HomeMy WebLinkAboutTIS 2022-08-15 COMPLETE AGENDA PACKET
City of Tukwila
Distribution:
City Attorney
(email)
K. Kruller
Clerk File Copy
C.Hougardy
Transportation and
T. Sharp
Place pkt pdf on SharePoint:
H. Ponnekanti
ZTrans &Infra Agendas
InfrastructureServices
S. Kim
(email)
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email cover to:F.Ayala
G. Lerner
(email)
Committee
A. Le, A.
Youn, B. Saxton,S. Norris,
L. Humphrey
Kate Kruller,Chair
Mohamed Abdi
Tosh Sharp
AGENDA
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Item
Recommended ActionPage
1.PRESENTATIONS
2.BUSINESS AGENDA
a)Solid Waste Contract a)Forward tothe08/22/22 Committee Pg.1
Contract Award (H. Ponnekanti)of the Wholeand 09/12/22Regular
ConsentAgenda
b)Surface Water Fund Duwamish Basin Stewardshipb)Forward to the 08/22/22 Special Pg.83
Interlocal Agreement (M.Perfetti)Consent Agenda
c)S. 131st Place Drainage Improvement Projectc)Forward to the 08/22/22 Special Pg.97
DesignConsultant Selection and Agreement(J. Hopkins)Consent Agenda
d)Macadam Rd S Water Upgrade & Sidewalk Improvementsd)Forward to the 08/22/22 Special Pg.122
Consent Agenda
Contract No. 22-015 Amendment No. 1 (A. Altallal)
3.MISCELLANEOUS
Next Scheduled Meeting:August 29, 2022
INFORMATIONAL MEMORANDUM
Transportation Infrastructure Services Committee
TO:
Hari Ponnekanti, Public Works Director/City Engineer
FROM:
MayorEkberg
CC:
August 12, 2022
DATE:
SUBJECT:
Solid Waste Contract
Contract Award
ISSUE
Approve a contract with Recology to provide Solid Waste services for the City of Tukwila for November 1, 2023 to October 31, 2033.
BACKGROUND
The current Comprehensive Solid Waste, Recyclables, and Yard Waste Collection Contract with Waste Management (WM) expires on
staff pursued an open, competitive procurement process, with updates given to the
Transportation and Infrastructure Services Committee on October 25, 2021, January 18, 2022, and March 7, 2022.
A request for proposals (RFP) was released on February 7, 2022. Final proposals were received from two proponents (Recology and
WM) on May 20, 2022. Proposals from both proponents were reviewed, evaluated, and scored. Recology was the highest-rated
th
proponent and staff proceeded with contract negotiations.
Table 1. Contract RFP Schedule
Contract RFP Schedule Time Frame
Solid Waste Contract Development November 2021
Industry Review of Draft Contract December 2021 January 2022
Resident Survey on Solid Waste Services December 2021 January 2022
Solid Waste Collection RFP Released February 2022
Proposals Due May 2022
Proposal Evaluation & Selection May June 2022
Solid Waste Contract Finalization June July 2022
Council Process August September 2022
Start of New Contract November 1, 2023
DISCUSSION
Proposals were evaluated and scored using the criteria outlined in the RFP with 60 points for the quantitative component and 40 points
for qualitative components. The quantitative component was based solely on the base rate proposal. The qualitative components
included RFP document review, interviews, field visits, and reference checks.
Highlights from the
1.Demonstrated service reliability (missed collection rate of .15 per 1,000 customers)
2.Local call center with robust staffing levels and a commitment to dedicated customer service representatives for Tukwila
3.Employee-owned company with commitment to equity and diversity in relation to internal staffing and customer service
1
4.Business model and philosophy that places diversion of materials from landfill and reduction of contamination as a core and
INFORMATIONAL MEMO
Page
3
founding principle
5.Innovative education and outreach implementation strategies that include building and maintaining relationships with residential
and commercial customers with a full-time educational outreach staff committed to Tukwila
6.Expanded list of recyclable items collected at the curb
Feedback from residents on curbside garbage, recycling, and compostables service was collected through a survey in December 2021
and January 2022, and reopened for additional responses in March 2022. Residents ranked reliability of their garbage service provider
as the most important element, followed by cost and customer service. Residents voted to keep services similar to what is currently
provided, but wanted easier bulky item disposal options and more recycling options for special materials such batteries and Styrofoam.
Survey results were considered in the development of the base contract, evaluation of proposals, as well as during contract finalization.
Both rate proposals indicated a significant rate increase for 2023. The primary reasons for the rate increase include:
Tukwila has had below market rates for a decade as a fortunate result of the abnormally competitive market present during the
last procurement cycle.
This is a very difficult time to procure new contracts due to uncertainty over the potential of long-term collection costs to
outstrip the contract inflation escalator, instability in the current recycling markets, decrease in the value of recyclable
materials, future inflation uncertainty, and supply chain issues.
The table below shows the current rates that residents would pay for 32-gallon garbage cart service in various King County cities. This
does not take into account embedded services (recycling and/or compost), the frequency of service (weekly vs. every-other-week),
number of customers, account density, distance to disposal sites, age of the contract, cross-subsidies between lines of business, or
other factors that affect rates.
Table 2. Regional Rate Comparison
City 32 Gal Container Monthly Cost
*CPI adjustment to be applied
Maple Valley $16.82
Issaquah $17.44
Negotiated 2023 Tukwila Rates $20.35
Kent $20.50
Covington $21.44
SeaTac $21.86
Federal Way $22.75
Auburn $23.00
Des Moines $24.52
Renton $24.71
Bellevue $25.79
Burien $27.57
Kirkland $28.45
Carnation $28.55
Shoreline $28.86
Duvall $31.32
Mercer Island $33.25
Seattle $42.15
Regional Average $25.17
City staff proceeded with contract finalization with Recology in June and July 2022. Recology agreed to provide the following additional
services at no cost to the City, residents, or businesses:
Double the amount of garbage and items collected in the free residential annual bulky item collection to 2 cubic yards of
garbage and 4 non-appliance bulky items such as couches, tables, and mattresses
Free drop off of small appliances, electronics, batteries, bikes, books, cooking oil, electronics, fluorescent bulbs, propane
canisters, cooking oil and Styrofoam at a Recology store located within 5 miles of City limits (Burien store currently located at
2
INFORMATIONAL MEMO
Page
4
15858 1st Ave S, Burien, WA 98148)
Free year of cart-based compostables service with technical assistance for up to 100 multi-family and commercial businesses
each year to encourage organics diversion
Reduced cost for extra yard waste picked up at the curb
Selected monthly garbage customer rates from the new contract are shown below for the common service level for each line of
business. or any other taxes or fees, which will be applied along
with a CPI increase before the contract starts.
Table 3. Tukwila Monthly Customer Rates
2022 Rates Proposed 11-1-23 Negotiated 11-1-23
RatesRates
32 Gallon Single-Family Cart
$14.03 $26.99 $20.35
(per month)
4 Cubic Yard Dumpster
$252.64 $420.98 $407.62
(per month)
Drop-box
$165.94 $235.00 $232.47
(per haul)
The City is proposing an increased Administrative Fee from 2% in the current contract to 6% in the new contract, which is in line with
the regional average. These funds will be used for solid waste contract management by hiring dedicated staff for the contract
enforcement, pilot programs to increase diversion and meet sustainability goals, and streets projects to maintain and repair damage on
residential streets as a result of the large garbage trucks.
Table 4. Administrative Fees
City Administrative Fee
Maple Valley 2.3%
Bellevue 2.99%
Federal Way 3.2%
SeaTac 5.3%
Proposed Tukwila Admin Fee 6.0%
Duvall 9.0%
Des Moines 13.0%
Regional Average 5.97%
The draft final contract is attached as Attachment A.
FINANCIAL IMPACT
The solid waste contract is a service provided to the Tukwila residential and commercial customers and the hauler is reimbursed for
their service directly by the user. There is no negative impact to the City general fund budget. The solid waste collection rates have
gone up to keep up with the industry changes and cost of living expenses.
RECOMMENDATION
Staff recommends that Council approves the 2023-2033 Comprehensive Solid Waste, Recycling, and Compostables Collection
Contract with Recology and consider this item at the August 22, 2022 Committee of the Whole and subsequent September 12, 2022
Consent Agenda.
Alternative options:
1.Direct staff to negotiate contract changes with Recology
2.Begin discussions with an alternative party.
ATTACHMENT: Draft Contract
3
DRAFT FINAL CONTRACT 080922
COMPREHENSIVE
GARBAGE, RECYCLABLES, AND COMPOSTABLES
COLLECTION SERVICES
CONTRACT
City of Tukwila
and
Recology King County, Inc.
November 1, 2023 October 31, 2033
4
RFP DRAFT
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
4.1GCSR ............................................................................................................. 7
ENERAL OLLECTION YSTEM EQUIREMENTS
4.1.1 Service Area ................................................................................................................................................. 7
4.1.2 Service to Residences on Private Roads and Driveways .............................................................................. 8
4.1.3 Hours/Days of Collection ............................................................................................................................. 8
4.1.4 Employee Conduct ....................................................................................................................................... 9
4.1.5 Disabled Persons Service ............................................................................................................................. 9
4.1.6 Holiday Schedules ...................................................................................................................................... 10
4.1.7 Inclement Weather and Other Service Disruptions ................................................................................... 10
4.1.8 Suspending Collection from Problem Customers ....................................................................................... 11
4.1.9 Missed Collections ..................................................................................................................................... 11
4.1.10 Same Day Collection ................................................................................................................................ 12
4.1.11 Requirement to Recycle and Compost and Quality Assurance ................................................................ 12
4.1.12 Routing, Notification and Approval ......................................................................................................... 13
4.1.13 Vehicle and Equipment Type/Age/Condition/Use ................................................................................... 13
4.1.14 Container Requirements and Ownership ................................................................................................ 15
4.1.14.1 Garbage, Recyclables, and Compostables Carts .............................................................................................. 15
4.1.14.2 Detachable Containers and Drop-box Containers ........................................................................................... 16
4.1.14.3 Ownership ........................................................................................................................................................ 17
4.1.14.4 Container Colors and Labeling ......................................................................................................................... 18
4.1.14.5 Container Weights ............................................................................................................................................ 18
4.1.14.6 Container Removal Upon City or Customer Request ...................................................................................... 18
4.1.15 Spillage .................................................................................................................................................... 19
4.1.16 Pilot Programs ......................................................................................................................................... 19
4.1.17 Disruption Due to Construction ............................................................................................................... 20
4.1.18 Contractor Planning and Performance Under Labor Disruption ............................................................. 20
4.1.19 Site Planning and Building Design Review............................................................................................... 22
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 .............................................................................. 24
4.1.24 Collection/Disposal Restrictions .............................................................................................................. 24
4.1.25 Emergency Response ............................................................................................................................... 25
4.1.26 Vacation Service Stops ............................................................................................................................ 25
4.1.27 Hiring Preference ..................................................................................................................................... 25
4.2CS ............................................................................................................................................. 26
OLLECTION ERVICES
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
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RFP DRAFT
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
4.2.2 Single-Family Residence Recyclables Collection ........................................................................................ 27
4.2.2.1 Recyclable Materials .......................................................................................................................................... 27
4.2.2.2 Containers .......................................................................................................................................................... 27
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 ...................................................................................................................... 28
4.2.4 Multifamily and Commercial Customer Garbage Collection ..................................................................... 29
4.2.4.1 Subject Materials ............................................................................................................................................... 29
4.2.4.2 Containers .......................................................................................................................................................... 29
4.2.4.3 Specific Collection Requirements ...................................................................................................................... 30
4.2.5 Multifamily and Commercial Recyclables Collection ................................................................................. 30
4.2.5.1 Subject Materials ............................................................................................................................................... 30
4.2.5.2 Containers .......................................................................................................................................................... 30
4.2.5.3 Specific Collection Requirements ...................................................................................................................... 30
4.2.6 Multifamily and Commercial Customer Compostables Collection ............................................................ 31
4.2.6.1 Subject Materials ............................................................................................................................................... 31
4.2.6.2 Containers .......................................................................................................................................................... 31
4.2.6.3 Specific Collection Requirements ...................................................................................................................... 32
4.2.7 Permanent Drop-box Container Garbage Collection ................................................................................. 32
4.2.7.1 Subject Materials ............................................................................................................................................... 32
4.2.7.2 Containers .......................................................................................................................................................... 32
4.2.7.3 Specific Collection Requirements ...................................................................................................................... 32
4.2.8 Temporary (Non-Event) Container Customers .......................................................................................... 33
4.2.9 Special Event Services ................................................................................................................................ 33
4.2.10 Municipal Services ................................................................................................................................... 34
4.2.10.1 Street Litter and Recycling ............................................................................................................................... 34
4.2.10.2 City Facilities ..................................................................................................................................................... 34
4.2.11 Community Events ................................................................................................................................... 35
4.2.12 On-call Bulky Waste Collection ................................................................................................................ 36
4.2.13 Excluded Services..................................................................................................................................... 36
4.3CSM ................................................................................................................. 36
OLLECTION UPPORT AND ANAGEMENT
4.3.1 General Customer Service ......................................................................................................................... 36
4.3.2 Specific Customer Service Requirements ................................................................................................... 37
4.3.2.1 Customer Service Representative Staffing ........................................................................................................ 37
4.3.2.2 City Customer Service ........................................................................................................................................ 37
4.3.2.3 Service Recipient Complaints and Requests ...................................................................................................... 38
4.3.2.4 Handling of Customer Calls ................................................................................................................................ 38
4.3.2.5 Corrective Measures .......................................................................................................................................... 39
4.3.2.6 Contractor Website ............................................................................................................................................ 39
4.3.2.7 Full Knowledge of Garbage, Recyclables, and Compostables Programs Required ........................................... 40
4.3.2.8 Customer Communications ................................................................................................................................ 40
.......................................................................................... 41
4.3.4 Reporting ................................................................................................................................................... 42
4.3.4.1 Monthly Reports ................................................................................................................................................ 43
4.3.4.2 Annual Reports ................................................................................................................................................... 44
4.3.4.3 Ad Hoc Reports ................................................................................................................................................... 44
4.3.4.4 Other Reports ..................................................................................................................................................... 44
4.3.5 Promotion and Education .......................................................................................................................... 45
City of Tukwila iii August 2022
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RFP DRAFT
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
4.3.6 Transition to Next Contractor.................................................................................................................... 46
4.3.7 Customer Service Center and Store ........................................................................................................... 46
5. COMPENSATION .............................................................................................................................................. 47
5.1CC ....................................................................................................................... 47
OMPENSATION TO THE ONTRACTOR
5.1.1 Rates.......................................................................................................................................................... 47
5.1.2 Itemization on Invoices .............................................................................................................................. 47
5.2CC .................................................................................................................................... 48
OMPENSATION TO THE ITY
5.3CA ................................................................................................................................ 48
OMPENSATION DJUSTMENTS
5.3.1 Initial and Annual CPI Service Component Modification ........................................................................... 48
5.3.2 Changes in Tipping Fee or Fixed Annual Charge ....................................................................................... 49
5.3.3 Changes in Disposal or Compostables Processing Sites ............................................................................ 50
5.3.4 Recycling Commodity Value ...................................................................................................................... 51
5.3.5 New or Changes in Existing Taxes ............................................................................................................. 51
5.3.6 Changes in Service Provision ..................................................................................................................... 51
5.4CL .................................................................................................................................................... 51
HANGE IN AW
6. FAILURE TO PERFORM, REMEDIES, TERMINATION ........................................................................................... 52
6.1PF ............................................................................................................................................... 52
ERFORMANCE EES
6.2CD ............................................................................................................................................... 54
ONTRACT EFAULT
7. NOTICES ........................................................................................................................................................... 56
8. GENERAL TERMS .............................................................................................................................................. 56
8.1CR ................................................................................................................................................. 56
OLLECTION IGHT
8.2AR ............................................................................................................................................... 57
CCESS TO ECORDS
8.3I ........................................................................................................................................................... 57
NSURANCE
8.3.1 Minimum Scope of Insurance .................................................................................................................... 58
8.3.2 Minimum Amounts of Insurance ............................................................................................................... 58
8.3.3 Other Insurance Provisions ........................................................................................................................ 59
8.3.4 Acceptability of Insurers ............................................................................................................................ 59
8.3.5 Verification of Coverage ............................................................................................................................ 59
8.3.6 Subcontractors .......................................................................................................................................... 59
8.4PB ............................................................................................................................................. 59
ERFORMANCE OND
8.5I .................................................................................................................................................. 60
NDEMNIFICATION
8.5.1 Indemnify and Hold Harmless ................................................................................................................... 60
8.5.2 Process ...................................................................................................................................................... 60
8.6CI ........................................................................................................................... 61
ONFIDENTIALITY OF NFORMATION
8.7AC ..................................................................................................................................... 61
SSIGNMENT OF ONTRACT
8.7.1 Assignment or Pledge of Money by the Contractor .................................................................................. 61
8.7.2 Assignment, Subcontracting, and Delegation of Duties ............................................................................ 61
8.7.3 Change of Trade Name.............................................................................................................................. 62
8.8LG/V ....................................................................................................................................... 62
AWS TO OVERNENUE
8.9CALR.............................................................................................. 62
OMPLIANCE WITH PPLICABLE AWS AND EGULATIONS
8.10PL ......................................................................................................................................... 63
ERMITS AND ICENSES
8.11RP ..................................................................................................................................... 63
ELATIONSHIP OF ARTIES
8.12CRC ...................................................................................................... 63
ONTRACTORS ELATIONSHIP WITH USTOMERS
8.13B ....................................................................................................................................................... 63
ANKRUPTCY
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RFP DRAFT
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Table of Contents
8.14RR/A ............................................................................................................................ 64
IGHT TO ENEGOTIATEMEND
8.15FM .................................................................................................................................................. 64
ORCE AJEURE
8.16S ...................................................................................................................................................... 65
EVERABILITY
8.17W ............................................................................................................................................................. 65
AIVER
8.18ICPRCRFP ................................................................... 65
NCORPORATION OF ONTRACTORS ROPOSAL IN ESPONSE TO ITYS
8.19DR ........................................................................................................................................... 65
ISPUTE ESOLUTION
8.20E ............................................................................................................................................................ 65
NTIRETY
EXHIBITS:
EXHIBIT A: Service Area
EXHIBIT B: Contractor Rates
EXHIBIT C: Recyclables List
EXHIBIT D: Rate Modification Example
City of Tukwila v August 2022
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RFP DRAFT
This Comprehensive Garbage, Recyclables, and Compostables Collection Services Contract
, passed by the Tukwila City Council at its regular meeting on the ____day of _____,
2022. This Contract is made and entered into this _______ day of ____________, 2022 (hereafter the
Tukwila
Recology King County, Inc.
RECITALS
WHEREAS, the City has conducted a competitive process to select a contractor to provide Garbage,
Recyclables, and Compostables collection services to all residents, businesses, and institutions
located within the Service Area; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City
conducted a thorough and exhaustive competitive process; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City had
the right at any time during the process to reject any or all of the competitors, regardless of their proposals
or prices; and
WHEREAS, having completed the competitive process, the City has selected the best candidate to provide
the Services outlined in the competitive process; and
WHEREAS, the Contractor represents and warrants that it has the experience, resources, and expertise
necessary to perform the Services as requested in the competitive process; and
WHEREAS, the City desires to enter into this Contract with the Contractor for the Services outlined in the
competitive process and included below;
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein
contained, the City and Contractor do agree as follows:
AGREEMENT
1. DEFINITIONS
The following definitions apply to terms used in this Contract:
Administrative Fee: A City-defined fee that is included in Customer rates charged by the Contractor, with
receipts collected from Customers by the Contractor and remitted to the City as directed in this Contract.
