEMNIFICATION 64
8.5.1 Defend,Indemnify and Hold Harmless 64
8.5.2 Process 65
8.6 CONFIDENTIALITY OF INFORMATION 65
8.7 ASSIGNMENT OF CONTRACT 65
8.7.1 Assignment or Pledge of Money by the Contractor 65
8.7.2 Assignment,Subcontracting,Delegation of Duties 66
8.7.3 Change of Trade Name 66
8.8 LAWS TO GOVERN/VENUE 66
8.9 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 66
8.10 PERMITS AND LICENSES 67
8.11 RELATIONSHIP OF PARTIES 67
8.12 CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS 68
8.13 BANKRUPTCY 68
8.14 RIGHT TO RENEGOTIATE/AMEND 68
8.15 FORCE MAJEURE 68
8.16 SEVERABILITY 69
8.17 WAIVER 69
8.18 INCORPORATION OF CONTRACTOR'S PROPOSAL IN RESPONSE TO CITY'S RFP 69
8.19 DISPUTE RESOLUTION 70
8.20 ENTIRETY 70
8.21 AGREEMENT CONSTRUAL 70
EXHIBITS:
EXHIBIT A:Service Area
City of Auburn iv November,2020
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Comprehensive Garbage, Recyclables, and Compostables
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Table of Contents
EXHIBIT B: Recyclables List
EXHIBIT C:Service Support Resource Levels
EXHIBIT D:Contractor Rates
EXHIBIT E: Rate Modification Example
EXHIBIT F:Commodity Value Calculation
City of Auburn v November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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DS
This Comprehensive Garbage, Recyclables, and Compostables Collection Services Contract ,1
(hereafter,"Contract"),passed by the Auburn City Council at its regular meeting on the 1lthday of Novembe f 11
2020. This Contract is made and entered into this 7th day of December , 2020 (hereafter the Ag
"Date of Execution"), by and between the City of Auburn,a municipal corporation (hereafter"City"),and u
Waste Management of Washington, Inc. (hereafter"Contractor").
RECITALS
WHEREAS, the City has conducted a competitive process to select a contractor to provide Garbage,
Recyclables, and Compostables collection services to all residents, businesses, and institutions located
within the Service Area;and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City
conducted a thorough and exhaustive competitive process;and
WHEREAS,the Contractor,having participated in the competitive process,acknowledges that the City had
the right at anytime during the process to-reject any or all of the competitors,regardless of their proposals
or prices;and
WHEREAS, having completed the competitive process,the City has selected the best candidate to provide
the services outlined in the competitive process; and
WHEREAS, the Contractor represents and warrants that it has the experience, resources, and.expertise
necessary to perform the services as requested in the competitive process;and
WHEREAS,the City desires to enter into this Contract with the Contractor for the services outlined in the
competitive process and included below;
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein
contained,the City and Contractor do agree as follows:
AGREEMENT
1. DEFINITIONS
The following definitions apply to terms used in this Contract:
Bulky Waste: Discrete items of Garbage of a size or shape that precludes collection in regular collection
containers. Bulky Waste includes: large appliances (such as refrigerators, freezers, stoves, dishwashers,
clothes washing machines or dryers), water heaters, furniture (such as chairs or sofas), televisions,
mattresses,and other similar large items placed at the Curb as discrete separate items. Bulky Waste does
not include piles of debris,car parts,construction or demolition debris,any item that would be considered
Hazardous Waste,or stumps.
City of Auburn 1 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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Can:A Customer-owned Container that is a water-tight, galvanized sheet-metal or plastic container, not
exceeding four (4) cubic feet or thirty-two (32) gallons in capacity; fitted with two (2) sturdy looped
handles,one on each side;and fitted with a tight cover equipped with a handle.
Cart: A Contractor-provided 20-,35-,45-, 64-, or 96-gallon wheeled Container with attached lid suitable
for collection, storage, and Curbside placement of Garbage, Recyclables, or Compostables. Cart size
variations up to ten percent (10%) are allowable with prior written permission from the City. Carts shall
be rodent and insect resistant.
Change of Control: The term "Change of Control" means any single transaction or series of related
transactions by which the beneficial ownership of more than fifty percent (50%) of the voting securities
- of the Contractor is acquired by a person or entity,or by a related or affiliated group of persons or entities,
who as of the effective date of the Contract do not have such a beneficial interest; provided, however,
that intra-company transfers,such as transfers between different subsidiaries or branches of the parent
corporation of the Contractor, or transfers to corporations, limited partnerships, or any other entity
owned or controlled by the Contractor upon the effective date of the Contract,and transactions effected
on any securities exchange registered with the U.S. Securities and Exchange Commission, shall not
constitute a Change in Control.
City:The word "City" means the City of Auburn, in King County,Washington.As used in the Contract,use
of the term"City"may include;reference to the Mayor or his/her designated representative(s).Where the
context makes it apparent, references to staff, streets, rights-of-way, activities and things refer to the
staff,streets, rights-of-way and activities of the City,and things belonging to or located within the City.
Commercial Customer: Non-Residential Customers, including businesses, institutions, governmental
agencies, and all other users of commercial-type Garbage collection services.
Compostables: Yard Debris and Food Scraps that are generated by any Residential or Commercial
customer and source-separated for processing or composting.
Contamination Reduction Plan:The plan developed by the Contractor and annually approved by the City
to address contamination in Recyclables and Compostables placed in Customers' Containers.
Contamination includes improperly prepared Recyclables and/or Compostables,materials that cannot be
recycled or composted, and excessive moisture.
Contractor: Waste Management of Washington, Inc., which has contracted with the City to provide all
Services identified in this Contract, including, but not limited to,collecting,transporting,and disposing of
Garbage and collecting, processing, marketing,and transporting Recyclables and Compostables.
Container: Any Can, Cart, Detachable Container, or Drop-box Container used in the performance of this
Contract.
Contract: Refers to this contract for comprehensive Garbage, Recyclables, and Compostable collection
services.
Contract Term: Refers to the term of this Contract as provided for in Section 2.
City of Auburn 2 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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County:King County in Washington State.
Curb or Curbside: Refers to the Customers' property, within five (5) feet of the Public Street or Private
Road (or on the sidewalk without completely obstructing the sidewalk, if there is no Customer property
within five (5)feet of the PublicStreetor Private Road)without blocking driveways or on-street parking.
If extraordinary circumstances preclude such a location,Curbside shall be considered a placement suitable
to the Customer, convenient to the Contractor's equipment, and mutually agreed to by the City and
Contractor.
Customer:All account-holders and users of the Contractor's services within the City.
Date of Commencement of Service: October 1, 2021, which is the date that the Contractor agrees to
commence the provision of Services as described throughout this Contract, notwithstanding the early
service improvements referenced in Sections 4.2.14 and 4.3.
Date of Execution:The date that this Contract is executed by all signatories.
Day/Days:Calendar days unless otherwise specified.
Detachable Container:A watertight metal or plastic container equipped with a tight-fitting cover,capable
of being mechanically unloaded into a collection vehicle, and that is not less than one (1) cubic yard or
greater than eight(8)cubic yards in capacity.
Driveway: A privately-owned and maintained way that connects a Single-Family Residence or parking
area/garage/carport with a Private Road or Public Street.
Drop-box Container: An all-metal loose material or compactor container with ten (10) cubic yards or
more capacity that is loaded onto a specialized collection vehicle.
Environmental Law:Any applicable federal,state,or local statute, code,or ordinance or federal or state
administrative rule, regulation, ordinance, order, decree, or other governmental authority as now or at
any time hereafter in effect pertaining to the protection of human health or the environment.
Extra Unit: Excess material that does not fit in the Customer's primary Container. In the case of Garbage
and Compostables Cart services, an Extra Unit is 32-gallons. Extra Garbage may be contained in either a
plastic bag or Can and extra Compostables may be contained in either paper bag or Can In the case of
Garbage Containers one(1)cubic yard or more in capacity,an Extra Unit is 96-gallons.
Food Scraps: All compostable pre- and post-consumer food waste, such as whole or partial pieces of
produce, meats, bones,cheese, bread,cereals,coffee grounds,or egg shells,and food-soiled paper,such
as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other
paper products accepted by the Contractor's selected composting site.Food Scraps shall not include dead
animals, plastics, diapers,cat litter, liquid wastes,ashes, pet wastes,or other materials prohibited by the
selected composting facility.The range of materials handled by the Compostables collection program may
be changed from time to time upon the mutual agreement of the Parties to reflect those materials allowed
by the jurisdictional health department for the frequency of collection provided by the Contractor.
City of Auburn 3 November,2020
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Garbage: All putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to,
rubbish, ashes, industrial wastes, swill, demolition and construction wastes, dead small animals
completely wrapped in plastic and weighing less than fifteen (15) pounds, and discarded commodities
that are placed by Customers in appropriate Containers, bags, or other receptacles for collection and
disposal by the Contractor.Needles or"sharps"used for the administration of medication can be included
in the definition of"Garbage," provided that they are placed within a sealed,secure container as agreed
upon by the City and the Contractor and this handling is consistent with current County sharps policy.The
term "Garbage" shall not include Hazardous Wastes, Source-separated recyclable materials, or Source-
separated Compostables.
Hazardous Waste: Any hazardous,toxic, or dangerous waste, or material, or contaminant, pollutant, or
chemical,_known.or unknown,defined or identified as such in any existing or future local,state,or federal
law,statute,code,ordinance,rule, regulation,guideline,decree,or order relating to human health or the
environment or environmental conditions, including but not limited to any substance that is:
A. Definedas hazardous by 40 C.F.R. Part 261.3 and regulated as hazardous waste by the United
States -Environmental Protection Agency under Subtitle C of the Resource Conservation and
Recovery Act("RCRA")of 1976,42 U.S.C. §6901 et seq., as amended by the Hazardous and Solid
Waste Amendments:("HSWA")of 1984;the Toxic Substances Control Act,15 U.S.C.§2601 et seq.,
as may beamended;or any other federal statute or regulation governing the treatment,storage,
handling,or disposal of waste imposing special handling or disposal requirements similar to those
required by Subtitle C of RCRA;
B. Defined as dangerous or extremely hazardous by WAC 173-303-040, as may be amended, and
regulated as- dangerous waste or extremely hazardous waste by the Washington State
Department of Ecology under the State Hazardous Waste Management Act,Chapter 70.105 RCW,
or any other Washington State statute, regulation or rule governing the treatment, storage,
handling, or disposal of wastes and imposing special handling requirements similar to those
required by Chapter 70.105 RCW;and
C. Any substance that comes within the scope of this definition as determined by the City after the
Date of Execution of this Contract.
Any substance that ceases to fall within this definition as determined by the City after the Date of
Execution of this Contract shall not be deemed to be Hazardous Waste.
King County Disposal System: The facilities owned, leased, or controlled by King County,Washington for
the disposal of Garbage, or such other site as may be authorized by the current King County
Comprehensive Solid Waste Management Plan and the Interlocal Agreement between the City and King
County.
Mixed-Use Building: A structure inhabited by both Residential and Commercial Customers.
Multifamily Complex: Multiple-unit Residences with three(3)or more units attached or unattached units
billed collectively for Garbage collection service.
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Office Hours: The hours of 8:00 a.m. through 5:00 p.m., Pacific Standard Time, Monday through Friday
except for the holiday schedule specified in Section 4.1.6.
On-call: The provision of specified services only upon direct telephone, written, or e-mailed request of
the Customer to the Contractor.
Party: Either the City or the Contractor.
Parties:Both the City and the Contractor.
Private Road: A privately-owned and maintained way that allows for access by a collection vehicle.
Public Street:. A,public right-of-way used for public travel, including public alleys.
Recycling: The preparation, collection,transport, processing,and marketing of Recyclables.
Recyclables:The materials designated as being part of a Residential or Commercial Recycling collection
program,as listed in Exhibit B.
Residence/Residential:A single-family and/or multifamily dwelling individually rented,leased,or owned.
Services: Refers to the comprehensive.Garbage,Recyclables and Compostables collection and processing
services provided by the Contractor pursuant to this Contract.
Service Area:The service boundaries indicated in Exhibit A as of the Date of Commencement of Service,
which shall be the City's corporate boundaries.
Single-Family Residence: All one-unit houses,duplexes,and mobile homes that are billed individually and
located on a Public Street or Private Road.
Source-separated: Certain reclaimable materials that are separated from Garbage by the generator for
recycling or reuse, including but not limited to Recyclables,Compostables,and other materials.
Strike Contingency Plan: The plan the Contractor will develop pursuant to Section 4.1.18 of this Contract.
Transition and Implementation Plan: The plan that the Contractor will develop pursuant to Section 4.1.21
of this Contract.
Unacceptable Waste: Materials not allowed in the City's collection program, including but not limited to
highly flammable substances, Hazardous Waste, liquid wastes, special wastes, certain pathological and
biological wastes, explosives, toxic materials, radioactive materials, material that the disposal facility is
not authorized to receive and/or dispose of,and other materials deemed by state,federal or local law,or
in the reasonable discretion of the Contractor, to be dangerous or threatening to health or the
environment,or which cannot be legally accepted at the applicable disposal facility.
WUTC:The Washington Utilities and Transportation Commission.
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Yard Debris: Leaves, grass, prunings, branches and small trees. Materials larger than four (4) inches in
diameter or four(4)feet in length are excluded. Bundles of Yard Debris up to two(2)feet in diameter by
four (4) feet in length and no more than fifty (50) pounds, shall be allowed, and shall be secured by
degradable string or twine, not nylon or other synthetic materials. Un-flocked, undecorated whole
Christmas trees cut to less than six(6)feet in height are acceptable. Kraft paper bags or Cans labeled"Yard
Debris" may also be used to contain extra Yard Debris.
2.TERM OF CONTRACT
The Term of this Contract is ten (10)years from the Date of Commencement of Service.
3. CONTRACTOR REPRESENTATIONS AND WARRANTIES
The Contractor represents and warrants to the City as follows:
• Organization and Qualification.The Contractor is duly incorporated,validly existing, and in good
standingunder the laws of the state of Washington, and has all requisite corporate power and
- authority to enter into and to perform its obligations under this Contract.
• Authority.The Contractor has the authority to execute this Contract,to make the representations
and warranties set forth in it,and to perform the obligations of the Contractor under this Contract
in accordance with its terms. This Contract has been validly executed by an authorized
representative of the Contractor,with the authority to sign on behalf of and bind the Contractor,
and this Contract constitutes-a valid and legally binding and enforceable obligation of Contractor.
• Government Authorizations and Consents. The Contractor has or will obtain at its sole cost prior
to the Date of Commencement of Service any such licenses, permits, and other authorizations
from federal,state,and other governmental authorities,as are necessary for the performance of
its obligations under this Contract.
• Compliance with Laws. The Contractor is not in violation of, and will not knowingly violate, any
applicable laws,ordinances,or regulations,which may impact the Contractor's ability to perform
its obligations under this Contract or which may have any impact on the City. The Contractor is
not subject to any order or judgment of any court,tribunal,or governmental agency that impacts
its operations or assets or its ability to perform its obligations under this Contract.
• Accuracy of Information. None of the representations or warranties in this Contract,and none of
the documents,statements, reports,certificates,or schedules furnished or to be furnished by the
Contractor pursuant to this Contract or in connection with the performance of the obligations
contemplated under this Contract, at any time contain or will contain untrue statements of a
material fact or omissions of material facts.
• Independent Examination. In accepting and fulfilling responsibilities established by this contract,
the Contractor represents and affirms that it has made its own examination of all conditions
affecting the performance of this Contract, currently and into the future, and of the quantity,
quality,and expense of labor,equipment,vehicles,facilities, properties, materials needed,and of
applicable taxes,permits,and applicable laws.The Contractor affirms that within the Service Area
City of Auburn 6 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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it is aware of the present placement and location of in-place Containers. The Contractor
represents and warrants that it is capable of servicing Containers at their present locations, and
that it is capable of providing service to Customers in any areas of the Service Area that may be
built out or developed during the term of this Contract.
4.SCOPE OF WORK
4.1 General Collection System Requirements
4.1.1 Service Area
The-Contractor shall-provide.all Services pursuant to this Contract throughout the entire Service Area.
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,from the date of annexation,make collection in -
the annexed area in accordance with the provisions of this Contract at the unit prices set forth in this
Contract.
This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that their
WUTC certificates applicable to those areas(if any)shall be cancelled effective on the date of annexation
by the City. The Contractor expressly waives and releases its right to claim any and all 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 shall service any future annexation areas shall be seven (7) years
from the date of annexation, notwithstanding the term set forth in Section 1 of this Contract.
If 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
notification 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 will indemnify,hold
harmless and defend the Contractor from any and all claims, actions,suits, liability, loss, costs, expenses
and damages,including costs and reasonable attorneys'fees arising out of the Contractor's service in such
annexed territory under this Contract.
In the event that additional territory is added to the Service Area,the City acknowledges that equipment,
such as Contract-compliant vehicles and Containers, may take time to procure; and therefore, shall not
charge performance fees as outlined in Section 5.1 to the Contractor for reasonable delays in the provision
of services to annexed areas covered by this section due to procurement delays that are not within the
control of the Contractor.
4.1.2 Service to Residences on Private Roads and Driveways
The Contractor shall provide Curbside service to all Residences located on Private Roads,except as noted
in this Section.Drive-in charges are to be used only for requested service on Driveways and are prohibited
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on Private Roads. The Contractor shall use smaller limited-access service vehicles as necessary to provide
service to those Customers.
In the event that the Contractor believes that a Private Road cannot be safely negotiated or that providing
walk-in service on Driveways for Single-Family Residence Customers is impractical due to distance or
unsafe conditions, the Contractor may request that the City evaluate on-site conditions and make a
determination of the best approach for providing safe and appropriate service to the Customer. The City's -
determination shall be final, provided that the Contractor shall not be required to endanger workers,
equipment,or property.
If the Contractor believes that there is a probability of Private Road or Driveway damage,the Contractor
shall inform the respective Customer(s).and may require a road damage waiver agreement in a form -
previously approved by the City: In such'event, if the Customer(s) refuse to sign such a road damage
waiver, the Contractor may decline to provide service on those Private Roads or Driveways, and the
Customer(s)will only be serviced from the closest Public Road access.Such determination that damage is
probable must be approved in writing by the City prior to any action or refusal of service by the Contractor.
4.1.3 Hours/Days of Collection
All collections from Single-family-Residential Customers and Residential zones, including mixed-use areas
shall be made between the hours of 7:00 a.m. and 6:00 p.m. on a consistent weekday, unless the City
authorizes a temporary extension of hours or days.Same-day make-up collections for customers notifying
the Contractor of a missed collection by 4:00 p.m. may be performed until 8:00 p.m. Saturday collection
is allowed to theextentconsistent with missed collection recovery, holiday and inclement weather
schedules.
All collections from Commercial Customers may take place at any time deemed appropriate by Contractor
and Customer provided that service to those Customers shall neither disturb Residential Customers in
adjoining Residential zoned areas, nor violate the noise provisions of the City Municipal Code, as
amended.Collections from Commercial Customers within audible distance of Residential Customers shall
be made only between the hours of 7:00 a.m. and 6:00 p.m., and no earlier than 9:00 a.m. on Saturday.
Exemptions to the hour requirements may be granted in writing in advance by the City to accommodate
the special needs of Commercial Customers where allowed by the City Municipal Code. The City's noise
ordinance,as amended, may further restrict these terms and hours of collection.
4.1.4 Employee Conduct
The Contractor's employees collecting Garbage, Recyclables, or Compostables shall at all times be
courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their work
without delay, minimize noise, and avoid damage to public and private property. If on private property,
Contractor employees shall follow the regular pedestrian walkways and paths,returning to the street after
replacing empty Containers. Contractor employees shall not trespass or loiter,cross flowerbeds, hedges,
or property of adjoining premises, or meddle with property that does not concern them or their task at
hand. While performing work under the Contract, Contractor employees shall wear a professional and
presentable uniform with a company emblem visible to the average observer, and carry photo
identification on their person. At the City's option and direction, Contractor employees shall work with
groups or organizations,such as neighborhood community organizations,homeowner associations,or the
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City's Utilities, Police,or Fire Departments,for training to recognize and call the appropriate agency when
suspicious activities are observed.
If any person employed by the Contractor to perform collection services is, in the opinion of the City,
incompetent,disorderly,or otherwise unsatisfactory,the City shall promptly document the incompetent,
disorderly,or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a
demand that such conduct be corrected.The Contractor shall promptly investigate any written complaint
from the City regarding any unsatisfactory performance by any of its employees and take immediate
corrective action. The City reserves the right to request at any time that the employee be removed from
all performance of additionalwork under this Contract.The Contractor shall remove the employee from
Contract work within four hours of City notification.
4.1.5 Disabled Persons Service
The Contractor shall provide Single-Family carryout service from an exterior location convenient for the
Customer for Garbage, Recyclables, and Compostables in cases where no household member has the
ability to place Containers at the.Curb, at no additional charge. The Contractor shall use criteria that are
fair and meet the needs of the City's disabled residents. These criteria shall comply with all local, state,
and federal regulations,and shall be subject to City review and approval prior to program implementation,
which shall not be unreasonably withheld by the City.
4.1.6 Holiday Schedules
The Contractor shall observe the same holiday schedule as the King County Transfer Stations. When
observed holidays fall on a regular collection day,the Contractor shall reschedule the remainder of the
week of regular collection to the next succeeding business day, which shall include Saturdays. The
Contractor may not collect Single-Family Residence and Multifamily Complex Garbage, Recyclables, or
Compostables earlier than the regular collection day due to a holiday. Commercial collections may be
made one (1) day early only with the consent of the Commercial Customer. Holiday scheduling
information shall be included in written program materials, on the Contractor's web site, and by press
releases to general news media in the Auburn area by the Contractor the week prior to the holiday
affecting service.
4.1.7 Inclement Weather
The Contractor shall provide all collection services unless weather conditions are such that the Contractor
determines continued operation would result in danger to the Contractor's staff, area residents, or
property. In that event, the Contractor shall collect only in areas that do not pose a danger. When
inclement weather occurs,the Contractor shall notify the City by telephone or email of operation plans
by collection sector by 6:00 a.m. for that business day. Once Contractor vehicles are on-route, all areas
missed due to hazardous conditions shall be confirmed by a route supervisor, and an update of missed
collections by Customer type and vicinity shall be reported to the City not later than 6:00 p.m. that
business day. To the extent practical,the Contractor shall coordinate missed collections in Single-Family
Residence areas so that either all or none of their materials are collected. The Contractor shall provide
automated notification calls,texts,or e-mails(at Customers'preference)to all Customers missed that day
by 6:00 p.m.,with information about the planned make-up service schedule by material type.
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As conditions change, the Contractor will also promptly update its website with collection status and
detailed Customer instructions specific for each impacted service day. On each inclement weather day,
the Contractor shall release notices to local media as appropriate notifying residents of the modification
to the collection schedule.
For all Customers,the Contractor shall collect reasonable accumulated volumes of materials equal to what
would have been collected on the missed collection day(s)from Customers at no extra charge. Following
notification to the City, the Contractor will be provided temporary authorization to perform collection
services after regular collection hours and/or on Saturdays following disruptions due to weather in order
to finish collection routes.
The Contractor shall handle weather-related service interruptions as follows:
_ 1. Single Family Customers::: .Make-up collection service for Garbage, Recyclables, and
Compostables shall occur on that Customer's next regularly scheduled service day.
2. Multifamily Complex and Commercial Customers: Make-up collection service for Garbage,
Recyclables, and Compostables shall occur as soon as weather conditions allow for safe
operations.
If Garbage collection is interrupted for two consecutive weeks (for example:Wednesday Customers are
missed for two consecutive Wednesdays) due to inclement weather, the Contractor shall provide two
City-approved collection locations'' within the City Service Area where any Residential Customer,
regardless of collection day, may bring their Garbage for drop-off at no additional cost to the Customer.
Site locations shall be defined by the City. These sites shall remain open for collection until regularly
scheduled service resumes for those missed areas.
The Contractor and City will develop and implement a weather-related operations and communications
protocol to more specifically address management of service disruptions. This protocol will detail pre-
event and post-event inclement weather designation and recovery plans, as well as identifying potential
temporary collection sites. The inclement weather/disruption service requirements in the preceding
paragraphs may be changed upon mutual written agreement of the Contractor and City at anytime during
the term of this Contract to better serve Customers.