The Administrative Fee is separate from and distinct from any itemized utility, sales, or other taxes that
may be assessed from time to time.
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,
City of Tukwila 1 August 2022
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clothes washing machines or dryers), water heaters, furniture (such as chairs, tables, shelves, cabinets 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, Unacceptable
Waste, or stumps.
Call Center Hours: The times during which a live person Customer Service support shall be available to
address Customer calls, e-mails, texts, or other communications. Call Center Hours shall be 7:00 a.m. PST
through 7:00 p.m. PST, Monday through Friday of each week and no less than four hours on Saturdays, as
agreed upon by the City and Contractor. Holidays, as defined by King County transfer stations, are
excluded.
Can: A receptacle that is a Customer-provided 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. All Cans shall be rodent and insect-resistant and kept in sanitary conditions by
their owner at all times.
Cart: A Contractor-provided twenty (20), thirty-two (32)/or thirty-five (35), forty-five (45), sixty-four (64),
or ninety-six (96) gallon wheeled receptacle with attached lid suitable for collection, storage, and Curbside
placement of Garbage, Recyclables, or Compostables. Carts shall be rodent and insect-resistant.
Change of Control: 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: City of Tukwila, in King County, Washington. As used in the Contract, use
include reference to the City Administrator or his/her designated representative. Where the context
makes it apparent, references to staff, streets, rights-of-way, activities and things refer to the staff,
streets, rights-of-way and activities of the City, and things belonging to or located within the City.
Commercial Customer: Non-Residential Customers, including businesses, institutions, governmental
agencies, and all other users of commercial-type Garbage collection services.
Compostables: Any organic waste material that is Source-separated for processing or composting, such
as Yard Debris, clean scrap wood, and Food Scraps generated by any Residential, Multifamily or
Commercial Customers. Shredded uncontaminated paper shall be accepted as a Compostable material
.
Contractor: Recology King County, 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 of Recyclables and Compostables.
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Container: Any Micro-can, Can, Cart, Detachable Container, or Drop-box Container used in the
performance of this Contract, including both loose and compacting Containers.
Contract: This Contract for comprehensive Garbage, Recyclables and Compostable collection services.
Contract Term: Term of this Contract as provided for in Section 2.
County: King County in Washington State.
Curb or Curbside: Customers property, within five feet (5) of the Public Street or Private Road (or on the
sidewalk without completely obstructing the sidewalk, if there is no Customer property within five feet
(5) of the Public Street or Private Road) without blocking driveways or on-street parking. If extraordinary
circumstances preclude such a location, Curbside shall be considered a placement suitable to the
by the City and Contractor.
Customer: All account-h in this contract.
Customer Service: The assistance, advice and information provided by the Contractor to Customers and
potential customers within the City.
Date of Commencement of Service: November 1, 2023, which is the date that the Contractor agrees to
commence the provision of Services as described throughout this Contract.
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 loose or compacting receptacle 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 Residence or parking
area/garage/carport with a Private Road or Public Street.
Drop-box Container: A watertight all-metal loose material or compactor receptacle with ten (10) cubic
yards or more capacity that is loaded onto a specialized collection vehicle.
Environmental Law: Any applicable federal, State, or local statue, 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: EAn Extra Unit is equal
to thirty-two (32) gallons for all Customers.
Fixed Annual Charge: The charge assessed on the Contractor by the County on an annual basis that is
with King County Ordinance 2021-ll include a Fixed Annual
City of Tukwila 3 August 2022
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Charge component that shall be calculated in accordance with this Contract
the Fixed Annual Charge component, less the Administrative Fee and excise tax on the Adminstrative Fee
that are included in the Fixed Annual Charge component, shall be used by Contractor to satisfy its
obligations to County for payment of the Fixed Annual Charge.
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 Con
animals, plastics, diapers, cat litter, liquid wastes, ashes, pet wastes, or other materials prohibited by the
selected composting facility. The range of Food Scraps 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.
Garbage: All putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to,
rubbish, small quantities of bagged cold ashes, 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.
upon by the City and the Contractor and this handling is consistent with current King County sharps policy.
The term Garbage shall not include Hazardous Waste, Source-separated Recyclable materials, or
Source-separated Compostables.
Hazardous Waste: Any hazardous, toxic, or dangerous waste, substance, or material, or contaminant,
pollutant, or chemical, known or unknown, defined or identified as such in any existing or future federal,
State, or local law, statute, code, ordinance, rule, regulation, guideline, decree, or order relating to human
health or the environment or environmental conditions, including but not limited to any substance that
is:
A.Defined as hazardous by 40 C.F.R. Part 261.3 and regulated as Hazardous Waste by the United
States Environmental Protection Agency under Subtitle C of the Resource Conservation and
et seq., as amended by the Hazardous and Solid
et seq.,
as may be amended; or any other federal statute or regulation governing the treatment, storage,
handling, or disposal of waste imposing special handling or disposal requirements similar to those
required by Subtitle C of RCRA;
B.Defined as dangerous or extremely hazardous by WAC 173-303-040, as may be amended, and
regulated as dangerous waste or extremely hazardous waste by the Washington State
Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW,
or any other 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
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C.Any substance that comes within the scope of this definition after the Date of Execution of this
Contract.
Any substance that ceases to fall within this definition after the Date of Execution of this Contract shall
not be deemed to be Hazardous Waste.
King County Disposal System: The areas 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.
Micro-Can: A water-tight plastic Container not exceeding ten (10) gallons in capacity; fitted with two
sturdy handles, one on each side; and fitted with a tight cover.
Multifamily: A multiple-unit Residence with multiple attached or unattached dwellings billed collectively
for collection service. This includes shared Containers as well as individual Containers for each Residence.
Office Hours: The times during which a Contractor administrative and management staff shall be available
to respond to City staff inquiries. Office Hours shall be 8:00 a.m. PST through 5:00 p.m. PST, Monday
through Friday of each week. Holidays, as defined by King County transfer station schedule, are
excluded.
On-call: The provision of specified services only upon direct phone, written, or e-mailed request of the
Customer to the Contractor.
Party: Either the City or the Contractor.
Parties: The City and Contractor.
Private Road: A privately-owned and maintained way that allows for access by a service vehicle and that
serves multiple Residences.
Public Street: A public right-of-way used for public travel by motor vehicle, including public alleys.
Recycling: The preparation, collection, transport, processing, and marketing of Recyclables.
Recyclables: The materials designated as being partof a Residential or Commercial Recycling collection
program, as listed in Exhibit C.
Residence/Residential: A Single-Family and/or Multifamily living space individually rented, leased or
owned.
Services: The comprehensive Garbage, Recyclables, and Compostables collection and processing services
provided by the Contractor pursuant to the Contract.
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Service Area: The initial service area boundaries shall be a portion of the corporate boundaries of the City,
which are currently as shown on Exhibit A hereto. In the event of a change to the corporate boundaries
of the City, the Service Area may be changed in accordance with Section 4.1.1.
Single-Family Residence: All one-unit houses, duplexes, triplexes, four-plexes, and mobile homes that are
billed for collection service individually and located on a Public Street or Private Road.
Source-separated: Certain reclaimable materials that are separated from Garbage by the generator for
recycling or reuse, including but not limited to Recyclables, Compostables, and other materials.
State: The State of Washington.
Strike Contingency Plan: The plan the Contractor will develop pursuant to Section 4.1.18 of this Contract.
Tipping Fee: The per-ton disposal fee assessed on the Contractor by the County for Garbage delivered to
County disposal facilities.
Transition and Implementation Plan: The plan that the Contractor will develop pursuant to Section 4.1.21
of this Contract.
Unacceptable Waste: 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 federal,
State, 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: Washington Utilities and Transportation Commission.
Yard Debris: Leaves, grass, prunings, branches and small trees. Materials larger than four inches (4) in
diameter or four feet (4) in length are excluded. Bundles of Yard Debris up to two feet (2) in diameter by
four feet (4) in length and no more than fifty-five (55) 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 feet (6) in height are acceptable. Kraft paper bags, or Cans labeled
extra Yard Debris.
2. TERM OF CONTRACT
The Term of this Contract is ten (10) years starting on the Date of Commencement of Service. The City
may, at its sole option, extend the agreement for one extension which shall not exceed two (2) years in
duration. The extension shall be under the terms and conditions of this Contract, as amended by the City
and Contractor from time to time. To exercise its option to extend this Contract, notice shall be given by
the City to the Contractor no less than ninety (90) Days prior to the expiration of the Contract term or the
expiration of a previous extension.
3. CONTRACTOR REPRESENTATIONS AND WARRANTIES
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The Contractor represents and warrants to the City as follows:
Organization and Qualification. The Contractor is duly incorporated, validly existing, and in good
standing under State laws, and has all requisite corporate power and authority to enter into and
to perform its obligations under this Contract.
Authority. 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.
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 untrue statements of a material fact or
omissions of material facts.
Independent Examination. In accepting these responsibilities, the Contractor represents and
affirms that it has made its own examination of all conditions affecting the performance of this
Contract, currently and into the future, and of the quantity, quality, and expense of labor,
equipment, vehicles, facilities, properties, materials needed, and of applicable taxes, permits, and
applicable laws. The Contractor affirms that within the Service Area it is aware of the present
placement and location of all Containers. The Contractor represents and warrants that it is
capable of collecting all Containers from their present locations, and that it is capable of providing
service to and collection of Containers 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 certificate applicable to such additionally annexed territory areas shall be cancelled effective on
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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,
during this seven (7) year period, this Contract terminates for any reason, and a new service provider is
engaged to provide collection services under the terms of a new collection contract, the Contractor agrees
to provide the services outlined in the new contract to customers in the annexed area in accordance with
the provisions of that new collection contract at the unit prices set forth in that new collection contract,
through the duration of the seven (7) year period, unless such area has been transferred to the new
service provider prior to the end of that seven (7) year period.
If, during the term of the Contract, additional territory is added to the City through annexation within
which the Contractor does not have an existing WUTC certificate or other franchise for Garbage or other
collections, then, upon written 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 attorney fees arising out of
In the event that additional territory is added to the Contract 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 6.1 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
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 shall document the condition for the City and Customer and provide
safe and appropriate alternative service to the Customer.
If the Contractor believes that there is a probability of Private Road or Driveway damage due to the
, 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.
4.1.3 Hours/Days of Collection
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All Residential collections by Contractor shall be made between the hours of 7:00 a.m. and 7:00 p.m. PST
on each weekday, unless the City authorizes a temporary extension of hours or days. Saturday collection
is allowed to the extent consistent with holiday schedules (Section 4.1.6) and inclement weather schedule
(Section 4.1.7).
The Contractor may perform Commercial collections twenty-four (24) hour per day, provided such
services do not take place in areas adjacent to Residential dwellings and do not result in noise complaints
to the Contractor or City from Residential Customers in the vicinity. If complaints are received, the
Contractor shall use its best efforts to reroute or otherwise mitigate the noise complaint.
4.1.4 Employee Conduct
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.
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.
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, planting strips, 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
neighborhood community organizations, homeowner associations, or the City
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 person be removed from all
performance of additional work under this Contract. The Contractor shall remove the employee from
Contract work within four (4) hours of City notification.
4.1.5 Disabled Persons Service
The Contractor shall provide carry-out service for Garbage, Recyclables, and Compostables to Single-
Family Residence Customers in cases where no household member has the ability to place Containers at
the Curb, at no additional charge. The Contractor shall establish criteria that are fair and meet the needs
of when determining whether a household member is unable to place
Containers at the Curb. These criteria shall comply with all federal, State, and local regulations, and shall
be subject to City review and approval prior to program implementation.
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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 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
on the
Contractorand by press releases to general news media in the Service Area by
the Contractor the week prior to the holiday affecting service.
4.1.7 Inclement Weather and Other Service Disruptions
employees, area residents or property, the Contractor shall collect only in areas that do not pose a danger.
The Contractor shall notify the City by 7:00 a.m. PST that same business day of its collection plans and
outcomes for each day that severe inclement weather is experienced.
The Contractor shall collect Garbage, Recycling and Compost from Customers with interrupted service on
the first day that regular service to a Customer resumes and shall collect reasonable accumulated volumes
of Garbage, Recycling, and Compost 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 7:00 p.m. PST and/or on Saturdays
following disruptions due to weather in order to finish collection routes.
If successive weather events occur on the same scheduled collection day(s) two collection cycles in a row
for a single collection day (i.e., Tuesday Customers), an additional collection will be made on the next
possible day that same week, (i.e. not waiting for the regularly scheduled collection day for the missed
area.) If multiple days are missed due to inclement weather in multiple weeks, collections shall be made
on the next regularly scheduled collection day. In the event of successive service disruptions impacting
entire neighborhoods, the Contractor shall provide temporary Residential Garbage and Recycling
collection sites using driver-staffed Drop Box Containers or other suitable equipment, with no additional
charge assessed for such temporary service.
The inclement weather/disruption in service requirements in this Section 4.1.7 may be changed upon
mutual written agreement of the Contractor and City at any time during the term of this Contract to better
serve Customers.
All holiday and weather policies shall be included in program information provided to customers. On each
inclement weather day, the Contractor shall release notices of service suspension and alternative
collection schedules to a media list approved by the City notifying residents of the modification to the
collection schedule. The Contractor shall use automated dialing services e-mail, or text messages to
inform Customers at the route level about service changes, provided that Customers shall be provided the
option of using their preferred method or to opt out of communications. Contractor shall update their
website with inclement weather conditions by 8:00 a.m. PST.
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When closure of roadways providing access or other non-
control prevent timely collection on the scheduled day, the Contractor shall make collections on the first
day that regular service to a Customer resumes, collect reasonable accumulated volumes of materials
equal to what would have been collected on the missed collection day(s) from Customers at no extra
charge. Following notification to the City, the Contractor will be provided temporary authorization to
perform collection services after 7:00 p.m. PST and/or on Saturdays following such disruptions in order to
finish collection routes. Delayed or interrupted collections as described in this Section are not considered
service failures for purposes of Section 6.
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 unsafe or unreasonable. Those disruptions or
conflicts may include, but not be limited to, repeated damage to Contractor-provided Containers,
threatening or intimidating behavior toward the Contractor, repeated suspect claims of timely set-out
followed by demands for return collection at no charge, repeated unsubstantiated claims of Contractor
repeated contamination of Recyclables or Compostables, or other such
problems.
The Contractor shall make every reasonable effort to provide service to problem Customers. However,
the Contractor may discontinue service to a problem Customer after prior written notice is given to the
City of the intent to 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 letter or e-mail to the City appealing 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 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 that identifies the specific problem(s) and reason(s) for rejecting the materials for
collection. Failure to provide proper written notification to Customers, per the contamination reduction
program referenced in Section 4.1.11, of the reason for rejecting Garbage, Recyclables, or Compostables
shall be considered a missed collection and subject to performance fees, as established in Section 6.1, due
to lack of proper Customer notification. The specific provisions in this paragraph may be revised and
superseded by the annual promotion and education program (and contamination reduction plan)
developed each year by the Contractor and City.
The failure of the Contractor to collect Garbage, Recyclables, or Compostables that has 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 (1) business day
receipt of notification of the missed pick-up. If the Contractor is notified of a missed pick-up by 9:00 a.m.
PST the following business day, the missed pick-up shall be collected that same day. The Contractor shall
maintain an electronic record of all calls related to missed collections and the response provided by the
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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 shall charge
the Customer an additional return trip fee for this service, provided the Contractor notifies the Customer
of this charge in advance and the Customer agrees to payment of the return trip fee. The Contractor will
not be liable for a missed collection in such case.
4.1.10 Same Day Collection
Collection of Garbage, Recyclables, and Compostables shall occur on the same regularly scheduled day of
the week for Single-Family Residence Customers. Collection of Garbage, Recyclables, and Compostables
for Multifamily and Commercial Customers can be scheduled on different days for each material.
4.1.11 Requirement to Recycle and Compost and Quality Assurance
The Contractor shall use processing facilities to recycle or compost all Source-separated Recyclables and
Compostables collected under this Contract (other than residue), unless express prior written permission
is provided by the City. The Contractor shall use processing facilities that:
1.Process materials to a high standard to maximize the recovery and recycling of all incoming
Recyclable and Compostable materials;
2.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;
3.Are designed and operated to minimize the stream of otherwise recoverable materials destined
for disposal.
4.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 compensated to fully recycle or compost those
incoming materials and that maximum cost-effective recovery is a primary objective
collection programs.
The Contractor shall visually inspect Recyclables and Compostables Containers before or during servicing.
If the Container contains more than five percent (5%) contamination, the Contractor shall document the
If a Customer
received more than three (3) oops tags in a ninety (90) day period, then the Contractor will call the
Customer to provide education and outreach services.
The Contractor shall develop and implement a contamination reduction program to reduce contamination
communication, education and outreach to Customers, methods for evaluating Customer compliance
with recycling and contamination standards, and thresholds and policies for removing or re-establishing
Recyclables and/or Compostables collection service to a customer. If the contamination reduction
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program does not result in a measurable decrease in contamination after a year, the program shall be
adjusted or a new program shall be developed to address contamination. The Contractor shall develop
the program in consultation with the City, and shall implement the program on approval of the program
by the City. The program may be reviewed and adjusted at any time, if both Parties agree that review and
adjustment is appropriate.
Contractor shall provide such information as the City may request regarding aggregate contamination
data that is collected and maintained by the Contractor on a quarterly basis. However, notwithstanding
the foregoing or any other provision of this Agreement, the Contractor shall not provide any information
to City regarding the contents of any individual Cu
4.1.12 Routing, Notification and Approval
The Contractor shall indicate, on a map acceptable to the City, the day of the week Garbage, Recyclables,
and Compostables shall be collected from each Single-family Residence.
The Contractor may change the day of collection by giving notice at least thirty (30) Days prior to the
approval, the Contractor shall provide affected Customers with at least fourteen (14) Days written, phone,
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. Routing changes shall be implemented in a manner that ensures that no Customer shall receive
less than their normal frequency of service (e.g. a weekly Customer shall have no more than seven \[7\]
days between collection days during the shift to the new collection date).
4.1.13 Vehicle and Equipment Type/Age/Condition/Use
The Contractor shall use new 2023 or later model year collection vehicles for Garbage, Recyclables, and
Compostables collection services performed under this Contract. Back-up collection vehicles used fewer
than thirty (30) Days a calendar year shall not be subject to the age requirement that applies to regularly-
used vehicles, but shall be: (i) presentable, (ii) in safe working order, (iii) not leak fluids, and (iv) subject
to all other conditions of this section. The accumulated annual use of individual back-up vehicles shall be
Collection vehicles used in the performance of this Contract shall be of sufficient size and dimension to
provide service to all Customers. 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 make such vehicles
available to ensure smooth and effective collection services throughout the Service Area.
Collection vehicles shall have a switchable placard that clearly indicates the material stream currently
being collected by that vehicle. The colors, trim scheme, and design to be used by the Contractor on the
switchable placards shall be subject to the prior written approval of the City. The lack of switchable
placards on collection vehicles shall be cause for performance fees as described in Section 6.1.
Collection vehicles shall be maintained in a good condition at all times which includes but is not limited to
being clean and sanitary, and shall be thoroughly washed at least once each week. All collection vehicles
shall have appropriate safety markings, including all highway lighting, flashing and warning lights,
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clearance lights, and warning flags, all in accordance with current statutes, rules and regulations.
Collection vehicles shall be repaired and/or have damaged areas repainted upon showing rust on the body
or chassis or at the request of the City. All parts and systems of the collection vehicles shall operate
properly and be maintained in a condition compliant with all federal, State, and local safety requirements
and be in a condition satisfactory to the City. All collection 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. All collection, service, and supervisory vehicles used by the Contractor shall be
equipped with a minimum 10-gallon capacity spill kit. Any collection, service, and supervisory vehicles, or
Containers not meeting these standards shall not be used within the Service Area until repairs are made.
the collection vehicle which clearly indicate the vehicle inventory number. The Customer Service phone
number shall be labeled on the side of the collection vehicle. Signs shall use lettering not less than four
inches (4) high and shall be clearly visible from a minimum distance of twenty feet (20). Signs, sign
locations and the phone number shall be subject to approval by the City. No advertising shall be allowed
Service phone number and
website address, unless otherwise previously approved in writing by the City. Special promotional
written approval. approval shall be in writing
and solely within the CityIn addition, any Contractor vehicle regularly used in the City shall
include a placard clearly visible at the rear of the vehicle. This placard will show,
T-1, T-2, etc., limited to a two (2) digit numeral to aid in rapid identification of vehicles to allow more
precise reporting and correction of any unsatisfactory condition related to specific vehicles. All Contractor
collection, service, and supervisory vehicles shall be equipped with properly licensed two-way
communication equipment. The Contractor shall maintain a base station or have communication
equipment capable of reaching all collection areas. 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 documen
shall be fully trained and required to use these systems. The resulting data shall be uploaded to the
Service database no less than daily to allow Customer Service personnel to be fully
apprised of route progress, and be able to address misses and other Customer inquiries in near real-time.
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
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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.
4.1.14 Container Requirements and Ownership
Contractor Garbage fees included in Exhibit B include all costs of the associated Containers unless
Container rental for a particular service is specifically listed in Exhibit B, such as rent for Drop-box
Containers.
Single-Family Residence, Multifamily, 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 Customer-leased from other parties. Plastic bags or
In the event the Customer uses a Can for Extra Units, the Contractor shall handle the Customer-owned
Can in such a way as to prevent undue damage. The Contractor shall be responsible for unnecessary or
unreasonable damage to or for unrequested removal of Customer-owned Containers.
All Contractor-provided Containers shall be permanently, clearly, and prominently screened, molded-in,
molded-on, imprinted, or otherwise labeled in a fashion that any reasonable person can readily determine
the intended material for the Container. The Container must also be labeled with the size capacity and
material preparation requirements. Contractor-provided Containers shall not be screened, molded-in,
molded-
unless the City provides written permission.
4.1.14.1 Garbage, Recyclables, and Compostables Carts
The Contractor shall provide a Micro-can, or twenty (20), thirty-two (32) or thirty-five (35), forty-five (45),
sixty-four (64), and ninety-six (96) gallon Garbage Carts for the respective level of Garbage collection,
thirty-two (32) or thirty-five (35), sixty-four (64), and ninety-six (96) gallon Recycling Carts for Recyclables
collection, and thirty-two (32) or thirty-five (35), sixty-four (64), and ninety-six (96) gallon Compostables
Carts for Compostables collection. The City shall transfer ownership of existing in-place Carts to the
Contractor, and the Contractor shall wash and re-label all Carts no later than January 30, 2024. All
replacement 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) Dst. All Carts must have materials preparation
instructions including any Customer actions that would void manufacture warranties (such as placement
of hot ashes in the container causing the container to melt), procedures to follow to minimize potential
fire problems, and phone and website contact information printed on a sticker on the lid. If this sticker is
destroyed or removed, Contractor shall replace the sticker within seven (7) Days of being notified by the
Customer or City.
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.
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Collection crews shall note missing or damaged lids, damaged hinges, holes, missing or 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 same day to the
Repairs shall then be made within seven (7) D
expense. Any Cart that is damaged or missing on account of an accident, collection truck mechanical error,
act of nature or the elements, fire, or theft or vandalism by a third party shall be replaced not later than
three (3) business days after notice from the Customer or the City. In the event that a Cart is inadvertently
lost into a collection vehicle during collection due to mechanical or operator error, Customers shall be
notified on the same day via a door knocker tag of the incident and a replacement Cart shall be provided
within twenty-four (24) hours of the loss. Replacement Carts may be used and reconditioned, but shall be
presentable and cleaned before delivered to the Customer. Unusable Containers shall be cleaned (if
necessary) and recycled to the extent possible.
In the event that a Customer repeatedly damages a Container or requests more than one replacement
Container during the term of the Contract due to negligence or intentional misuse, the Contractor shall
the City. The City shall then attempt to resolve
the problem. In the event that the problem continues, the Contractor may charge the Customer a City-
approved Container repair or replacement fee and/or discontinue service to that Customer, provided the
City provides previous written approval.
4.1.14.2 Detachable Containers and Drop-box Containers
The Contractor shall furnish and install one (1), one and a half (1.5), two (2), three (3), four (4), six (6), and
eight (8) cubic yard Detachable Containers, and ten (10), fifteen (15), twenty (20), twenty-five (25), thirty
(30), and forty (40) cubic yard un-compacted Drop-box Containers to any Customer who requires their
use for storage and collection of Garbage, Recyclables or Compostables within three (3) Days of the
ordinance, and a manner satisfactory to the Customer and for collection by the Contractor.
The Contractor shall charge rent for temporary and permanent Drop-box Container service in accordance
with Exhibit B. The Contractor may not charge Customers any additional fees, charges, rates, or any
expenses in connection with Drop-box Container service other than the applicable fees listed in Exhibit B.
Detachable Containers shall be watertight and equipped with tight-fitting metal or plastic covers; have
four (4) wheels for Containers four (4) cubic yards and under unless site-specific concerns dictate the use
of a non-wheeled Container; be in good condition for Garbage 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.
expense before being supplied to a Customer who had not used it earlier. The Contractor shall provide a
fee-based On-call Detachable Container cleaning service to Customers.
As between the Contractor and the City, a
risk and not the Cityone (1) business day any Container
that was supplied by or taken over by the Contractor and was in use if the City Code Compliance Inspector,
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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 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
writing to the City, and the City
same location as found, with the lid closed.
Customer Containers shall be supplied by the Contractor, with the exception of compactors. Customers
may elect to own or secure secondary Containers from other sources, and shall not be subject to
discrimination by the Contractor in collection services on that account, provided that such Containers
(
or secured by Customers must be properly labeled to be eligible for collection. The Contractor shall
provide Garbage, Recyclables, and/or Compostable Container labels to Customers for use on personal
Containers upon request. The Contractor is not required to service Customer Containers that are not
In the event that a Customer damages a Detachable Container or Drop-box Container due to negligence
or intentional misuse, the Contractor may charge the Customer a City-approved Container repair or
replacement fee and/or discontinue service to that Customer, provided the City provides previous written
approval.
4.1.14.3 Ownership
At the end of the Contract Term or in the event the Contract is terminated for any reason, all Containers
at Customer locations used by Contractor to provide Contract Services, shall, at the option of the City,
revert to City ownership without further compensation to the Contractor. Temporary Containers,
Compactor Drop-box Containers leased to Customers outside of this Contract, and all Containers held in
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
The City -is, where-
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
4.1.14.3 or any use made of any such Containers after they become the property of the City or assignee
of the City.
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4.1.14.4 Container Colors and Labeling
Contractor-provided Carts and Detachable Containers for Recyclables shall be blue, Compostables Carts
shall be grey, and Carts and Detachable Containers for Garbage shall be green. Specific Container colors
shall be approved in writing by the City
All distributed Containers shall be labeled with instructional information and contact information that
include both a Customer Service phone number and website address. In-place Containers inherited from
Days of the start of collection
services under this Contract. All labels shall be approved by the City prior to ordering by the Contractor.
Location of the label on Containers shall be subject to the Cityreplaced
when faded, damaged, or upon the City or Customer request. Should any changes be made to the
Garbage, Recycling, or Compostables collection program, the Contractor at their sole expense shall
reproduce and reaffix labels on all Containers. The City may, at its option, provide labels to the Contractor
to be affixed on the initial and replacement inventory of Carts and the Contractor shall place on the
specified location on each Cart. applying
All Detachable Containers and Drop-box Containers to be used for Garbage or Recyclables collection shall
have materials preparation instructions and phone/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 indicates no charge replacement or repair for leaky or broken
Containers, and provides a phone number to call. Information shall be printed in a size that is easily read
by the users, on durable UV-resistant label stock squarely affixed to each Container. All labels shall be
approved in writing by the City prior to ordering by the Contractor. Location of the label on the Containers
shall be subject to the City
Containers used for the collection of Recyclables from Multifamily and Commercial Customers shall be
relabeled by the Contractor if labels fade, are unreadable, contain incorrect information, or upon City
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 or Recyclables that are not place 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 automatically upon service cancellation within seven (7) Days
of the cancellation or upon three (3) business days of specific Customer, property manager, property
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owner, or request. 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
form-
performance fees as delayed Container delivery for that Customer sector.
4.1.15 Spillage
All loads collected by the Contractor shall be completely contained in collection vehicles at all times,
except when material is actually being loaded. Hoppers on all collection vehicles shall be cleared
frequently to prevent the occurrence of unnecessary blowing, leakage, or spillage.
Any leakage or spillage of materials upon the road surface or exposed appurtenances that occurs during
collection shall be cleaned up or removed by the Contractor within four (4) hours of
knowledge of the leakage or spillage at its sole expense. Any associated spillage or leakage entering the
promptly by Contractor staff, to the extent possible. The
Contractor shall be responsible for all in the event that City staff or contractors are required
The Contractor shall document the fluid
leakage, including taking pictures before and after clean-up or removal, and shall provide this
documentation to the City. 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 be subject
to fines and penalties pursuant to City municipal code. Should a leakage or spillage occur during
collection, the Contractor shall notify the designated City contact. Contractor expressly acknowledges it
is solely responsible for any federal, State, or local violations, which may result from said leakage or
spillage.
Any leakage or spillage of materials that occurs during collection that is reported by Customers or the City
shall be cleaned up or removed by the Contractor within four (4) hours at its sole expense. The Contractor
shall document the reported leak or spillage, who reported the incident, and measures made to correct
the incident and report this information via e-mail to the Contract administrator within three (3) hours.
Failure of the Contractor to comply shall be cause for performance fees, as described in Section 6.1.
Any Contractor-supplied Container determined by the City to be leaking shall be replaced by the
Contractor within one (1) business day of notification from the City. Failure of the Contractor to comply
shall be cause for performance fees, as described in Section 6.1.
4.1.16 Pilot Programs
The City may wish to test and/or implement one or more new services or developments in waste stream
segregation, materials processing, or collection technology at some point during the term of this Contract.
The City shall notify the Contractor in writing at least ninety (90) Days in advance of its intention to
implement a pilot program or of its intentions to utilize a new technology system on a partial or City-wide
basis, or as negotiated between the City and Contractor. The costs (or savings) accrued by City-initiated
pilot programs shall be negotiated prior to implementation. If the City deems the pilot a success, and
desires to incorporate the service or development represented in the pilot program in the terms of this
Contract, the City and Contractor each agrees to negotiate in good faith and in accordance with Section
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8.14 to include the provisions of the pilot program into this Contract, including any costs or savings to be
accrued.
Contractor-initiated pilot programs shall require prior written notification to and written approval by the
City. Contractor-initiated pilot programs shall be performed at no additional charge to the City or the
Customers; however, costs (or savings) accrued may be subject to negotiations prior to implementation
at the Cityquest. Results of any Contractor-initiated pilot program shall be reported to the City in the
monthly reports described in Section 4.3.4.1. The Contractor shall not be required to test or implement
any pilot program, new technology, service or development unless the terms and conditions thereof
(including any savings or additional compensation to Contractor) have been mutually agreed in writing by
the City and Contractor.
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. This shall be done at no extra expense to the City or Customers.
4.1.18 Contractor Planning and Performance Under 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
The planned
response will take the form of a Contractor-prepared Strike Contingency Plan and shall address in detail:
1.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
seven (7) Days following the initiation of the disruption.
2.Contingency training plans to ensure that replacement and management staff operating routes
are able to continue to collect route data and follow collection and material delivery procedures
for all material streams collected from Customers.
3.Identification of 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
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
that does not allow the Contractor to collect all materials on their regular schedule (e.g. a wildcat
strike) within seven (7) Days following the initiation of the disruption.
ttorney-client privilege and attorney work
doctrine rights, the Contractor shall keep the City informed of the status of active labor negotiations
affecting the Services hereunder on a timely basis, specifically during the period surrounding the end of
employee contracts with Contractor employees. In the event that labor disruptions of any kind cause
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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 w
some or its entire Strike Contingency Plan. At the close of each service day during a Labor Disruption, 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.
The Contractor shall provide make-up collection on Saturday for any Single-family Garbage and
Recyclables collection Customers missed during the preceding week.
In the event that a disruption lasts more than one full Single-family Residential collection cycle, the
Contractor with approval of the City shall provide Drop-box Containers or staffed packer trucks for
Customer use for each affected material stream in approved locations throughout the affected route
areas, as well as the collection of reasonable quantities of accumulated materials at no additional charge
on the next regular collection cycle for each material.
If there is no make-up collection, the Contractor shall provide a credit for all service missed equal to the
pro-rata
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. The Contractor shall pay
the City monthly by the tenth day of the following month:
1.A cost reimbursement amount of one thousand dollar ($1,000) for each day of Labor Disruption
to reimburse staffing and other costs for managing the impacts of the Labor Disruption;
2.A performance fee of two thousand five hundred dollars ($2,500) a day for each day of Labor
Disruption from the first (1 st) day to the seventh (7 th) day of the Labor Disruption;
3.A performance fee of five thousand dollars ($5,000) a day for each day of Labor Disruption from
the eight (8 th) day to fourteenth (14 th) day of the Labor Disruption; and
4.A performance fee of ten thousand dollars ($10,000) a day for each day of Labor Disruption for
every day beyond the fourteenth (14 th) day of Labor Disruption.
The performance fees listed as 2 through 4, 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 failure arising from labor disruptions, the Contractor shall not be allowed any cure
period opportunity or rectification process; provided, however, that the City may elect to receive the
equivalent value of additional services, as negotiated, in lieu of these specific performance fees.
-prepared Strike Contingency Plan of this section
shall be subject to a special fee of one thousand dollars ($1,000) per day for its non-compliance during
the Labor Disruption event. This special fee is separate compensation to the City
failure to plan and execute the provisions of this section. The special fee shall be paid to the City within
thirty (30) D invoice.
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Fees paid by the Contractor under the terms of this Section 4.1.18 are not regular performance fees for
the purposes of Section 6.1 and shall not be counted in the cumulative performance fee default threshold
referenced in Section 6.2 (6).
Any Contractor-prepared Strike Contingency Plan or other information communicated by the Contractor
to the City pursuant to this section shall be maintained in confidence by the City to the maximum
permissible extent under applicable law.
4.1.19 Site Planning and Building Design Review
The Contractor shall, upon request and without additional charge, make available site planning assistance
to either the City and Customers or potential Customers, and shall publicize the appropriate contact
information for this function. 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 removal 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.
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 streets, signs/posts, light poles, planting strips, and trees. If such
improvements, facilities, utilities, or streets are damaged as a result of
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 an immediate 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 promptly, as determined by the City, 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. The
Contractor shall be liable for any damage to property or person caused by the negligent actions of
Contractor, and the Contractor shall indemnify and hold the City harmless for any such damage or legal
implications from said actions.
4.1.21 Transition and Implementation of Contract
The Contractor shall develop, with the Citythe City no
later than thirty (30) 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, 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 Transition and Implementation Plan shall describe in detail what is involved with each of the
activities and events listed in the timeline. The Transition and Implementation Plan shall also specifically
address how the Contractor intends to proceed in the event of inclement weather and what contingency
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plans will be in place to accelerate implementation if Container delivery or other planned activities are
impacted by inclement weather.
The Contractor shall be responsible for funding all the design, development, printing, sorting, mail prep,
delivery, and mailing costs, including the cost of the postage-prepaid mail-back cards and any costs
associated with the website ordering services, and of all new and continuing service and educational
materials described above and needed to comply with the Transition and Implementation Plan outreach
described in this section of the Contract.
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 unless otherwise directed by the City,
the Citythe City
approval as to method of delivery. Customer materials must contain important dates/timelines, answers
to frequently asked questions, information about translations available, and a phone number and website
for Customers needing additional information. Materials must contain clear and accurate wording, easy-
to-read font, professional visual graphics, be free of inaccurate or misleading information, be free of
typographical errors, and must be printed on minimum 30% post-consumer recycled paper. The City will
Transition and Implementation Plan schedule to allow sufficient time for the City 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
not limited to,
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) D
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
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 may not be passed on to Customers or the City,
or included in rates or fees charged 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
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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 City in person or
via phone/video conference, at the City period three (3) months
before and two (2) months after the Date of Commencement of Service and monthly throughout the term
of the Contract to discuss operational and Contract issues.
The Contractor shall continually monitor and evaluate all operations to ensure that compliance with the
provisions of this Contract is maintained.
The City may periodically monitor collection system parameters such as participation, Container
condition, contents weights, and waste composition. The Contractor shall assist and fully cooperate with
the City the City
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 CityOffice Hours
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 the County), shall be delivered to the King County Disposal System in
compliance with all King County rules regarding such disposal.
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 the County does not accept
of Garbage mixed with visible Yard Debris shall be grounds for performance fees as provided in Section
6.1. Contractor shall be liable and
intentional collection of Garbage mixed with visible Yard Debris. The Contractor shall indemnify and hold
the City harmless for any damage or liability resulting from said collection.
The Contractor shall not knowingly collect or dispose of Unacceptable Waste or other hazardous materials
that are either restricted from disposal or would pose a danger to collection crews. If materials are
rejected for this reason, the Contractor shall leave a written notice in a prominent location with the
rejected materials listing why they 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 the inclusion of such
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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 the
County and the City and in accordance with the Solid Waste Interlocal Agreement between the County
and the City. Contractor in all such instances shall charge Customers no more than the equivalent Garbage
disposal fee within the King County Disposal System or such other disposal fee as the City reasonably
directs the Contractor to charge. In addition, hauling fees charged by the Contractor in such instances
shall be no higher than those provided for in Exhibit B.
4.1.25 Emergency Response
Contractor shall assist the City in the event of a disaster or emergency declaration. Contractor services
shall be provided as soon as practical upon City direction and paid at the Contract rates in Exhibit B.
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
Management Agency (FEMA), and at the Citythe City in developing any reports or
applications necessary to seek federal assistance during or after a federally-declared disaster.
4.1.26 Vacation Service Stops
Single-Family Residential Customers shall have the option of stopping collection services if their Residence
will be vacant for more than four (4) consecutive weeks. The Customer shall not be charged for services
during the vacation stop period. The Contractor may charge a standby fee as provided for in Exhibit B for
vacation service stop exceeding ninety (90) Days.
4.1.27 Hiring Preference
For initial hiring under this Contract, the Contractor and subcontractors shall give hiring preference to any
Garbage, Recyclables, or Compostables (including Yard Debris) 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
employment. Nothing in this section is intended to create any third
party rights under this Contract.
Upon the hiring of a displaced collection worker represented by Teamsters Local 117 or 174, the
Contractor shall be required to keep the displaced work
bargaining agreement 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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displacement and when the worker would become eligible for such benefits under the collective
bargaining agreement.
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 in, and properly prepared and contained materials 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 Containers shall be delivered by the Contractor to Single-Family
Residence Customers within seven (7) D
Container must be a Contractor-
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.Ten (10) gallon Micro-can;
2.Twenty (20) gallon Garbage Cart;
3.Thirty-two (32) or thirty-five (35) gallon Garbage Cart;
4.Forty-five (45) gallon Garbage Cart;
5.Sixty-four (64) gallon Garbage Cart; and
6.Ninety-six (96) gallon Garbage Cart.
The Contractor shall also offer a service of once per month collection of non-putrescible waste in a thirty-
two (32) or thirty-five (35) gallon Cart.
Carry-out surcharge fees 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, unless otherwise provided
for in this Contract. The Carry-out surcharge fee listed in Exhibit B shall be charged once for all three
collection streams.