Weather policies shall be included in program information provided to Customers and on the Contractor's
city-specific webpage.
4.1.8 Suspending Collection from Problem Customers
The City and Contractor acknowledge that, in rare cases, some Customers may cause disruptions or
conflicts that make continued service to that Customer unreasonable.Those disruptions or conflicts may
include, but not be limited to, repeated damage to Contractor-provided containers, repeated suspect
claims of timely set-out followed by demands for return collection at no charge,repeated unsubstantiated
claims of Contractor damage to a Customer's property, repeated contamination of Recyclables or
Compostables, repeated instances of Unacceptable Waste included in Garbage,or other such problems.
The Contractor shall make every reasonable effort to provide service to those problem Customers;
however,the Contractor may deny or discontinue service to a problem Customer after prior written notice
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is given to the City of the intent to deny or discontinue service,including the name,service address,reason
for such action,and whether reasonable efforts to accommodate the Customer and provide services have
occurred and failed. If the Customer submits a written appeal to the City objecting to the Contractor
decision,the City may,at its discretion,intervene in the dispute. In this event,the decision of the City shall
be final.The City may also require the denial or discontinuance of service to any Customer who is abusing
the service or is determined to be ineligible.
4.1.9 Missed Collections
If Garbage, Recyclables, or Compostables are set out inappropriately, improperly prepared, or
contaminated with unacceptable materials,the Contractor shall place in a prominent location a written
notification tag in accordance with the Contractor's Contamination Reduction Plan that identifies the
specific•problem(s) and reason(s) forrejecting the materials for collection. Failure to provide proper
written notification to Customers, per the Contamination Reduction Plan referenced in Section 4.1.11,of
the reason for rejecting materials for collection shall be considered a missed collection and subject to
performance fees due to lack of proper Customer notification.
The failure of the Contractor to collect Garbage, Recyclables, or Compostables that have been set out by
a-Customer in the proper manner on the appropriate day shall be considered a missed collection,and the
Contractor shall collect the materials from the Customer within one business day of the Contractor's
receipt of notification of the missed pick-up.The Contractor shall maintain an electronic record of all calls
related to missed collectionsand the response provided by the Contractor. Such records shall be made
available for inspection upon request by the City,and the information shall be included in monthly reports.
(See Reporting requirements set forth in Section 4.3.4).
If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor,
which the Contractor can prove through documentation (e.g.,the Containers were not placed at the curb
on time and the driver documented that fact in a log,with a photograph,etc.),the Contractor may charge
the Customer a return trip fee for this service,provided the Contractor notifies the Customer of this charge
in advance and the Customer agrees to payment of the return trip fee.The Contractor will not be liable
for a missed collection in such case.
4.1.10 Same Day Collection
Garbage, Recyclables,and Compostables collection shall occur on the same regularly scheduled day of the
week for Single-Family Residence Customers. The collection of Garbage, Recyclables, and Compostables
from Multifamily Complexes and Commercial Customers need not be scheduled on the same day.
4.1.11 Requirement to Recycle and Compost and Quality Assurance
The Contractor shall recycle or compost all Source-separated Recyclables and Compostables collected,
unless express prior written permission is provided by the City.The Contractor shall use facilities that:
• Process materials to a high standard to maximize the recovery and recycling of all incoming
recyclable and compostable materials;
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• Are operated to minimize cross-contamination of materials that would result in otherwise
Recyclable materials being misdirected to a market or disposal where they would not be
recovered;
• Are designed and operated to minimize the residual stream of otherwise recoverable materials
destined for disposal.
• Have sufficient preprocess and screening staff and equipment to ensure that otherwise - -
recoverable materials are not cross-contaminated and rendered non-recyclable due to the nature
of the processing facility.
The City and Contractor agree that the Contractor is being fully compensated torecycleor compost these
collected materials, and that maximum cost-effective diversion of Recyclables and Compostables from
disposal is a.primary objective of the services provided under this Contract.
Concurrently with the start of this Contract, the Contractor shall implement a Contamination Reduction
Plan for Recyclables and Compostables for tagging, probationary periods, material rejection, and
suspension of service. Contamination Reduction Plan elements will be highlighted that differ between
collection sectors (Single-Family, Multifamily, Commercial, and Drop-box).The Contamination Reduction
Plan will address thresholds for when contamination levels trigger Customer contact, when to place a
Customer on service probation for possible discontinued collection, when to suspend collection service
and remove the subject Carts or Containers,and finally but not limited to,procedures to allow a Customer
to reinstate and resume service after it has been suspended after following established contamination
reduction protocols. The Contractor shallimplement the Contamination Reduction Plan for all Customers
andshallnotify the City via email of any.Customer being charged contamination fees or facing service
suspension.Specific actions are listed in Section 4.3.5 for the Contractor to address contamination issues
at Multifamily Complexes.
The Contractor and City shall annually update these procedures to ensure that contamination problems
are addressed promptly and fairly for all sectors. No later than November 1 of each year of the Contract,
the Contractor and/or City shall propose any desired changes to the Contamination Reduction Plan for
the following calendar year. The Contractor and City shall mutually agree upon changes to the plan by
December 31 of each year to continuously improve Recyclables and Compostables material quality.
The City reserves the right to engage in product stewardship and/or waste prevention activities, and
Contractor acknowledges that product stewardship systems may alter the composition or quantity of
Recyclables set out for collection. Based on waste prevention, product stewardship efforts, or changed
market conditions,the City may elect to remove one or more materials from the Exhibit B list. The Parties
agree to determine if such removal from the Exhibit B list creates significant costs or savings, and to
explore changes in compensation per Section 5.3.
4.1.12 Routing,Notification,and Approval
The Contractor shall indicate,on a map acceptable to the City,theday of the week Garbage, Recyclables,
and Compostables shall be collected from each Single-family Residence.
The Contractor may change the day of collection by giving notice at least thirty (30) days prior to the
effective date of the proposed change and obtaining written approval from the City. On the City's
approval, the Contractor shall provide affected Customers with at least fourteen (14) days written,
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telephone, and/or e-mail notice of pending changes of collection day. The Contractor shall obtain the
prior written approval from the City of the notice to be given to the Customer;such approval shall not be
unreasonably withheld.
4.1.13 Vehicle and Equipment Type/Age/Condition/Use
The Contractor shall use new 2021 or later model year collection vehicles for Garbage, Recyclables, and
Compostables collection services performed under this Contract. Back-up vehicles used fewer than thirty
(30) operating days a calendar year shall not be subject to the age that apply to regularly-used vehicles,
but shall be presentable,shall be in safe working order,and shall be subject to all other conditions of this
section. The accumulated annual use of individual back-up vehicles shall be reported in the Contractor's
monthly report.
Vehicles used in the performance of this Contract shall be of sufficient size and dimension to provide
service to all Customers, regardless of location. In some cases, this may mean that a small collection
vehicle,capable of servicing narrow and/or tight locations must be used,and the Contractor shall procure,
maintain, and operate those vehicles to ensure collection services are provided throughout the Service
Area.
Vehicles shall be maintainedin a clean and sanitary manner,and shall be thoroughly washed at least once
each week:All collection equipment'shall have appropriate safety markings,including all highway lighting,
flashing andwarning lights, clearance lights, and warning flags, all in accordance with current statutes,
rules, and regulations. Equipment shall be maintained in good condition at all times. Vehicles shall be
repaired and/or have damaged areas repainted upon showing rust on the body or chassis or at the request
of the City.All parts and systemsof thecollection vehicles shall operate properly and be maintained in a
condition compliant with all federal,state,and local safety requirements and be in a condition satisfactory
to the City. All vehicles shall be equipped with variable tone or proximity activated reverse movement
back-up alarms.
The Contractor shall maintain collection vehicles and Containers to ensure that no liquid wastes (e.g.,
Garbage or Compostables leachate)or oils(e.g.,lubricating,hydraulic,or fuel)are discharged to Customer
premises or streets.Any equipment not meeting these standards shall not be used within the Service Area
until repairs are made. All collection and route supervisor vehicles used by the Contractor shall be
equipped with a minimum 10-gallon capacity spill kit. Clean-up of any discharge of liquid wastes or oils
that may occur from Contractor's vehicles or Containers shall be initiated within three (3) hours of being
noticed/notified by route staff,customers,or the City,and shall be performed by the Contractor at its sole
expense. Such clean-up or removal shall be documented with pictures, and notice of such clean-up shall
be provided to the City in writing.The Contractor shall notify the City-designated spill reporting telephone
number of any spills that enter drainages within four(4) hours. Failure by the Contractor to clean-up the
discharge in a timely fashion to the satisfaction of the City shall be cause for performance fees, as
described in Section 6.1.The Contractor shall notify the City and the Customer of any leakage from non-
Contractor-owned Containers within four(4)hours of observation so that repairs may be made in a timely
manner.
No advertising shall be allowed on Contractor vehicles other than the Contractor's name, logo, customer
service telephone number, and website address, unless otherwise previously approved in writing by the
City.Special promotional messages may be permitted by the City;provided they are either painted directly
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on vehicles or on placards attached to vehicles. The City's approval must be granted in writing. Vehicle
inventory numbers shall be displayed on the passenger(right)door and rear panel of the vehicle body and
shall show,in lettering at least 12" high,an abbreviated truck designation number specific to the City. For
example, AUB-1, AUB-2, etc., limited to a two digit letter and numeral to aid in rapid identification of
vehicles to allow more precisereporting and correction of any unsatisfactory condition related to specific
vehicles. The City may approve a different numbering system proposed by the Contractor provided that
it meets the objective of rapid and memorable truck identification
All Contractor route, service, and supervisory vehicles shall be equipped with properly licensed two-way
communication equipment,capable of communicating within the entire Service Area.Collection vehicles
shall also be equipped with back-up cameras,as well as route-recording cameras integrated with their on- _
board route management system.
All collection vehicles shall be equipped with global positioning systems ("GPS"), as well as an on-board
computer and data tracking system to track route progress and log non-set-outs,extras,and other service
issues.The system shall incorporate photo documentation of all route exceptions (such as "extras"), and
shall document persistent on-route service issues for a particular Customer with repeated complaints.
The Contractor's drivers shall be fully trained and required to use these systems. The resulting data shall
be uploaded to the Contractor's Customer service database no less than hourly to allow Customer service
and route management personnel to be fully apprised of route progress, and be able to address misses
• and other Customer inquiries in near real-time.
4.1.14 Container Requirements and Ownership -
Contractor Garbage fees in Exhibit D include all costs of the associated Containers unless Container rental
for a particular service is specifically listed in Exhibit D,such as rent for Drop-box Containers.
Single-Family Residence, Multifamily Complex,and Commercial Customers must use Contractor-provided
Containers for their initial Container of Garbage collection service,with the exception of compacting Drop-
box Containers, which may be Customer-owned or leased from other parties and compatible with
Contractor's equipment. Plastic bags or Cans may be used for excess volumes of Garbage, but not as a
Customer's primary container.
All micro-cans, Cans, and Carts made obsolete at the start of this Contract that are unwanted by the
Customer, and not collected by the previous contractor shall be collected by Contractor and reused or
recycled at no additional charge during the first thirty(30)days following the Date of Commencement of
Service. In the event the Customer retains and uses a Can for Extra Units,the Contractor shall handle the
Customer-owned Garbage Container in such a way as to prevent undue damage.The Contractor shall be
responsible for rectifying all Contractor-caused unnecessary or unreasonable damage to Customer-owned
Containers.
All Contractor-provided Containers shall be permanently,clearly,and prominently molded-in,molded-on,
imprinted, or otherwise labeled in a fashion that any reasonable person can readily determine the size
capacity and material preparation requirements of the Container. Contractor-provided Containers shall
not be screened, molded-in, molded-on, imprinted, or otherwise permanently labeled with the
Contractor's logo or company name. Contractor-provided Containers shall be delivered in fully working
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condition without needed maintenance,repairs,and/or painting,and free of residue and odors from prior
use.
In the event that a particular Customer repeatedly damages a Container or requests more than one
replacement Container during the term of the Contract or due to negligence or misuse,the Contractor
may charge the Customer for the replacement value of the Container and shall forward in writing the
Customer's name and address to the City with a full explanation of incident(s). In the event that the
problem continues,the Contractor may discontinue service to that Customer, provided the City provides
prior written approval.
4.1.14.1 Garbage, Recyclables,and Compostables Carts
The Contractor shall provide a 20-, 35-, 45-, 64-, and 96-gallon Garbage Carts for the respective level of
Garbage collection, 35-, 64-, and 96-gallon Carts for Recyclables collection, and 35-, 64-, and 96-gallon
Compostables Carts for Compostables collection. All Carts shall be manufactured from a minimum of
fifteen percent(15%) post-consumer recycled plastic,with a lid that will accommodate a label. Carts shall
be provided to requesting Customers within seven (7) days of the Customer's initial request. All Carts
provided to Residential Customers during the first year of this Contract shall be in new condition.
All Contractor-provided Carts shall be maintained by the Contractor in good condition for material storage
and handling; contain no jagged edges or holes;contain wheels or rollers for movement and be equipped
with an anti-skid device or sufficient surface area on the bottom of the container to prevent unwanted
movement.Carts shall contain instructions for proper use,including any Customer actions that would void
manufacture warranties (such as placement of hot ashes in the container causing the container to melt),
and procedures to follow to minimize potential fire problems.
Collection personnel shall proactively note damaged hinges, holes, poorly functioning wheels, and other
similar repair needs for Contractor-provided Carts (including those for Garbage, Recyclables, and
Compostables), and forward written or electronic repair notices that business day to the Contractor's
service personnel. Repaired or replacement carts shall be provided within seven (7) days at the
Contractor's expense.Any Cart that is damaged or missing due to an accident,collection truck mechanical
error,act of nature or the elements,fire,or theft or vandalism by a third party shall be replaced no later
than three (3) business days after notice from the Customer or the City at the Contractor's expense. In
the event that a Cart is inadvertently lost into a collection vehicle during collection due to mechanical or
operator error,the Contractor shall inform the Customer that business day via door-hanger that their Cart
was inadvertently collected and will be replaced within one business day. All Cart repairs and
replacements shall be at no charge to the Customer unless the Customer's negligence has caused the
damage.
4.1.14.2 Detachable Containers and Drop-box Containers
The Contractor shall furnish and install 1-, 1.5-,2-,3-,4-,6-,and 8-cubic yard Detachable Containers,and
10-, 20-, 30-, and 40-cubic yard un-compacted Drop-box Containers to any Customer who requires their
use for storage and collection of Garbage or Recyclables within three (3) days of the Customer's request.
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Containers shall be located on the premises in compliance with any related ordinance, and a manner
satisfactory to the Customer and for collection by the Contractor.
The Contractor shall charge rent for temporary and permanent Drop-box Container service in accordance
with Exhibit D. The Contractor may not charge Customers any additional fees, charges, rates, or any
expenses in connection with Drop-box Container service other than the applicable fees listed in Exhibit D.
Detachable Containers shall be watertight and equipped with tight-fitting metal or plastic covers; have
four (4) wheels for Containers 4-cubic yards and under unless site-specific conditions (slope or service
access) dictate the use of a non-wheeled Container; be in good condition for Garbage, Compostables, or
Recyclables storage and handling;be safe for the intended use;and,have no leaks,jagged edges,or holes.
Drop-box Containers shall be all-metal, and if requested by a Customer, equipped with a tight-fitting
screened or solid cover operated by a winch in good repair.
The Contractor shall contact the City's Fire Marshal and obtain a determination concerning the conditions
under which plastic Detachable Containers may be used, typically placed less than 10 feet from any
combustible materials. The Contractor may use plastic Detachable Containers at all locations where
allowed by the City's Fire Marshal. Each plastic Detachable Container shall be;marked with an additional
sticker warning Customers and the Contractor's staff where the Container may be placed as determined
by the City's Fire Marshal.
Detachable Containers shall becleaned,reconditioned, and repainted(if necessary), at the Contractor's
expense before being delivered to a Customer. Steel Containers shall be repainted as needed,or upon
notification from the City. The Contractor shall provide a fee-based On-call Container cleaning service to
Customers.
All Containers on Customers' premises are at the Contractor's risk and not the City's.The Contractor shall
repair or replace within one (1) business day any Container that was supplied by or taken over by the
Contractor and was in use if the City personnel, King County Health Department inspector,or other agent
having safety or health jurisdiction determines that the Container fails to comply with reasonable
standards or constitutes a surface water contamination, health,or safety hazard.
The Contractor shall place Detachable Containers in areas mutually agreed upon by the Contractor and
Customer with the least slope and best vehicle access possible. For Customers that must stage their
Detachable Containers on Public Streets or on significantly sloped hills,the Contractor shall make a good
faith effort to work with the Customer to ensure that Detachable Containers are not left unattended in
potentially problematic staging areas and are sufficiently restrained such that the Container may not roll
and cause harm to persons or property. The Contractor may require a Customer to attend to the
Containers immediately prior to and after collection.Any disputes arising between the Contractor and a
Customer as to what constitutes a "significantly sloped hill" or a "safety hazard" shall be submitted in
writing to the City,and the City's decision shall be final.Containers shall be replaced after emptying in the
same location as found,with all lids closed.
Customers may elect to use Containers from other sources, and shall not be subject to discrimination by
the Contractor regarding collection services, provided that such Containers are compatible with the
Contractor's collection equipment; however, Containers owned or secured by Customers must be
properly labeled with Contractor-provided stickers to be eligible for collection (except in the case of
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compactor Containers). The Contractor is not required to service Customer Containers that are not
compatible with the Contractor's equipment.
4.1.14.3 Ownership
At the end of the Contract Term or in the event the Contract is terminated for any reason,any Contractor-
owned Containers used by Contractor to provide Contract Services (including any Big Belly litter
receptacles),shall,at the option of the City,revert to City ownership without further compensation to the
Contractor.Containers that do not revert to City ownership shall be removed from Customer locations by
the Contractor within thirty(30)days of the expiration of this Contract. Temporary Containers,Compactor
Drop-boxes leased to Customers outside of this Contract, and all Containers held in reserve at the
Contractor's yard and not actively in service at a Customer location are excluded from this provision.
The City may elect to assign this potential ownership of said Containers to a third-party,and shall provide
written notice to the Contractor. Any remaining warranties associated with the Containers described
herein shall be transferred to the City or the City's assignee.
The City in advance accepts all such Containers in their"as-is,where-is"condition and without any express
or implied warranty by the Contractor of any kind,including but not limited to any warranty of fitness for
any particular purpose or any warranty"of merchantability. As between the City and the Contractor,the •
City assumes all risks of loss or liability on account of the City's exercising of its rights under this Section
- - 4.1.14.3 or any use made of any such Containers after they become the property of the City or assignee
of the City.
4.1.14.4 Container Colors and Labeling
Contractor-provided Carts and Detachable Containers for Recyclables shall be blue, Compostables Carts
shall be green, and Carts and Detachable Containers for Garbage shall be grey. Specific Container colors
shall be approved in writing by the City prior to the Contractor's initial order of new Containers.
All Carts, including new and those in place at the beginning of this Contract,shall be labeled with material
preparation,and contact information that includes both the Contractor's customer service phone number
and the City's website address. All Carts shall be embossed or labeled with the type of material to be
placed in the cart with lettering no less than two inches high on both sides of the Cart.All label messaging
and embossed lettering shall be approved by the City prior to ordering by the Contractor. Label location
and label placement guidelines on Carts shall be subject to the City's prior approval. Labels shall be
reapplied when faded, damaged, or upon the City or customer request. If the Garbage, Recycling, or
Compostables collection program instructions on affixed labels becoming obsolete,the Contractor at their
sole expense shall produce and affix labels featuring current information on all Carts.
All Detachable Containers and Drop-box Containers to be used for Garbage or Recyclables collection shall
have materials preparation instructions and telephone/contact information, including both a customer
service phone number and a website address, printed on a sticker, and subject to the prior written
approval of the City. All Detachable Containers and Drop-box Containers to be used for Garbage or
Recyclables shall have a sticker affixed that states: "Leaky dumpster? Damaged Lid?" and provides the
Contractor's applicable phone number to call for repair or. replacement. Information shall be printed in a
size that is easily read by the users,on durable UV-resistant label stock squarely affixed to each Container.
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Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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All labels shall be approved in writing by the City prior to ordering by the Contractor. Label location and
label placement guidelines on Containers shall be subject to the City's prior written approval.
All Contractor-provided Containers shall be relabeled by the Contractor if labels fade or are unreadable,
or upon City's request for any individual Container.
4.1.14.5 Container Weights
The Contractor shall not be required to lift or remove materials from any Container exceeding the safe
working capacity of the Container, lifting mechanism or collection vehicle. For Drop-box Containers,the
combined weight of the Drop-Box and contents must not cause the collection vehicle to exceed legal road
weight limits.
Any loose Extra Units that are not placed in a Container and must be manually loaded shall be limited to
fifty(50) pounds per bag or bundle unless otherwise authorized by the Contractor.
4.1.14.6 Container Removal Upon City or Customer Request
The Contractor shall remove all Containers upon service cancellation within seven (7)days after the final
service date for which Customer payment is anticipated, or upon three (3) days of specific Customer,
property manager, property owner, or.the City's request. Failure to remove Containers within the
specified timeline shall be subject to the same performance fees as delayed Container delivery for that
Customer sector. The contents of removed Containers shall be managed as if they were collected on a
regular route (e.g., Recyclables shall be recycled, Compostables shall be delivered for composting). The
disposal or recycling of materials accumulating in the Contractor's Container at the former Customer's
location after the final Customer-paid collection shall be at the Contractor's cost, not the former
Customer's cost.
4.1.15 Inventory of Vehicles and Facilities
The Contractor shall provide to the City, on the Date of Commencement of Service of this Contract, a
complete initial inventory of the vehicles and facilities to be used in the performance of this Contract. The
inventory shall include each vehicle (including chassis model year, type of body, material collected,
capacity, model, and vehicle identification number) and each facility to be used in performance of this
Contract(including address and purpose of the facility).The Contractor may change vehicles and facilities
from time to time, and shall include the revised inventory in the monthly report provided for in Section
4.3.4.1.The Contractor shall maintain vehicles and facilities levels during the performance of this Contract
at least equal to those levels described in the initial inventory. The City reserves the right to request
maintenance history logs for vehicles or equipment during the performance of this Contract.
4.1.16 Spillage and Leakage of Vehicle Contents
All materials collected by the Contractor shall be completely contained in collection vehicles at all times.
Hoppers on all collection vehicles shall be cleared or emptied frequently to prevent blowing or spillage of
debris.All Drop-Box loads(both open and compactor)shall be properly and thoroughly covered ortarped
to prevent any spillage of material prior to Contractor vehicle entering any Private Road or Public Street.
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Any Contractor-caused spillage or leakage of materials, whether reported by Customers, Contractor
employees, or the City, shall be cleaned up or removed by the Contractor within four (4) hours of
occurrence at Contractor's sole expense. Such spillage or leakage shall be contained immediately by
Contractor employees, including immediate deployment of on-board "spill kits" to prevent or limit any
materials from entering the City's municipal stormwater system.
The Contractor shall develop spill response procedures for review and approval by the City before
initiating any work under this Contract. Prior to operating any vehicle in the City, all Contractor vehicle
drivers shall be provided with hands-on training on the location, maintenance,and use of"spill kits" and
associated containment and notification procedures.Such training shall be provided to all vehicle drivers
at least annually.
The Contractor shall be responsible for reimbursement of all City-incurred costs in the event that City staff
or agents subsequently provide spill containment or clean-up of spillage or leakage caused by the
Contractor.
In the event of leakage from Contractor vehicles or any Containers, the Contractor shall notify the
designated City contact and provide documentation including pictures taken before and after clean-up or
removal, along with incident description and location, how and when Contractor learned of the incident,
and a summary'of measures used to correct the incident.This information will be reported via e-mail to
the Contract administrator within one(1) business day of the incident.
If the leakage is due to faulty door or gate seals on Contractor's equipment, repairs shall be completed
before the equipment returns to operation in the City.Any Contractor-supplied Container reported to be
leaking by the City, Contractor employees, or Customers shall be replaced by the Contractor within one
(1) business day of notification.
Leakage or spillage not cleaned up or removed by the Contractor within the required time frame shall be
cause for performance fees as described in Section 6.1, and may also be subject to fines and penalties
pursuant to City municipal code. Contractor expressly acknowledges it is solely responsible for any local,
state, or federal violations which may result from leakage or spillage ,resulting from Contractor's
operations.