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
authorized under this Contract at no additional charge to the Customer. Extra charges may be assessed
for materials loaded so as to lift the Container lid in excess of six inches (6) 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.
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The Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of all
Extra Units. Customers shall be allowed to specify that no Extra Units be collected without prior Customer
notification, which shall be provided by the Single-Family Residence Customer no less than one (1)
business day If a Customer specifies no Extra Units, than such
materials shall be left at the Curb uncollected and tagged with written notification as to why it was not
collected.
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 shall offer Single-Family Residential Customers an On-Call clean-up program that allows
each Single-Family Customer to place up to two (2) cubic yards of Garbage once each year at the Curb for
collection on the
three feet by three feet , plus four (4) non-appliance bulky items such as couches or large chairs.
The Contractor shall track usage to ensure that no Customer uses more than their allowed one collection
per calendar year, unless they pay for regular Extra Units or Bulky Waste collection service.
4.2.2 Single-Family Residence Recyclables Collection
4.2.2.1 Recyclable Materials
Residential Recyclables shall be collected from all participating Single-Family Residences Customers as
part of Garbage collection services, at no additional charge. If operational or recycling processing
improvements are madethat allow additional materials to be recycled at no additional cost to the
Contractor, the Contractor agrees to expand the defined list of Residential Recyclables to cover such
materials, subject to prior written approval by the City. The Contractor shall collect Curbside prepared
Recyclables as described in Exhibit C. With the exception of Corrugated Cardboard, the maximum
dimensions for Recycling materials shall be two feet (2) by two feet (2).
The City reserves the right to engage in product stewardship and/or waste prevention activities that may
result in one or more materials being removed from the Exhibit C list.
4.2.2.2 Containers
The Contractor shall provide collection Recycling Containers to Customers at no charge. The default
Recycling Cart size shall be ninety-six (96) gallons, provided that the Contractor shall offer and provide
thirty-two (32)/thirty-five (35) or sixty-four (64) gallon Recycling Carts on request to those Single-Family
Residence Customers requiring less capacity than provided by the standard ninety-six (96) gallon Recycling
Cart. A Customer may request and receive from the Contractor one additional Recycling Cart at no
additional charge. Additional Carts above the two provided at no cost shall be charged at the extra
Recycling Cart rate provided in Exhibit B.
Recycling Carts shall be delivered by the Contractor to new Single-Family Residence Customers, those
Customers requesting replacements or additional Carts, or Customers that had previously rejected their
Recycling Cart, within seven (7) D
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4.2.2.3 Specific Collection Requirements
Single-Family Residence Recyclables collection shall occur every-other-week on the same day as each
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.
The Contractor shall collect all Residential Recyclables from Single-Family Residences that are placed in
Carts, paper bags, boxes, or labeled Cans next to the Customers choosing to
use their own Containers for excess Recycling shall be provided, upon Customer request, durable labels
by the Contractor that clearly identify the CRecycling. Recyclables must be prepared
as described in Exhibit C and uncontaminated with food or other residues. No limits shall be placed on
set-out volumes for Curbside Recyclables, other than those specifically listed in Exhibit C.
4.2.3 Single-Family Residence Compostables Collection
4.2.3.1 Subject Materials
The Contractor shall provide subscription-based (user fee-based) Compostables collection services to
requesting Single-Family Customers.
4.2.3.2 Containers
A Compostables Cart shall be provided to all Single-Family Customers who subscribe for Compostable
service. Compostable service Customers shall be provided a kitchen Food Scraps composting starter kit
upon request, including a kitchen container, one roll of compostable bag liners, and instructional
materials. The contents of the starter kit shall be approved by the City prior to distribution. Customers
shall be limited to one starter kit per Customer.
The default Compostables Cart size shall be ninety-six (96) gallons, with thirty-two (32) or thirty-five (35)
gallon and sixty-four (64) gallon sizes available upon request. The first Compostables Carts shall be
provided as part of the Compostables service. Additional 96-gallon Compostables Cart service shall be
provided by the Contractor, at the rate provided in Exhibit B. The additional Cart service includes the
provision of the Cart, collection and composting costs. Customers may also rent an additional 96-gallon
Cart without service (rental only) at the rate provided in Exhibit B.
Compostables Carts shall be delivered by the Contractor to Customers within seven (7) Days of the
The Contractor shall offer an annual cleaning of Compostables Carts at no
additional charge, upon Customer or City request. Additional cleaning shall be available to Customers
upon request at the charges listed in Exhibit B.
4.2.3.3 Specific Collection Requirements
Properly prepared Compostables shall be collected every-other-week on the same day as Residential
Garbage and Recyclables collection. Collections shall be made from Single-Family Residence Customers
on a regular schedule on the same day and as close to a consistent time as possible. Compostables in
excess of ninety-six (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 accordance with Exhibit B.
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Extra Yard Debris material that does not fit in the initial Compostables Cart shall be bundled or placed in
Kraft bags or Customer-owned Cans labeled for Yard Debris. Customers choosing to use their own
Containers for excess Yard Debris shall be provided, upon Customer request, durable labels by the
Contractor that clearly identify the CFood Scraps shall be contained in
the initial Compostables Cart and only Yard Debris shall be placed in bags, bundles, or Cans.
Upon direction from the City, for two (2) collection cycles immediately following a City-designated storm
event, up to ninety-six (96) additional gallons of containerized, bundled, or bagged Compostable storm
debris shall be accepted with regular quantities of Compostables without additional charge, provided that
the materials are prepared and set-out as described for excess Yard Debris in the prior section. This
service shall be available only to Compostables service subscribers and shall be limited to no more than
three (3) events per year.
The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection
is provided.
4.2.4 Multifamily and Commercial Customer Garbage Collection
4.2.4.1 Subject Materials
The Contractor shall collect all Garbage set out for disposal by Multifamily and Commercial Customers in
Garbage Containers, and adjacent to, if properly prepared.
4.2.4.2 Containers
Multifamily 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
one (1) through six (6) cubic yard 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. Customer-owned or Customer-leased Detachable Container compactors shall
be co The
Contractor shall provide locks for Containers at no additional charge upon Customer originated request.
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. Extra charges may be assessed for materials loaded so as
to lift the Container lid in excess of six inches (6) from the normally closed position. 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 and Commercial Customers. However, not all collection sites within the 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.
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Containers shall be delivered by the Contractor to requesting Multifamily and Commercial Customers
within three (3) business quest.
4.2.4.3 Specific Collection Requirements
Collections from both Multifamily and Commercial Customers shall be made on a regular schedule on the
same day and as close to a consistent time as possible.
an orderly and quiet manner, and shall return Containers after emptying to the same location as found,
with their lids closed.
The Contractor shall not charge fees for either opening gates or unlocking Containers. The Contractor shall
remove and replace Containers from enclosures and position (roll-out) Containers up to twenty-five feet
for Garbage collection at no additional charge. Additional roll-out charges may be assessed in twenty-
five foot (25) increments only to those Multifamily and Commercial Customers for whom the Contractor
must move a Container over twenty-five feet () to reach the collection vehicle at its nearest point of
access. Customers with hard-to-access Containers requiring the Contractor to wait for Customer
equipment for Container relocation may
charge those Customers additional access fees and/or hourly fees consistent with Exhibit B.
Multifamily and Commercial Customers 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 and Commercial Customer Recyclables Collection
4.2.5.1 Subject Materials
All properly prepared Recyclables listed in Exhibit C for Multifamily and Commercial Customers (including
those Multifamily and Commercial Customers utilizing permanent Drop-box Collection services), shall be
collected as part of the Garbage collection services without extra charge, subject to the capacity
limitations provided for in Section 4.2.5.3. 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.
4.2.5.2 Containers
The Contractor shall provide Recycling Containers at no additional charge to all Multifamily 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 instead of multiple Carts at Multifamily sites
where more than one (1) cubic yard of Recycling capacity is provided, unless constraints favor the use of
Carts. The Contractor shall provide locks for Containers at no additional charge upon Customer originated
request. Containers used for the collection of Recyclables shall be delivered by the Contractor to
requesting Customers within three (3) business d
4.2.5.3 Specific Collection Requirements
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Multifamily and Commercial Recyclables collection shall occur at least weekly or more frequently 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.
make collections in an orderly and quiet manner, and shall return Containers after emptying to the same
location as found, with their lids closed.
When providing weekly Commercial Recyclables collection to a particular Customer, the Contractor shall
not be required to provide Recycling Container capacity greater than one hundred fifty percent (150%) of
yard Garbage Container would be provided up to six (6) cubic yards of weekly Recyclables Container
capacity. Any additional recycling may be fee-based as negotiated between the Customer and Contractor.
A 3-to-1 ratio shall be used for calculating volumes for compaction-based Garbage service. For example,
a six (6) cubic yard compacted Garbage Container would be considered eighteen (18) cubic yards of
uncompacted Garbage volume.
The Contractor shall not charge fees for either opening gates or unlocking Containers. The Contractor shall
remove and replace Containers from enclosures and position (roll-out) Containers up to twenty-five feet
for Recycling collection at no additional charge. Additional roll-out charges may be assessed in
twenty-five foot (25) increments only to those Multifamily and Commercial Customers for whom the
Contractor must move a Container over twenty-five feet () to reach the collection vehicle at its nearest
point of access. Customers with hard-to-access Containers requiring the Contractor to wait for Customer
charge those Customers additional access fees and/or hourly fees consistent with Exhibit B.
4.2.6 Multifamily and Commercial Customer Compostables Collection
The Contractor shall provide subscription-based (user fee-based) Compostables collection services to
requesting Multifamily and Commercial Customers.
4.2.6.1 Subject Materials
The Contractor shall provide collection of Compostables from any requesting Multifamily or Commercial
ntinued compliance with material preparation requirements.
Containers including contaminated or oversized Compostables materials rejected by the Contractor shall
be tagged in writing in a prominent location 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. The Contractor shall
offer regular thirty-two (32) or thirty-five (35) gallon, sixty-four (64) gallon, and ninety-six (96) gallon
Compostable Carts at the rates set forth in Exhibit B.
To encourage Compostable diversion, upon request, the Contractor shall provide one (1) Compostable
Cart to be serviced weekly for up to one (1) year to any Multifamily or Commercial Customer who
previously did not subscribe to Compostables service. In order to participate, Customers must have
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demonstrated proper Recyclable materials preparation and accept technical assistance for Compostables.
Carts may be removed if the Customer repeatedly contaminates the Compostables Cart. This no-charge
program is limited to one hundred (100) Customers per calendar year. Additional service frequency,
additional Carts, or time period after one (1) year shall be charged at the rates set forth in Exhibit B.
The Contractor shall offer an annual cleaning of Compostables Carts at no additional charge, upon
Customer or City request. Additional cleaning shall be available to Customers upon request at the charges
listed in Exhibit B. Compostables Carts shall be delivered by the Contractor to Multifamily and Commercial
Customers within three (3) business
4.2.6.3 Specific Collection Requirements
Multifamily 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. T
collections in an orderly and quiet manner, and shall return Containers after emptying to the same
location as found, with their lids closed.
4.2.7 Permanent Drop-box Container Garbage Collection
4.2.7.1 Subject Materials
The Contractor shall provide permanent Drop-box Container Garbage collection services to Customers, in
accordance with the service level selected by the Customer. For the purposes of this Section, a permanent
Drop-box Container Customer is a Customer who retains service for more than ninety (90) Days and has
their Container hauled at least once per calendar month.
Permanent Drop-box Container Customers who have at least one (1) haul of their Container each month
are eligible for Recycling services per Section 4.2.5. If a permanent Drop-box Container Customer with
regular Recycling service falls below the minimum one (1) Garbage haul per month threshold, the
Contractor shall notify the Customer of the minimum requirement for Recycling eligibility and that the
Contractor will charge for future Recycling collection at market rates if the minimum Garbage haul
threshold is not met in successive months.
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. Customer-owned or Customer-leased Drop-box Container
compactors shall be collected by the Contract
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
4.2.7.3 Specific Collection Requirements
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The Contractor shall provide dispatch service and equipment capable of collecting full Drop-box
is received by the call center before
or at 10:00 a.m. PST
the call center after 10:00 a.m. PST.
Drop-box Container to the Customer at the time of collecting the full Drop-box Container.Drop-box
Containers shall be delivered to new Customers within one (1) business day of their initial 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).
4.2.8 Temporary (Non-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
Container service as listed in Exhibit B shall include delivery, collection, distance, and disposal. No
additional fees other than those included in Exhibit B may be charged. Temporary Garbage services do
not include Recycling or Compostables collection and shall not exceed ninety (90) Days in duration, unless
the Customer has their Container hauled less than once per calendar month, in which case they will
continue to be considered a temporary customer. Customers requiring more than monthly collection
service for over ninety (90) Days shall subscribe for regular combined Garbage and Recycling, service.
4.2.9 Special Event Services
Contractor shall provide temporary Garbage, Recyclables, and Compostables Carts to Customers
sponsoring special events within the Service Area at the rates listed in Exhibit B. 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 of materials
disposed of and diverted for recycling and composting.
Contractor shall provide special event services as a bundle, with each event providing collection of
Recyclables and Compostables at no additional charge as part of the event Garbage collection service. The
provision of Garbage-only service shall only be provided on a case-by-case basis upon prior written
approval of the City.
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4.2.10 Municipal Services
The Contractor shall provide the services in this Section 4.2.10 at no additional charge to Customers or
the City.
In the event that the value of municipal services provided by the Contractor year-on-year increases more
than the change in overall Contract revenues year-on-year, the City will either pay for the additional value
reflect the
excess cost to Contractor in providing such services.
If the City is restricted from accepting these services at no charge, the Contractor shall be separately and
specifically paid for these services at Contract rates and the Contractor shall reduce the Contract rates by
the estimated costs of providing these services to the City at no charge.
4.2.10.1 Street Litter and Recycling
The Contractor shall provide weekly or more frequent as needed Garbage and Recycling collection for
street litter or recycling receptacles (including the provision of plastic bags to line the receptacles) within
the City.
4.2.10.2 City Facilities
The Contractor shall provide weekly Garbage, Recyclables and (as appropriate) Compostables collection
to all City-owned municipal facilities and parks as a part of this Contract and at no additional charge. As
of the date herein, these facilities consist of the following:
Facility Address(s)
Bicentennial Park 6000 Christensen Rd
City of Tukwila 6300 Southcenter Blvd
Crestview Park 16200 42nd Ave S
Crystal Park 15832 51st Ave S
Evidence & Records Storage 12026 42nd Ave S
Fire Station 51 17951 Southcenter Pkwy
Fire Station 52 15447 65th Ave S
Fire Station 53 4202 S 115th St
Fire Station 54 4237 S 144th St
Fort Dent Park 6800 Fort Dent Way
Foster Golf Course 13500 Interurban Ave S
Foster Park 13919 53rd Ave S
George Long Building 14000 Interurban Ave S
Justice Center 14835 & 15005 Tukwila International Blvd
Minkler Office 600 Minkler Blvd
Old Fire Station 52 5900 S 147th St
Parks & Golf Maintenance Facility 13900 Interurban Ave S
Police Evidence 444 Andover Park East
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Facility Address(s)
Public Works Maintenance Shop 11210 & 11234 Tukwila International Blvd
Starfire Sports Complex 14800 Starfire Way
Tukwila City Hall 6200 Southcenter Blvd
Tukwila Community Center 12424 42nd Ave S
Tukwila Heritage & Cultural Center 14475 59th S
Tukwila Park 15460 65th Ave S
Tukwila Pond 299 Strander Blvd
Tukwila Pool 4414 S 144th St
15421 42nd Ave S
Way Back Inn 14688 McCadam Rd S
14239 42nd Ave
At any time during the term of this Contract, the City may add facilities in addition to those listed above.
Additional municipal facilities added during the term of the Contract shall also be provided collection,
including new facilities developed within the City Service Area, as well as municipal facilities in future
annexation areas covered by this Contract.
In cases in which Garbage, Recyclables, or Compostables are generated through the performance by third
parties of services for the City outside of the normal operation of a municipal facility, Contractor may
charge for the collection of such materials in accordance with charges listed in Exhibit B. For example, the
City could be required by Contractor to pay for the disposal of debris generated by the replacement of
the roof of a City facility. Regular Garbage, Recyclables, and Compostables generated on an ongoing basis
at all City facilities in the ordinary course of their operations, however, whether generated by staff or third
parties (e.g. janitorial contractor) will be collected by the Contractor without charge to the City. Tenants
and other occupants of a municipal facility, other than those who operate the facility as a City contractor
of municipal services may be charged by Contractor in accordance with this Contract for the collection
from them of associated Garbage, Recyclables, and Compostables.
The Contractor shall provide Garbage, Recycling, and Compostables collection services to the City for up
to ten (10) clean-up events each calendar year. At each event, the Contractor shall provide a forty (40)
yard Drop-box Container (or other size approved by the City) without charge to the City. Contractor shall
waive delivery, rental, disposal and other fees for the first ten (10) events each year. All Source-separated
materials shall be properly recycled or composted by the Contractor.
4.2.11 Community Events
The Contractor shall support up to two (2) special drop-off collection events scheduled each year for City
residents (proof of residency required) located within the Service Area. At each event, the Contractor
shall provide Drop-box Containers and/or Detachable Containers for Garbage. The Contractor shall
provide all equipment, transportation, and disposal fees at no additional charge to the City.
The Contractor shall provide Garbage, Recycling, and Compostables services for City-sponsored special
events at no additional 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:
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th
4 of July Celebration
Tukwila Backyard Festival
Tukwila Days Festival (2 separate events)
At any time during the term of this Contract, the City may add 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.
4.2.12 On-call Bulky Waste Collection
The Contractor shall provide on-call 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 B 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 and the charge that will be made to their next bill.
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 maintain a separate log listing service date, materials collected, Customer charges,
weights, and whether the item was recycled or disposed. This log shall be provided to the City on a
monthly basis in accordance with Section 4.3.4. On-call Bulky Waste collection must occur during the
hours and days specified in Section 4.1.3, with the exception that Saturday collection is permissible if it is
more convenient -
disruptive and quiet manner.
4.2.13 Excluded Services
This Contract does not include the collection or disposal of Unacceptable Waste.
4.3 Collection Support and Management
4.3.1 General Customer Service
The Contractor shall be responsible for providing all Customer Service functions, including, but not limited
to:
1.Answering Customer phone calls and e-mail requests;
2. notification of service changes via out-
dialer calls, texts, or e-mails;
3.Informing Customers of current, new, and optional services and charges;
4.Handling Customer subscriptions and cancellations;
5.Receiving and resolving Customer complaints;
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6.Dispatching Drop-box Containers, temporary Containers, and special collections;
7.Billing;
8.Maintaining and updating regularly as necessary a user- and mobile-friendly internet website; and
charges set forth in Exhibit B.
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 Service Area. Operations and management staff shall be located at that site. Call center
operations may be remotely provided, but shall be based within the United States of America. The
Contractors call center shall be open and available with Customer Service representatives during Call
Center Hours. Customer calls shall be taken during Call Center Hours by a person, not by voicemail.
Outside of Call Center Hours, the Contractor shall have an answering or voicemail service available to
record messages from all incoming phone calls.
The Contractor shall maintain a twenty-four (24) hour emergency phone number for use by the City. The
Contractor shall have a representative, or an answering service to contact such representative, available
at such emergency phone number for City use during all hours, including normal Office Hours. Inability to
accordance with Section 6.1.2.
4.3.2.1 Customer Service Representative Staffing
During Call Center Hours, the Contractor shall maintain sufficient call center staff to answer and handle
complaints and service requests from all Customers without delay. If incoming phone calls necessitate,
the Contractor shall increase staffing levels as necessary to meet Customer Service demands. The
Contractor shall provide and publicize a phone number capable of handling service related text messages.
The Contractor shall maintain sufficient staffing to answer and handle complaints and service requests in
a timely manner made by methods other than phone, including letters, e-mails, text messages, social
media messages, or webpage messages. 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 performance criteria.
The Contractor shall provide additional staffing during the transition and implementation period, and
especially from six (6) weeks prior to the Date of Commencement of Service, through the end of the fourth
(4 th) 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 prior review and approval.
4.3.2.2 City Customer Service
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The Contractor shall maintain local staff that has management level authority to provide a point of contact
during Office Hours for the majority of inquiries, requests, and coordination covering the full range of
Contractor activities related to this Contract. Duties include, but are not limited to:
1.Assisting staff with promotion and outreach to Single-Family Residences, Multifamily, Commercial
Customers, and special events;
2.Serving as an ombudsperson, providing quick resolution of Customer issues, complaints, and
inquiries; and
3.Assisting the City with program development and design, research, response to inquiries, and
troubleshooting issues.
A Contractor-designated service expert shall be accessible by staff to address emerging problems as
needed, and shall return messages (phone, mobile messaging, or e-mail) within four (4) hours of the City
leaving or sending a message during Office Hours and by noon on the next business day if after Office
Hours.
Should the Contractor fail to meet the City expectations for Customer Service as described herein, the
Contractor shall be assessed performance fees in accordance with Section 6.1.
4.3.2.3 Service Recipient Complaints and Requests
The Contractor shall record all complaints and service requests, regardless of how received, including
method of
transmittal, and nature, date and manner of resolution of the complaint or service request in a
computerized daily log. Any phone calls received through the Contractor's non-Call Center Hours
voicemail or answering service shall be recorded in the log no later than by the following business day.
The Contractor shall make a conscientious effort to respond directly to the Customer and resolve all
complaints within one (1) business day of the original phone call, letter, or electronic communication, and
service requests within the times established throughout this Contract for various service requests. If a
longer response time is necessary for complaints or requests, the reason for the delay shall be noted in
the log, along with a description of the
The Customer Service log shall be available for inspection by the City, or its designated representatives,
during the Contractors 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 phone calls shall be answered promptly and courteously, with an average speed of answer
of less than thirty (30) seconds. No phone calls shall be placed on hold for more than two (2) minutes per
occurrence, and on a monthly basis, no more than 10% of incoming phone calls shall be placed on hold
for more than twenty (20) seconds. A Customer calling into the Customer Service phone lines and placed
on hold shall hear messages that are applicable to services provided under this Contract and not
misleading to Customers.
A Customer shall be able to talk directly with a Customer Service representative when calling the
Service phone number during Office Hours without navigating an automated
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phone answering system that takes longer than sixty (60) seconds to navigate. An automated voicemail
service or phone answering system may be used when the office is closed. Customer Service
representatives shall provide accurate and applicable information, and shall not provide confusing,
inaccurate, or misleading information.
4.3.2.5 Corrective Measures
Upon the receipt of Customer complaints in regard to busy signals or excessive delays in answering the
phone, the City may request the Contractor submit a plan to the City for correcting the problem. Once the
City has approved the plan, the Contractor shall have sixty (60) Days to implement the corrective
measures, except during the transition and implementation period from thirty (30) Days prior to the Date
of Commencement of Service, through the end of the fourth month after the Date of Commencement of
Service, during which the Contractor shall have seven (7) Days to implement corrective measures.
Reasonable corrective measures shall be implemented without additional compensation to the
Contractor. Failure to provide corrective measures shall result in possible performance fees pursuant to
Section 6.1 assessed against the Contractor.
4.3.2.6 Contractor Website
The Contractor shall maintain a mobile-friendly website containing information specific to the City
collection programs, including the following information at a minimum:
1.Contact information, noting available hours for each contact method;
2.Collection schedules;
3.Current day of collection map;
4.Material preparation requirements;
5.Available services and options;
6.Rates and fees for all sectors and services;
7.Holiday scheduled and resulting delays in collections;
8.Inclement weather service changes;
9.Current education and outreach materials;
10.Translation options available; and
11.Other relevant service information for its Customers.
The Contractor website shall provide the following functions for Customers to:
1.Obtain day-of-service information;
2.Report issues and receive a tracking number or other method to monitor progress on their issue;
3.Chat/instant message with a Customer Service agent rather than talk if desired;
4.Connect to voice services for Customer Service;
5.Review and pay bills;
6.Manage services; and
7.Switch service levels or order additional services;
Electronic Customer Service requests shall be answered within one (1) business day of receipt.
The website design shall be usability tested and then submitted to the City for approval a minimum of
three (3) months prior to the Date of Commencement of Service of this Contract, and then changes shall
be subject to the City
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among its local staff a knowledgeable and proficient communications manager that is responsive to the
request(s) . Changes requested by the City consisting of
textual messages only shall be implemented 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
regular place of Container set-out) shall be implemented as soon as possible but not more than three (3)
hours from of the time of request. Changes requested by the City that include a graphical component
must be implemented within five (5) Days of the time of the request.
The Contractor shall provide timely updates to the website, and provide links to the City
checking on a regular basis that all links are current. The website shall include information requested by
the City translated into a minimum of four (4) languages including English and Spanish. Upon
request, the Contractor shall provide a website utilization report indicating the usage and communication
preferences.
The Contractor shall collect only the Customer information necessary to perform Contracted solid waste
collection functions from websites, applications, and any other electronic media used by Customers. To
the extent permitted by applicable law, any Customer data collected in the course of performing functions
of this Contract shall be provided to the City upon request, but shall not be sold or otherwise provided to
any other party.
4.3.2.7 Full Knowledge of Garbage, Recyclables, and Compostables Programs Required
Service representatives shall be fully knowledgeable of all collection services
available to Customers, including the various services available to Single-Family Residence, Multifamily
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, collection concerns, missed pickups, Container deliveries, disposal
and recycling options for items not accepted by Contractor, and other Customer concerns. Customer
Service representatives shall be trained to inform Customers of Recyclables and Compostables
preparation specifications. City policy questions shall be forwarded to the City for response.
Service representatives shall have instantaneous electronic access to
Customer Service data and history to assist them in providing excellent Customer Service. The Contractor
shall provide the City with internal Customer Service representative training and support information
specific to the City to allow the City to review and check information provided to Customer Service
representatives and, in turn, provided to Customers. Any revisions to these materials shall be approved
in writing (e-mail is acceptable) by the City prior to being used by Customer Service representatives.
4.3.2.8 Customer Communications
All Customer communications (other than routine service and billing interactions with individual
Customers) shall be reviewed and approved by the City before distribution. This includes messaging in
out-dialer recorded messages, billing statements, bill inserts, e-newsletters, email marketing, social
media, website, mailed materials, printed materials, and other avenues of planned communications.
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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. F-based call center reduces over
time and is supplanted by an increase in texting, the Contractor shall shift staff resources accordingly to
ensure 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
The Contractor shall be responsible for all billing functions related to the collection services required
under this Contract. All Single-family Residence Customers shall be billed every-other-month or quarterly,
and Multifamily and Commercial Customers sh
parameters include, but are not limited to the service period, invoice date, due date, late fee date,
reminder date(s), Container removal and stop-service date. The City reserves the right to review and
provide feedback on the bill template used by the Contractor as to format and design to ensure Customer
satisfaction. The Contractor sh
Billing and accounting costs associated with Customer invoicing, including credit card fees, shall be borne
by the Contractor, and are included in the service fees in Exhibit B. The Contractor may bill to Customers
-
policies and amounts that have been previously approved in writing by the City.
The Contractor shall offer paperless billing, including an autopay/electronic notification function that
allows Customer to set up autopay and receive an e-mail or text notification of the amount and draw date
ebsite to obtain that
information.
The Contractor shall be responsible for the following:
1.Generating combined Garbage, Recyclables, and Compostables collection bills for all Customers;
2.Generating bills printed double-sided, on at least thirty percent (30%) post-consumer recycled-
content paper;
3.Generating bills that include at a minimum a statem
level, current charges and payments, appropriate taxes and fees, Customer Service contact
information and website information;
4.Generating bills that clearly state the date at which late fees will be assessed for non-payment;
5.Generating bills that have sufficient space on the front or back of the bill for educational or
informational messaging, as directed by the City;
6.Accepting automatic ongoing payments from Customers via debit or credit card, checking or
savings account withdrawal, or by wire transfer. No transaction fees may be levied on any
Customer payments;
7.Accepting, processing, and posting payment data each business day;
8.Accepting bill inserts from the City for specific Customer sectors;
9.Maintaining a system to monitor Customer subscription levels, record excess Garbage or
collection, and charge for additional services requested and delivered. This system shall maintain
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instantaneously accessible to Customer Service representatives needing to refer to Customer
Service data and history;
10.Forecasting annual rate modifications needed to collect the Fixed Annual Charge component from
Customers, remitting the proportionate amount of the County Fixed Annual Charge to the County
monthly, and reconciling and reporting the aggregate Fixed Annual Charge component collected
from Customers with amounts billed by County to Contractor.
11.Accepting and responding to Customer requests for service level changes, missed or inadequate
collection services, and additional services;
12.Collecting unpaid charges from Customers for collection services; and
13.Implementing rate changes as specified in Section 5.3.
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 account
servicing database (excluding Customer financial information such as credit card or bank account
numbers) sorted by Customer sector via e-mail, FTP site or electronic media upon request. The City shall
have unlimited rights to use such account servicing database for the purpose of developing targeted
educational and outreach programs, analyzing service level shifts or rate impacts, and/or providing
information to successor contractors.
The Contractor shall track the aggregate Fixed Annual Charge component received by Contractor from
Customer receipts. The Contractor shall total receipts for the Fixed Annual Charge component received
from Customers during each July 1 to June 30
excise tax on the Administrative Fee from that amount to calculate the aggregate Fixed Annual Charge
component collected during that period that is actually available to Contractor to pay the Fixed Annual
Charge to the County. The resulting value shall be compared to the County Fixed Annual Charge paid by
Contractor to the County during that same time period. The differential between those two amounts
referenced in the preceding sentence shall represent the amount of any overpayment or underpayment
to be included in the Customer rates beginning January 1 of the following year.
Upon seven (7) Days written notice, the Contractor shall provide the City with a paper and/or electronic
y, including but not limited
to Customer names, service and mailing addresses, contact information, service levels, and current
account status.
4.3.4 Reporting
The Contractor shall provide monthly, annual, and ad hoc reports to the City. The Contractor report
formats may be modified from time to time at request at no additional charge to the City. In
addition, the Contractor shall allow City 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, certified weight slips from Garbage, Recyclables, and/or Compostables facility, and
Customer charges and payments.
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Reports shall be focused on providing data in an easy to read fashion and must include sufficient
information to determine that the terms of the Contract are being meet, not general company promotion.
Data shall be provided directly in the relevant report, preferably in Microsoft Excel form. Links to websites
or company database functions do not fulfill the requirements of this section.
4.3.4.1 Monthly Reports
The Contractor shall provide a monthly report containing the following information for the previous
month by the twenty-first (21 st) Day of the following 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 a report for each of the following topics that is clearly labeled and identified by topic:
1.A log of all Customer complaints including Customer name, property name and address, date of
contact, complaint, and resolution.
2.A tabulation of the number of Single-Family, Multifamily, and Commercial accounts by service
level/Container size, and service frequency.
3.Total billed revenue, aggregate Fixed Annual Charge component collected with Administrative
Fee and excise tax on Administrative free removed, and the Fixed Annual Charge payments made
to the County;
4.Customer Service phone system showing total call volume, total
calls answered, and average speed of answer.
5.Website utilization report showing total number of Customers managing their services on-line,
total number of messages received via website, data on site usage, and other data or information
as the City may require for internal reporting purposes.
6.A summary of total Garbage, Recyclables, and Compostables quantities collected (in tons) for each
collection sector by month and year-to-date. Drop-box tonnage shall be separated out and shall
include total number of hauls. The summary shall include program participation statistics
including: a summary of Multifamily 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, etc.),
reporting item counts are sufficient. The summary shall include the names of facilities used for all
materials and tonnage delivered to each facility.
7.A summary of Recyclables quantities by commodity including contamination levels and processing
residues disposed as Garbage, and notice of any significant changes in market value, if any.
8.A list of Commercial Customers with Recyclables collection, including monthly Garbage Container
capacity, monthly Recyclables Container capacity, percentage of available (150% threshold)
Recyclables collection service utilized, and the amount of additional paid Recyclables capacity
arranged by any Customer.
9.A description of any vehicle accidents, infractions, and reported leaks.
10.A description of any changes to collection routes, Containers, vehicles (including the identification
of back-up vehicles not meeting contract standards with the truck number and date of use),
Customer Service or other related activities affecting the provision of services.
11.A description of any promotion, education, and outreach efforts, including where possible,
samples of materials, and summary of any feedback or response received from Customers.
12.A description of Contractor activities and tonnages for City services and events.
If collection vehicles are used to service more than one Customer sector, the Contractor shall develop an
apportioning methodology that allows the accurate calculation and reporting of collection volumes and
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quantities from the different sectors. The apportioning methodology shall be subject to the prior review
and written approval of the City, and shall be periodically verified through field-testing by the Contractor.
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
being taken 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), collection sector
assigned to or used in, and maintenance history, including vehicle painting.
6.A list of Multifamily Customers eligible for Recycling and Compostables collection service but not
receiving one or both services.
7.A list of Commercial Customers eligible for Recycling and Compostables collection service but not
receiving one or both services.
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).
9.A sustainability report.
ontract
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 six (6) ad hoc reports each year, at no
additional charge 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 within
thirty (30) days of the request. These reports shall not require the Contractor to expend more than fifty
(50) staff hours per year to complete.
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 Contract
Term.
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4.3.5 Promotion and Education
The Contractor, at its own cost and at the direction of the City, shall have primary responsibility for
developing, designing, executing, and distributing public promotion, education, and outreach programs.
The Contractor shall also have primary responsibility for Customer recruitment, providing annual service-
oriented information and outreach to Customers, distributing City-developed promotional and
educational pieces at the City
and outreach programs at the direction of the City.
Each year, the Contractor shall deliver an annual comprehensive service guide to each Single-Family
Residential, Multifamily, and Commercial Customers which shall include, at a minimum, information on
the proper preparation and disposal of Garbage, Recyclables, and Compostables; City rates information;
disposal options for difficult-to-recycle items and Hazardous Wastes; collection guidelines; contact
information; applicable services from this Contract; translation resources; assistance available from the
Contractor; and any other pertinent information. The default distribution shall be a paper copy delivered
to the Customer, with a Customer option to receive the service guide electronically instead of a hard copy.
New Customers shall receive a welcome packet comprised of materials from the comprehensive service
guide for their sector. Customers may choose electronic or mailed copy. Hard copy mailed welcome
packets must be mailed within seven (7) days.
Each
education program for the following year, including adjustments in materials and/or targeted audiences
. Promotion and
education materials may include inserts in Garbage bills, newsletters, e-newsletters, email blasts, social
media posts, website content, cart hangers/tags, door hangers, postcards, interior posters, exterior signs,
and other avenues directed by the City. The City may elect to assist the Contractor with development of
promotional material layout and text, as staff time allows, however the Contractor shall be responsible
for all design and development work, subject to City approval.
The Contractor shall provide translations of the proper preparation and disposal of Garbage, Recyclables,
and Compostables into languages
Promotion, education and outreach materials shall be clear, accurate, reflective of the Contract and
industry, contain professional visual graphics, be free of misleading information or typographical errors,
and include translation information. All promotion and education materials provided to Customers by the
Contractor shall be approved in advance by the City. The Contractor shall provide the City with a minimum
of a one (1) week advance review period for social media posts, email blasts, and electronic promotion,
and minimum of a two (2) week advance review period for all printed materials. All edits and design
All printed materials shall be printed on minimum thirty percent (30%) post-consumer recycled paper and
have sufficient copies to fulfill requests from Customers and the City. Electronic copies of materials shall
be provided to the City and with file size not to exceed 2 MB each.
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The Contractor shall attend a minimum of two community events per year in the Service Area to provide
an educational booth for event attendees. Events shall be selected in coordination with the City and may
include City-sponsored events/festivals, farmers markets, block parties, or other community gatherings.
The Contractor shall contact the manager or owner of all Multifamily sites within the Service Area by
phone and/or in-person visits to encourage Recycling and Composting participation, address concerns,
space or contamination problems, provide outreach to residents, and inform the manager or owner of all
available Recycling and Composting services and ways to decrease Garbage generation. The Contractor
shall provide copies of educational materials, including translated versions, and reusable tote bags for
each resident upon request of the City or the Multifamily manager or owner. The Contractor shall
coordinate and work cooperatively with City staff and/or consultants hired to conduct outreach and
education, and provide technical assistance.
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 the City
Contractor.
In the event that the City 4.1.14.3,
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. Container removal and replacement shall be
coordinated between the Contractor and a successive contractor to occur simultaneously in order to
minimize Customer inconvenience.
Upon written request of the City at any time during the term of this Contract, the Contractor shall provide
either the City or a successive contractor a detailed customer list, including customer name, contact
information, service address, billing 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
Failure to fully comply with this Section 4
bond, at the City
4.3.7 Customer Service Center and Store
The Contractor shall operate a Customer Service center and store in or within five miles of the Service
Area limits. The store shall be open no less than forty (40) hours per week. The store shall provide
Customers with the following: customer service assistance; host City-sponsored education events, waste
zero presentations, virtual MRF tours, and other waste reducing events; and a Recycling education center
with information on how to decrease waste including posters and brochures. The Customer Service center
and store may sell items that help residents reduce waste such as reusable lunchboxes, mugs, cloth
napkins and items made from recyclable materials. The Customer Service center and store shall provide
Customers a no-cost drop-off location for the following recyclable items that are not accepted Curbside:
certain small appliances, electronics, batteries, bikes, books, cooking oil, electronics, fluorescent bulbs,
TM
propane canisters, cooking oil and Styrofoam. Upon mutual agreement between Contractor and City,
the Customer Service center and store may add or delete specific recyclable items to the foregoing for
acceptance at the store in response to current City needs and commodity end-market availability.
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5. COMPENSATION
5.1 Compensation to the Contractor
5.1.1 Rates
The Contractor shall be responsible for billing and collecting funds from Single-family Residence,
Multifamily, and Commercial Customers in accordance with the charges for services listed in Exhibit B.
The Contractor may reduce or waive at its option, but shall not exceed, the charges listed in Exhibit B.
Senior low-income and/or disabled resident discounts of fifty percent (50%) shall be offered to Single-
ractor
with a list of eligible accounts and shall update the list as revisions are made.The payment of charges for
services listed in Exhibit B by Customers shall comprise the entire compensation due to the Contractor.
In the event that a Customer places Excluded Materials or Unacceptable Materials in a Container, and the
Contractor collects those materials inadvertently and incurs extraordinary expenses dealing with those
materials, the Contractor may charge the Customer the actual costs of managing those materials, as
approved by the City. Actual costs shall include additional transportation, handling, and disposal costs
incurred by the Contractor for handling only those specific materials traceable to that Customer.
The City is not required under this Contract to make any payments to the Contractor for the Services
performed, or for any other reason, except as specifically described in this Contract, or for services the
City obtains as a Customer.
In the event that Contractor or a Customer desires services not specifically addressed in this Contract, the
Contractor shall propose service parameters and a rate to the City in writing, based on the an adjacent
Contractor WUTC tariff if the Contractor operates in such an area or an average of surrounding WUTC
tariffs if the Contractor does not operate in an adjacent WUTC tariff area
the Contractor may provide the requested services. In no case shall the Contractor provide unauthorized
services or charge unauthorized rates.