Failure of the Contractor to comply with all clauses in this Section shall be cause for performance fees,as
described in Section 6.1.
4.1.17 Disruption Due to Construction
The City reserves the right to construct any improvement or to permit any such construction in any Public
Street in such manner as the City'may direct, which may have the effect for a time of preventing the
Contractor from traveling the accustomed route or routes for collection;However,the Contractor and the
City shall develop a reasonable workaround to enable the Contractor to continue to collect Garbage,
Recyclables,and Compostables to the nearest extent possible as though no interference existed upon the
streets or alleys normally traversed.These services shall be performed at no extra fee or cost to the City
or the Contractor's Customers.
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Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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4.1.18 Contractor Labor Negotiations,Strike Contingency Planning,and Performance During Labor
Disruption
No later than ninety (90) days prior to the expiration of any labor agreement associated with services
performed under this Contract,the Contractor shall provide the City in writing with its planned response
to labor actions that could compromise the Contractor's performance under this Contract. The
Contractor-prepared Strike Contingency Plan shall address in detail:
1. The Contractor's specific staffing plan to cover Contract services, including identification of staff
resources moved from out-of-area operations and the use of local management staff to provide
basic services. The staffing plan shall be sufficient to provide recovery of full operations within
one(1)week following the initiation of the disruption.
2. Contingency training plans to ensure that replacement and management staff operating routes
areable to continue to collect route data and follow collection and material delivery procedures
for all material streams collected from Customers.
3., Identification of staffed temporary Drop-box Containers or staffed packer truck locations for all
material streams. For all sites,identified in the Contractor-prepared Strike Contingency Plan,the
Contractor shall list the property owner/lessee's contact information and the date on which
permission for temporary use was received.The City shall review these locations,after which the
City shall approve or deny in writing use of specific locations.
4. A-recovery plan to address how materials will be collected in the event of a short-notice disruption
(e.g., a wildcat strike)that does not allow the Contractor to collect all materials on their regular
- schedule within one(1)week following the initiation of the disruption.
The Contractor shall keep the City informed of the status of active labor negotiations on a timely basis.
During the period active negotiation phase near the end of labor contracts with Contractor employees or
at any time when strike authorization is under active consideration by Contractor's employees, the
Contractor shall keep the City informed on a daily basis. In the event that labor disruptions of any kind
result in reductions in service delivery,the Contractor shall inform the City within three(3)hours by phone
and e-mail of the nature and scope of the disruption,as well as the Contractor's plans for activating Strike
Contingency Plan elements. The Contractor shall report to the City via e-mail the areas (per a detailed
map) and customer counts of served and un-served customers by material stream and service sector at
the close of each service day on which collection operations have been impacted.
During recovery from the impacts of an active Labor Disruption, the Contractorshall provide make-up
collection on Saturday for all Single-family Garbage,Compostables,and Recyclables collection Customers
missed as a result of the Labor Disruption.
In the event that a disruption lasts more than one (1) week for Garbage and Compostables or two (2)
weeks for Recyclables for Single-family Residential Customers, the Contractor with approval of the City
shall provide staffed Drop-box Containers and/or staffed packer trucks for Customer use for each affected
material stream in approved locations throughout the affected service areas. The Contractor will also
provide the collection of the equivalent volume of each material that would normally have been collected
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if no Labor Disruption had occurred, at no additional charge on the next regular collection day for each
material.
The City and Contractor agree that the following special compensation and performance fees reflect the
best estimate of the impacts of the Labor Disruption to Customers and the City. (In addition to any
regularly due Administrative fee) The Contractor shall pay the City monthly by the tenth day of the
following month:
1. A performance fee of two thousand five hundred dollars ($2,500) a day for each day of Labor
Disruption from the 1st day to the 7th day of the Labor Disruption; -
2. A performance fee of five thousand dollars($5,000) a day for each day of Labor Disruption from
the 8th day to 14th day of the Labor Disruption;and
3. A performance fee of ten thousand dollars ($10,000) a day for each day of Labor Disruption for
every day beyond the 14th day of Labor Disruption.
The performance fees listed as 1 through 3,above,are intended to apply to any complete work stoppage
where alternative but substantially equivalent service by non-striking employees is not provided by the
Contractor or otherwise.. In the event substantially equivalent service is provided by the Contractor
through the employment of non-striking employees at any point during the course of the labor disruption,
the Contractor is entitled to reduce the amount of the performance fees that otherwise would be due on
a pro-rata basis,based on the percentage of Contract service provided to Customer provided on that day.
Given the nature of the array of pervasive service interruptions arising from labor disruptions, the
Contractor shall not be allowed any cure period opportunity; provided, however,that the City may elect
to receive the equivalent value of additional services, as negotiated, in lieu of some or all of these labor
disruption-specific performance fees.
The Contractor's failure to comply with the Contractor-prepared Strike Contingency Plan of this section
shall be subject to a special fee of five hundred dollars ($500) per day for its non-compliance during the
Labor Disruption event as determined solely by the City.This special fee is separate compensation to the
City for the Contractor's failure to plan and execute the provisions of this section.The special fee shall be
paid to the City within thirty(30)days of the Contractor's receipt of the City's invoice.
Fees paid by the Contractor under the terms of this Section 4.1.18 are not regular performance fees for
the purposes of Section 6 and shall not be counted in the cumulative performance fee default threshold
referenced in Section 6.2(6).
4.1.19 Site Planning and Building Design Review
The Contractor shall,upon request and without additional cost,make available site planning assistance to
either the City and/or property owners or their representatives. The site planning assistance shall be
available for all new construction or remodeling of buildings and structures within the Service Area, and
shall address the design and planning of Garbage, Recyclables, and Compostables container storage and
Contractor service access areas and their location upon the site of the proposed construction or
remodeling project. Contractor planning assistance for optimizing loading docks and other areas shall also
be available for existing building managers when realigning Garbage, Recyclables, and Compostables
services. Contractor planning assistance shall be provided within five (5)working days of request.
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Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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Assistance shall include,but not be limited to,reviewing and providing comments on building designs and
site plans to ensure that those designs and plans incorporate:
• Garbage, Recyclables, and Compostables removal areas and their location upon the site of the
proposed construction or remodeling project;
• Adequate floor and vertical space for the storage and collection of Containers for all materials;
• Adequate access forvehicles to collect and empty Containers, including overhead clearance,
- -turning radius, and access that does not require backing across sidewalks or violating any City
code;
• Avoidance of surface water drains and ditches when considering Container locations and
developing strategies for containment of any potential leaks; and,
• Strategies to reduce interior and exterior noise and emissions.
All communications regarding this process shall be conducted electronically via email.
4.1.20 Safeguarding Public and Private Facilities
Contractor shall protect all public and'private improvements, facilities, and utilities whether located on
public or private property, including, but not limited to, streets, curbs, signs/posts, light poles, and
planting strips. If such improvements,facilities,utilities,or streets are damaged as a result of Contractor's
operations, Contractor shall notify the City in writing of all damage within four(4) hours, and Contractor
shall repair-or replace the same or pay the City for the costs of repairs, including overhead and
administrative costs. If the damage creates a public safety issue that requires an immediate response,
Contractor shall, along with notifying the City in writing, call the City to inform them of such matter. If
Contractor fails to do so within seven (7.) days unless mutually agreed, the City shall cause repairs or
replacement to be made, and the cost, including overhead and administrative costs, of doing so shall be
paid by the Contractor.
4.1.21 Transition and Implementation of Contract
The Contractor shall develop, with the City's input and prior written approval, and submit to the City no
later than one hundred and twenty days (120) days after the Date of Execution of this Contract, a
Transition and Implementation Plan for introducing the new and revised services to the different
Customer sectors (i.e., Single-family, Multifamily Complex, and Commercial Customers), and detailing a
specific timeline as to when different activities and events will occur, including details of Container
delivery, how different events impact other events in the timeline and the process to be used to ensure
that implementation occurs with no disruption. The Transition and Implementation Plan shall cover the
entire period following the Date of Execution of this Contract,up through and including the six(6) month
period following the Date of Commencement of Service.The Contractor shall separately describe in detail
what is involved with each of the activities and events listed in the timeline. The Transition and
Implementation Plan shall specifically address how the Contractor intends to proceed in the event of
inclement weather and what contingency plans will be in place to accelerate implementation if Container
delivery or other planned activities are impacted by inclement weather.
The Contractor shall be responsible for funding all the design, development, printing, sorting, mail prep,
delivery, and mailing costs, including the cost of the postage-prepaid mail-back cards and any costs
associated with the website ordering services, and of all new and continuing service and educational
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Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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materials described above and needed to comply with the Transition and Implementation Plan outreach
described in this section of the Contract.
Unless otherwise directed by the City, any additional promotional, educational, informational, and
outreach materials provided by the Contractor to Customers in connection with the initial transition and
implementation of-the Contract shall be designed, developed, printed, and delivered by the Contractor,
at the Contractor's cost, and subject to the City's prior review and written approval and the City's final
approval as to method of delivery. The City will be provided a minimum of two (2) weeks to review the
outreach materials-included in the Contractor's Transition and Implementation Plan schedule to allow
sufficient time for the City's prior review and written approval.
4.1.22 Performance Review
The City may, at its option, and upon reasonable notice to the Contractor, conduct a review of the
Contractor's performance under this-Contract. If conducted,the performance review shall include, but is
not limited to, a review of the Contractor's performance relative to requirements and standards
established in this Contract, including Customer service standards. The Contractor agrees to fully
cooperate with the performance review and work with City staff and consultants to ensure a timely and
complete review process.
The results of the performance review shall be presented to the Contractor within thirty (30) days of
completion. Should the City,determine that the Contractor fails to meet the Contract performance
requirements and standards, the City shall give the Contractor written notice of all deficiencies. The
Contractor shall have sixty (60) days from its receipt of notice to correct deficiencies to the City's
satisfaction. If the Contractor fails to correct deficiencies within sixty (60) days, the City may allow the
Contractor additional time to comply, accept other remedies for the service failure, or proceed with the
contract default process pursuant to Section 6.2 of this Contract,at the City's sole option.
The costs of the development and implementation of any action plan required under this Section 4.1.22
or Section 6.1 for the purpose of addressing failures on the part of the Contractor to perform in
accordance with the terms and conditions of this Contract shall be paid for solely by the Contractor, and
the costs of developing or implementing such action plan shall not be passed on to Customers or the City,
or included in rates or fees charged to Customers.
The City may, at its option, and upon reasonable notice to the Contractor, design and implement an
alternative annual Contract compliance monitoring program with or without Contractor performance
incentives. If such a program is desired by the City, the City and Contractor agree to negotiate in good
faith the monitoring methodologies used to ensure accurate and unbiased sampling of performance data.
The City shall bear the costs of City staff, City-retained consultants and performance incentives (if used)
and the Contractor shall bear the costs of Contractor staff and route costs to perform the monitoring.
4.1.23 Continual Monitoring and Evaluation of Operations
The Contractor's supervisory and management staff shall be available to meet with the City at either the
Contractor's office or City's offices, at the City's option, on a weekly basis during the period three (3)
months before and two(2)months after the Date of Commencement of Service and monthly throughout
the term of the Contract to discuss operational and Contract issues.
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The Contractor shall continually monitor and evaluate all operations to ensure that compliance with the
provisions of this Contract is maintained.
The City may periodically monitor collection system parameters such as participation, Container
condition,contents weights, and waste composition.The Contractor shall assist and fully cooperate with
the City by coordinating the Contractor's operations with the City's periodic monitoring to minimize
inconvenience to Customers,the City,and the Contractor.The Contractor also shall provide full access to
equipment, processing facilities, route and Customer service data, safety records, and other applicable
information.The City's:review of Contractor activities and records shall occur during normal Office Hours
and shall be supervised by the Contractor's staff.
4.1.24 Collection/Disposal Restrictions
Unless otherwise,directed by the City,all Garbage collected under this Contract,as well as residues from
processing Recyclables and Compostables (to the extent required for the City to comply with its Solid
Waste Interlocal Agreement with King County), shall be delivered to the King County Disposal System in
compliance with all King County rules regarding such disposal. On any particular route, the Contractor
shall collect Garbage and deliver it directly to the King County Disposal System, without adding material
from routes or customers in other jurisdictions, unless prior written authorization is provided by the City
for that particular route.
Garbage containing obvious amounts of yard debris shall not knowingly be collected from Customers and
instead prominently tagged with a written notice informing the Customer that King County does not
accept Yard Debris mixed with Garbage for collection.
The Contractor shallnot knowingly collect or dispose of Unacceptable Waste or other materials that are
either restricted from disposal or would pose a danger to collection employees. Whenever Contractor
rejects or does not collect materials for this reason, the Contractor shall leave a written notice in a
prominent location with the rejected,materials to describe why rejected materials were not collected and
providing the Customer with a contact for further information about proper disposal options for such
materials.
Title to and liability for any Unacceptable Wastes that are included with any materials collected under this
Contract by Contractor despite the City's and Contractor's attempts to prevent the inclusion of such
materials shall not pass to Contractor, but shall remain with the party from whom such Unacceptable
Waste or any such other materials or substances is received.
Garbage collected by the Contractor may be processed by the Contractor to recover recyclable material;
provided, however,that the residual is appropriately disposed of within the King County Disposal System.
The processing of such recyclable material shall only be undertaken with the prior written approval of
King County and the City and in accordance with the Solid Waste Interlocal Agreement between King
County and the City. Contractor in all such instances shall charge Customers no more than the equivalent
Garbage disposal fee within the King County Disposal System or such other disposal fee as the City
reasonably directs the Contractor to charge. In addition, hauling fees charged by the Contractor in such
instances shall be no higher than those provided for in Exhibit D.
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Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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In the event that the City wishes to conduct a waste composition analysis, the Contractor, upon
reasonable notice from the City, shall deliver collected Garbage from one or more routes to the
designated sorting site and shall coordinate with the City to ensure successful sampling. In the event that
the sorted Garbage requires delivery to a County authorized disposal site,the City shall pay the Contractor
for that delivery based on the Contractor's standard Container rental and hauling rates.
4.1.25 Direct Disposal Payment
Upon 180 days;written notice and uponapproval by King County,the City may elect to pay disposal fees
directly to King County. If the City elects to pay disposal fees directly,the Contractor shall:
• Ensure that Garbage routes serving City Customers handle only City Garbage and not Garbage
from Customers in other jurisdictions;
• Properly train and supervise its collection crews to properly use City disposal cards at County
facilities,and to reconcileloads delivered by Contractor's crews with the disposal invoice
provided by King County
• . Track and report disposal quantities by route and average Container weights by Container size
each month;and;
• Reduce its overall compensation for each service level by 110%of the amount of the disposal
fee,component plus the then-current business and occupation tax, based on the unit weights
listed in the then-current Exhibit D of this Contract.
If the City elects to pay disposal directly,the City shall release and indemnify the Contractor from financial
and legal responsibility for disposal payments for City Garbage, provided that the Garbage has been
collected only from applicable City Customers in accordance with this Contract.
Independent of the City's decision on disposal cost payment,the Contractor shall participate upon request
in a City-funded and managed Container weight study to be conducted no more than once every three
years of the Contract.
4.1.26 Hiring Preference
For initial hiring under this Contract,the Contractor and subcontractors shall give hiring preference to any
Garbage, Recyclables, or Compostables collection workers who serviced City routes for the previous
hauler at the time that the previous collection contract expired and have been displaced as a result of the
City awarding this Contract, provided that such workers are fully qualified and meet the Contractor's
standards for employment. Nothing in this section is intended to create any third party rights under this
Contract.
Upon the hiring of a displaced collection worker the Contractor shall be required to keep the displaced
worker whole in regard to the combined value of workers' wages and benefit accruals earned as of the
date of displacement. To the extent application of the Contractor's collective bargaining agreement (if
applicable)would otherwise result in a reduction in pay or benefits,the existing pay/benefit accrual will
be maintained at the current rate until such time as the applicable bargaining agreement provision(s)
provides for an increase. Any displaced worker must be reimbursed by the company for any required
COBRA payment made in order to retain health care coverage during the time period between
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Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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displacement and when the worker would become eligible for such benefits under the Contractor's
bargaining agreement.
4.1.27 Emergency Response
The Contractor shall assist the City in the event of a disaster or emergency declaration. Contractor services
shall be provided as soon as practical upon City direction and paid at the Contract rates in Exhibit D.
The Contractor shall keep full and complete records and documentation of all costs incurred in connection
with disaster or emergency response, and include such information in the monthly and annual reports
required under Section 4.3.4. Contractor shall maintain such records and documentation in accordance
with the City's prior written approval;and any standards established by the Federal Emergency
Management Agency, and at the City's request, shall assist the City in developing any reports or
applications necessary to seek federal assistance during or after a federally-declared disaster.
4.1.28 Early Implementation
The Contractor's previous contract with the City dated October 1, 2011, shall continue to guide service
delivery between the Date of Execution and the Date of Commencement of Service of this new Contract,
with the exception that the Contractor and the City agree that certain service improvements shall be
implemented earlier. These improvements are specified in 4.2.14 and 4.3.1. In the event that any conflict
exists between the previous contract and the improved services specified in 4.2.14 and 4.3.1, the new
services shall be adopted in preference to the previous contract standards.
4.2 Collection Services
4.2.1 Single-Family Residence Garbage Collection
4.2.1.1 Subject Materials
The Contractor shall collect all Garbage placed at Curbside for disposal by Single-Family Residence
Customers all properly prepared and'contained materials in and adjacent to Garbage Carts, Cans, and
bags.
4.2.1.2 Containers
The Contractor shall provide collection Containers to Customers at no additional charge as part of the
Customer-chosen service level. Garbage Carts shall be delivered by the Contractor to Single-Family
Residence Customers within 'seven (7) days of the Customer's initial request. Each Customer's initial
Container must be Contractor-provided Container, provided that Garbage in excess of the Customer's
initial Container may be bundled or placed in a Customer-owned Can or plastic bag.
4.2.1.3 Specific Collection Requirements
The Contractor shall offer regular weekly collection of the following service levels:
1. One 20-gallon Garbage Cart;
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2. One 35 gallon Garbage Cart;
3. One 45-gallon Garbage Cart;
4. One 64-gallon Garbage Cart; and
5. One 96-gallon Garbage Cart.
The Contract shall also offer a service of once per month collection of non-putrescible waste in a 35-gallon
Cart.
Once each-year, through the use of an on-demand call-based service, the Contractor shall provide a
curbside collection serviceto handle bulky materials at no additional charge to Single-Family Residence
Customers. - The Contractor shall collect those materials on the next regularly scheduled Garbage
collectionday, provided that collection may be delayed up to three weeks if operationally necessary(e.g.
inclement.weather)upon City approval which will not be unreasonably withheld. Each service shall accept
up to four (4) bulky household items, including but not limited to large household appliances (white
goods), mattresses, sofas, furniture, barbecues, and exercise equipment. The Contractor shall have
discretion to refuse any Unacceptable Waste items,if instructions are provided to the Customer for proper
disposal. In no case shall the program be extended to bagged Garbage that would otherwise be charged
as regular Extra Units.
Carry-out charges shall be assessed only to those Customers who choose to have the Contractor move
Containers to reach the collection vehicle at its nearest point of access.Carry-out charges shall be assessed
in twenty-five (25) foot increments only to those Customers for whom the Contractor must move a
Container over five(5)feet to reach the curb at the collection vehicle's nearest point of access.Carry-out
service Customers must place their Containers in a location visible from a collection vehicle at street level
and along a fully paved access way.Garbage in excess of Container capacity or the subscribed service level
shall be collected and properly charged as Extra Units to the Customer; with the exception of excess
Garbage collection otherwise required under this Contract at no additional charge to the Customer.The
Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of all
Extra Units.
Collections shall be made from Single-Family Residences on a regular schedule on the same day and as
close to a consistent time as possible.The Contractor's employees shall make collections in an orderly and
quiet manner,and shall return all Containers,in an upright position,with lids closed and attached,to their
original set out location
Extra charges may be assessed for materials loaded so as to lift the Can, or Garbage Cart lid in excess of
six(6)inches from the normally closed position.Overweight Containers shall be left at the Curb and tagged
with written notification as to why it was not collected.
4.2.2 Single-Family Residence Recyclables Collection
4.2.2.1 Recyclables
Residential Recyclables shall be collected from all participating Single-Family Residences Customers as
part of basic Garbage collection services, without extra charge. If operational or recycling processing
improvements are made that allow additional materials to be recycled at no additional cost to the
Contractor, the Contractor agrees to expand the defined list of Residential Recyclables to cover such
City of Auburn 27 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FDS
materials, subject to prior written approval by the City. The Contractor shall collect Curbside prepared
and either called-in or set-out Recyclables as described in Exhibit B.
4.2.2.2 Containers
The Contractor shall provide collection.Containers to Customers at no charge. The default Recycling Cart
size shall be 96-gallons, provided that the Contractor shall offer and provide 35- or 64-gallon Recycling
Carts on request to those Single-Family Residence Customers requiring less capacity than provided by the
standard 96-gallon Recycling Cart. Upon request,Customers may be provided more than one Cart at the
rate provided in Exhibit D.
Recycling Carts shall be delivered by the Contractor to new Single-Family Residence Customers, those
Customers requesting replacements, or Customers that had previously rejected their Recycling Cart,
within seven (7) days of the Customer's request.
4.2.2.3 Specific Collection Requirements
Single-Family Residence Recyclables collection shall occur every-other-week on the same day as each
household's Garbage and Compostables collection. Collections shall be made from Residences on a
regular schedule on the same day and as close to a consistent time as possible.The Contractor shall collect
on Public Streets and Private Roads in the same location as Garbage collection service is provided. The
Contractor's employees shall make collections in an orderly, non-disruptive and quiet manner, and shall
return Containers with their lids closed and attached to their set out location,and out of any Public Street,
in an orderly manner.
The defined list of Residential Recyclables in Exhibit B shall be collected from all participating Single-Family
Residences as part of basic Garbage collection services,without extra charge.The Contractor shall collect
all Residential Recyclables from Single-Family Residences that are placed in Contractor owned Carts or are
boxed or placed in a paper bag next to the Customers' Recycling Cart. Recyclables must be prepared as
described in Exhibit B and uncontaminated with food or other residues. No limits shall be placed on set-
, out volumes for Curbside Recyclables, other than those specifically listed in Exhibit B. In the event that
large quantities of commercially-generated materials are consistently set out at a Single-Family Residence,
the Contractor shall request the resident to use a larger Recycling Cart or use commercial recycling
services for the excess volumes. If the resident continues to set out commercial quantities of Recyclables,
the Contractor shall notify the City for further action.
The Contractor shall also provide a recycling drop-off site within the City Service Area for Customers to
drop off Recyclables. The drop-off site location and hours shall be approved in advance by the City.
4.2.3 Single-Family Residence Compostables Collection
4.2.3.1 Subject Materials
Properly-prepared Compostables shall be collected from all Single-Family Residence Customers that
subscribe and pay for that service.
4.2.3.2 Containers
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Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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The Contractor shall provide one Compostables Cart and collection service to each subscribing Customer
at the specified rate and shall also provide additional Compostable Carts and capacity at the additional
Compostable Cart fee provided in Exhibit D to Customers requesting that additional service. The default
Compostables Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 35-or 64-
gallon Compostables Carts on request to those Single-Family Residence Customers subscribing to those
lower levels of service.
Excess Yard Debris material that does not fit in a Compostables Cart shall be bundled or placed in Kraft _
paper bags or properly labeled Customer-owned Cans. Customers choosing to use their own Can for
excess Yard Debris shall be provided durable stickers by the Contractor that clearly identify the container's
contents as "Yard Debris." Excess Yard Debris shall be charged at the Extra Compostables Unit rate
specified in Exhibit D.
Compostables Carts shall bedelivered by the Contractor to new subscribing Customers and Customers
requesting a. replacement Compostables Cart within seven (7) days of the Customer's request. The
- Contractor shall include instructional materials'regarding Food Scrap recycling via Compostables Carts,
subject to the City's prior written approval.
The Contractor shall provide anon-call fee-based Compostables Container cleaning service to Customers
at the rate provided in Exhibit D.