5.1.2 Itemization on Invoices
The Fixed Annual Charge component and all applicable City, County, and State solid waste or Hazardous
Waste taxes or fees, utility taxes, and certain sales taxes shall be itemized separately on Customer invoices
and added to the charges listed in Exhibit B, except that the City Administrative Fee shall be included in
Exhibit B rates and shall not be itemized separately on Customer invoices.
The Contractor shall not charge separately for the collection of Source-Separated Recycling collection,
other than Commercial Recyclables collection in excess of the one hundred fifty percent (150%) threshold
limitation described in Section 4.2.5.3.
Charges for excess Garbage or Compostables, Single-family, Multifamily and Commercial Compostables
collection, Drop-box Container On-call collection services, On-call 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 B.
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The County Tipping 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 plus twelve percent (12%) and the current state excise tax
on the disposal component.
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 B. 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 (except as provided for in
Section 5.3.2), Garbage collection service level shifts, or other changes affecting the collection system.
5.2 Compensation to the City
The Contractor shall pay to the City a one-time fee of thirty-six thousand dollars ($36,000) upon Contract
execution to cover City costs for procuring this Contract.
th
The Contractor shall also pay to the City an Administrative Fee of 6% on or before the fifteenth (15) day
of each month during the term of this Contract, starting the month following the initiation of the fee. The
Administrative Fee shall be based on the gross receipts received by the Contractor from all Customers
under this Agreement, excluding Drop-box Container Tipping Fees.
Administrative Fee shall survive the termination date of this Contract until the Contractor is no longer
receiving payments from Customers for services provided under this Contract.
receipts during any accounting period during the term of the Contract. The audit shall be confined to
confirming Customer billing rates, Contractor receipts for services provided under this Contract and bad
debt recovery.
The City may implement or change the Administrative Fee level in any year, provided that the change is
synchronized with the annual Contractor rate modification described in Section 5.3.1. The City shall notify
st
the Contactor of the new Administrative Fee for the following year by September 1, and the Contractor
shall itemize and include the appropriate adjustment in its Rate Adjustment Statement provided October
st
1 of each year. In the event that the Administrative Fee is adjusted, either up or down, the Contractor
shall add or subtract an amount equivalent to the State excise tax (1.75% in 2021), as may be adjusted
from time to time by the State.
In addition, the Contractor shall be responsible for payment of all applicable permits, licenses, fees and
taxes as described in Section 8.10, Permits and Licenses.
5.3 Compensation Adjustments
5.3.1 Initial and Annual CPI Service Component Modification
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The collection fee component of the fees contained in Exhibit B, and the
miscellaneous fees and charges contained in Exhibit B that do not have separate disposal fee components,
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 Seattle-Tacoma-Bellevue, Urban Wage Earners and Clerical
Workers, All items, Series ID: CWURS49DSA0 (1982-84=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 th of the previous year that the request for increase is made. For
examplllection service charge effective January 1, 2025, will be
based on the CPI for the twelve (12) month period ending June 30, 2024.
An initial adjustment of the Exhibit B rates shall be performed in September 2023, based on the twelve
(12) month period ending June 30, 2023. The adjusted rates shall be in effect from the Date of
Commencement of Service through December 31, 2024. The rate modification notification to Customers
shall be provided in informational materials provided as part of the new Contract roll-out.
Beginning January 1, 2025shall 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
st
1 of each year, starting October 1, 2024.
In the event that the CPI index series decreases year-to-year, the collection fee component and
miscellaneous fees and charges shall remain unchanged. 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%).
Whether a cap or a floor is applied in a given year under this paragraph shall have no effect on the
Adjustments under this Section 5.3.1 shall be made in units of one cent ($0.01). Fractions less than one
cent ($0.01) shall be truncated and not be considered when making adjustments.
In the event that the Contractor does not submit a Rate Adjustment Statement by October 1 st, the City
shall calculate and unilaterally implement a rate adjustment based on the best available information as of
October 1 st of that year for the applicable period and the Contractor may not appeal this action. On the
review and verification, absent any City ethe new rates
st
shall take effect on January 1 of the following year. An example of rate adjustments due to Consumer
Price Index changes is provided in Exhibit D.
5.3.2 Changes in Tipping Fee and Fixed Annual Charge
Annual adjustments shall be made to the Tipping Fee component and Fixed Annual Charge component of
Customer charges contained in Exhibit B to reflect increases or decreases in the Tipping Fee or Fixed
Annual Charge charged by County.
In the event of a change in the Tipping Fees, the Tipping Fee component of each Customer charge shall
be adjusted by the percentage increase or decrease in the County Tipping Fee.
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nty to the City and Contractor
no later than September 1st of the year preceding in which the Fixed Annual Charge is to take effect. The
Charge component of the rate annually. The aggregate value of the Fixed Annual Charge component to
be included in Customer rates each year shall be calculated to be the forecasted amount equal to the
Fixed Annual Charge assessed on the Contractor by County plus the applicable Administrative Fee and
excise tax on Administrative Fee, and further modified by any overpayment or underpayment calculated
pursuant to Section 4.3.3. The Fixed Annual Charge component of the Customer charges shall be applied
to all regular Garbage services and Garbage Drop-Box services, but shall not apply to Bulky Waste, Extra
Units, temporary Detachable Container, Recyclables, or Compostables services. This component shall be
allocated among applicable Customer subscriptions and calculated annually as a proportion of monthly
Container volume for the current Customer counts.
In the final year of the Contract, the Fixed Annual Charge component included in Customer charges shall
be increased by a percentage to be mutually determined by the Contractor and City over and above what
to avoid underpayment by Customers of an amount equal to at least the Fixed Annual Charge assessed
on Contractor plus the applicable Administrative Fee and excise tax on the Administrative Fee. Any
overpayment by Customers to Contractor of the Fixed Annual Charge component that exceeds amounts
required to be paid by Contractor to satisfy its payment obligations of the Fixed Annual Charge,
Administrative Fee, and excise tax on Administrative Fee at the end of the Contract shall be paid to the
City.
The Contractor's obligation to pay the Fixed Annual Charge components collected from Customers shall
extend past the termination date of this Contract until the Contractor is no longer receiving payments
from Customers for services provided under this Contract.
shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered
when making adjustments. Specific examples of rate modifications due to changes in Consumer Price
Index, Tipping Fee, and Fixed Annual Charge are provided in Exhibit D.
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
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.
5.3.3 Changes in Disposal or Compostables Processing Sites
If the Contractor is required by the City or other governmental authority to use Garbage disposal or
Compostables processing sites other than those being used at the initiation of this Contract, the
Contractor shall submit a detailed proposal for the adjustment of the rates to reflect any additional cost
or savings to the Contractor.
case will be adjusted so as to pass through any resulting additional costs incurred by the Contractor to the
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Contractor or any additional savings to the Contractor to Customers. 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.
5.3.4 Recycling Commodity Value
The City and Contractor agree that the Contractor rates in Exhibit B include all Recyclables processing and
marketing costs, including processing residual disposal. The Contractor shall retain revenues gained from
the sale of Recyclables. Likewise, a tipping or acceptance fee charged for Recyclables shall be the financial
responsibility of the Contractor.
5.3.5 New or Changes in Existing Taxes
If new municipal, county, regional, or State taxes or fees are imposed, the rates of existing taxes (other
than federal taxes) or fees
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
rates pursuant to this Contract in such a case be adjusted so as to pass through any resulting additional
costs incurred by the Contractor to the Contractor or any savings realized to the Contractor to the City.
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.
5.3.6 Changes in Service Provision
In the event that either the Contractor initiates any changes in how Contract services are provided that
reduce Contractor costs and cause adverse Customer impacts in the opinion of the City, the Contractor
shall promptly notify the City in writing of such reduced costs, and rates shall be reduced within thirty (30)
Days of the subject change so that the City
fifty percent (50%) of the cost savings. Contractor changes in how Contract services are provided that do
not adversely affect Customers shall not affect Customer rates.
5.4 Change in Law
The City may consider an adjustment to rates as a result of changes in federal, state, or local laws or
regulations, the administrative or judicial interpretation thereof, or an order or judgement of any
governmental authority,
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. It is
through any resulting additional costs incurred by the Contractor to the Contractor or any savings realized
to the Contractor to the Customers or City. The Contractor and City shall enter into good faith
negotiations to determine whether compensation adjustments are appropriate for the amount exceeding
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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.
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 Contractors
compliance with the provisions and requirements of this Contract. In the event that s inspection
reveals that the Contractor has failed to satisfactorily perform any duties of this Contract, the City shall
present an incident report to the Contractor detailing such unsatisfactory performance. The Contractor
and the City agree that upon receiving such report, the Contractor shall pay the following dollar amounts,
not as a penalty, but as performance fees for failure to satisfactorily perform its duties under this Contract.
The City and the Contractor agree that 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 4.2.10.
Performance fees shall include:
Action or Omission Performance fees
1 Collection before or after the times specified in Section Five hundred dollars ($500) per
4.1.3, except as expressly permitted in writing. incident (each vehicle on each
route is a separate incident).
2 Repetition of complaints on a route after notification, One hundred dollars ($100) per
including, but not limited to, failure to replace Containers in incident, not to exceed five
designated locations, spilling, not closing gates, not hundred dollars ($500) per
replacing lids, crossing planted areas, or similar violations. vehicle per Day.
3 Failure to initiate clean-up or collect leaked or spilled The cost of cleanup to the City,
materials and/or failure to notify the City within three (3) plus five hundred dollars ($500)
hours of Contractor knowledge of such release. 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.
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Action or Omission Performance fees
6 Failure to collect missed materials within one (1) business One hundred dollars ($100) per
day of notification.incident to a maximum of five
hundred 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, Carts, bags, or boxes.
9 Rejection of Garbage, Recyclables, or Compostables without One hundred dollars ($100) per
providing documentation to the Customer of the reason for incident.
rejection.
10 Failure to deliver or remove Containers within three (3) One hundred dollars ($100) per
business days of request to Multifamily or Commercial incident.
Customers requesting service after the Date of
Commencement of Service.
11 Failure to deliver or remove Garbage, Recyclables, or One hundred dollars ($100) per
Compostables Containers within seven (7) Days of request incident.
to Single-Family Residence Customers requesting service
after the Date of Commencement of Service.
12 Misrepresentation by Contractors in records or reporting. Five thousand dollars ($5,000)
per incident.
13 Failure to provide the required annual, monthly, or ad hoc Five hundred dollars ($500) per
report on time. Day past deadline.
14 Failure to maintain clean, sanitary, properly painted, and Fifty dollars ($50) per incident,
properly labeled Containers. up to maximum of one thousand
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. Day.
17 Failure to meet the service and performance standards Two hundred and fifty dollars
listed in Section 4.3.2 of this Contract for a period of two (2) ($250) per Day until the service
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, Recyclables, and Compostables per day, plus twenty-five dollars
Containers on or before the Date of Commencement of ($25) per Container for each
Service.
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Action or Omission Performance fees
incident occurring after the Date
of Commencement of Service.
19 Failure to include City-authorized instructional/ One hundred dollars ($100) per
promotional materials when Garbage, Recycling, and/or incident.
Compostables Containers are delivered to Single-Family
Residences, or failure to affix required City-authorized labels
on Containers.
20 Failure to separate collection of Recyclables materials from Five thousand dollars ($5,000)
Service Area Customers from non-Service Area customers. per route per day.
21 Failure to properly use an authorized switchable placard or One hundred dollars ($100) per
nameplates as described in Section 4.1.13. placard per vehicle per Day.
22 Two hundred-fifty dollars ($250)
phone number. per incident.
23 The use of outdated, or unauthorized labels, or lack of One hundred dollars ($100) per
required labels on Contractor-provided Containers. Container.
24 Failure to have correct rates for all Customer sectors and Two hundred-fifty dollars ($250)
per Day.
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 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%) per month of the amount of any delinquent payments.
Any performance fees assessed against the Contractor may be appealed by the Contractor in writing to
the City within ten (10) Days of being invoiced for assessed performance fees. The Contractor shall be
allowed to present evidence as to why the amount of the assessed performance fees should be lessened
or eliminated, including the provision of incorrect information provided by a previous contractor for
contract failures during the initial transition period. 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 4.1.18;
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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.
4.The Contractor disposes of uncontaminated Source-separated Recyclables or Compostables
collected from clearly identified Recyclables or Compostables Containers, bags, or boxes 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 (21) Days following
the initiation of a labor disruption pursuant to Section 4.1.18.
The City reserves the right to pursue any remedy available at law or in equity for any default by the
Contractor. In the event of default, the City shall give the Contractor ten (10) Days prior written notice of
its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise
(including but not limited to a hazard to public health or safety or the environment) that does not allow
ten (10) Days prior written notice, the City shall promptly notify the Contractor of its intent to exercise its
rights. If the Contractor cures the stated reason within the stated period, or initiates efforts satisfactory
to the City to remedy the stated reason and the efforts continue in good faith, the City may opt to not
exercise its rights for the particular incident. If the Contractor fails to cure the stated reason within the
stated period, or does not undertake efforts satisfactory to the City to remedy the stated reason, then the
City may at its option terminate this Contract 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) Dctor
to be in default of this Contract and notify the Contractor of the termination of this Contract. A copy of
Upon receipt
of such notice, the Contractor agrees that it shall promptly discontinue the services provided under this
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.
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.
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The City
damages all expenses incurred, including reasonable attorneys fees, together with all such additional
sums as may be necessary to complete the services provided under this Contract, together with any
further damages sustained or to be sustained by the City.A surety performing under this Contract shall
be entitled to payment in accordance with this Contract for Contract services provided by the surety, and
shall otherwise be subject to the same rights and obligations with respect to the Contract services
furnished by the surety as would be applicable if the Contract services were to be performed by the
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
If the City employees provide Garbage, Recyclables or Compostables collection, the actual incremental
costs of City labor, overhead, and administration shall serve as the basis for a charge to the Contractor
7. NOTICES
e-mail unless otherwise required under this Contract. All notices referencing change of ownership,
penalties, rate requests, performance fees, or Contract default shall be e-mailed 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 e-mail
addresses for use by the City when sending notices of penalties, performance fees, or Contract default:
To the City:
Director of Public Works
City of Tukwila
6300 Southcenter Blvd, Suite 200
Tukwila, WA 98188-2544
To Contractor:
Recology King County, Inc.
801 S Fidalgo St, Suite 100
Seattle, WA 98108
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 instigate, join in or contribute to the
or
joinder in such litigation is necessary for the protection of such rights. The Contractor may independently
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enforce its rights under this Contract against third party violators, including, but not limited to, seeking
injunctive relief, and the City shall use good faith efforts to cooperate in such enforcement actions brought
by the Contractor (without obligating the City to join any such litigation, except for as provided in this
paragraph). Such efforts may include but not be limited to cease and desist letters, assistance with
documenting violations, and other activities as City staff time reasonably allows.
This Contract provision shall not apply to Garbage, Recyclables, or Compostables self-hauled by the
generator; to Source-separated materials hauled by common or private carriers (including drop-off
recycling sites); or to construction/demolition waste hauled by self-haulers or construction or demolition
contractors in the normal course of their business.
The Contractor shall retain the right and cover all costs to dispose of or process and market the Garbage,
Recyclables, and Compostables once these materials are placed in Contractor-provided or the City -owned
Containers. The Contractor shall retain revenues gained from the sale of Recyclables or Compostables.
Likewise, a tipping or acceptance fee charged for Recyclables or Compostables shall be the financial
responsibility of the Contractor.
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 within thirty (30) miles of the Service Area for storing records
pertaining to the Contract that are prepared in accordance with Generally Accepted Accounting Principles,
S
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
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.
tenance 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
recourse to any remedy available at law or in equity.
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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
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 Automobile Liability insurance policy.
2.Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01, or a
substitute form providing equivalent liability coverage and shall cover liability arising from
premises, operations, independent contractors, products-completed operations, personal injury
and advertising injury, and liability assumed under an insured contract. There shall be no
endorsement or modification of the Commercial General Liability insurance for liability arising
from explosion, collapse, or underground property damage. The City shall be named as an
additional icy with
respect to the work performed for the City, using ISO additional insured endorsements CG 2010
0704 and CG 2037 0704.
3. coverage as required by the Industrial Insurance laws of the State.
4. 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 an additional Pollution Liability insurance policy.
8.3.2 Minimum Amounts of Insurance
Contractor shall maintain at a minimum the following insurance limits:
1.Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of five million dollars ($5,000,000) 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 five million dollars
($5,000,000) for each occurrence, five million dollars ($5,000,000) general aggregate, and a two
million dollar ($2,000,000) products-completed operations aggregate limit. Limits may be
achieved by a combination of primary and umbrella policies.
3. coverage as required by the Industrial Insurance laws of the State.
4. insurance shall be written with limits no less than three million
dollars ($3,000,000) combined single limit for each pollution condition for bodily injury, personal
injury, property damage, cleanup costs, and legal defense expense.
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8.3.3 Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
1.the City, its
officials, employees, and volunteers. Any insurance, self-insurance, or insurance pool coverage
maintained by the City
with it. The City, its officials, officers, employees, agents, and volunteers shall be named as
Automobile Liability, Commercial General Liability, and
Pollution Liability insurance policies, via blanket-form endorsement.
2.separately to each insured against
3.Each insurance policy required by the insurance provisions of this Contract shall provide the
required coverage and shall not be canceled except after the Contractor endeavors to provide
thirty (30) Days prior written notice 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
8.3.4 Acceptability of Insurers
Insurance is to be placed with insurers with a current AM Best rating of not less than A-:VII.
8.3.5 Verification of Coverage
The Contractor shall furnish the City Administrator and City Attorney 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
thirty (30) Days before the Date of Commencement of Service of this Contract.
8.3.6 Subcontractors
Contractor will request all subcontractors performing work in connection with this Agreement to maintain
ce with applicable law or
$1,000,000 per occurrence and $2,000,000 in the annual aggregate, and Automobile Liability insurance
with limits of $1,000,000.
8.4 Performance Bond
Bond(s) in a form acceptable and approved by the City in the amount of seven hundred and fifty thousand
dollars ($750,000). The bond(s) shall be issued for a period of not less than one (1) year, and the Contractor
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shall provide new bond(s) to the City no less than sixty (60) 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) Days before its expiration.
8.5 Indemnification
8.5.1 Indemnify and Hold Harmless
The Contractor shall indemnify, defend, protect, and hold harmless the City, its elected and appointed
officials, officers, employees, representatives and agents, from any and all third party claims or suits, and
any damages, costs, judgments, awards or liability resulting from such claims or suits, (a) for injury or
death of any person or damage to property to the extent the same is caused by the actual or alleged
negligent acts or omissions, or willful misconduct, of Contractor, its agents, servants, representatives,
officers, or employees in the performance of this Contract and any rights granted hereunder, or b) to the
extent such claim or demand is caused by unlawful release of Hazardous Waste in violation
of any Environmental Law in its performance of Services and exercise of any rights granted hereunder.
This indemnity under subsection 8.5.1(b) includes each of the following to the extent the same is caused
by unlawful release of Hazardous Substances in violation of applicable Environmental Laws:
(i) liability for a governmeContractor
of Hazardous Waste; (ii) damages to natural resources caused by release of Hazardous
Waste, including reasonable costs of assessing such damages; (iii) liability
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 release of Hazardous Waste. Provided, however,
such indemnification shall not extend to any portion of any claims, demands, liability, loss, cost, damage
aused by the willfully
tortious, or negligent acts or omissions of the City, its agents, employees, official, officers, contractors or
subcontractors.
8.5.2 Process
In the event any claim for such damages be presented to or filed with the City, the City shall promptly
notify Contractor thereof, and Contractor shall have the right, at its election and at its sole cost and
expense, to settle and compromise such claim. 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 defend such claim at is sole cost and expense and with legal counsel agreed to by the
City; provided, Contractor shall not settle any such suit or action without the express written agreement
by the City. The indemnification obligations set forth herein shall extend to claims which are not reduced
culmination of any litigation or the institution of any litigation. The City also has the right to defend or
participate in the defense of any such claim at its own cost and expense, provided that Contractor shall
not be liable for such settlement of other compromise unless it has consented thereto in writing.