4.2.3.3 Specific Collection Requirements
Properly prepared Compostables shall be collected weekly on the same day as each household's Garbage
and Recyclables collection from all subscribers. Collections shall be made from Single-Family Residence
subscribers on a regular schedule on the same day and as close to a consistent time as possible.
Compostables in excess of 96 gallons may be charged at the additional Cart rate (if that Customer has
ordered one or more additional Compostables Carts) or as Compostables Extra Units in 32 gallon
increments in accordance with Exhibit D.
Upon direction from the City, for two collection cycles immediately following a City-designated storm
event,up to 96 additional gallons of loose or bagged storm debris shall be accepted with regular quantities
of Compostables without extra charge,provided that the materials are prepared and set-out as described
for excess Yard Debris in the prior section.The City shall designate no more than three (3) storm events
each calendar year. This service shall be available to all Single-family Customers, including those who do
not subscribe for regular Compostables service. Unflocked, undecorated, natural holiday trees will be
collected at no additional cost on the first full week of scheduled Compostable materials collection each
January.
Compostables may be placed in Carts, paper bags, bundles, or relabeled Cans next to the initial
Compostables Cart, provided that Food Scraps shall be contained in the initial Cart and only Yard Debris
shall be placed in bags, bundles,or open cans.
The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection
is provided.The Contractor's employees shall make collections in an orderly and quiet manner, and shall
City of Auburn 29 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
return Containers in an upright position,with lids attached,to their set out location and out of the public
street.
Upon one-hundred-eighty-days(180)written notice from the City,the Contractor shall shift Single-Family
Residence Compostables collection from subscription-based to embedded in Customer's Garbage
rates. In the event that the City implements this option, subscribers shall no longer be charged fees for
their initial Compostables Cart service and the Single-Family Garbage rates in Exhibit D shall be increased
by$9.80/month,subject to the rate modification provisions of Section 5.3.1.
4.2.4 Multifamily Complex and Commercial Customer Garbage Collection
4.2.4.1 Subject Materials
The Contractor shall collect all Garbage set out for disposal by Multifamily Complex and Commercial
-- Customers in Containers or properly prepared and contained materials next to Containers.
4.2.4.2 Containers
Multifamily Complex and.Commercial Customers shall be offered a full range of Container and service
options, including Garbage Carts, one (1) through eight (8) cubic yard non-compacted Detachable
Containers,and collection from one(1)through six(6) cubic yard Customer-owned or leased compacted
Detachable-Containers. Containers shall be provided to Customers at no charge, except for compacting
Containers or unless otherwise set forth in this Contract and directed by the City.
Materials in excess of Container capacity or the subscribed service level shall be collected and properly
charged as Extra Units as directed by the City. The Contractor shall develop and maintain route lists in -
sufficient detail to allow accurate recording and charging of all Extra Units.
The Contractor may use either or both front-load or rear-load Detachable Containers to service
Multifamily Complex and Commercial Customers. However, not all collection sites within the City Service
Area may be appropriate for front-load collection due to limited maneuverability or overhead
obstructions. The Contractor shall provide Containers and collection services capable of servicing all
Customer sites,whether or not front-load collection is feasible.
Containers shall be delivered by the Contractor to requesting Multifamily Complex and Commercial
Customers within three (3)days of the Customer's initial request.
4.2.4.3 Specific Collection Requirements
Collections from both Multifamily Complex and Commercial Customers shall be made on a regular
schedule on the same day and as close to a consistent time as possible to minimize Customer confusion.
The Contractor shall provide locks for Containers upon request and remove and replace Containers from
enclosures and position (roll-out) Containers up to twenty-five (25) feet for Garbage (and Recycling and
Compostable)collection at no additional charge.Customer-owned or-leased one(1)through six(6)cubic
yard compacted Containers shall be accessible to the Contractor vehicle without requiring the driver to
move the compacted Container. Additional roll-out charges for standard Carts and Detachable Containers
City of Auburn 30 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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may be assessed in twenty-five (25)foot increments only to those Multifamily Complex and Commercial
Customers for whom the Contractor must move a Container over twenty-five (25) feet to reach the
collection vehicle at its nearest point of access. Extra charges may be assessed for materials loaded so as
to lift the Container lid in excess of six(6) inches from the normally closed position. The Contractor shall
not charge fees for either opening gates or unlocking Containers. Customers with hard-to-access
Containers requiring the Contractor to wait for Customer Container relocation or requiring Contractor's
use of specialized equipment for Container relocation may charge those Customers additional access fees
and/or hourly fees consistent with Exhibit D.
Multifamily Complex and Commercial Garbage may request extra collections and shall pay a proportional
amount of their regular monthly rate for that service as established by the City.
4.2.5 Multifamily Complex and Commercial Recyclables Collection
4.2.5.1 Subject Materials •
All properly prepared Recyclables listed in.Exhibit B for Multifamily Complex and Commercial Customers,
shall be collected as part of the basic Garbage collection services without extra charge with the exception
of Temporary Container Customers.
4.2.5.2 Containers
The Contractor shall provide Recycling Containers at no additional charge to all Multifamily Complex and
Commercial Customers requesting Containers.
The Contractor shall encourage and promote participation in Recyclables and Compostables services and
shall_recommend appropriate relative Container sizes through its site visit and evaluation process. The
Contractor shall encourage the use of Detachable Containers or Drop-box Containers instead of multiple
Carts at locations where more than one cubic yard of Recycling capacity is provided, unless constraints
favor the use of Carts. Containers used for the collection of Recyclables shall be delivered by the
Contractor to requesting Customers within three(3)days of the Customer's initial request.The Contractor
may decline to collect Recyclables if the Container in which they are placed by the Customer contains
Excluded Materials or other materials that do not conform to the definition of Recyclables or that do not
meet specifications.
For Multifamily Complex Customers, Recyclables contamination reduction elements will be provided by
the Contractor upon request or whenever contamination levels exceed established thresholds.
Contractor-supplied contamination reduction elements specifically for Detachable Containers shall
include: specialized lids with slots for depositing Recyclables, and functional lock bars and locks, at no
additional cost to the City or Customer.Sufficient inventory specialized lids with slots shall be maintained
to enable Container delivery standards set in Section 6.1.
Multi-lingual recycling instruction decals shall be affixed to Detachable Containers upon request.
4.2.5.3 Specific Collection Requirements
City of Auburn 31 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
Multifamily Complex and Commercial Recyclables collection shall occur at least weekly or more frequently
(but not more than three times per week) if space constraints preclude providing sufficient weekly
capacity.
Collections shall be made on a regular schedule on the same day(s)of the week and as close to a consistent
time as possible to minimize Customer and tenant confusion. The Contractor's employees shall make
collections in an orderly, non-disruptive,and quiet manner,and shall return Containers after emptying to
the same location as found,with their lids closed.
The Contractor shall provide suitable locks for all Container types upon request at no charge. The
Contractor shall remove and replace Containers from enclosures and position (roll-out) Containers up to
twenty-five (25) feet for Garbage (and. Recycling and Compostable) collection at no additional charge.
Additional roll-out charges may be assessed in twenty-five(25)foot increments only to those Multifamily
Complex and Commercial Customers,for whom the Contractor must move a Container over twenty-five
(25).feet to reach the collection vehicle at its nearest point of access.
The Contractor shall not charge fees for either opening and closing gates,or unlocking and relocking gates
and lids on Containers.
4.2.6 Multifamily Complex and Commercial Customer Compostables Collection
The Contractor shall provide subscription-based Compostables collection services to requesting
Multifamily Complexes and Commercial Customers.
4.2.6.1 Subject Materials
The Contractor shall provide collection of Compostables from any requesting Multifamily Complex or
Commercial Customer, subject to that Customer's continued compliance with material preparation
requirements. Contaminated or oversized Compostables materials rejected by the Contractor shall be
tagged in writing in accordance with the Contamination Reduction Plan with an appropriate problem
notice explaining why the material was rejected.
4.2.6.2 Containers
Carts shall be provided to subscribers as part of the service at no additional charge. Compostables
Containers shall be delivered by the Contractor to Multifamily Complex and Commercial Customers within
three(3)days of a Customer's request.
The Contractor shall offer regular weekly and twice-weekly collection of the following service levels, at
the rates set forth in Exhibit D:
1. One 35-gallon cart(weekly)
2. One 64-gallon cart(weekly or twice-weekly)
3. One 96-gallon cart(weekly or twice-weekly)
4. One 1-cubic yard Detachable Container
5. One 2-cubic yard Detachable Container
City of Auburn 32 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
4.2.6.3 Specific Collection Requirements
Multifamily Complex and Commercial Customer Compostables collection shall occur weekly or twice-
weekly,as subscribed for and requested by the Customer.Collections shall be made on a regular schedule
on the same day(s) of the week and as close to a consistent time as possible to minimize Customer
confusion. The Contractor's employees shall make collections in an orderly and quiet manner, and shall
return Containers after emptying to the same location as found,with their lids closed.
Customers may, at their sole option, direct the Contractor to routinely re-line Compostables Carts with
approved biodegradable liners for the per unit rate specified in Exhibit D.
4.2.7 Drop-Box Container Garbage Collection
4.2.7.1 Subject Materials
The Contractor shall provide Drop-Box Container Garbage collection services to Customers,in accordance
with the service level selected by the Customer.
4.2.7.2 Containers
The Contractor shall pay the cost of procuring and providing Containers for Garbage meeting the
standards described in Section 4.1.14.Both Customer-owned and Contractor-owned Drop-box Containers
shall be serviced, including Customer-owned compactors that are compatible with Contractor's
equipment.
The Contractor shall maintain a sufficient Drop-box Container inventory to provide delivery of empty
containers by the Contractor to new and temporary Customers within three (3) business days after the
Customer's request.
4.2.7.3 Specific Collection Requirements
The Contractor shall provide dispatch service and equipment capable of collecting full Drop-box
Containers on the same business day if the Customer's initial request is received by the call center before
10:00 a.m., and no later than the next business day if the Customer's initial call is received by the call
center after 10:00 a.m.Drop-box Containers shall be delivered to new Customers within one business day
of their request.
The Contractor shall detach,remove and replace Drop-Box Containers from locked or unlocked enclosures
at no additional charge. The Contractor may charge additional time and/or mileage only if (1) the
Customer requests that Contractor deliver material to a facility other than the closest King County disposal
facility,(2)the facility is one to which the Contractor is allowed to deliver the material under this Contract,
and (3) Contractor delivers the material to such facility after advising the Customer in writing (e-mail is
acceptable)as to the basis of the additional time and/or mileage charges to be payable by the Customer
on account of such delivery(ies). Additional mileage charges shall be assessed on a one-way basis and
shall only apply to mileage in excess of the distance to the closest County authorized disposal facility
appropriate for the material type being hauled.
City of Auburn 33 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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4.2.8 Temporary(Non-Special Event)Container Customers
The Contractor shall maintain a sufficient Container inventory, including Detachable Container and Drop-
box Containers,to provide delivery of empty Containers by the Contractor to temporary Customers within
three(3) business days after the Customer's initial request.
The charges for temporary Detachable Container service as listed in Exhibit D shall include delivery,
collection,distance,and disposal or processing for Recyclables or Compostables.No additional fees other
than those included in Exhibit D may be charged.
The per-haul charges for temporary Drop-box Containers exclude delivery. Disposal and distance charges
(if any)shall be charged separately,as is done with permanent Customers.
Temporary Containers do not include Recycling service as part of Garbage service.
Temporary Garbage services do not include collection and shall not exceed ninety (90) days in duration.
Customers requiring service for more than ninety(90)days shall subscribe for regular Garbage, Recycling,
and Compostables service.
4.2.9 Hourly Industrial Container Route Collection(Boeing)
The Contractor shall adaptone 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 Corn pany.The Contractor shall service the specialized Detachable Containers and Drop-Boxes
within 24 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 and billed to the Customer
without mark-up. The Customer shall be billed the industrial customer hourly rate on Exhibit D, based on
the time from arrival at the Customer's facility through exiting the Customer's facility.
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.
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.
City of Auburn 34 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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This hourly service shall be available to other large industrial users, upon approval by the City and the
Contractor.
4.2.10 On-call Bulky Waste Collection
The Contractor shall provide on-call fee-based Bulky Waste collection to any Customer, including
Multifamily and Commercial Customers.
On-call collection of Bulky Waste shall be provided by the Contractor to Customers by appointment for
no more than the charge set forth in Exhibit D to this Contract,with collection occurring no later than five
(5) business days after a Customer initial request.
Customers must place Bulky Waste at the regular Garbage collection location no more than twenty-four
(24) hours prior to collection.The Contractor shall notify the Customer of the specific date that their item
will be collected,the charge that will be made to their next bill, and where the item should be placed for
collection.
The Contractor shall recycle all metal appliances, unless another arrangement is approved in writing by
the City, and to make a reasonable effort to recycle all other materials collected. The Contractor shall
direct Customers to remove doors from refrigerators and freezers before collection and not to place Bulky
Wasteat the Curb prior to twenty-four(24) hours before scheduled collection.
On-call Bulky Waste collectionmust occur during the hours and days specified in Section 4.1.3,with the
exception that Saturdaycollection is permissible if it is more convenient for Customers.
4.2.11 Special Event Services
Contractor shall provide temporary Garbage, Recyclables, and Compostables Containers and signage for
Customers'special events within the Service Area at the rates listed in Exhibit D. Contractor shall provide
such Customers with assistance in determining Container needs and signage for Garbage, Recyclables,
and Compostables at the special events, including site visits and technical assistance to ensure that the
maximum Recyclables and Compostables diversion is achieved. Contractor shall coordinate their efforts
with the City,and provide such Customers and the City with a summary of the volumes and tonnages of
materials disposed of and diverted for recycling and composting.
Contractor shall provide these special event services as a bundle,with each event providing collection of
Recyclables and Compostables as part of the event Garbage collection service.The provision of Garbage-
only service for special events shall only be provided on a case-by-case basis upon prior written approval
of the City.
4.2.12 City Collection Services
The Contractor shall provide collection of all on-street Litter and Recyclables receptacles within the City,
as listed in the Contractor's implementation plan approved by the City. Collection shall occur not less
than one(1)time each week and up to three(3)times each week,depending on season and need, at the
discretion of the City.Additional Litter and Recyclables receptacles may be added at the City's discretion,
at no additional charge.
City of Auburn 35 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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In addition to the City's existing Litter Receptacles, the Contractor shall procure and install up to 20
additional Litter and/or Recyclable Receptacles with liners equivalent in locations designated by the City,
and up to five(5)"Big Belly Solar Compactors"at locations approved by the City.The City shall review and
approve the make and model of the additional litter receptacles.Replacement liners for all City Litter and
Recyclable Receptacles shall be the responsibility of the Contractor.
The Contractor shall provide weekly Garbage, Recyclables and Compostables collection to all City-owned
municipal facilities as a part of this Agreement and at no additional charge. Those facilities include, but
are not limited to the following:
Facility Service Address
City Airport 506—231d Street NE
Auburn Arts &Culture Center 20 Auburn Ave
Auburn Avenue Theater 10 Auburn Ave
Auburn City Hall 25 West Main Street
Auburn Community Garden 1030—8th Street NE
Auburn Golf Course 29630 Green River Rd
Auburn Golf Course Maintenance 29832 Green River Rd
Auburn GSA/VRFA Facility 2905 C Street SW
Auburn Justice Center 340 East Main Street
_ Auburn Maintenance Facility 1305 C Street SW
Auburn Mountainview Cemetery 2020 Mountain View Dr
Auburn Parks Department 910—9th Street SE
Auburn Parks Department 2840 Riverwalk Dr SE
Auburn Parks Department 1140 Auburn Way S
Auburn Parks Maintenance 1401 C Street SW
Auburn Senior Center 808—9th Street SE
Auburn VRFA Facility 1101 D Street NE
Brannan Park 611—28th 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 Maintenance Shop 3226 V Street SE
Game Farm Park Caretaker 3224 V Street 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
White River Valley Museum 918 H Street SE
Collection and disposal of the permanent Drop-Box Containers at the City of Auburn Maintenance Facility
are also included,without charge.
City of Auburn 36 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
At any time during the Term of this Contract, the City may add facilities and parks 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 Service Area, as well as municipal facilities in
future annexation areas covered by this Contract, provided that no more than one additional facility or
park may be added per year without additional compensation to the Contractor.
4.2.13 City of Auburn-Sponsored Community Events
The Contractor shall provide Garbage and Recycling services for City-sponsored special 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:
• Code Enforcement Clean-up Support: In residential areas designated by the City,Contractor
shall support clean-up events with up to 12 Drop-box Containers per year. Contractor shall
provide 10 yard-40 yard Drop-box Containers (or other sizes approved by the City) without
charge to the City. Contractor shall waive delivery, rental and other fees and the City shall
pay for disposal.
• Special Recycling & Reuse Events: The Contractor shall provide support at up to two (2)
Special Recycling Events. At each event,the Contractor shall provide Drop-box or Detachable
Containers for Garbage, Recyclables, and Compostables collected at the events. The
Contractor shall provide all equipment, staffing, collection, transportation, and recycling at
no additional charge to the City,and the City shall be responsible for any disposal fees.
• Other City Events: The Contractor shall provide Garbage, Recycling, and Compostables
collection services for the following City-sponsored events at no charge to the City or users.
Services and container capacity shall be coordinated with event staff to ensure that sufficient
container capacity and collection frequency is provided by the Contractor.
o Petpalooza
o Clean Sweep
o Kid's Day
o 4th of July
o Auburn Fest
o Veteran's Parade
At any time during the term of this Contract, the City may adds City-Sponsored Community Events in
addition to those listed above, provided that if the City adds more than one event every year, the
Contractor may negotiate compensation for those additional events.
Additional event services for public or private Customers shall be charged at the rate listed in Exhibit D for
each set of three(3)96 gallon carts,per event day. This fee is all-inclusive for delivery,setup and collection
of containers.
City of Auburn 37 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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4.2.14 Litter and City Clean-up Service
The Services outlined in this Section 4.2.14 shall commence January 4,2021.
The Contractor shall provide a full-time litter crew consisting two (2) employees, each with their own
pickup or utility vehicle. The litter crew shall work all weekdays (excluding holidays defined in Section
4.1.6)from 6:30 AM to 2:30 PM, excluding statutory breaks and lunch periods. Staff shall be supervised
to perform the following tasks to completion in an orderly and timely manner.
The_Contractor's litter crew shall collect and remove litter, Garbage, illegally dumped Bulky Waste, and
debris from the shoulders of City public ways(including but not limited to streets, roads,alleys,paths,and
parkways), public parking lots,and other designated public areas.Tasks include the following:
a. Litter clean-up
i. -Blow and sweep building edge to curb line in core area as needed.
ii. Bio hazard removal (urine,vomit,feces,sharps) - - -
b. Designated public place litter can service as determined by the City.
c. Roadside litter patrols as determined by the City.
d. Annual pressure washing of litter cans at no additional cost as part of litter crew duties.
e. Pressure washing of City-owned enclosures behind Harold's Plumbing,Oddfella's,and the
Safeway parking lot as needed:
The Contractor shall examine all work sites thoroughly before commencing work at the site. It shall be
the responsibility of the Contractor to verify all the duties, assignments, and job sites. All existing
conditions at the job site will be noted and copies with verification noted,given to the City's Solid Waste
and Recycling Supervisor on a monthly basis. The Provider shall not be required to remove materials of a _ _: ._
size, type or quantity that cannot reasonably be removed by such a crew. The Contractor shall also
provide pressure washing and graffiti removal upon City request, at the additional hourly rates provided
in Exhibit D.
The Contractor shall be compensated by the City at the flat rate provided in Exhibit D, provided that if
Contractor staffing is reduced on any particular work day, the City's payment for that period shall be
reduced proportionately.
The City may reduce or eliminate this service upon ninety(90) days' notice to the Contractor.
4.2.15 Excluded Services
This Contract does not include the collection or disposal of Unacceptable Waste.
4.3 COLLECTION SUPPORT AND MANAGEMENT
The Contractor shall provide collection support and management consistently throughout the term of this
Contract and in compliance with the provisions under the following subsections.
4.3.1 General Customer Service
City of Auburn 38 November,2020
Comprehensive Garbage,Recyclables,and Compostables Collection Contract
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The Contractor shall be responsible for providing all Customer service functions,including,but not limited
to:
• Answering Customer telephone calls and e-mail or electronically communicated requests;
• Requesting at start of service Customer's preference for notification of service changes via robo-
calls,texts,or emails,and confirming and updating these preferences periodically;
• Asking Customers at start of service their preference for receiving Contractor's welcome packet
and subsequent outreach and account information electronically or via mail;
• Informing Customers of current, new,and optional services and charges;
• Handling Customer subscriptions and cancellations;
• Receiving and resolving Customer complaints;
• Dispatching Drop-box Containers,temporary containers, and special collections;
• Billing;
• Maintaining and updating regularly as necessary a user-friendly internet website;and
• Maintaining and updating regularly as necessary a user-friendly mobile application.
The Contractor shall initiate the provisions of this Section 4.3 no later than 60 days prior to the Date of
Commencement of Service to ensure that all Customer service functions, except billing, are fully up to
Contract standard before Container replacement and other implementation activities generate Customer
calls.
4.3.2 Specific Customer Service Requirements
The Contractor shall maintain a service base for storing and/or maintaining collection vehicles within thirty
(30) miles of the City's corporate limits: Operations and management staff shall be located at that site,
provided that call center operations may be remotely provided.The Contractor's call center shall be open
at a minimum from 7:00 a.m. to 7:00 p.m: weekdays, and 8:00 a.m.to 5:00 p.m on Saturdays. Customer
service representatives shall be available through the Contractor's call center during these hours for
communication with the public and City representatives. During these hours, customer calls shall be
handled by Contractor's staff, not by voice mail. Outside of the call center's open hours,the Contractor
shall have an answering or voice mail service available to record messages from all incoming telephone
calls. The holiday collection schedule described in Section 4.1.6 shall also apply to Customer service
coverage.
The Contractor shall maintain a twenty-four(24) emergency telephone number for use by the City. The
Contractor shall have a representative, or an answering service to contact such representative, available
at such emergency telephone number for City-use during all hours,including normal Office Hours.Inability
to reach the Contractor's staff via the emergency telephone number shall be cause for performance fees
in accordance with Section 6.1.2.
4.3.2.1 Customer Service Representative Staffing
The Contractor shall designate Auburn customer service representatives and a specific telephone number
approved by the City to handle calls from Auburn Customers. In addition to front-line Customer service
staff,the Contractor shall provide an Auburn-specific customer service ambassador/champion to resolve
any issues that cannot be addressed during a Customer's initial contact with customer service. During call
center hours,the Contractor shall maintain sufficient staff to answer and handle complaints and service
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requests from all Customers without delay. If incoming telephone call volumes necessitate,the Contractor
shall increase staffing levels as necessary to meet Customer service demands. The Contractor shall
proactively recruit,train,and schedule customer service staff to avoid underperforming during periods of
high call volume, and to replace in a timely manner customer service staff lost due to attrition.
The Contractor shall maintain sufficient staffing to answer and handle all Customer complaints and service
requests in a timely manner, whether made by telephone, letter, e-mail, mobile message, or
webpage/"chat message. If staffing is deemed to be insufficient by the City to handle Customer
complaints and service requests in a timely manner,the Contractor shall increase staffing levels to meet
and maintain performance criteria as established in Section 4.3.2.4.
To-manage the anticipated temporary increase of customer contacts, the Contractor shall provide
additionalcustomer service staffing during the transition and implementation period,specifically from six
(6)weeks prior to the Date of Commencement of Service,through the end of the fourth month after the
Date of Commencement of Service, to ensure that sufficient staffing is available to minimize Customer
waits and inconvenience.The Contractor shall receive no additional compensation for increased staffing
levels during the transition and implementation period. Staffing levels during the transition and
implementation period shall be subject to the City's prior review and approval.
4.3.2.2 City Access to Contractor's Customer Service Information
The Contractor shall maintain staff that has management level authority to provide a point of contact for
all City inquiries, requests,and coordination covering the full range of Contractor activities related to this
Contract. Contractor duties include, but are not limited to:
• Promotion and outreach to Single-Family Residences, Multifamily Complexes, Commercial, and
community event Customers;
• Serving as an ombudsperson, providing quick resolution of all Customers'issues,complaints,and
inquiries;and
• Assisting the City with program development and design, research, response to inquiries, and
troubleshooting issues.
Contractor shall employ a designated which shall be accessible by the City and City-designated
representatives to address emerging problems as needed. This service expert team shall be available
during regular Office Hours and, if not responding immediately to a City inquiry, a service expert team
employee is required to return City-initiated messages (whether originated via telephone, mobile
messaging,or e-mail)within four(4)working hours of receipt.
4.3.2.3 Service Recipient Complaints and Corrective Requests
The Contractor shall record all complaints and corrective requests made to Contractor to resolve issues
related to establishing service or subsequent issues arising once service is established, regardless of how
received.The Contractor's records shall including nature of complaint or request, date,time, Customer's
name and address,method of transmittal,and nature,date and manner of resolution of the complaint or
service request in a computerized daily log. Any complaints received through the Contractor's voice mail
or answering service shall be entered in the log no later than the following business day.The Contractor
shall dedicate adequate resources and shall make a conscientious effort to respond directly to all
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Customers and resolve all complaints within one business day of the original phone call, letter, or
electronic communication, and shall complete all service requests within the time limits as established
throughout this Contract.If a longer response time is necessary to resolve complaints or related corrective
requests, the circumstances that have caused the delay shall also be noted in the log to document the
Contractor's efforts to resolve the complaint or request.
The Customer service log shall be managed via software and be availablefor inspection by the City,or its
designated representatives, during the Contractor's Office Hours, and shall be in a format approved by
the City.The Contractor shall provide a copy of this log in an electronic format from the Microsoft Office
suite(or other City-approved format)of software to the City with the monthly report.
4.3.2.4 Handling of Customer Calls
All incoming telephone callsshall be answered promptly and courteously, with an average speed of
answer of less than thirty(30)seconds. No telephone calls shall be placed on hold for more than two (2)
minutes per occurrence,and on a monthly basis, no more than ten percent(10%)of incoming telephone
calls shall be placed on hold for more than twenty (20) seconds. Contractor shall include aggregated
weekly call volume data for the Service Area in the monthly reporting that tracks ongoing compliance with
these specifications. A Customer shalt be able to talk directly with a Customer service representative
when calling the Contractor's Customer service telephone number during call center operating hours
without navigating an automated phone answering system through more than one level of menus. An
automated voicemail service or phone answering system may be used outside of call center operating
hours.
Customers calling into the Customer service phone lines and placed on hold shall hear on-hold information
consisting solely of City-specific information or Contractor promotional information that is applicable and
not misleading to Customers.
4.3.2.5 Corrective Measures
Upon the receipt of Customer complaints in regard to busy signals or excessive delays in responding to
customer service requests, the City may request the Contractor submit a plan to the City for correcting
the problem. Contractor shall submit this plan within five (5)working days of the City's request. Once the
City has approved the plan, the Contractor shall immediately begin implementation of these corrective
measures and shall report on implementation at least weekly. Contractor shall have thirty (30) days to
fully implement the corrective measures, except during the transition and implementation period from
one(1)month prior to the Date of Commencement of Service,through the end of the fourth month after
the Date of Commencement of Service,during which upon City notification,the Contractor shall have five
(5) working days to fully implement corrective measures. Failure to provide corrective measures shall
result in performance fees for the Contractor as specified in Section 6.1.
4.3.2.6 Contractor Internet Website
The Contractor shall maintain a website containing information specific to the City's collection programs,
including at a minimum contact information,collection schedules,current day of collection map,material
preparation requirements, available services and options, rates and fees, inclement weather service
changes with updates several times per day in the event of inclement weather, as well as updates that
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apply to those Customers whose services were impacted by inclement weather on prior days, and other
relevant service information for its Customers. The website shall include live contact function for
Customer communication with the Contractor, and the ability for Customers to submit service requests
and manage their services on-line. Electronic Customer service requests shall be answered within one(1)
business day of receipt.
The website shall be professionally designed, including usability testing prior to submittal to the City for
approval a minimum of three(3) months prior to the Date of Commencement of Service of this Contract.
The website will be maintained and continually updated by Contractor. Significant website reformatting
shall be subject to the City's prior approval throughout the term of this Contract. The Contractor shall
provide among its local staff a knowledgeable and proficient website manager that is responsive to the
City's request(s) for changes to the Contractor's website. Changes requested by the City consisting of
textual messages only shallbe uploaded to the website within seventy-two (72) hours of the time of the
request(s). Changes requested by the City,of a textual nature,that are related to an emergency or time-
sensitive situation (such as an inclement weather event, windstorm, or event preventing access to a
Customer's regular place of container set-out) shall be uploaded to the website as soon as possible and
not more than six (6) hours from of the time of request. Changes requested by the City that include a
graphical component must be uploaded to the website within five (5) working days of the time of the
request.
The Contractor shall provide timely updates to the website, and provide links to the City's website, and
Contractor shall check on a monthly basis to ensure that all links are current and correct any that no longer
function. The website shall include core information (including at a minimum: how to establish service,
preparation and set-out instructions,and rate information) in English and Spanish. The website shall also
provide statements on its City-specific homepage in other commonly used non-English languages within
the City referring Customers to the Contractor's translation helpline or a separate webpage with an
appropriate translation function. Upon the City's request, the Contractor shall provide a website
utilization report indicating the usage of various website pages and e-mail option.
4.3.2.7 Full Knowledge of Garbage,Recyclables,and Compostables Programs Required
The Contractor's Customer service representatives shall be fully knowledgeable of all collection services
available to Customers, including the various services available to Single-Family Residence, Multifamily
Complex,and Commercial Customers. For new Customers,Customer service representatives shall explain
all Garbage, Recyclables, and Compostables collection options available depending on the sector the
Customer is calling from. For existing Customers, the representatives shall explain new services and
options, and resolve recycling issues (including providing support for Contamination Reduction Plan
inquires), collection concerns, missed pickups, container deliveries, and other Customer concerns.
Customer service representatives shall be trained to inform Customers of Recyclables and Compostables
preparation specifications. Customer questions related to City policy shall be forwarded to the City for
response.
The Contractor's Customer service representatives shall have instantaneous electronic access to
Customer service data and history to facilitate providing excellent customer service.The Contractor shall
provide the City with a comprehensive outline of the Contractor's internal customer service
representative training and support information specific to the City, and allow the City to periodically
review and check Contractor's internal information accessed by customer service representatives to
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provide to Customers. Routine revisions to these materials shall be made by the Contractor on an ongoing
basis, but any substantial revisions to this internal information shall be approved in writing by the City
prior to being used by customer service representatives.
The Contractor shall also provide the City with one dormant (non-serviced) account for each service
sector(Single-Family, Multifamily Complex, Commercial Detachable Container, and Drop-box Container)
to facilitate City monitoring of Customer communications and billing protocols. These non-serviced
accounts shall be established in conjunction with the City and related data shall be fully accessible by the
City. Contractor will manage these accounts as if the City were a typical Customer.
4.3.2.8 Customer Communications
All Customer communications (other than routine service and billing interactions with individual
Customers)shall be reviewed and approved in writing by the City before distribution.
The City and Contractor recognize that Customer preferences for their method of communication may
change during the Term of this Contract and agree to adjust customer service expectations to match
Customer preferences. For example, if call traffic to the Contractor's telephone-based call center reduces
-over time and is supplanted by an increase in texting,the Contractor shall shift staff resources accordingly
to ensure sustained high levels of customer service. The City and Contractor agree to review Contract
requirements periodically and negotiate in good faith any desired improvements to the Contract service
standards related to customer service delivery.
4.3.3 Contractor's Customer Billing Responsibilities
The Contractor shall serve as billing agent for the City and shall invoice Customers, receive and post
payments, deposit Customer remittances into a City account and provide a weekly report of receipts to
the City.
The Contractor shall be responsible for all billing functions related to the collection services required
under this Contract, in accordance with a "Billing Operations Plan" developed jointly by the City and
Contractor. Such plan shall be completed no later than March 30, 2021 and shall provide the specific
operating policies and procedures to be used by the Contractor to serve as billing agent for the City,
including but not limited to billing policies, handling of City funds, fund transfer procedures, auditing,
customer refund/billing adjustment procedures, and other related aspects of billing and receiving
Customer payments. The plan shall be revised administratively by mutual agreement as needed
throughout the term of the Contract. Billing and accounting costs associated with Customer invoicing
shall be borne by the Contractor,and are included in the service fees included as Exhibit D.
Customers may not suspend Garbage collection services, but may reduce their service to the minimum
offered. The Contractor shall reconcile their Customer list with a City-provided list of addresses to identify
potential Customers not in compliance with City's mandatory collection ordinance. The timing and City
list format shall be arranged between the City and the Contractor, but the Customer list reconciliation
shall occur no less frequently than annually.
The Contractor shall be responsible for the following:
• Generating combined Garbage, Recyclables,and Compostables collection bills for all Customers;
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• Billing Single-family Customers quarterly and all other Customers monthly;
• Generating bills printed double-sided, on at least thirty percent (30%) post-consumer recycled-
content paper, unless a Customer has opted for paperless billing in which case no paper bill shall
be generated;
• Generating bills that include at a minimum a statement indicating the Customer's current service
level, current charges, including itemized extra services, and payments, appropriate taxes and
fees,Customer service contact information and website information;
_ • Generating bills that clearly state the date at which late fees will be assessed for non-payment;
• _Generating bills that have sufficient space on the front of the bill for educational or informational
messaging,as directed by the City;
• Accepting payment in person from Customers at a location within the City, and on-line at the
Contractor's website. Customers shall be able to make payments by cash, check, or debit/credit
card at physical locations;
• Accepting automatic ongoing payments from Customers via debit or credit card, checking or
savings account withdrawal, or by wire transfer. Customer shall be provided with withdrawal or
transfer date options and one option shall be to pay the day prior to when late fees are due. No
transaction fees may be levied on any Customer payments;
• Accepting, processing, and posting payment data each business day;
• Accepting bill inserts from the City for specific Customer sectors;
• Maintaining a system to monitor Customer subscription levels, record excess Garbage or
Compostables collected, place an additional charge on the Customer's bill for the excess
collection,and charge for additional services requested and delivered.This system shall maintain
a Customer's historical account data for a period of not less than six(6)years from the end of the
fiscal year in accordance with the City's record retention policy, and in a manner that is
instantaneously accessible to Customer service representatives needing to refer to Customer
service data and history;
• Accepting and responding to Customer requests for service level changes, missed or inadequate
collection services,and additional services;and
• Initial collection attempts to recover unpaid charges from Customers, consistent with the Billing
Operations Plan.
• Customer credits for paperless billing provided by Contractor to Customers at Contractor's
expense.
• Providing statutory notice of rate changes to Customers consistent with State law.
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The Contractor shall be required to have procedures in place to backup and minimize the potential for the
loss or damage of the account servicing (e.g., Customer service, service levels, and billing history)
database.The Contractor shall ensure that at a minimum a daily backup of the account servicing database
is made and stored off-site.The Contractor shall also provide the City with a copy of the Customer service
database by e-mail or electronic media on a monthly basis.The City shall have unlimited rights to use the
Customer service database, including, but not limited to, developing targeted educational and outreach
programs, analyzing service level shifts or rate impacts, and/or providing information to successor
contractors.
Upon seven (7) days written notice,the Contractor shall provide the City with a paper and/or electronic
copy at the City's discretion of the requested Customer information and history,including but not limited
to.Customer names, service and mailing addresses, contact information, service levels, and current
account status.
The City reserves the right to review and approve in writing the bill template used by the Contractor as to
format and design to ensure Customer satisfaction.
In the event the Contractor has;repeated problems implementing and satisfactorily performing Contractor
billing,the City may elect to shift back to City billing upon 60 days' notice to the Contractor. The City and
Contractor agree to negotiate the timely implementation of that shift and the associated reduction in
Contractor rates based on the Contractor's original proposal in response to the City's 2020 procurement
for this Contract.
4.3.4 Reporting
The Contractor shall provide monthly, annual, and ad hoc reports to the City. The Contractor report
formats may be modified from time to time at the City's request at no cost to the City. In addition, the
Contractor shall allow City staff access to pertinent operations information related to compliance with the
obligations of this Contract,including,but not limited to,vehicle route assignment and maintenance logs,
Garbage, Recyclables, and/or composting facility certified weight slips, and Customer charges and
payments.
4.3.4.1 Monthly Reports
On a monthly basis, by the last working day of each month, the Contractor shall provide a report
containing the following information for the previous month. Reports shall be submitted in an electronic
format approved by the City and shall be certified as accurate by the Contractor. At minimum, reports
shall include:
1. A billing summary that provides the number of Customers billed at each service level (e.g., by
container size, extra services) for each service sector(e.g., Single-family Residence, Multifamily
Complex, Commercial Customers, and Drop-box hauls by Container size), the total number of
Customers for each type of service by sector, Customer receipts by each service level, and total
billings.
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2. A log of all Customer requests, complaints, inquiries, and site visits, including Customer name,
property name and address, date of contact or site visit, reason for site visit, and a summary of
the resolution or results of these Customer requests,complaints, and inquiries.
3. Reports from the Contractor's customer service telephone system summarizing daily data for
total call volume,total calls answered, and average speed of answer.
4. Website utilization report showing total number of Customers managing their services on-line,
total number of e-mails received via website, data on website usage, and other data or
information as the City may require.
5. A summary of total Garbage,Recyclables,and Compostables quantities collected(in tons)for each
collection sector by month and year-to-date. The summary shall include program participation
statistics including: a summary of Multifamily Complex and Commercial participation in recycling
programs and set-out statistics for Residential Garbage,Compostables,and Recyclables collection
services. Where item counts are more appropriate for certain Recyclables or Bulky Wastes (e.g.,
appliances, bulky materials,etc.),reporting item counts is acceptable.The summary shall include
the names of;facilitiesused for all materials and the total monthly tonnage delivered to each
facility.
6. A summary of Recyclables quantities, contamination levels and processing residues disposed as
Garbage.
7. A description of any vehicle accidents, infractions,and reported leaks.
8. A description of any changes to collection routes,Containers,vehicles(including back-up vehicles
with the truck number and date of use to track limits on vehicle use),customer service provision,
or any other related activities affecting the provision of services.
9. A description of any promotion, education, and outreach efforts, including Contamination.
Reduction Plan outcomes and including samples of distributed materials, and summary of any
feedback or response received from Customers.
10. A description of Contractor activities and tonnages for City services and events.
11. A list of potential Customers that are in non-compliance with the City's mandatory collection
requirements, including name, service address, mailing address, phone, e-mail contact
information,Contractor attempts to retain the Customer and date of last service.
12. A description of performance elements for the City's litter collection program including: the
number of bags used, biological clean-ups, litter can overflow events, graffiti removal (if any),
pressure washing(if any), and additional event services(if any).
If collection vehicles are used to service more than one Customer sector per route or per load, the
Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting
of collection volumes and quantities from the different sectors. The apportioning methodology shall be
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subject to the prior review and written approval of the City,and shall be periodically verified through field-
testing by the Contractor.
4.3.4.2 Annual Reports
On an annual basis, by the first working day of March,the Contractor shall provide a report containing the
following information for the previous year:
1. A consolidated summary and tabulation of the monthly reports,described above.
2. A discussion of highlights and other noteworthy experiences, along with measures taken to
resolve problems, increase efficiency, and increase participation in, and volume of, Recyclables
and Compostables collection programs.
3. A discussion of opportunities and challenges expected during the current year, including steps
planned to take advantage of opportunities and resolve the challenges.
4. A discussion of promotion,education,and outreach efforts,and accomplishments for each sector.
5. An inventory of current collection vehicles and other major equipment, including model, year,
make,serial or VIN number,assigned vehicle number,mileage(if vehicle), and collection sector.
6. A list of Multifamily Complexes eligible for Recycling and Compostables collection service but not
receiving one or both services, with the results of required contacts made by Contractor during
the year to promote the Recycling and/or Compostables service to those complexes,including the
reason why the Multifamily Complex is not receiving Recycling and/or Compostables service.
7. A list of Commercial Customers eligible for Recycling and Compostables collection service but not
receiving one or both services, with the results of required contacts made by Contractor during
the year to promote the Recycling and/or Compostables service to those sites, including the
reason why the Commercial Customer is not receiving Recycling and/or Compostables service.
8. A summary of the monthly logs of Customer requests, complaints, inquiries, site visits, and
resolutions or results, as required in Section 4.3.4.1. The summary shall organize Customer
requests, complaints, inquiries, and site visits by category (e.g., missed pickups, improper set-
ups).
The annual report shall be specific to the City's operations, written in a format appropriate for contract
management and shall not be a generalized listing of Contractor activities in the region or elsewhere.
4.3.4.3 Ad Hoc Reports
The City may request and receive from the Contractor up to twelve (12) ad hoc reports each year, at no
additional cost to the City.These reports may include customer service database tabulations to identify
specific service level or participation patterns or other similar information. Reports shall be provided in a
City-defined format and with Microsoft software (or other City-approved software) compatibility.These
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reports shall not require the Contractor to expend more than one hundred (100) staff hours per year to
complete.Contractor shall respond to Ad Hoc Report requests within five working days.
4.3.4.4 Other Reports
If requested by the City, the Contractor shall provide daily route information for all service sectors and
collection streams for the purpose of evaluating potential collection system changes during the Term of
the Contract.
4.3.5 Promotion and Education
The Contractor, at its own cost and at the direction of the City, shall have primary responsibility for
developing, designing, executing, and distributing public promotion, education, and outreach programs.
The Contractor shall also have primary responsibility for providing annual service-oriented information
and outreach to Customers, distributing City-developed promotional and educational pieces at the City's
direction, and implementing,on-going recycling promotion, education, and outreach programs at the
direction of the City. The Contractor shall also coordinate and work cooperatively with City staff and/or
consultants hired to conduct outreach and education,and otherwise provide technical assistance.
The City and Contractor shall jointly plan the Contractor's specific promotion and education program for
the following year, including updating outreach materials and/or refining targeted audiences. The City
may elect to assist the Contractor with development of promotional material layout and text,as staff time
allows, otherwise the Contractor shall be responsible for all design and production. All promotional,
educational,and informational materials provided by the Contractor to Customers in connection with the
Contract shall be designed,developed, printed,and delivered by the Contractor,at the Contractor's cost,
and subject to the City's final written approval as to form,content,and method of delivery.The City shall
review and approve all materials with.a minimum review period of two (2)weeks provided in all cases by
the Contractor to allow sufficient time for review and approval.
Each year,the Contractor shall produce and deliver an annual comprehensive service packet to all Single-
Family and Mobile Home Park Residences with Single-Family style services in the Service Area which shall
include, at a minimum, information on the proper disposal of Garbage, Recyclables, and Compostables;
rate information;disposal options for difficult-to-recycle items and hazardous wastes;the annual service
schedule calendar;contact information;and any other pertinent information. The annual packet may be
distributed in print or electronic format at the option of the resident.
Each year,the Contractor shall produce and deliver an annual comprehensive service packet to all Multi-
family and Commercial Customers in the Service Area which shall include, at a minimum, information on
the proper disposal of Garbage, Recyclables, and Compostables; rate information; disposal options for
difficult-to-recycle items and hazardous wastes; contact information; and any other pertinent
information. The annual packet may be distributed in print or electronic format at the option of the
Customer. Upon request, Customers shall be provided with sufficient printed materials to distribute to
tenants or lessees.
Specific procedures for Multifamily Complexes:
The Contractor shall coordinate with the site manager or owner of Multifamily Complexes, either upon
request and/or to facilitate coming into compliance with recycling volume thresholds or contamination
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thresholds.This may include door-to-door education,training of residents and/or property management
staff, signage and posted information, addressing space and capacity constraints. The Contractor shall
also coordinate and work cooperatively with City staff and/or consultants hired to conduct outreach and
education, and otherwise provide technical assistance. Although subject to change over the term of this
contract, the initial recycling volume thresholds are established as 0.12 cubic yards per week per unit
(approximately 96 gallons per month)and a target of 5%or less contamination by volume.
The following actions may be taken by Contractor whenever responding to contamination of Recyclables
or Compostables at Multifamily Complexes.A combination of these actions shall be appropriate in cases
where contamination is readily apparent prior to emptying Containers at the complex (which upon
discovery by Contractor, or following a field determination made by the City, is termed a "Haul or Call"
event). Failure to implement these actions will result in damages as specified in Section 6.1.
• Immediately providing the City with photo documentation of the contamination, along with a
record of container size,location within the Complex,and other pertinent information.
• Specifically-tailored recycling service plans (establishing service volume and container
location/access needs, auditing service levels/frequency/schedule, and verifying and monitoring
related changes), as well as providing follow-up outreach as needed to achieve optimal
participation and compliance with recycling participation regulations.
• Monitoring tenant access to collection containers at the Complex, and the resulting
contamination levels of recyclable materials, then implementing appropriate remedies by
identifying the source or cause of contamination and then planning, assigning, and promoting
corrective actions for: propertymanagement and site maintenance personnel, valet-style
- recycling service providers, and/or individual tenants as appropriate. This will then be followed
by ongoing:monitoring to ensure implementation of appropriate remedies.
• Installation and/or use of lock bars/locks,specialized lids with slots for Detachable Container lids,
and adjusting container size, placement/location, or service frequency in manners intendedto
reduce or eliminate contamination of Recyclables.
• Distribution of outreach materials as needed.
• Door-to-door canvassing and related on-site assistance to property management, maintenance
staff,and residents as needed.
• Pertinent training of on-site personnel including maintenance staff,volunteers, users of recycling
services,and valet-style recycling service provider(s).
• On-site visual surveys,tracking,and documentation as needed.
• Other related assistance to encourage Multifamily Complex participation in ongoing recycling
practices, focusing on the reduction and elimination of contamination sources and/or changing
behaviors that result in contamination of recyclables.
Specific procedures for Commercial Customers:
The Contractor shallcoordinate with Commercial Customer site managers or owners to provide outreach
to tenants in multi-tenant buildings, office parks,and strip malls and similar situations where Contractor
services are shared among tenants. Contractor shall do this either upon request and/or to facilitate
coming into compliance with recycling volume thresholds or Recyclables and/or Compostables
contamination reduction goals. This may include door-to-door education, training of tenants and/or
property management staff, signage and posted information, and addressing space and capacity
constraints.
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4.3.6 Transition to Next Contractor
The Contractor shall work with the City and any successive contractor in good faith to ensure minimal
Customer disruption during the transition period from the City's previous contractor to the City's new
Contractor. Container removal and replacement shall be coordinated between the Contractor and a
successive contractor to occur simultaneously in order to minimize Customer inconvenience. In the event
that the City does not elect to retain all Contractor's Containers pursuant to Section 4.1.15.3, the
Contractor shall remove any Containers for all services or any portion of services provided under this
Contract upon sixty(60)days'written notice from the City.
Upon written request of the City at any time during the term of this Contract,the Contractor shall provide
a detailed customer list, including customer name, service address, mailing address, and collection and
container rental service levels to the City in Microsoft Excel format(or other City-approved format)within
seven (7) days of the City's request.
The parties recognize that a failureto comply with this provision will damage the City, but that
determination of such damage will be difficult and burdensome;therefore, the parties agree that in the
event of a breach of this provision the Contractor shall pay the City five hundred thousand dollars
($500,000)for the material breach of this;Contract provision. Payment shall be made within twenty(20)
business days of the end of this Contract.
The provisions of this section shall survive the termination or expiration of this Contract.
5.COMPENSATION
5.1 Compensation to the Contractor
5.1.1 Rates
The City manages a solid waste utility fund and sets Customer rates in accordance with City rate policies
as needed to fund City obligations. Those obligations include paying the Contractor for collection services,
paying for Garbage disposal(if the City chooses that option)and other functions related to The City's solid
waste system. The City will set retail rates for Customers and will inform the Contractor of the retail rates
to be charged no later than ninety (90) days prior to the implementation of the rate change. The City's
setting of retail rates is separate from, and distinct, from the Contractor compensation rates listed in
Exhibit D, as adjusted by Section 5.2. The Contractor shall promptly implement the City's rates changes
and provide notification of pending rate changes on Customer bills. The Contractor shall provide all billing
functions for services under this Contract and shall collect funds from Customers on the City's behalf as
the City's billing agent. Customer remittances are the property of the City and not the Contractor.