The provisions contained herein have been mutually negotiated by the Parties. Solely to the extent
required to enforce the indemnification provisions of this Section 8.5.1, Contractor waives its immunity
under Title 51 RCW, Industrial Insurance; provided, however, the foregoing waiver shall not in any way
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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. Said indemnification obligations shall extend
to claims which are not reduced to a suit and any claims which may be compromised, with
prior written consent, prior to the culmination of any litigation or the institution of any litigation.
The provisions of this Section 8.5 shall survive the termination or expiration of this Contract.
8.6 Confidentiality of Information
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 documents Contractor-provided documents
that have been identified as confidential and proprietary, it shall promptly notify the Contractor in writing
regarding the public records request. The City will give the Contractor ten (10) business days after such
notification within which to obtain a court order prohibiting the release of the documents. The City
assumes no contractual obligation to enforce any exemption under the PRA.
8.7 Assignment of Contract
8.7.1 Assignment or Pledge of Money by the Contractor
The Contractor shall not assign or pledge any of the money due under this Contract without securing the
the City of such assignment or pledge together with a copy of the suretys
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 Cont
parent.
8.7.2 Assignment, Subcontracting, and Delegation of Duties
The Contractor shall not assign or subcontract any of the services provided under this Contractor delegate
any of its duties under this Contract without the prior written approval of the City, which may be granted
or withheld in sole discretion.
In the event of an assignment, subcontracting, or delegation of duties, the Contractor shall remain
responsible for the full and faithful performance of this Contract and the assignee, subcontractor, or other
obligor shall also become responsible to the City for the satisfactory performance of the 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
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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, Container decals, 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 performance fees 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 both as to interpretation and performance. Venue
shall be the County Superior Court.
8.9 Compliance with Applicable Laws and Regulations
The Contractor shall comply with all federal, State, and local regulations and ordinances applicable to the
work to be done under this Contract. Any violation of the provisions of this section shall be considered a
violation of a material provision of this Contract and shall be grounds for cancellation, termination, or
suspension of the Contract by the City, and may result in ineligibility for further work for the City.
The Contractor agrees not to discriminate against any employee or applicant for employment or any other
persons in the performance of this Contract because of race, religion, creed, color, national origin, marital
status, gender, age, disability, sexual orientation, gender identity, or other circumstances as may be
defined by federal, State, or local law or ordinance, except for a bona fide occupational qualification.
Without limiting the foregoing, Contractor agrees to comply with the provisions of the Affidavit of Equal
Opportunity & Title VI Compliance requirements incorporated herein by this reference. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices to
be provided by the Contractor setting forth the provisions of this nondiscrimination clause.
Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial
Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time-
to-time must be complied with, including ergonomic and repetitive motion requirements. The Contractor
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must indemnify and hold harmless the City from all damages, injuries or losses assessed for the
responsible for meeting all federal, State, and local 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 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, permit fees, operating fees, surcharges of any kind that apply to any and all persons,
facilities, property, income, equipment, materials
benefits.
8.11 Relationship of Parties
The City and Contractor intend that an independent contractor relationship shall be created by this
Contract. The implementation of services shall lie solely with the Contractor. No agent, employee, servant,
or representative of the Contractor shall be deemed to be an employee, agent, servant, or representative
of the City.
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 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
Term. The Contractor shall provide to the City a detailed list of all such
separate agreements with Customers upon 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.
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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, 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 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 additional services or developments, such as those identified through a pilot program
under Section 4.1.16, 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
or delayed by Acts of Nature, including but not limited to landslides, lightning, forest fires, storms, floods,
freezing and earthquakes, terrorism, civil disturbances, acts of the public enemy, wars, blockades, public
riots, explosions, pandemics, governmental restraint or other causes, whether of the kind enumerated or
otherwise, that are not reasonably within the control of the Contractor, and are not the result of the willful
or negligent act, error or omission of the Contractor; and that could not have been prevented by the
Contractor through the exercise of reasonable diligence
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 phone and e-mail, on or promptly after the
Force Majeure is first known, followed within seven (7) Days by a written description of the event and
cause thereof to the extent known; the date the event began, its estimated duration, the estimated time
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
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72
collection service in a manner similar to the notification required in the case of inclement weather under
Section 4.1.7.
8.16 Severability
If any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions of
the Contract shall remain in full force and effect.
8.17 Waiver
No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying
such waiver, and executed by the party against whom such waiver is sought to be enforced. A waiver by
either party of any of its rights under this Contract on any occasion shall not be a bar to the exercise of
the same right on any subsequent occasion or of any other right at any time.
Proposal, dated April 18, 2022 submitted in response to the City
is fully incorporated by this reference, including but not limited to collection vehicle types, Customer
S
proposal and all associated clarifications and supplemental proposal materials or attachments. In the case
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 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. In the event of litigation, the prevailing
party in the suit shall be entitled to attorney fees.
8.20 Entirety
This Contract and the exhibits affixed hereto and herein incorporated by reference represent the entire
agreement between the City and the Contractor with respect to the services to be provided under this
Contract. No prior written or oral statement or proposal shall alter any term or provision of this Contract.
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
RECOLOGY KING COUNTY, INC. CITY OF TUKWILA
By _________________________ By ______________________________
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73
City Manager
Approved as to Form:
By ______________________________
City Attorney
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EXHIBITS
EXHIBIT A: Service Area
EXHIBIT B: Contractor Rates
EXHIBIT C: Recyclables List
EXHIBIT D: Rate Modification Examples
City of Tukwila 1 August 2022
Exhibits
75
EXHIBIT A
Service Area
City of Tukwila 1 August 2022
Service Area
76
EXHIBIT B
Contractor Rates
City of Tukwila 1 August 2022
Contractor Rates
77
City of Tukwila 2 August 2022
Contractor Rates
78
City of Tukwila 3 August 2022
Contractor Rates
79
EXHIBIT C
Recyclable Materials to be Collected
Recyclable Item Customer Preparation Limitations
Instructions
Aluminum & Tin All food and Empty, clean, secure lids and place Food and beverage containers
beverage cans, trays, pie tins, and in Recycling Container. must be empty and clean.
food containers.
Corrugated Cardboard All Flatten corrugated cardboard boxes
corrugated cardboard boxes. and placed in or next to Recycling larger boxes shall be cut down
Container. to size.
Glass Containers All colored or clear Empty, clean, remove lids, and Food and beverage containers
glass jars and bottles. place in Recycling Container. must be empty and clean.
Paper All mixed paper, colored Place clean, dry paper in Recycling All paper must be clean.
paper, magazines, phone books, Container.
catalogues, and advertising
supplements.
Plastic Containers All colors of Empty, clean, remove lids, and Food and beverage containers
plastic bottles, jugs, and tubs. place in Recycling Container. must be empty and clean.
Plastic bottles, jugs, tubs or
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 Recycling Small items: Less than two feet
ferrous scrap metal. Free of wood, Container or secure (e.g. bundle or () by two feet () and thirty-
rubber, and other contaminants. box) next to Recycling Container. five (35) lbs. Less than five
Large items: Call to request pickup percent (5%) non-metal parts.
at least twenty-four (24) hours Large items: Larger than two
before regular service day. feet () by two feet (). Call to
request pick-up. Residential
only.
Used Motor Oil Pure motor oil. Seal uncontaminated motor oil (no Limit three (3) gallons per pick-
large solids) in clean, clear, screw-up and ten (10) gallons per
top plastic jugs. Label jugs with year. Residential only.
name and address and place next to
Recycling Cart.
Used Cooking Oil Pure liquid Seal uncontaminated cooking oil Limit three (3) gallons per pick-
cooking oil of all types (vegetable, (no large solids) in clean, clear, up and ten (10) gallons per
canola, etc.). screw-top plastic jugs. Label jugs year. Residential only.
with name and address and place
next to Recycling Cart.
City of Tukwila 1 August 2022
Recyclables List
80
EXHIBIT D
Rate Modification Examples
The Customer charges in Exhibit B shall be adjusted annually and are comprised of three separate
components: the Service component, Tipping Fee component, and Fixed Annual Charge component. The
Service component and Tipping Fee component shall produce the Customer rate and the Fixed Annual
Charge shall be listed separately. The Customer charges shall also be adjusted if there is a change to the
pursuant to Article 5 of the Contract.
Service component. The service component of the Customer charges shall be adjusted annually to reflect
of the rate.
Tipping Fee component. The Tipping Fee component of the Customer charges shall be adjusted by the
percentage increase or decrease in the County Tipping Fee. Any increase or decrease shall not become
effective until the new Tipping Fee becomes effective and are actually charged to the Contractor. The
component of the rate.
Fixed Annual Charge component. The Fixed Annual Charge component of the Customer charges shall be
applied to all regular Garbage services and Garbage Drop-b
Annual Charge is to be provided by the County to the City and Contractor no later than September 1st of
the year preceding in which the Fixed Annual Charge is to take effect. This new Fixed Annual Charge shall
be adjusted by adding or subtracting, as appropriate, any underpayment or overpayment collected from
Customers from the prior calendar year. This component shall be calculated annually as a proportion of
on the Administrative Fee is embedded in the Fixed Annual Charge component of the rate annually.
Formulas for adjustments of the service component, Tipping fee component, and Fixed Annual Charge
be made in units of one cent ($0.01).
For example, assuming that as of January 1, 2024, a 32/35-gallon Cart has a Customer rate of $21.24 per
month where $6.70 is the Tipping Fee component and $14.54 is the Service component. $1.13 is the Fixed
Annual Charge component including the Administrative Fee and excise tax on the Administrative Fee. The
current Tipping Fee is $135.64 and increases to $140.00 per ton starting on January 1, 2025. The new
County Fixed Annual Charge is $950,000 with $10,000 previously overpaid by Customers to the
Contractor. Currently there are 629,399 cubic yards of garbage calculated from current Customer counts.
The previous CPI is 100.0 and the new CPI is 105.0. The current City Administrative Fee is 6.0% and the
Washington State excise tax is 1.75%.
Symbol Current Customer Rate Description Example Calculation
$6.70
Current Tipping Fee Component of
TFC Customer Rate -
OLD
Current Service Component of Customer $14.54
SC Rate -
OLD
$21.24
CR Current Customer Rate = TFC + SC
OLDOLDOLD
City of Tukwila 1 August 2022
Rate Modification Examples
81
Symbol Tipping Fee Component Description Example Calculation
TF Current King County Garbage Tipping Fee $135.64 -
OLD
TF New King County Garbage Tipping Fee $140.00 -
NEW
TF Garbage Tipping Fee Adjustment 3.21% = (TF - TF) / TF
%NEWOLDOLD
Symbol Service Component Description Value Calculation
CPI Previous CPI 100.0 -
OLD
CPI Current CPI 105.0 -
NEW
CPI CPI Adjustment 5.0% = (CPI - CPI) / CPI
%NEWOLDOLD
Symbol New Customer Rate Description Example Calculation
New Tipping Fee Component of Customer
TFC Rate $6.91 = TFC * (1 + TF)
NEWOLD%
SC New Service Component of Customer Rate $15.26 = SC * (1 + CPI)
NEWOLD%
CR New Customer Rate $22.17 = TFC + SC
NEWNEWNEW
Symbol Fixed Annual Charge Description Example Calculation
FAC Current County Fixed Annual Charge (FAC) $927,523 FAC for Current Year
OLD
(Without Admin Fee or Excise Tax on
FAC Previous Aggregate FAC Components $937,523 Admin Fee)
AGG
FAC Overpayment/Underpayment from
FAC prior year $10,000 = FAC - FAC
O/UAGGOLD
FAC New County FAC $950,000 -
NEW
FAC New Target FAC $940,000 = FAC - FAC
TRGNEWO/U
Fixed Annual Charge Component
Symbol Description Example Calculation
Annual Garbage Container Volume (Cubic
GV Yards) 629,399 * 12
Monthly Target FAC per Cubic Yard of
Garbage (with Admin Fee and Excise Tax
FAC on Admin Fee) $1.58 = (FAC / GV) * (1 + FF + (FF * ET))
GVTRG
= (Monthly Garbage Container Volume)
FACC New Fixed Annual Charge Component $1.13 * FAC
NEWGV
Tax & Fee Elements Value Calculation
FF Current City Administrative Fee 6.0% -
ET Current Excise Tax 1.75% -
Based upon the calculations above, the new Customer rate as of January 1, 2025 for one 32/35-gallon Cart
is $22.17 per month where $6.91 is the Tipping Fee component and $15.26 is the service component. The
Fixed Annual Charge component is $1.13.
City of Tukwila 2 August 2022
Rate Modification Examples
82
INFORMATIONAL MEMORANDUM
TO:Transportation and InfrastructureServices Committee
FROM:,Public Works Director/ City Engineer
Hari Ponnekanti
BY:Mike Perfetti, Surface Water Sr. Program Manager
CC:Mayor Ekberg
DATE:
August 12, 2022
SUBJECT:Surface Water Fund
Duwamish Basin Stewardship
Interlocal Agreement
ISSUE
Toauthorize the mayor to sign an interlocal agreement supporting a new Duwamish Basin Steward
position.
BACKGROUND
sare a team of professionals knowledgeable about community and
natural resources in specific King County watersheds. They work with communities to steward natural
resources, protect,and restore habitat,and coordinate volunteer efforts.Community organizations have
long lobbied King County to create a steward position for the Duwamish River. Since this item was
presented to this committee on November 8, 2021,for discussion, the partners the cities of Tukwila
and Seattle, King County,and the Port of Seattle-have developed the attachedInterlocal Agreement
(ILA), which defines how decisions are made, cost share and other details related managing the
position.The ILA is in effect until December 31, 2026,andcan be extended by partner agreement.
DISCUSSION
The Duwamish Basin Steward willwork to develop and implement Chinook salmon habitat restoration
projects in the Duwamish River in coordination with local jurisdictions,tribes, landowners,agencies,
and non-profit partners. The position willsupport efforts to acquire property (fee or easement) and
restore shallow water rearing habitat, leveraging available funding to maximize the environmental
benefits.The steward willserve to coordinate partners and add to partner capacity toward common
goals, communicate to thepublic about salmon recovery, and serve as a point person for Duwamish
projects and planning efforts. The steward willwork to ensure the interests of underserved communities
within the Duwamish basin are represented in conservation and habitat restoration projects.
FISCAL IMPACT
Tof the Duwamish Basin Steward position,shown in Exhibit B of the ILA, is 12%.
$26,000.Costswill be adjusted annually for inflationusing the
Consumer Price Index.annual contributionwillbedeliveredfrom Surface WaterFunds.
RECOMMENDATION
Council is being asked to approve the ILA for Duwamish Basin Stewardship and consider this item on
the Consent Agenda at the August 22, 2022,SpecialCouncil Meeting.
Attachment:
Interlocal Agreement for Duwamish Basin Stewardship
https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2022 Agenda Items/TIC 08-15-22/2. Duwamish Steward ILA/Info Memo_Duwamish Steward
ILA_20220812.docx
83
INTERLOCAL AGREEMENT
For DuwamishBasinStewardship
PREAMBLE
THIS AGREEMENT
("Agreement") is entered into pursuant to Chapter 39.34 Revised
RCWbyKing County, The City of Seattlerepresented by Seattle Public
UtilitiesDepartment, the City of Tukwila, and the Port of Seattle (
collectively the Parties);
WHEREAS,
Chapter 39.34 RCW authorizes government entities to contract to perform any
governmental service, activity,or undertaking which each public agency entering into the contract
is authorized by law to perform;
WHEREAS,
Puget Sound Chinook salmon and bull trout were listed as threatened under
the Endangered Species Act (ESA) in 1999, the steelhead trout were listed as threatened under
ESA in 2007, and the Southern Resident Orca were listed as endangered in 2005;
WHEREAS
, the Parties recognize andrespect the present-day and historical importance
of the watershed and its resources to tribal culture, economy and customs;
WHEREAS,
the Parties recognize and value the present-day and historical connection of
its cities and unincorporated communities to the rivers, lakesand othernatural resources of the
watersheds;
WHEREAS
, the Parties are committed toensuring that communityinterests, particularly
Duwamish Service Area
those of the underserved communities,within the are represented in
conservation and habitat restoration actions;
WHEREAS
, the Parties recognize the need to support economic vitality and environmental
stewardship within and around the Duwamish valley industrial complex;
WHEREAS,
the Parties recognize their participation in the Green-Duwamish Watershed
Ecosystem Forum (WRIA 9 Forum) and efforts to implement the Green-Duwamish & Central
Puget Sound Salmon Recovery Plan (WRIA 9 Plan) and the applicable portions near Skyway of
theLake Washington/Cedar/Sammamish Watershed Chinook Salmon Conservation Plan (WRIA
8Plan) demonstrates a commitment to work proactively and cooperatively to address the ESA
listings;
WHEREAS,
the Partiesshare interests in and responsibility for addressing long-term
watershed planning and conservation for the Duwamish Sub-watershed andwithin the
Duwamish Service
unincorporated King County areas of North Highline and Skyway (jointly, the
Area
)for the purposes of implementing the WRIA 9 Plan and theapplicable portions near Skyway
ofWRIA 8Plan;
Duwamish Basin StewardshipILA 2022-2027
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84
WHEREAS,
the Parties recognize their participation in the efforts to implement the WRIA
8 and 9Plansdemonstrates a commitment to work proactivelyand cooperativelyto address the
ESA listings;
WHEREAS,
the Parties recognize achieving salmon recovery and watershed health goals
requires a commitment to, and acceleration of, the collaborative implementation of salmon and
watershed conservation actions;
WHEREAS,
the Parties recognize the value of stewardship or watershed stewards and
Duwamish Service Area
have a shared goal to bring stewardship capacity to the focused on land
conservationand habitat restoration, community engagement and partner coordination, as well as
impro
shorelines;
WHEREAS,
the Parties have aninterest in developing and implementing Chinook salmon
habitat restoration projects, conserving open space,and working with community organizations
andprivate businesses to promote creative solutions for stormwater management, floodplain
restoration, riparian restoration,climate adaptation, and other similar environmental activities in the
Duwamish Service Area
;
WHEREAS,
in addition to the salmon plans, numerous other studies and planning efforts
Duwamish Service Area
serve to inform stewardship in the , including, but not limited to,the
Duwamish Blueprint, WRIA 9; Re-Green the Green Revegetation Strategy, WRIA 9; Duwamish
Valley Action Plan, City of Seattle; Lower Duwamish Waterway Group efforts; Lower Duwamish
River Habitat Restoration Plan, Port of Seattle; Lower Duwamish River NRDA Restoration Plan,
NOAA; Our Green/Duwamish Implementation Plan; RainWise and stormwater retrofit efforts, King
County andCity of Seattle; North Highline (White Center) Subarea Plan, King County Local
Services; King County Land Conservation Initiative, Strategic Climate Action Plan, and the Clean
Water and Healthy Habitat Strategic Plan;
WHEREAS,
the Parties supportimplementation of the Puget Sound Partnership Action
Agenda to restore the health of the Puget Sound as it relates to salmon recovery and watershed
health;
WHEREAS,
the Port has a Century Agenda goal to create, restore or enhance forty
additional acres of habitat in the Green-Duwamish Watershed and Elliott Bay, as per the Motion of
the Port of Seattle Commission dated December 4, 2012, and also has a mitigation bank focused
on habitat restoration sites within King County; and
WHEREAS,
the Parties agreethat a dedicated position for a Duwamish Basin Steward will
Duwamish Service
support collaboration and advance restoration efforts with communities in the
Area
.