The Contractor shall be responsible for billing and collecting revenue from Single-Family Residence,
Multifamily Complex,and Commercial Customers in accordance with the charges for services directed by
the City.The City shall pay the Contractor for services rendered,in accordance with Exhibit D(as adjusted
pursuant to this Contract), within thirty (30) days of receipt of Contractor's monthly invoice for such
services. The City's payments to the Contractor shall comprise the entire compensation due to the
Contractor.
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The City is not required under this Contract to make any payments to the Contractor for services
performed,or for any other reason,except as specifically described in this Contract or for services the City
obtains as a Customer.
In the event that the-Contractor or a Customer desires solid waste-related services not specifically
addressed in this Contract, the Contractor shall propose service parameters and a rate to the City in
writing, based on the average of surrounding WUTC tariffs if such service is addressed in current tariffs.
Upon the City's written approval, the Contractor may provide the requested services and may be
authorized to directly invoice the Customer the Contractor's retail rate for those services. In no case shall
the Contractor provide unauthorized services or charge unauthorized rates.
The City provides Senior low-income..and/or disabled resident discounts to certain Single-family
Residential Customers meeting the City's-eligibility criteria. The City shall provide the Contractor with an
initial list of eligible accounts and shall provide the Contractor with provisions of the City's ordinance so
that the Contractor may implement thepolicy for Customers requesting the discount in the future. The
Contractor's compensation from the City will not be reduced for those Customers.
5.1.2 Itemization on Invoices
All applicable City,County,and Washington State solid waste or household hazardous waste taxes or fees,
utility taxes (if itemized), and (if allowed under the last paragraph of Section 5.1.2) sales taxes shall be
itemized separately on.Customer invoices and added to the charges listed in Exhibit D.
At the City's option, recycling commodity credit or debits may be itemized on Single-Family Customer bills
instead of directly credited/debited to the City,in accordance with Section 5.2.4 and Exhibit F.
Charges for excess Garbage or Compostables, Single-family, Multifamily Complex, and Commercial
Compostables collection, Drop-box Container, On-call collection services, On-call fee-based Bulky Waste
collection services,Container rentals,or temporary Container services shall be itemized on the Customer
invoices separately by the Contractor,and may at no time exceed the charges set-forth in Exhibit D.
The County disposal fee as it exists on the date of execution or as thereafter modified shall be itemized
separately on Customer invoices with charges for Drop-box Container service.The Contractor shall charge
Drop-box Customers the actual disposal cost.
The Contractor shall not separately charge sales tax for services that include any Container as part of the
overall service package. Only Services that separate and itemize optional container rental (specifically
Drop-box Container rental) shall have sales tax charged and listed on Customer invoices.The Contractor
shall pay appropriate sales tax upon purchase of all equipment and Containers, and those costs are
included in the rates provided in Exhibit D. In no case shall Customers be separately charged sales taxes
paid by the Contractor on its equipment and Containers.
Except as otherwise expressly provided for by the Contract,the Contractor shall not adjust or modify rates
due to employee wage increases, changes in Compostables processing fees, Garbage collection service
level shifts,or other changes affecting the collection system.
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5.2 Compensation Adjustments
5.2.1 Annual CPI Service Component Modification
The Contractor's collection service charges and miscellaneous fees and Contract options contained in
Exhibit D,excluding waste disposal fees,for each level of service shall increase each year by one hundred
percent (100%) of the annual percentage change in the Consumer Price Index ("CPI") for the Seattle-
Tacoma-Bellevue Metropolitan Area for the U.S. City Average Urban Wage Earners and Clerical Workers,
all items (Revised Series) (CPI=W1982-84=100) prepared by the United States Department of Labor,
Bureau of.Labor Statistics,or a replacement index.Adjustments shall be based on the twelve (12) month
period ending June 30 of the previous year that the request for increase is made. For example, an
adjustment-to the Contractor's collection service charge for 2023 will be based on the CPI for the twelve
(12) month period ending June 30, 2022.
In the event that the CPI index series decreases year-to-year,the service component of Contractor rates
shall remain unchanged, and the successive year's adjustment shall be based on the most recent June 30
CPI index value. In the event that the CPI:index series increases over five percent (5%)year-to-year,the
actual adjustment used shall be capped at five percent (5%), and the successive year's adjustment shall
be based on the most recent June 30 CPI index value
Adjustments to the Contractor's collection service charge shall be made in units of one cent ($0.01).
Fractions less than one cent($0.01)shall not be considered when making adjustments.
Beginning January 1,2023,.Contractor's compensation shall be adjusted annually pursuant to this section.
The Contractor shall submit in writing and electronic form to the City for review and verification a Rate
Adjustment Statement, calculating the new rates for the next year, on or by October 1 of each year,
starting October 1,2022. In the event that the Contractor does not submit a Rate Adjustment Statement
by October 1, the City shall calculate and unilaterally implement a rate adjustment based on the best
available information as of October 1 of that year for the applicable period and the Contractor may not
appeal this action. Upon completion of the City's review and verification,absent any City exception to the
Contractor's calculations,the new rates shall take effect on January 1 of the following year. An example
of rate adjustments due to CPI changes is provided in Exhibit E.
5.2.2 Changes in Disposal and Composting Fees
Periodic adjustments shall be made to Contractor collection rates to reflect increases or decreases in
County disposal fees for Garbage. In the event of a change in disposal fees, the disposal fee component
of rates charged to Customers shall be adjusted, based on percentage increase or decrease in disposal fee
applied to the disposal components included in Exhibit D of this Contract. Disposal fee changes shall be
effective on the date of the County's implementation. Any change in the King County Garbage disposal
fee between the Date of Execution and the Date of Service Commencement shall be handled as a normal
disposal fee change applied as a pass-through on rates in accordance with this paragraph.
An example of rate modifications due to disposal fee changes is provided in Exhibit E.
In the event that Compostable processing fees that the Contractor pays a third party increase substantially
more than the escalation factor described in Section 5.3.1 due to changes in law or regulation, the
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Contractor may submit to the City a request to consider a compensating rate adjustment for the amount
of the impact above the normal inflationary,adjustment. Any request shall be made in conjunction with
the annual rate process. The City shall review the request promptly and may, at its sole discretion,allow
the Contractor to increase rates by a City-specified amount to compensate for increased Compostables
processing costs.
- 5.2.3 Changes in Disposal or Compostables Processing Sites
If the Contractor is required by the City or other governmental authority to use Garbage disposal or
Compostables processing sites other than those being used at the initiation of this Contract, the
Contractor shall submit a detailed proposal for the adjustment of the rates to reflect any additional cost
or savings to the Contractor. It is intended that the Contractor's rates pursuant to this Contract in such a
case will be adjusted so as to pass through any resulting additional costs incurred by the Contractor to the
Contractor or any additional savings to the Contractor to the City. The City and Contractor agree to
negotiate in good faith to make any changes to the rates to accomplish a pass-through of any such costs
or savings.
If the Contractor is no longer able to find a processing site for all collected Compostables, after a good
faith effort to locate a processing facility:acceptable to the City, the City reserves the right to drop the
collection,of affected components of Compostables,such as Food Scraps,from the Contract and the City
and the Contractor shall negotiate rate reduction in good faith to reflect the reduction in service. If the
Contractor is subsequently able to find a processing site for Compostables or the site that was originally
used for processing Compostables is able to resume taking the dropped materials, the City reserves the
right to reinstate the collection of those materials and to reverse the previously agreed rate reduction for
the reduction in service.
5.2.4 Recycling Commodity Value
The City and Contractor agree that the Contractor rates in Exhibit D include all Recyclables processing and
marketing costs, including processing residual disposal, but exclude the value of processed commodities.
The value of processed commodities shall be credited/debited to the City on the Contractor monthly
service invoice.
The Contractor shall provide to the City a City-approved monthly commodity value calculation form with
its monthly billing reconciliation showing how the total value of the credit/debit was calculated and
applied to the Contractor's service billing for the preceding month. The credit/debit calculation process
is described further in Sections 5.2.4.1,5.2.4.2,and 5.2.4.3.
5.2.4.1 Determining Recycling Tonnage
Recycling tonnage used for commodity credit/debit calculations shall be determined by summing
separately the scale weights'of all Residential and Commercial quantities of Recyclables collected from
Customers and delivered to a processing facility under the terms of this Contract during the preceding
month. The City may audit the routes and/or scale tickets at any time to confirm reported quantities and
may require the Contractor to correct any reporting deficiencies found.
5.2.4.2 Determining Composition of Recycling Mix
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For the period October 1, 2021 through December 31, 2022,the results of the most recent Residential
and Commercial composition sorts (excluding residual) conducted at the Contractor's Cascade Recycling
Center shall be used as the default composition of marketed recyclables for the purpose of calculating net
commodity value. Separate Residential and Commercial composition data shall be used, if available.
For the period January 1, 2023 through the end of the Contract term, the following approach shall be
used:
Residential:The Residential sort data from the quarterly sorts conducted by the Contractor and the City
of FederalWayfrom September 2020 through August 2021 shall be averaged to determine Residential
composition of processed recyclables (corrected to exclude residual materials).
Commercial:The Contractor shall conduct a one-day sampling of one Commercial route each quarter for
five quarters from Fall 2020 through and including Fall 2021. The Commercial route shall be selected to
ensure that a representative cross-section of Auburn Commercial Customers is included on that route
day. If a sufficiently representative existing route does not exist,the Contractor and City shall determine
which Customers to sample on a special route to develop a representative sampling. The resulting
composition data shall be averaged to determine Commercial composition of processed Recyclables
(corrected to exclude residual materials).
- Starting January 1,2024,either Party may request a sort of a statistically significant quantity of Residential
and/or Commercial Recyclable material delivered to the Contractor's processing facility to update the
commodity composition used to calculate the credit/debit to the City, provided that the sampling
methodology provides a representative and accurate sampling of the seasonally-adjusted commodity
stream. This methodology shall be mutually agreed upon by the Parties prior to conducting the sort(s).
The Contractor shall provide a location and staffing to conduct the sort(s)at its own cost and the City shall
have the option of observing sorting, data collection,and reviewing the analysis,at the City's cost.
Alternatively, the Parties may mutually agree to use data from another City, the Contractor's Cascade
Recycling Center, or other source to update the commodity composition, as appropriate. Upon review
and approval by both Parties, the new composition results shall be used to calculate the monthly
credit/debit as soon as practicable. The Parties may mutually agree to an alternate published source for
commodity values in the event that www.RecvclingMarkets.Net becomes unavailable or no longer
represents reasonable values in the regional market in the opinion of either Party.
5.2.4.3 Determining Commodity Values
The calculated average commodity value shall be determined by using the projected composition of
marketed Recyclables for Residential and Commercial sectors described in Sections 4.2.2 and 4.2.5 and
then multiplying the value of each individual commodity by the most recent value for that baled
commodity as reported by www.RecyclingMarkets.Net (Regional High Price — Pacific NW), as shown in
Exhibit F.
The Parties may mutually agree to a successor published source for commodity values in the event that
RecyclingMarkets.Net becomes unavailable or no longer represents reasonable values in the regional
market in the opinion of either Party.
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5.2.4.4 Calculating Net Commodity Credit/Debit to City
The monthly Credit/Debit to City shall be calculated as follows:
[Recyclable tons collected during previous month from Residential sources x average Residential
commodity value] + [Recyclable tons collected during previous month from Commercial sources
x average Commercial commodity value].
An example calculation is provided in Exhibit F.
5.2.5 New or Changes in Existing Taxes
If new municipal, county, regional, or Washington State taxes or fees are imposed, the rates of existing
taxes (excluding changes to the rates for federal taxes) or fees are changed, or new road or bridge tolls
necessarily affecting the Contractor's operations under this Contract imposed after the Date of Execution
of this Contract, and'the impact of these changes results in increased or decreased Contractor costs in
excess of five thousand dollars($5,000) in the aggregate annually,the Contractor shall submit a detailed
proposal for the adjustment of the rates to reflect any additional costs or savings to the Contractor.The
Contractor and City shall enter into good faith negotiations to determine whether compensation
adjustments are appropriate for the amount exceeding the five thousand dollar ($5,000) aggregated
threshold (in cases in which'the threshold applies)and if so,to determine the amount and the method of
adjustment.
5.2.6 Change in Law
Except to the extent addressed otherwise in this Contract, changes in federal, state, or local laws or
regulations (that do not apply to tax or fee rates)that result in a detrimental change in circumstances or
a material hardship for the Contractor in performing this Contract may be the subject of a request by the
Contractor for a rate adjustment, subject to review and approval by the City. If the City requires review
of financial or other information in conducting its rate review under this provision, then the City may
retain a third-party to review such information at the Contractor's expense, taking whatever steps are
reasonably feasible, appropriate and lawful to protect the Contractor's documents identified as
confidential and proprietary by the Contractor.
6. FAILURE TO PERFORM,REMEDIES,TERMINATION
The City expects high levels of Customer service and collection service provision. Performance failures
shall be discouraged,to the extent possible,through specific performance fees for certain infractions and.
through Contract default for more serious lapses in service provision. Section 6.1 details infractions
subject to performance fees and Section 6.2 details default provisions and procedures.
6.1 Performance Fees
The City reserves the right to make periodic, unscheduled inspection visits to determine the Contractor's
compliance with the provisions and requirements of this Contract. In the event that the City's inspection
reveals that the Contractor has failed to satisfactorily perform any duties of this Contract, the City shall
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present an incident report to the Contractor detailing such unsatisfactory performance. The Contractor
and the City agree that upon receiving such report,the Contractor shall pay the following dollar amounts,
not as a penalty,but as performance fees for failure to satisfactorily perform its duties under this Contract.
The City and the Contractor agree that the City's damages would be difficult to prove in any litigation and
that these dollar amounts are a reasonable estimate of the damages sustained by the City as a result of
the Contractor's failure to satisfactorily perform its duties under this Contract. The performance fees in
this Section 6.1 shall not apply to the service impacts of Labor Disruptions,as separate performance fees
shall apply under those circumstances, as described in Section 4.1.19.
Performance fees shall include:
Action or Omission Performance fees
1 Collection before or after'.the times specified in Section Five hundred dollars ($500) per
4.1.3,exceptas expressly_permitted in writing. incident (each vehicle on each
route is a separate incident).
2 Repetition of complaints on a route after City notification, Fifty dollars ($50) per incident,
including,but not limited to,failure to replace Containers in not to exceed five hundred
designated locations, spilling, not closing gates, not dollars ($500) per vehicle per
replacing lids,crossing planted areas,or similar violations. day.
3 Failure to clean-up or collect leaked or spilled materials The cost of cleanup to the City,
and/or failure to notify the_City within three (3) hours of plus five hundred dollars ($500)
incident. :. . per incident.
4 City Observed leakage or spillage from Contractor vehicles Five hundred dollars ($500) per
or of vehicle contents. vehicle, per inspection, plus
clean-up costs (and potential
code fines/penalties).
5 Failure to replace a leaking Container within one (1) One hundred dollars ($100) per
business day of notification. incident, and then one hundred
dollars ($100) per day that the
Container is not replaced.
6 Failure to collect missed materials within one (1) business Fifty dollars($50) per incident to
day after notification. $50.00 each incidence business day a maximum of five hundred
after notification dollars ($500) per vehicle per
day.
7 Missed collection of a block segment of Single-Family Two hundred fifty dollars ($250)
Residences (excluding collections prevented by inclement per block segment if collection is
weather, but not excluding collections prevented by performed the following day;
inoperable vehicles).A block segment is defined as one side one thousand dollars ($1,000) if
of a street, between cross-streets, not to exceed fifty (50) not collected by the following
houses. day.
8 Collection as Garbage of non-contaminated Source- One thousand dollars ($1,000)
separated Recyclables, Yard Debris, or Compostables in per incident.
clearly identified containers, bags, or boxes.
9 Rejection of Garbage, Recyclables, Yard Debris or One hundred dollars ($100) per
Compostables without providing documentation to the incident.
Customer of the reason for rejection.
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Action or Omission Performance fees
10 Failure to deliver Containers within three(3)days of request One hundred dollars ($100) per
to Multifamily Complex or Commercial Customers incident.
requesting service after the Date of Commencement of
Service.
11 Failure to deliver Garbage, Recyclables or Compostables Twenty-five dollars ($25) per
Containers within seven(7)days of request to Single-Family incident.
Residence Customers requesting service after the Date of
Commencement of Service.
12 Misrepresentation by Contractor in records or reporting. Five thousand dollars ($5,000)
per incident.
13 Failure to provide the required monthly and annual reports Five hundred dollars ($500) per
on time. Failure to provide adequate or timely response to day past deadline.
a request for an Ad Hoc report.
14 Failure to maintain clean, sanitary and properly painted Fifty dollars ($50) per incident,
Containers. Failure to replace or repair broken lids on up to maximum of one thousand
Containers. dollars ($1,000) per inspection.
15 Failure to maintain contract-compliant vehicles. Fifty dollars ($50) per incident,
up to maximum of one thousand
dollars ($1,000) per inspection.
16 Failure to meet Customer service answer and on-hold time One hundred dollars ($100) per
performance requirements specified in Section 4.3.2.4. day.
17 Failure to meet the serviceand performance standards Two hundred and fifty dollars
listed in Section 4.3.2 (inclusive of subsections) of this ($250) per day until the service
Contract fora period of two(2) consecutive months. standards listed in Section 4.3.2
are met for ten (10) consecutive
business days.
18 Failure to ensure that all Customers have contract Five thousand dollars ($5,000)
compliant Garbage, Recycling, and Compostables per day, plus twenty-five dollars
Containers on or before the Date of Commencement of ($25) per Container for each
Service. incident occurring after the Date
of Commencement of Service.
19 Failure to include City-authorized instructional/promotional Fifty dollars ($50) per incident,
materials when a new Garbage, Recycling, and/or with no maximum.
Compostables account is established. .
20 Failure to separate collection of materials from Service Area Five thousand dollars ($5,000)
Customers from non-service area customers, unless such per route per day.
collection is authorized in writing by the City.
.
21 Inability to reach the Contractor's staff via the emergency Two hundred-fifty dollars ($250)
telephone number. per incident.
22 The use of outdated, or non-City-approved stickers, or lack Fifty dollars ($50) per Container.
of required stickers on Contractor provided Containers.
23 Failure to have correct rates for all Customer sectors and Two hundred-fifty dollars ($250)
service levels listed on the Contractor's website. per day,with no maximum.
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Action or Omission Performance fees
24 Failure to maintain, or reduction of, Recyclables or $500 per Complex
Compostables service volume below established thresholds
for Multi-Family Customers without prior City permission.
25 Failure to close lids on Detachable Containers after Fifty dollars ($50) per incident,
emptying. _ up to maximum of one thousand
dollars ($1,000) per inspection.
26 Failure to investigate,follow-up,and rectify,a"Haul or Call" $250 per Complex
event at a Multifamily Complex as described in Section
4.3.5.
Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the
Contractor that shall be considered violations or breaches of the Contract, and the City reserves the right
to exercise any and all remedies it may have with respect to these and other violations and breaches.The
performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as
described in Section 6.2.
Performance fees, if assessed during a given month, shall be invoiced in writing by the City to the
Contractor.The Contractor shall be required to pay the City the invoiced amount within thirty (30) days
of billing. Failure to pay performance fees shall be considered a breach of this Contract, and shall accrue
penalty charges of eight percent(8.0%) per month of the amount of any delinquent payments.
Any performance fees assessed against the Contractor may be appealed by the Contractor to the City
within ten (10) days of being invoiced for assessed performance fees.The Contractor shall be allowed to
present evidence to the Auburn Finance Department Director as to why the amount of the assessed
performance fees should be lessened or eliminated, including the provision of incorrect information
provided by a previous contractor forcontractfailures during the initial transition period. The City's
decision shall be final and not subject to appeal.
6.2 Contract Default
The Contractor shall be in default of this Contract if it violates any material provision of this Contract. In
addition, the Contractor shall be in default of the Contract should any of the following occur, including,
but not limited to:
1. The Contractor fails to commence the collection of Garbage, Recyclables, or Compostables, or
fails to provide any portion of service under the Contract on the Date of Commencement of
Service,or for a period of more than five(5)consecutive days at any time during the term of this
Contract,except as provided pursuant to Section 4.1.19;
2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license
required by the City, County, or any federal, State, or other regulatory body in order to collect
materials under this Contract,or comply with any environmental standards and regulations;
3. The Contractor's noncompliance creates a hazard to public health or safety or the environment;
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4. The Contractor causes uncontaminated Recyclables or Compostables to be disposed of in any
way,such as in a landfill or incinerated at an incinerator or energy recovery facility, without the
prior written permission of the City;
5. The Contractor fails to make any required payment to the City,as specified in this Contract;
6. The Contractor is assessed performance fees pursuant to Section 6.1 in excess of fifteen thousand
dollars($15,000)during any consecutive six(6) month period;or
7. The Contractor fails to resume full service to Customers within twenty-one days following the
initiation of a labor disruption pursuant to Section 4.1.19.
The City reserves the right to pursue any remedy available at law or in equity, including injunctive relief,
for any default by the Contractor. In the event of default,the City shall give the Contractor ten (10) days'
prior written notice of its intent to exercise its rights, stating the reasons for such action; however, if an
emergency shall arise(including but not limited to a hazard to public health or safety or the environment)
that does not allow ten (10) days prior written notice,the City shall promptly notify the Contractor of its
intent to exercise its rights. If the Contractor cures the stated reason within the stated period,or initiates
efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith,the City
may opt not to exercise its rights for the particular incident.If the Contractor fails to cure the stated reason
within the stated period, or does not undertake efforts satisfactory to the City to remedy the stated
reason,then the City may at its option terminate this Contract effective immediately.
If Contractor abandons or violates any material provision of this Contract, fails to fully and promptly
comply with all its obligations, or fails to give any reason satisfactory to the City for noncompliance, and
fails to correct the same,the City, after the initial ten (10) days' notice, may then declare the Contractor
to be in default of this Contract and notify the Contractor of the termination of this Contract. A copy of
said notice shall be sent to the Contractor and surety on the Contractor's performance bond.Upon receipt
of such notice, the Contractor agrees that it shall promptly discontinue the services provided under this
Contract. The surety of the Contractor's performance bond may, at its option,within ten (10) days from
such written notice, assume the services provided under this Contract that the City has ordered
discontinued and proceed to perform same, at its sole cost and expense, in compliance with the terms
and conditions of the Contract,and all documents incorporated herein.
In the event that the surety on the Contractor's performance bond fails to exercise its option within the
ten (10)day period,the City may complete the Services provided under this Contract or any part thereof,
either through contract with another party or any other means.
The City shall be entitled to recover from Contractor and the surety on Contractor's performance bond as
damages for all expenses incurred, including reasonable attorneys'fees,together with all such additional
sums as may be necessary to complete the services provided under this Contract, together with any
further damages sustained or to be sustained by the City. The City may withhold payments due to
Contractor for the purpose of set-off until such time as the exact amount of damages due the City is
determined.A surety performing under this Contract shall be entitled to payment in accordance with this
Contract for Contract services provided by the surety, and shall otherwise be subject to the same rights
and obligations with respect to the Contract services furnished by the surety as would be applicable if the
Contract services were to be performed by the Contractor. The City's obligation to pay for such Contract
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services shall be subject to satisfactory performance by the surety as well as to setoffs or recoupments
for sums, if any, owed by Contractor to City on account of Contractor's abandonment or default.
7.NOTICES
Routine communications between the Contractor and the City's contract manager shall be conducted via
e-mail unless otherwise required under this Contract; All notices referencing change of ownership,
penalties, rate requests, performance fees, or Contract default shall be emailed and provided in writing,
personally served or mailed (postage-prepaid and return receipt requested), addressed to the Parties as
follows,or as amended by either Party, in writing,from time to time. The Contractor shall provide email
addresses for use by the City when sending notices of penalties, performance fees or Contract default.
To The City: Finance Director
City of Auburn
25 West Main Street
Auburn,WA 98001
with copy to:
< City Clerk
City of Auburn - -
25 West Main Street
Auburn,WA 98001
To Contractor:
Area Director of Public Sector Solutions
Waste Management of Washington, Inc.
720 4th Avenue,Suite 400
Kirkland,WA 98033
With copy to: Legal Counsel
8.GENERAL TERMS
8.1 Collection Right
Throughout the Contract Term, the Contractor shall be the exclusive provider with which the City shall
contract to collect Garbage, Compostables, and Recyclables placed in designated Containers and set out
in the regular collection locations within the City Service Area subject to this Contract. When asked by
the Contractor, the City shall make a good faith effort to protect the exclusive rights of the Contractor
under this Contract; however,The City shall not be obligated to join or instigate litigation to protect the
right of the Contractor. The Contractor may independently enforce its rights under this Contract against
third party violators, including, but not limited to, seeking injunctive relief, and the City shall use good
faith efforts to cooperate in such enforcement actions brought by the Contractor(without obligating the
City to join any such litigation,except for as provided in this paragraph). Such efforts may include but not
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be limited to cease and desist letters,assistance with documenting violations,and other activities as City
staff time reasonably allows.
This Contract provision shall not apply to Garbage, Recyclables, or Compostables self-hauled by the
generator; to Source-separated materials hauled by common or private carriers (including drop-off
recycling sites);or to construction/demolition waste hauled by self-haulers or construction or demolition
contractors in the normal course of their business.
The Contractor shall retain the right and cover all costs to dispose of or process and market the Garbage,
and Compostables once those materials are placed in Contractor-provided or City-owned containers.The
Contractor shall cover all costs to process Recyclables once those materials are placed in Contractor-
provided or City-owned containers.
8.2 Access to Records
The Contractor shall maintain in its local office full and complete operations, Customer, financial, and
service records that at any reasonable time shall be open for inspection and copying for any reasonable
purpose by the City. In addition, the Contractor shall, during the Contract term, and at least seven (7)
years thereafter, maintain in an office in King County, reporting records and billing records pertaining to
the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting
the Contractor's services provided under this Contract.Those Contractor's accounts shall include,but shall
not be limited to, all records, invoices, and payments under the Contract, as adjusted for additional and
deleted services provided under this Contract.The City shall be allowed access to these records for audit
and review purposes, subject to the same protections of the Contractor's financial or other proprietary
information set forth in Section 5.3.
The Contractor shall make available copies of certified weight slips for Garbage, Recyclables, and
Compostables on request within two(2) business days of the request.The weight slips may be requested
for any period during the Term of this Contract.
8.3 Insurance
The Contractor shall procure and maintain,for the Term of the Contract,insurance that meets or exceeds
the coverage set forth below,as determined in the sole reasonable discretion of the City.The cost of such
insurance shall be paid by the Contractor.
Contractor's maintenance of insurance as required by this Contract shall not be construed to limit the
liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
8.3.1 Minimum Scope of Insurance
The Contractor shall obtain insurance that meets or exceeds the following of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired, and leased vehicles.
Coverage shall be written on Insurance Services Office("ISO")form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide
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contractual liability coverage.The policy shall include the ISO CA 9948 Form (or its equivalent)for
transportation of cargo and a MCS 90 Form in the amount specified in the Motor Carrier Act.The
policy shall include a waiver of subrogation in favor of the City. The City shall be named as an
additional insured under the Contractor's Automobile Liability insurance policy.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01, or a
substitute form providing equivalent liability coverage and shall cover liability arising from
premises, operations, independent contractors, products-completed operations, personal injury
and advertising injury, andliability assumed under an insured contract. 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 a Primary-
Non Contributory Additional Insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City, using ISO additional insured
endorsements CG 2010 0704 and CG 2037 0704.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4: Contractor's Pollution Liability insurance coverage covering any occurrence of bodily injury,
personal injury, property damage,cleanup costs,and legal defense expenses applying to all work
performed under the contract including that related to transported cargo. The City shall be
named as a Primary-Non Contributory Additional Insured under the Contractor's Pollution Liability
insurance policy.
8.3.2 Minimum Amounts of Insurance
I
Contractor shall maintain at a minimum the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of Ten million dollars ($10,000,000)for each accident. Limits may be achieved
by a combination of primary and umbrella policies.
2. Commercial General Liability insurance shall be written with limits no less than ten million dollars
($10,000,000)for each occurrence,Twenty million dollars ($20,000,000) general aggregate, and
a twenty million dollar($20,000,000)products-completed operations aggregate limit. Limits may
be achieved by a combination of primary and umbrella policies.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4. Contractor's Pollution Liability insurance shall be written with limits no less than ten million
dollars($10,000,000)combined single limit for each pollution condition for bodily injury, personal
injury, property damage,cleanup costs, and legal defense expense.
8.3.3 Other Insurance Provisions
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The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile
Liability,Commercial General Liability,and Contractor's Pollution Liability coverage:
1. The Contractor's insurance coverage shall be the primary insurance with respect to the City, its
officials, employees, and volunteers. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it. The City, its officials, employees, agents, and volunteers shall be named as Primary-Non
Contributory Additional Insured's on the Contractor's Automobile Liability, Commercial General
Liability,and Pollution Liability insurance policies,via blanket-form endorsement.
2. Coverage shall state that the Contractor's insurance shall apply separately to each insured against
whom claimis made or suit is brought,except with respect to the limits of the insurer's liability.
3. Each insurance policy required by the insurance provisions of this Contract shall provide the
required coverage and shall not be canceled except after thirty(30)days'prior written notice(ten
(10) days' notice for non-payment of premium) has been given to the City. Such notice shall be
sent directly to the City. If any insurance company refuses to provide the required notice, the
Contractor or its insurance broker shall notify the City of any cancellation of any insurance
immediately on receipt of insurers' notification to that effect.
4. All Deductibles or.Self Insured Retentions shall be the full responsibility of the Contractor.
5. Insurance Limits required are minimum limits and do not reduce the Defense, Indemnity, Hold
Harmless Liability or any other liabilities of the Contractor.
6. Contractor's failure to maintain the insurance as required shall constitute a material breach of
this contract and upon giving five business days' notice to the Contractor to correct the breach,
City may immediately terminate the contract or,at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith,with any sums so expended to
be repaid on demand.
8.3.4 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:XII.
8.3.5 Verification of Coverage
The Contractor shall furnish the City with original certificates and a copy of the blanket-form amendatory
endorsements as required herein, including, but not necessarily limited to, the additional insured
endorsement,evidencing the insurance requirements of the Contractor at least one(1) month before the
Date of Commencement of Service of this Contract.The Contractor shall provide to the City,upon request,
the current policy maintained by Contractor for any of the policies listed in subsection 8.3.2.
8.3.6 Subcontractors
The Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject
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to all of the same insurance requirements as stated herein for the Contractor, including the requirement
that the City, its officials, employees, and volunteers be named Primary-Non Contributory Additional
Insured's on the Contractor's insurance policy and shall provide applicable endorsements in a form
acceptable and approved by the City.
8.4 Performance Bond
The Contractor shall provide and maintain at all times a valid Contractor's Performance and Payment Bond
or bonds in a form provided by the City in the amount of two million dollars ($2,000,000). The bond(s)
shall be issued for a period of not less than one(1)year,and the Contractor shall provide new bond(s)to
the City no less than sixty(60)calendar days prior to the expiration of the bond(s)then in effect.The City
shall have the right to call,the bond(s) in,full in the event its renewal is not confirmed prior to five (5)
calendar days before its expiration.
8.5 Indemnification
8.5.1 Defend,Indemnify and Hold Harmless
Contractor shall indemnify,defend,protect,and hold harmless the City,its elected and appointed officials,
officers, employees, representatives,volunteers, and agents,from any and all third party claims or suits,
whether judicial or administrative in nature, and any damages, costs, judgments, awards or liability,
including attorney fees, resulting from such claims or suits:
(a) for injury or death of anyperson or damage to property to the extent the same is caused b
-. J Yg P P Y Y
the actual or alleged negligent acts or omissions, or willful misconduct, of Contractor, its
agents,servants, representatives,officers,or employees in the performance of this Contract
and any rights granted hereunder,or
(b) the failure of the Contractor to comply in all respects with the provisions of this Agreement,
or
(c) to the extent such claim or demand is caused by Contractor's violation of any Environmental
Law in its performance of Services and exercise of any rights granted hereunder.
This indemnity under subsection 8.5.1.1(c)includes each of the following to the extent the same is caused
by Contractor's unlawful release of Hazardous Substances in violation of applicable Environmental Laws:
(i) liability for a governmental agency's costs of removal or remedial action for such release by Contractor
of Hazardous Waste; (ii) damages to natural resources caused by Contractor's release of Hazardous
Waste, including reasonable costs of assessing such damages; (iii) liability for any other person's costs of
responding to such release by Contractor of Hazardous Waste; and (iv) liability for any costs of
investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any
Environmental Laws that are caused by Contractor's release of Hazardous Waste. Provided, however,
such indemnification under 8.5.1(c)shall not extend to any claims, demands, liability, loss, cost, damage
or expense of any nature whatsoever including all costs and attorneys'fees caused by the sole negligence
of the City, its agents,employees,official,officers,contractors or subcontractors.
The Contractor's duty to indemnify and defend contained in this subsection shall survive the expiration or
earlier termination of this Agreement.
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8.5.2 Process
In the event any claim for such damages be presented to or filed with the City, the City shall promptly
notify Contractor thereof, and Contractor shall have the right, at its election and at its sole cost and
expense, to settle and compromise such claim, provided further, that in the event any suit or action is
filed against the City based upon any such claim or demand, the City shall likewise promptly notify
Contractor thereof, and Contractor shall have the right, at its election and its sole cost and expense, to
settle and compromise such suit or action,or defend the same at its sole cost and expense, by attorneys
of its own election. The indemnification obligations set forth herein shall extend to claims which are not
reduced to a suit and any claims which may be compromised,with Contractor's written consent, prior to
the culmination of any litigation or the institution of any litigation. The City has the right to defend or
participate in the defense of any such claim at its own cost and expense, provided that Contractor shall
not be liable for such settlement or other compromise unless it has consented thereto in writing.
The provisions contained herein havebeen mutually negotiated by the Parties. Solely to the extent
required toenforce the indemnification provisions of this Section 8.5.1, Contractor waives its immunity
under Title 51 RCW, Industrial Insurance;,provided; however, the foregoing waiver shall not in any way
preclude Contractor from raising such immunity as a defense against any claim brought against Contractor
by any of its employees.
Inspection or acceptance by the City of any Services performed under this Contract shall not be grounds
for avoidance of any of these covenants of indemnification, defense,and hold harmless.
The provisions of this section shall survive the termination or expiration of this Contract.
8.6 Confidentiality of Information
Pursuant to the Washington Public Records Act ("PRA"), Chapter 42.56 RCW, public records, as defined
by the PRA, may be subject to disclosure upon request by any person, unless the documents are exempt
from public disclosure by a specific provision of law.
If the City receives a request for inspection or copying of any proprietary documents, it shall promptly
notify the Contractor in writing regarding the public records request.The City will give the Contractor ten
(10) business days after such notification within which to obtain a court order prohibiting the release of
the documents.The City assumes no contractual obligation to enforce any exemption under the PRA.
If the City receives a request for records that are in the possession of the Contractor and the City
determines that the records are public records under the PRA,Contractor shall cooperate with responding
to the request, including performing searches of its records to identify those that are responsive to the
request.
8.7 Assignment of Contract
8.7.1 Assignment or Pledge of Money by the Contractor
The Contractor shall not assign or pledge any of the money due under this Contract without securing the
prior written approval of the surety of the Contractor's performance bond and providing at least thirty
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(30)days'prior written notice to the City of such assignment or pledge together with a copy of the surety's
approval thereof. Such assignment or pledge, however, shall not release the Contractor or its sureties
from any obligations or liabilities arising under or because of this Contract. The requirements of this
section shall not apply to the grant of a general security interest in the Contractor's assets to secure the
Contractor's obligations under any loan or credit facility entered into by the Contractor or the Contractor's
lawfully organized corporate affiliates.
8.7.2 Assignment,Subcontracting,Delegation of Duties
The Contractor shall not assign or sub-contract any of the services provided under this Contract or
delegate any of its duties under this Contract without the prior written approval of the City, which may
be granted or withheld in the City's sole discretion.
In the event of an assignment,sub-contracting, or delegation of duties, the Contractor shall remain
responsible for the full and faithful performance of this Contract and the assignee,subcontractor,or other
obligor shall also become responsible to the City for the satisfactory performance of the services to be
provided under this Contract. The City may impose conditions of approval on any such assignment,
subcontracting,or Change of Control, including but not limited to requiring the delivery by the assignee,
subcontractor,or other obligor of its covenant to the City to fully and faithfully complete the services to
be provided under this Contract or responsibilities undertaken. In addition,the assignee,subcontractor,
or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Contract.
The City may terminate this Contract if the assignee,subcontractor,or obligor does not comply with this
clause.
For the purposes of this Contract, any change of control of the Contractor shall be considered an
assignment subject to the requirements of this section. Nothing herein shall preclude the City from
executing a novation, allowing the new ownership to assume the rights and duties of the Contract and
releasing the previous ownership of all obligations and liability.
8.7.3 Change of Trade Name
In the event the Contractor wishes to change the trade name under which it does business under this
Contract,the Contractor shall provide the name, logo,and colors under which it will be doing business in
writing to the City at least thirty(30)days prior to the effective date of its change of trade name. Within
a reasonable period following a change of trade name by the Contractor, all items, logos, articles, and
implements seen by the public shall be changed, including but not limited to letterhead, signs,
promotional materials, website pages, billing statements, envelopes, and other items. Vehicles are the
only exception;vehicles must be repainted with new trade name,and any new logo or colors,within two
(2)years of the effective date of the change of trade name.Failure to comply with the terms of this section
shall result in penalties assessed against the Contractor in accordance with Section 6.1.
8.8 Laws to Govern/Venue
This Contract shall be governed by the laws of the State of Washington both as to interpretation and
performance.Venue shall be in Superior Court in the State of Washington for King County.
8.9 Compliance with Applicable Laws and Regulations
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The Contractor shall comply with all federal,state,and local regulations and ordinances applicable under
this Contract. Any violation of the provisions of this section shall be considered a violation of a material
provision of this Contract and shall be grounds for cancellation,termination,or suspension of the Contract
by the City,and may result in ineligibility for further work for the City.
The Contractor agrees not to discriminate or permit discrimination against any employee or applicant for
employment or any other persons in the performance of this Contract because of race, religion, creed,
color, national origin, marital status, gender, age, disability, sexual orientation, gender identity, or other
circumstances as may be defined by federal, state, or local law or ordinance, except for a bona fide
occupational qualification. Contractor shall take affirmative action to ensure that employees are treated
during employment without regard to the aforementioned characteristics. Without limiting the
foregoing, Contractor agrees to comply with the provisions of the Affidavit of Equal Opportunity &Title
VI Compliance requirements incorporated herein by this reference. The Contractor agrees to post in
conspicuous places,available to employees and applicants for employment,notices to be provided by the
Contractor setting forth the provisions of this nondiscrimination clause.
Conditions of the Federal Occupational Safety and Health Act of 1970, the Washington Industrial Safety
and Health Act of 1973, and standards and regulations issued under these Acts from time-to-time must
be complied with,including ergonomic and repetitive motion requirements.The Contractor must defend,
indemnify, and hold harmless the City from all damages, injuries or losses assessed for the Contractor's
failure to comply with the Acts and Standards issued therein. The Contractor is also responsible for
meeting all local, state, and federal health and environmental regulations and standards applying to the
operation of the collection and processing systems used in the performance of this Contract.
The Contractor is specifically directed to observe all weight-related laws and regulations in the
performance of these services, including axle bridging and loading requirements.
8.10 Permits and Licenses
The Contractor and subcontractors shall secure a City business license and pay all fees and collect and
remit all taxes levied by the City.The Contractor shall obtain all permits,certifications,authorizations,and
licenses necessary to provide the services required herein prior to the Date of Execution of this Contract
at its sole expense.
The Contractor shall be solely responsible for all taxes, fees, and charges incurred, including, but not
limited to, license fees and all federal,state, regional,county, and local taxes and fees, including income
taxes, property taxes, excise taxes, permit fees, operating fees, surcharges of any kind that apply to any
and all persons, facilities, property, income, equipment, materials, supplies, or activities related to the
Contractor's activities under the Contract, business and occupation taxes, workers' compensation, and
unemployment benefits.
8.11 Relationship of Parties
The City and Contractor intend that an independent contractor relationship shall be created by this
Contract.The implementation of services shall lie solely with the Contractor.No agent,employee,servant,
or representative of the Contractor shall be deemed to be an employee,agent,servant,or representative
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of the City.
8.12 Contractor's Relationship with Customers
The Contractor shall not separately contract with Customers for any services covered under this Contract;
however, the Contractor may negotiate separate agreements with Customers for the sole purpose of
compactor leasing, payment for recyclables,or other related services only when not included or specified
in this Contract, provided that Customers are provided separate invoices for those services and that the
Contractor makes it clear to Customers that those services are not provided under this Contract. These
separate agreements must be in writing and shall in no way expressly or by application supersede this
Contract. The Contractor agrees these separate agreements shall not contain durations any longer than
the final date of this Contract's Term.These separate agreements shall not have terms that automatically
renew past the expiration of this Contract. These separate agreements must terminate prior to the
expiration of this Contract. The Contractor shall provide to the City a detailed list of all such separate
agreements with Customers upon the City's request.The City may, at its sole option, regulate similar or
identical services in the successor to this contract.
8.13 Bankruptcy
It is agreed that if an order for relief with respect to the Contractor is entered in any bankruptcy case,
either voluntarily or involuntarily,in which the Contractor is a debtor,then this Contract,at the option of
the City, may be terminated effective on or after the day and time the order for relief is entered.
8.14 Right to Renegotiate/Amend
The City shall retain the right to-renegotiate this Contract or negotiate contract amendments at its
discretion or based on policy changes,state statutory changes,or County rule changes,Washington State,
or federal regulations regarding issues that materially modify the terms and conditions of the Contract,
including but not limited to any modifications to contracting terms or policies as they relate to County
disposal services. The City may also renegotiate this Contract should any Washington State, County, or
City rate or fee associated with the Contract be held illegal or any increase thereof be rejected by voters.
In addition, the Contractor agrees to renegotiate in good faith with the City in the event the City wishes
to change disposal locations or add services to the Contract,and to provide full disclosure of existing and
proposed costs and operational impacts of any proposed changes.
This Contract may be amended,altered,or modified only by a written amendment or addendum executed
by authorized representatives of the City and the Contractor.
8.15 Force Majeure
Provided that the requirements of this section are met, Contractor shall not be deemed to be in default
and shall not be liable for failure to perform under this Contract if Contractor's performance is prevented
or delayed by Acts of Nature, including landslides, lightning, forest fires, storms, floods, freezing and
earthquakes, terrorism, civil disturbances, acts of the public enemy, wars, blockades, public riots,
explosions, governmental restraint or other causes, whether of the kind enumerated or otherwise,that
are not reasonably within the control of the Contractor, and are not the result of the willful or negligent
act, error or omission of the Contractor; and that could not have been prevented by the Contractor
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through the exercise of reasonable diligence ("Force Majeure"). The Contractor's obligations under this
Contract shall be suspended, but only with respect to the particular component of obligations affected by
the Force Majeure and only for the period during which the Force Majeure exists.
The following events do not constitute Force Majeure: strikes, other than nationwide strikes or strikes
that by virtue of their extent or completeness make the particular goods or services effectively unavailable
to the Contractor;work stoppages or other labor disputes or disturbances occurring with respect to any
activity performed or to be performed by the Contractor;accidents to machinery,equipment or materials;
unavailability of required materials or disposal restrictions;or general economic conditions.
If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations
under this Contract,the Contractor shall notify the City by telephone and email,on or promptly after the
Force Majeure isfirst known, followed within seven (7) days by a written description of the event and
cause thereof to the extent known;the date the event began, its estimated duration,the estimated time
during which the performance of the Contractor's obligations will be delayed;the likely financial impact
of the event;and whatever additional_information is available concerning the event and its impact on the
City and its Customers. The Contractor shall provide prompt written notice of the cessation of the Force
Majeure.Whenever such event shall occur,the Contractor,as promptly and as reasonably possible,shall
use its best efforts to eliminate the cause, reduce the cost, and resume performance under the Contract.
In addition, if as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its
obligations under this Contract, the Contractor shall notify all Customers regarding the disruption in
collection service in a manner similar to the notification required in the case of inclement weather under
Section 4.1.7. Failure to provide proper notification to Customers, shall be subject to performance fees
due to lack of proper Customer notification.
The City shall also not be responsible for damages or delays caused by Force Majeure or other events
beyond the control of the City which could not reasonably have been anticipated or prevented. Upon the
occurrence of such an event,the City's obligations under this Contract shall be suspended, but only with
respect to the particular component of obligations affected by the event and only for the period during
which the event persists.
8.16 Severability
If any provision of this Contract shall be declared illegal, void, or unenforceable,the other provisions of
the Contract shall remain in full force and effect.
8.17 Waiver
No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying
such waiver, and executed by the party against whom such waiver is sought to be enforced. A waiver by
either party of any of its rights under this Contract on any occasion shall not be a bar to the exercise of
the same right on any subsequent occasion or of any other right at any time.
8.18 Incorporation of Contractor's Proposal in Response to City's RFP
The Contractor's Proposal,dated May 1,2020,submitted in response to the City's Request for Proposals,
is fully incorporated by this reference, including but not limited to collection vehicle types, customer
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service staffing and approach, processing abilities and other commitments made in the Contractor's
proposal and all associated clarifications and supplemental proposal materials or attachments. In the case
of conflict between the Contractor's proposal and this Contract, the provisions of this Contract shall
prevail.
8.19 Dispute Resolution
The Parties shall attempt to resolve any and all disputes to the mutual satisfaction of both Parties by good
faith discussions.Throughout the duration of a dispute,the Contractor shall continue providing all Services
included in this Contract. Disputes not resolved in accordance with other provisions of this Contract or
through good faith discussions shall be submitted to non-binding mediation before a mediator acceptable
to both the City and the Contractor.All costs of mediation, including the City's attorneys'fees and expert
witness fees, shall be paid for by the Contractor. Neither party may initiate or commence legal
proceedings prior to completion of the non-binding mediation.
8.20 Entirety
This Contract and the exhibits affixed hereto and herein incorporated by reference represent the entire
agreement between the City and the Contractor with respect to the services to be provided under this
Contract. No prior written or oral statement or proposal shall alter any term or provision of this Contract.
8.21 Agreement Construal
The parties are sophisticated parties and this Agreement has been negotiated and prepared by them and
reviewedby their respective.counsel. . Should any provision of this Agreement require judicial
interpretation,the court interpreting or construing the provision shall not apply the rule of construction
that a document is to be construed more strictly against one party regardless of the degree to which either
party participated in its drafting.
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
WASTE MANAGEMENT OF WASHINGTON, INC. CITY OF AUBURN
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City of Auburn 70 November,2020
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EXHIBITS
EXHIBIT A:Service Area
EXHIBIT B: Recyclables List
EXHIBIT C:Service Support Resource Levels
EXHIBIT D:Contractor Rates
EXHIBIT E: Rate Modification Example
EXHIBIT F:Commodity Value Calculation
City of Auburn 1 November,2020
Exhibits
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
EXHIBIT A ,
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Service Area
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City of Auburn 1 November,2020
Service Area
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
EXHIBIT B
List of Recyclables
Recyclable Item Curb Handling Instructions Limitations
Aluminum—All clean aluminum Place in recycling Container.
cans, trays, pie tins, and clean food X
containers
Corrugated Cardboard—All All corrugated cardboard No larger than 3'x 3' in size,
corrugated cardboard boxes X boxes placed in or next to larger boxes shall be cut down
recycling Container. to size.
Glass Containers—All colored or Empty,',remove lids, and
clear jars and bottles, rinsed, with X place in recycling Container.
lids removed
Paper-All clean mixed paper, Place in recycling Container.
colored paper, magazines, phone X
books, catalogues, advertising
supplements
Plastic Containers All plastic Empty,'clean, place in Plastic bottles,jugs, tubs or
bottles,jugs, and tubs. X recycling Container. containers that have hazardous
or toxic products, such as motor
oil or pesticides are excluded.
Scrap Metal—All ferrous and non- Small items: Place in Less than 2' x 2' and 35 lbs. Less
ferrous scrap metal, including lids recycling Container or than 5% non-metal parts.
>3"free of wood, rubber, and X secure (e.g. bundle or box)
other contaminants next to recycling Container.
Tin Cans-All clean food and Place in recycling Container.
beverage tin cans and tin lids 3" or X
larger
City of Auburn 1 November,2020
List of Recyclables
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
EXHIBIT C
Service Support Resource Level
The table on the following pages clarifies outreach programs proposed by the Contractor in their response to
the City's Request for Proposal. In general,the City will support Contractor-proposed outreach programs that
are intended to be impactful and scaled to be beneficial for City ratepayers. Individual outreach programs will
be-implemented after appropriate outcomes and measures are agreed to by both Parties, including a written
commitment of resources-to be provided by the Contractor.The Contractor shall track the implemented -
outreach programs and report program outcomes in each year's annual report.
WM Public Education and Outreach Program Table
For Auburn Collection Service Contract
Program Customer Details Resources
Sector
Annual and On-going Projects •
New Customer Residential, Welcome Packets are available in One Welcome Packet
Welcome Packets Multifamily, print or electronically and include per each new customer
Commercial • WM's collection procedure summary, available in electronic or
recycling/composting guidelines,and hard copy format.
waste prevention tips.
Comprehensive . Residential, See.Section 4.3.5 of Contract. Once a Annually for all
Service Packet Multifamily, year we will mail collection customers.
(Collection Commercial schedules,recycling/composting
Guidelines) guidelines,and tips on increasing
recycling and preventing waste.
Customers will have the option to
receive these guidelines
electronically or in print. Mobile
Home Park residents will receive this
mailing too.
•
City of Auburn 1 November,2020
Service Support Resource Level
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
Bill Inserts Residential, WM bill inserts provide timely Up to one insert per
Multifamily, information on topics such as winter quarter.
Commercial collection schedule changes,
weather delay procedures,and rate
changes. Inserts also reinforce
sustainability messaging,such as
waste reduction,recycling, and
composting.
Oops tags. Residential Drivers post friendly tags to advise As needed in support of
customers their carts were not contamination
collected because they set out reduction plan.Double-
contaminated material.The tags sided notice with
explain how to correct the problem contamination
and obtain more information from feedback on one side
our,many education resources. and guidelines on the
other.
Transcreated Residential, WM is a leader in providing Collection guidelines
materials Multifamily, culturally appropriate recycling available upon request.
Commercial education.We transcreate
educational materials by delving
into a culture to find relevant
products and language.
Residential Residential Each quarter,WM outreach staff See Recycle Right
Contamination will call all customers who have Roadmap in Section C.1,
three or more instances of
Reduction Plan page 63 of RFP
contamination to offer additional proposal for
education and notify them that
continued contamination could lead details.
to suspension of service.
WM, in collaboration with city staff,
will evaluate customers who are
continuously contaminated and
recommend that service be
suspended.
Customers can reinstate their
service by completing an online
assessment arid pledge.
City of Auburn 2 November,2020
Service Support Resource Level
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
Commercial Commercial Outreach staff will schedule site visits, See Recycle Right
Contamination right-size service levels, provide Roadmap in Section C.1,
Reduction Plan resident education such as tabling page 63 of RFP
events or door-to-door,and install proposal for details.
slotted lids at each multifamily and
commercial property, if necessary.
We will track each customer identified
as having contamination and report to
the city on our outreach actions and
customer status quarterly.
Multifamily Multifamily WM will provide a list of all See Recycle Right
Contamination contaminated multifamily Roadmap in Section
Reduction Plan customers with photos and account C.1, page 63 of RFP
information to city staff. proposal for details.
WM outreach staff will call
multifamily and commercial
customers with 3 or more"Haul or See contract section
Calls"due to contamination to offer 4.3.5 for additional
advice on reducing contamination. details
Outreach staff will schedule site
visits, right-size service levels,
provide resident education such as
tabling events or door-to-door,and
install slotted lids at each
multifamily and commercial
property,if necessary.
We will track each customer
identified as having contamination
and report to the city on our
outreach actions and customer
status quarterly.
City of Auburn 3 November,2020
Service Support Resource Level
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
Think Green Residential& Residents may safely and sustainably Two 6-hour events
Recycling and Reuse Multifamily dispose of hard-to- recycle items per year.
Collection Events such as foam, textiles,and
electronics,at annual events.These
events provide recycling collection
for items not picked up at curbs and
encourage reuse by partnering with
local charities to host donation
stations.
Recycle All Stars Multifamily One multifamily property(or 2 Event coordination,
Annual. Incentive smaller properties,less than 200 staffing,supplies and
Program units each),per year wins a summer catering.
celebration including pizza party,
games,and prizes for families.
(Random selection based upon
entries submitted by WM—
properties that go from
contaminated to consistently clean
will qualify for entry.)
Recycle All Stars Residential 5 customers per year win one month
Annual Incentive of free service. (Random selection
Program based upon entries submitted by WM
—residents that go from contaminated
to consistently clean will qualify for
entry.)
Recycle All Stars Commercial 1(or 2 small)commercial Event coordination,
Annual Incentive customer(s)per year wins a summer staffing,supplies and
Program celebration including pizza party, catering.
games and prizes for staff.(Random
selection based upon entries
submitted by WM—customers that
go from contaminated to
consistently clean will qualify for
entry.)
City of Auburn 4 November,2020
Service Support Resource Level
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
Websites and Social Residential, WM uses traditional and social Websites and social
Media Multifamily, media to educate customers about media pages updated
Commercial services,recycling and composting regularly with timely
programs,and events.Our local information.
Auburn website,
WMnorthwest.com/auburn,is
available 24/7 and has the most up-
to-date information on services,
events,and programs.WM.com is an
engaging tool for customers to setup
accounts,select communication
preferences, paperless billing,and
• autopay. Our Think Green Auburn
Facebook and
@WMPugetSound Twitter account
also offer engaging and educational
content.
City of Auburn 5 November,2020
Service Support Resource Level
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
In addition to the offerings listed above,annually we will develop an outreach plan in partnership with
Auburn city staff. In coordination with city staff,we will select one of the options for outreach projects
listed below. If the project scope(s)are scaled back from the levels detailed below,we could complete
multiple projects of similar scale in one year.
The City and Contractor shall jointly plan the Contractor's specific promotion and education program
for the following year, including updating outreach materials and/or refining targeted audiences.4.3.5
Outreach Project Customer Sector Details Resources
Options
Residential Cart Residential Cart tagging(affixing positive Tag 2,000 customers
Tagging instructions to carts) has proven carts with two rounds
to be effective in both of tagging per cart.
increasing the number of
households that participate in
composting and decreasing the
amount of contamination in the
recycling.
Event Education Residential, WM's education team will host WM will staff a booth
Multifamily, a recycling information booth for five days or attend
Commercial and/or work with event an event for two days
organizers to make events zero with a booth and
waste. provide zero waste
technical assistance
Business Commercial Develop and purchase tool kits Target 30 food waste
Composting for business composting(web generating businesses
info,internal collection bins, and provide direct mail,
posters,handouts,etc.)and site visits and training
promote composting to to set up composting.
businesses.
Business Recycling Commercial Visit businesses with shared Up to 300 businesses
containers and provide
information,tools and ideas for See contract section 4.3.5
improving recycling. for additional details
City of Auburn 6 November,2020
Service Support Resource Level
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
Multifamily Multifamily Work with multifamily Work with up to
Recycling properties to implement the 3 100 properties per
Cs of recycling:Convenience, year.
Clarity and Capacity.Once the
three Cs are in place,offer See contract
education and training which section 4.3.5 for
could include presentations, additional details
tabling events or door-to-door
resident outreach.
Schools Outreach Commercial: Work with 4 school green Work with up to
Schools teams to evaluate and improve four schools per
recycling systems and/or year.
implement composting
programs.Activities could
include lunchtime waste
audits, staff and green team
trainings, and touch-a-truck
presentations.
City of Auburn 7 November,2020
Service Support Resource Level
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
EXHIBIT D
Contractor Rates
Exhibit D:Contractor Rates
Pounds Total
Per Disposal Collection Service
Service Level Unit Fee Fee Fee
Monthly _ One 35-gallon Garbage Cart monthly,Recycling EoW 26.74 $ 188 $ 12.71 $ 1459
Weekly One 20-gallon Garbage Cart 12.22 $ 3.73 $ 15-55 $ 19.28
Residential 1 35-gallon Garbage Cart 21.39 $ 653 5 16.56 S 23.09
Curbside 145-gallon Garbage Cart 27.50 $ 8.39 $ 21.41 $ 29.80
_ Service 164-gallon Garbage Cart 39.11 $ 11.93 $ 22.58 5 34.51
196-gallon Garbage Cart 58.67 $ 17.90 $ 32.40 $ 50.30
Additional 32 Gallon Cans(weeklysvc) 21.39 $ 6.53 $ 16.56 $ 23.09
Extras(32 gallon equivalent) 19.56 $ 138 $ 2.62 5 4.00
Miscellaneous Fees:
Subscription Compostables Service+35-gallon Cart $ 10.19
Subscription Compostables Service=64-gallon Cart S 11.04
Subscription Compostables Service=.96-gallon Cart 5 11.89
Extra Yard Debris(32 gallon bag/bundle/can) $ 3.00
2nd and Additional 96-Gallon Yard Waste Cart $ 6.00
2nd and Additional;96-Gallon Recycling Cart S 2.00
Return Trip 5 6.00
_ Roll-out Charge,per 25 ft,per container,per time $ 3.00
Drive-in Charge,per month . . . ,i S 6.00
Overweight/Oversize container(pelf p/u) $ 3.00
Redelivery of one or more containers S 10.00
Cart Cleaning(per cart per leaning) S 10.00
On-Call Non-CFC Large Appliances("white goads'),per item $ 20.00
Bulky Refrigerators/Freezers/Air Conditioners per item $ 30.00
Waste Sofas,Chairs,per item . -1 75.00 $ 5.28 S 14.72 S 20.00
Collection Mattresses,Boxsprings,per item 1 100.00 $ 7.04 5 12.96 $ 20.00
Weekly 120-gallon Garbage Cart 32.22 $ 3.73 S 15.55 $ 1928
Commercial 135-gallon Garbage Cart f 21.39 $ 6.53 $ 16.56 $ 23.09
Can and 145-gallon Garbage Cart _ . 2750 $ 8.39 $ 21.41 $ 2950
Cart 1 64-gallon Garbage Cart 39.11 $ 11.93 $ 22_58 5 34.51
1 96-gallon Garbage Cart 58.67 $ . 17.90 S 32.40 $ 50.30
Extras(32-gallon equivalent) 19.56 $ 1.38 5 2.62 5 4.00
Ancillary Fees:
Weekly 35-gal Cart Subscription Compostables Service $ 13.23
Weekly 64-gal Cart Subscription Compostables Service $ 14.04
Weekly 96-gal Cart Subscription Compostabfes Service S 14.87
Weekly 1-yard Subscription Compostables Service $ 31.29
Weekly 2-yard Subscription Compostables Service $ 62.58
Compostable Cart lining,per time $ 5.50
Return Trip 5 6.00
Roll-out Charge,per addtn'I 25 ft,per cart,per p/u 5 1.50
Redelivery of containers S 10.00
Cart Cleaning(per cart per cleaning) S 10.00
Commercial 1 Cubic Yard Container=per pickup 347.43 $ 24.46 $ 29.28 S 53.74
Detachable 1.5 Cubic Yard Container-per pickup 521.15 $ 36.69 $ 43.92 $ 80.61
Container 2 Cubic Yard Container-per pickup 694.86 $ 48.93 $ 58.56 $ 107.49
(compacted) 3 Cubic Yard Container-per pickup 1,042.29 $ 73.39 S 82.47 $ 155.86
City of Auburn 1 November,2020
Contractor Rates
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
Exhibit D:Contractor Rates
4 Cubic Yard Container-per pickup 1,389.72 $ 97.85 $ 104.06 $ 201.91
5Cubic Yard Container-per pickup 1,737.15 $ 122.31 $ 16722 $ 289.53
6 Cubic Yard Container-per pickup 2,084.58 $ 146.78 $ 192.20 $ 338.98
Commercial 1 Cubic Yard,1 pickup/week 115.81 S 35.33 S 93.25 $ 128.58
Detachable 1 Cubic Yard,2 pickups/week 115.81 $ 70.66 $ 186.50 $ 257.16
Container 1 Cubic Yard,3 pickups/week 115.81 $ 105.99 $ 279.75 $ 385.74
(loose) 1 Cubic Yard,4 pickups/week 115.81 5 141.32 $ 373.00 $ 514.32
1 Cubic Yard,5 pickups/week 115.81 $ 176.65 $ 466.25 $ 642.90
1S Cubic Yard,1-pickup/week 173.72 $ 53.00 $ 118.93 $ 171.93
1.5 Cubic Yard,2 pickups/week 173.72 5 106.00 $ 237.86 $ 343.86
1S Cubic Yard,3 pickups/week ' 173.72 $ 159.00 $ 356.79 $ 515.79
15 Cubic Yard,4 pickups/week 173.72. S 212.00 $ 475.72 $ . 687.72
1.5 Cubic Yard,5 pickups/week . i L. 173.72 $ 265.00 $ 594.65 $ 859.65
•
2 Cubic Yard,1 pickups/week _ 231.62 $ 70.66 $ 128.49 $ 199.15
2 CubicYard,2 pickups/week 231.62 $ 141.32 $ 256.98 $ 398.30
2 Cubic Yard,3 pickups/week 231.62 5 2/1.98 $ 385.47 $ 597.45
2 Cubic Yard,4 pickups/week - 231.62. $ 282.64 $ 513.96 $ 796.60
2 Cubic Yard,5 pickups/week- 231.62 5 353.30 $ 642.45 $ 995.75
3 Cubic Yard,1 pickup/week 347.43 $ 106.00 $ • 173.03 $ 279.03
3 Cubic Yard,2 pickups/week 347.43 $ 212.00 $ 346.06 $ 558.06
3 Cubic Yard,3 pickups/week - 347.43 $ 318.00 $ 519.09 $ 837.09
- 3 Cubic Yard,4 pickups/week 347.43 5 424.00 $ 692.12 $ 1,116.12
- 3 CubicYard,5 pickups/week 347.43 S 530.00 5 865.15 5 1,395.15
4 Cubic Yard.1 pickup/week 463.24 S 141.33 $ 210.24 $ 351.57
4 Cubic Yard,2 pickups/week 463.24 5 282.66 $ 420.48 $ 703.14
4 Cubic Yard,3 pickups/week 463.24 5 423.99 S 630.72 5 1,054.71
4 Cubic Yard,4 pickups/week 463.24 S 565.32 $ 840.96 S 1,406.28
_ 4 Cubic Yard,5 pickups/week __ 463.24 5 706.65 S 1,051.20 5 1,757.85
6 Cubic Yard,1 pickup/week 694.86 5 211.99 $ 289.25 $ 501.24
6 Cubic Yard;2 pickups/week 694.86 $ 423.98 S 578.50 $ 1,002.48
•
6 Cubic Yard,3 pickups/week _ I 694.86 $ 635.97 $ 867.75 $ 1,503.72
6 Cubic Yard,4 pickups/week - 694.86 5 847.96 S 1,157.00 5 2,004.96
6Cubic Yard,5pickups/week : ! 694.86 $ 1,059.95 $ 1,446.25 S 2506.20
8 Cubic Yard,1 pickup/week l 926.48 5 282.66 S 352.15 $ 634.81
8 Cubic Yard,2 pickups/week 926.48 5 565.32 $ 704.30 $ 1,269.62
8 Cubic Yard,3 pickups/week 926.48 $ 847.98 $ 1,056.45 $ 1,904.43
8 Cubic Yard,4 pickups/week 926.48 $ 1,130.64 $ 1,408.60 $ 2,539.24
8 CubicYard,5 pickups/week 926.48 $ 1,413.30 $ 1,760.75 5 3,174.05
Extra loose cubic yard in container,per pickup 115.81 $ 8.15 $ 1.85 5 10.00
Extra loose cubic yard on ground,per pickup 115.81 $ 8.15 $ 11.85 $ 20.00
Detachable Container Ancillary Fees(per occurance):
Stand-by Time(per minute) $ 1.60
Container Cleaning(per yard of container size) S 10.00
Redelivery of Containers 5 20.00
Return Trip $ 10.00
City of Auburn 2 November,2020
Contractor Rates
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
Exhibit D:Contractor Rates
Daily Monthly Delivery Haul
Service Level(based on pick ups) Rent Rent Charge Charge
Commercial Non-compacted 10 cubic yard Drop-box S 2.42 $ 7/60 $ 9433 $ 190.28
Drop-box Non-compacted 20 cubic yard Drop-box $ 3.44 $ 103.20 $ 94.33 $ 190.28
Collection Non-compacted 30 cubic yard Drop-box $ 4.47 $ 134.10 5 94.33 $ 190.28
Non-compacted 40 cubic yard Drop-box, $ 4.95 $ 14830 5 9433 $ 190.28
Compacted 10 cubic yard Drop-boxy $ 230.96
Compacted 15 cubic yard Drop-box, $ 230.96
Compacted 20 cubic yard Drop-box, $ 230.96
Compacted 25 cubic yard Drop-box) $ 230.96
Compacted 30 cubic yard Drop-box; $ 230.96
Compacted 40 cubic yard Drop-box, $ 230.96
•
Drop-box Ancillary Fees. : Per Event
Return Trip $ 25.00
Stand-by Time(per minute) ! $ 160
Container cleaning'flier yard of container size) $ 10.00
Solid,lid surcharge(per day) $ 1.00
Drop-box directed to other facility(her one-way mile) 5 3.00
Pounds
Per Disposal Collection Haul •
Service Level Unit Fee Fee Charge
2 Yard detachable Container ;! 231.62 5 16.31 S 37.07 $ 53.38,
Temporary 4 Yard detachable container' ;i 46324 $ 3162 $ 60.65 S 93.27
Collection 6 Yard detachable container - 694.86 $ 48.93 S 83.44 $ 132.37
Hauling 8 Yard detachable container l 926.48 $ 65/3 $ 10159 $ 166.82
Non-compacted 10 cubic yard Drop-box $ ' 228.34
Non-compacted 20 cubic yard Drop'box $ 228.34
Non-compacted 30 cubic yard Drop=box $ 228.34
Non-compacted 40,cubic yard Dropbox $ 228.34
Delivery Daily Monthly
Service Level Fee Rental Rental
2 Yard detachable container ,1 $ 9433 5 1.34 $ 40.20
Temporary 4Yard detachable container I $ 9433 5 1.49 $ 44.70
Collection 6 Yard detachable container i $ 9433 S 1.85 S 5550
Container 8 Yarddetachable container $ 9433 $ 2.06 S 61.80
Rental Non-compacted 10 cubic yard Drop-box 5 94.33 $ 242 $ 72.60
and Delivery Non-compacted 20 cubic yard Drop-box $ 9433 S 3.44 $ 103.20
Non-compacted 30 cubic yard Drop=box $ 9433 5 4.47 $ 134.10
Non-compacted 40 cubic yard Drop-box $ 94.33 S 4.95 $ 148.50
Event Per Day
Services Delivery,provision,collection of a set of 3 carts(G,R&C) S 25-00
City Per Month
Services Provision of specified litter collection and clean-up services 5 17,500
City of Auburn 3 November,2020
Contractor Rates
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
Exhibit D:Contractor Rates
Service Per Hour
Hourly Rear/Side-load packer+driver $ 157.65
Rates Front-load packer+driver $ 157.65
Drop-box Truck+driver $ 157.65
Front-load packer for fegularBoeingroute: S 15765
•
Pressure Washing $ 60.00
Graffiti Clean-up $ 60.00
Additional Labor(per person) $ 86.71
City of Auburn 4 November,2020
Contractor Rates
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
EXHIBIT E
Fee Modification Examples
The collection and disposal components of the Customer charges listed in Exhibit D will be adjusted
separately, as appropriate. The collection component of Customer charges will be adjusted annually,
pursuant to this Section and as described below. The disposal component of the Customer charges listed
in Exhibit D will be adjusted only if the City receives notification from the County of a pending disposal fee
adjustment, and will not become effective until the new disposal charges become effective and are
actually charged to the Contractor. Formulas for both collection and disposal rate adjustments are
provided as follows:
Collection Component Adjustment
The collection fee component listed in Exhibit D will be increased or decreased by the amount of
the CPI change:
•
NCC= PCC x [1+ nCPI—oCPI
oCPI
Where NCC = The new collection fee component of the customer rate for a
particular service level;and
PCC •= The previous collection fee component of the Customer rate
for a particular service level;and
nCPI = The most recent June CPI value;and
oCPI = The CPI value used for the previous rate adjustment or, in the
case of the first contract adjustment,the CPI value reported
at the end of June 2021.
Disposal Component Adjustment
In the case of a disposal fee modification at County disposal facilities,the disposal component of
each service level will be adjusted as follows:
Step 1:
A=ODC x NTF
OTF
Step 2:
NDC=A+[(A—ODC)xCETR]
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
City of Auburn 1 November,2020
Fee Modification Examples
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
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;
0.0175 used for this example).
For example, using-an"initial one 35-gallon cart rate of$23.09 per month: if the previous
CPI is 143.2,the new CPI is 144.3 and the disposal fee will increase from$130 to$140 per
ton starting on January 1, 2023,the old disposal component is $6.53, the old collection
component is$16.56 and.the State Excise Tax rate is 0.0175,the January 2023 Customer
charge for one 35-gallon cart per week Residential Curbside service would be:
(144.3-143.2)
New Collection Component= $16.56 x[1+ ] =$16.69
(143.2)
New Disposal Component Step A calculation (as on previous page):
[$6.53 x(140/130)]=$7.03
• Step B calculation for excise tax:
$7.03+ [(7.03-6.53)x 0.0175] =7.04
Thus,the new Customer charge for one 35-gallon cart per week Residential Curbside service will be the
$16.69 collection component plus the$7.04 disposal component, equaling$23.73.
City of Auburn 2 November,2020
Fee Modification Examples
DocuSign Envelope ID:DC07ECFA-CAF3-4AB7-90FB-060225D73FD8
EXHIBIT F
Commodity Value Calculation
Exhibit F-Sample Calculations for Recycling Rebate
(amounts presented are for illustration only)
Month 1 Month 2
Waste Waste
Characterization Recycling Calculated Characterization Recycling Calculated
Percentage per Markets Commodity Percentage per Markets Commodity
Commodity Sorts High Price/ton Value Sorts High Price/ton Value
Mixed Paper-PS 54(including.NP) 45.00% S - S - 45.0% $ - 5 -
Corrugated Containers-PS56 26.00% S 90.00 $ 23.40 26.0% $ 80.00 $ 20.80 -- -
Aluminum Cans(Baled) - 1.00% 5 800.00 $ 8.00 1.0% $ 850.00 $ 8.50
Steel Cans(Baled) 1.00% S 100.00 $ 1.00 1.0% $ 90.00 $ 0.90 •
3 Mix Glass 25.00% $ (20.00) $ (5.00) 25.0% 5 (25.00) $ (6.25)
PET(Baled) 0.50% $ 140.00 $ 0.70 0.5% $ 100.00 $ 0.50
Natural HDPE(Baled) 0.50% 5 600.00 $ 3.00 0.5% $ 500.00 $ 2.50
Colored HDPE(Baled) - 0.50% 5 80.00 $ 0.40 0.5% $ 50.00 $ 0.25 '
Commingled#3-7(Bated) 0.50% 5 - $ - 0.5% S - $ - _
100.00% 5 31.50 100.0°5 $ 27.20
Commodity Value $ 31.50 $ 27.20
Total Recycling Tons/Mo(per monthly reports) 900 950
S 28,350 $ 25.840
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Monthly Recycling Tonnage Month 1 Tonnage Month 2 Tonnage
Residential Tons 300 5 9,450 33% 325 5 8,840 34%
Multifamily&Commercial Tons . 600 5 18.900 67% 625 5 17,000 66% ,
• 900 .S 28.350 100% 950 S 25,840 100%
Month 1 Commodity Rebate Month 2 Commodity Rebate '
• #Resi Accts and #Resi Accts and
#Yards for #Yards for
MF/Comm7 Rebate Total MFiComm'I Rebate Total
Total CustomerstCom'I&MF Yards
Credit per residential account' 18,196 5 0.52 $ 9,450 18,200 5 0.49 S 8,840
Credit per MFICom1 MSW Yard 28,125 $ 0.67 S 18.900 28,150 5 0.60 $ 17,000
Monthly Rebate to the City S 28.350 S 25.840
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City of Auburn 1 November,2020
Commodity Value Calculation