NOW, THEREFORE,
in exchange for the consideration described in this Agreement, the
Parties hereto do mutually covenant and agree as follows:
Duwamish Basin StewardshipILA 2022-2027
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85
MUTUAL CONVENANTS AND AGREEMENTS
DEFINITIONS.
1.For purposes of this Agreement, the following terms shall have the
meaning provided for below:
DUWAMISHBASINMANAGEMENT TEAM("DBMT)DBMT,
1.1: The created
herein, is the guiding body responsible fordirecting, coordinating, and adapting
Duwamish Service Area
stewardship actionsin the and is comprised of
designated representatives of eligible governments who have authorized the
execution of and become Parties to this Agreement.
DUWAMISH SERVICEAREA: Duwamish Service Area
1.2The is depicted in
Duwamish Service
Exhibit C, attached herein and incorporated by reference. The
Area
comprisesofthe Duwamish Sub-watershed,as defined in the WRIA 9 Plan,
as well as thetwounincorporated urban areasthat overlap in part with the
Duwamish Service Area
Duwamish Sub-watershed.To the west,the includesthe
North Highline unincorporated arealocated between Seattle and Burien, including
Duwamish Service Area
Glendale. To the east,the includes the Skyway
unincorporated area bounded by Seattle, Tukwila,and Renton, and extending to
Lake Washington to include Bryn Mawr,
PURPOSES.
2.The purposes of this Agreement include the following:
2.1This Agreement between King County and the other Parties to this Agreement
states the terms under which King County, through its Water and Land Resources
Duwamish Service Area
Division, will provide Basin Stewardship services in the .
Exhibit A
The services to be provided are described in ,attached to this Agreement
and incorporated herein and made a part hereof.
2.2To provide a mechanism for securing technical assistance and funding from
federalandstate agencies and other sources.
It is not the purpose or intent of this Agreement to create, supplant, preempt or
supersede the authority or role of any jurisdiction, governmental entity or natural resource
policy body.
EFFECTIVE DATE AND TERM.
3.This Agreement shall become effectiveonce it has been
authorized by the governing bodies of all Partiesand each Party has executed this
Agreement.Once effective, this Agreement shall remain in effect untilDecember 31, 2026;
provided, however, that this Agreement may be extended as the DBMT representativesof
Duwamish Basin StewardshipILA 2022-2027
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86
all Parties may agree to in writing, with suchextension being effective upon its execution
by each of the Parties. Such extension shall bind only those Parties executing the
extension.
DUWAMISH STEWARDSHIP MANAGEMENT
4.
DBMT
The Parties to this Agreement hereby establish a tomanage the Duwamish Basin
Stewardship program (Duwamish Program)for carrying out the purposes of this
Agreement.
4.1Each Party to this Agreement shall appoint one (1) representative to serve on the
DBMTDBMT
.representativesshould be authorized to makeprudent stewardship
and programmaticdecisions on behalf of the Parties.
DBMT
4.2The will meet at least four times percalendaryear, and more frequently if
DBMT
thedetermines it necessary, to review Duwamish Program workplan
progress, as well as partnerships that would benefit the Program, including
DBMT
potential funding.Each year, prior to October1,theshalldevelop a draft
DBMT
work program and budget for consideration by the for the following calendar
year.
4.3King County will perform day-to-day project management and direction and
DBMT
communicate with other participants as needed to conduct Duwamish
Programactivities.
DBMT
4.4King County will schedule, facilitate, and provide summaries of all meetings
to each Party during implementation of the Duwamish Program.
DBMT
4.5The willstrive to make decisionsunanimously, considering input from
subject matter experts when mutually agreed upon.Each participant agrees to use
its best efforts and exercise good faith in consensus decision-making. Ifunanimity
cannot be reached, decisions will be made bymajority constituted by no less than
DBMT
seventy-five (75) percentof the voting participants in the .Each Party to this
Agreement shall have one vote in those circumstances.
4.6If any dispute arises between the Parties related toprogram decisions, the Parties
agreeto seek to resolve the dispute informally through a meeting between a
designee of the respective Partiesbefore taking any actionincluding,but not
limited to,termination of this Agreement.
DBMT,
4.7King County, on behalf of themay contract with consultants, community
partner organizations, or any other entities for any lawful purpose related hereto.
DBMT
4.8The shall adopt rules and procedures that are consistent with its purposes
as stated herein and are necessary for its operation.
Duwamish Basin StewardshipILA 2022-2027
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87
OBLIGATIONS OF PARTIES; BUDGET; RULES
5..
5.1Each Party shall be responsible for meeting only its individual obligations
DBMT
hereunderandas established in the annual budget adopted by the under
DBMT
this Agreement, including all such obligations related to the funding,
technical support, and participation in related planning, and activities as set forth
herein. It is anticipated that separate actions by the legislative bodies of the Parties
will be necessary from time to time in order to carry out these obligations.
DBMT
5.2Theshall, by October 1 of each year, establish an annual budget that
provides for the level of funding and total resource obligations of the Parties for the
following calendar year. Such obligations are to be allocated on a proportional
Exhibit
basis in accordance with the initial allocation formula for 2022 set forth in
BExhibit B
. The data shall be updated by King County every year, with automatic
adjustments for inflation, based on the Consumer Price Index for Urban Wage
Earners and Clerical Workers(CPI-W).Ifan additional government becomes party
to this Agreement, theadditionalgovernment's initial cost share shall be
Exhibit B
determined jointly by the Parties and will be included in .Parties to this
Agreement may elect to secure grant funding to meet their individual obligations.
5.3By November 1 of each year, the Parties shall provide a status update on their
continued participation in this Agreementfor the followingyear.
DBMT
5.4The will work collaboratively to identify and secure additional, regular
funding for theDuwamish Basin Stewardposition, as described in Section 5.4.2
below,andthe Duwamish Program, and set priorities for which entity(ies) pursue
which grants for what purpose.The allocation of these funds to support the position
DBMT
and/or the work program shall be determined by the , subject to any
conditions attached to such funding.Parties to this Agreement may also elect to
secure grant funding to meet their individual obligations.
5.5King County shall:
Exhibit A
5.5.1provide services as described in ;
5.5.2Hire and maintain a full-timeDuwamish Basin Steward to lead delivery of
DBMT
services described in Exhibit A and assistthe ;
5.5.3work with representatives of theotherPartiesto coordinate provision of
ExhibitA
services, as described in ;
DBMT
5.5.4designate one representative to serve on the and participate in
DBMTDBMT
meetingsto carry out responsibilities in Section 4;
5.5.5maintain the budget established by the DBMT consistent with RCW 39.34;
and
Duwamish Basin StewardshipILA 2022-2027
Page 5
88
5.5.6paya portion of the costs associated with its delivery of services on a
Exhibit B
proportional basis, as described in .
5.6EachotherParty to this Agreement shall:
5.6.1work with King Countystaff to coordinate provision of services, as
Exhibit A
described in and as otherwise needed;
DBMT
5.6.2designate one representative to serve on the and participate in
DBMTDBMT
meetingsto carry out responsibilities in Section 4;and
Exhibit B
5.6.3pay for services as described belowand in .
DBMT
5.7The shalloversee the expenditure of budgeted funds and allocate the
utilization of resources contributed by each Party or obtained from other sources
in accordance with the approved annual work program.
DBMT
5.8Funds collected from the Parties or other sources on behalf of theshall be
maintained in a special fund by King County as ex officiotreasurer on behalf of the
DBMT,DBMT
pursuant to rules and procedures established and agreed to by the
and King County. Such rules and procedures shall set out billing practices and
collection procedures and any other procedures as may be necessary to provide
for its efficient administration and operation.
5.9Costs and Billing
Exhibit B
5.9.1Parties agree to paythe costsasset outin within sixty(60) days
of receipt of invoice.
5.9.2King County will bill the Parties for their shares of service costsfor the
current calendar yearon an annualbasisby no later than September 1st.
5.10Partiesmay inspect and shall provide access toall relevantrecordsthat are
maintained by the Parties and/or DBMTin connection with this Agreement.
6. LATECOMERS
. Governments located in King County,lying wholly or partially within the
Duwamish Service Area,which have not become a Party to this Agreement within twelve
(12) months of the effective date of this Agreement may become a Party by obtaining
DBMTDBMT
written consent of all participants of the . The participants of the and any
governments seeking to become a Party shall jointly determine the terms and conditions
under which the government may become a Party, which shall include payment by such
government toKing County,of the amountof moneysconstituting the
and proportionateshare of all prospective costs as determined by the Parties and set out
Exhibit B
in .Any government that becomes a Party pursuant to this section shall thereby
assume thesamegeneral rights and responsibilities as all other Parties to this Agreement,
DBMT
including participation in theas described in Section 5.
Duwamish Basin StewardshipILA 2022-2027
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89
7.Notice
Any notice required to be given under this Agreement will be directed to the Party at the
address below. Notice will be considered effective upon receipt or twenty-four hours after
mailing, whichever is earlier.
King County:The City of Seattle:
Department of Natural Resources and City of Seattle
ParksSeattle Public Utilities
Water and Land Resources DivisionGovernment Relations and Legislative
201 S. Jackson St., Suite 600AffairsDivision
Seattle, WA 98104P.O. Box 34018
Seattle, WA 98124-5177
Attn:Janne Kaje
Email:janne.kaje@kingcounty.govAttn: Martha Neuman
Email: Martha.neuman@seattle.gov
City of Tukwila:Port of Seattle:
Tukwila City AdministratorPort of Seattle
6200 Southcenter BoulevardMaritime Environment & Sustainability
Tukwila, WA 98188-2544PO Box 1209
Seattle, WA 98111
Attn: Mike Perfetti
Email: mike.perfetti@tukwilawa.govAttn: Kathleen Hurley
Email: Hurley.K@portseattle.org
8.TERMINATION
.Termination can only occur on an annual basis, beginning on January 1
of each calendar year, and then only if the terminating Party, through action of its governing
body, provides written notice of its intent to terminateat least forty-five (45) daysprior to
January 1.The terminating Party shall remain fully responsible for meeting all of its
obligations,underthis Agreement, through the end of the calendar year in which such
notice is given, together with any other costs that may have been incurred on behalf of
such terminating Party up to the effective date of such termination. The Parties choosing
not to exercise the right of termination shall each remain obligated to meet theirrespective
DBMTExhibit B
share of the obligations of the as reflected in .
This Agreement may be terminated in its entirety at any time by the written agreement of
all Parties.
9.HOLD HARMLESS AND INDEMNIFICATION
. To the extent permitted by stateand
federal law, and for the limited purposes set forth in this Agreement, each Party shall
protect, defend, hold harmless and indemnify the other Parties, their officers, elected
officials, agents and employees, while acting within the scope of their employment as such,
from and against any and all claims (including demands, suits, penalties, liabilities,
damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in
Duwamish Basin StewardshipILA 2022-2027
Page 7
90
any way resulting from such Party's own negligent acts or omissions related to such Party's
participation and obligations under this Agreement. Each Party to this Agreement agrees
that its obligations under this subsection extend to any claim, demand and/or cause of
action brought by or on behalf of any of its employees or agents. For this purposeonly,
each Party, by mutual negotiation, hereby waives, with respect to the other Parties only,
any immunity that would otherwise be available against such claims under the industrial
insurance act provisions of Title 51 RCW. In the event that any Party incurs any judgment,
award, and/or cost arising t
this Section,all such fees, expenses, and costs shall be recoverable from the responsible
lpability. The provisions of this Sectionshall survive
and continue to be applicable to Parties exercising the right of termination pursuant to
Section 8.
10.NO ASSUMPTION OF LIABILITY
. In no event do the Parties to this Agreement intend to
assume any responsibility, risk,or liability of any other Party to this Agreement or otherwise
,or liabilities under the ESA, or any other
act, statute, regulation, or ordinance of any local municipality or government, the State of
Washington, or the United States.
11.VOLUNTARY AGREEMENT
. This Agreement is voluntary and is acknowledged and
agreed that no Party is committing to adopt or implement any actions or recommendations
that may be contained in the WRIA 8 and 9 Plansor other plans that inform stewardship in
Duwamish Service Area
the.
12.NO PRECLUSION OF ACTIVITIES OR PROJECTS
. Nothing herein shall preclude any
one or more of the Parties from choosing or agreeing to fund or implement any work,
activities or projects associated with any of the purposes hereunder by separate agreement
or action, provided that any such decision or agreement shall not impose any funding,
participation,or other obligation of any kind on any Party to this Agreement which is not a
party to such decision or agreement.
13.NO THIRD PARTY RIGHTS.
Nothing contained in this Agreement is intended to, nor shall
it be construed to, create any rights in any third party, including without limitation the WRIA
8Salmon Recovery Council orWRIA 9Watershed Ecosystem Forum, National Oceanic
and Atmospheric Administration -Fisheries, United States Fish and Wildlife Service, any
agency or department of the United States, or, the State of Washington, or to form the
Duwamish Basin StewardshipILA 2022-2027
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91
DBMT
basis for any liability on the part of the or any of the Parties, or their officers, elected
officials, agents and employees, to any third party.
14.AMENDMENTS.
This Agreement may be amended, altered or clarified only by the
unanimous, writtenconsent of the Parties to this Agreement,and requires authorization
15.COUNTERPARTS
. This Agreement may be executed in counterparts.
16.APPROVAL BY PARTIES' GOVERNING BODIES
. This Agreement has been authorized
andapproved for execution by each Party's governing body.
17.ENTIRE AGREEMENT
. This Agreement contains the entire Agreement amongthe
Parties,and supersedes all prior negotiations, representations, and agreements,oral or
otherwise, regarding the specific termsof this Agreement.
IN WITNESS WHEREOF
, the Parties hereto have executed this Agreement on the dates
indicated below:
THE CITY OF SEATTLE:PORT OF SEATTLE
By:____________________By:______________________
Title:____________________Title:______________________
Date:____________________Date:______________________
KING COUNTYCITY OF TUKWILA
By:____________________By:______________________
Title:____________________Title:______________________
Date:____________________Date:______________________
Duwamish Basin StewardshipILA 2022-2027
Page 9
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93
- FINAL -
EXHIBIT B: 2022 Duwamish Steward Inter-local Agreement (ILA) Cost-share
Pursuant to section 5.3 of the ILA, the Duwamish Management Team shall, by October 1 of each year,
establish an annual budget that provides for the level of funding and total resource obligations of the
Parties for the following calendar year. Such obligations are to be allocated on a proportional basis in
accordance with the initial allocation formula for 2022 set forth in this Exhibit B. The base contribution
of each party shall be updated every year, with automatic adjustments for inflation, based on the
Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). When an additional
government becomes party to this Agreement, the government's initial cost share shall be determined
jointly by the Parties and will be included in Exhibit B.
In the event that external revenues are available to support the base budget, such revenues will offset
party cost-shares according to the base shares shown in Exhibit B, unless otherwise agreed upon by the
parties.
For 2022, WRIA 9 has agreed to make a one-time contribution of $25,000 to support the program. By
mutual agreement of the parties, the WRIA 9 contribution will be divided equally among King County
and Seattle only.
2022 Base Cost-share
ILA Party Cost-share Base share
King Co. $79,000 38%
Seattle $79,000 38%
Tukwila $26,000 12%
Port of Seattle $26,000 12%
Total $210,000 100%
2022 Adjusted Cost-share
External revenue Cost-share Adjusted share
WRIA 9 $25,000 12%
King Co. $66,500 32%
Seattle $66,500 32%
Tukwila $26,000 12%
Port of Seattle $26,000 12%
Total $210,000 100%
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94
95
96
INFORMATIONAL MEMORANDUM
TO:Transportation and Infrastructure Services Committee
FROM:Hari Ponnekanti, Public Works Director/ City Engineer
BY:Joshua Hopkins,Surface Water Project Manager
CC:Mayor Allan Ekberg
DATE:August12,2022,
SUBJECT:S.131 st Place Drainage Improvement Project
Project No. 91641204
EngineeringandDesign Consultant Selection and Agreement
ISSUE
Approve a contract with PACE Engineers to provide engineering and design services for the S 131 Place Drainage
st
Improvement Project in the amount of $371,610.00.
BACKGROUND
The S. 131 Place Drainage Improvement Project was established as a City CIP project in 2019. The primary goals of this
st
project are to address local flooding of roadway and adjacent private properties and address upstream issues that contribute
to flooding, water quality concerns and present fish barriers and habitat degradation. This contract will consist of two parts: 1)
Part A will be to develop a permitted design for a fish-passable culvert beneath S. 131 Place and associated stream and/or
st
roadway improvements that will improve stream flow, alleviate flooding, and eliminate barriers to fish migration; 2) Part B will
entail an assessment and analysis of the Southgate Creek basin for the purpose of identifying future surface water
improvement projects that will reduce downstream flooding, eliminate the need for regulated dredging activities, improve water
quality, reduce undesirable erosion, and improve stream flow alignments and/or conditions to benefit fish passage and habitat.
ANALYSIS
A Request for Proposals (RFP) for engineering and design services was advertised in the Daily Journal of Commerce and
Seattle Times. proposal was reviewed and scored according to predefined criteria by a selection committee.
proposal scored high among committee members. The City has contracted with PACE Engineers for engineering and
design services for numerous projects in the past with good results. Staff have had positive experience and continue to be
very satisfied with work.
FISCAL IMPACT
PACE has provided a cost estimate not to exceed $371,610.00 to perform engineering and design services for the S 131
st
Place Drainage Improvements Project. The project CIP design budget is $150,000.00 and the City has secured $120,083.00
in grant funding from the King County Flood Control District. If awarded, the remaining $101,527.00 could be funded by a
pending grant of $300,000.00 or the Surface Water (412) utility fund.
Cost EstimateFund Source2021-2023 Design Budget
Design Contract $ 371,610.00 Project CIP $ 150,000.00
Grant Funding 120,083.00
412 Fund/Grant 101,527.00
Total $ 371,610.00 $ 371,610.00
RECOMMENDATION
Council is being asked to approve a consultant agreement with PACE Engineers in the amount of $371,610.00 for engineering
and design services for the S. 131 Place Drainage Improvement project and consider this item on the Consent Agenda at the
st
August 22, 2022, Special Council Meeting.
Attachments:
2021 CIP, page 89
Consultant Agreement & Exhibits
97
98
2021 - 2026 Capital Improvement Program
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform _engineering and
design services in connection with the project titled _S. 131 St. Drainage Improvements_.
st
2. Scope of Services.
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending _December 31, 2023_, unless
sooner terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than _December 31, 2023_ unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
exceed _$371,610.00_ without express written modification of the Agreement signed by
the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
99
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
Automobile Liability insurance with a minimum combined single limit for bodily injury
1.
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover 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 contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop-gap independent contractors
and personal injury and advertising injury. The City shall be named as an
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
the State of Washington.
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CA revised May 2020
100
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision.
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance
shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
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 to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
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CA revised May 2020
101
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any such
from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
____Pace Engineers______________________
____11255 Kirkland Way, Suite 300__________
____Kirkland, WA 98033____________________
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
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CA revised May 2020
102
DATED this _________ day of ____________________________, 20_____.
CITY OF TUKWILA CONSULTANT
____________________________________ By: ___________________________________
Allan Ekberg, Mayor
Printed Name: Ken Nilsen, PE
Title: __Executive Vice President___________
Attest/Authenticated: Approved as to Form:
_________________________ ______________________________________
Office of the City Attorney
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CA revised May 2020
103
August 10, 2022
City of Tukwila
6300 Southcenter Boulevard, Suite 200
Tukwila, WA 98188
Attn: Joshua Hopkins, Surface Water Project Manager
Scope of Services
Professional Civil Engineering Services
South131stPlaceDrainage Improvement Project
Project Understanding
The City of Tukwila would like to improve the Southgate Creek crossing of South 131st Street, along with
a portion of the stream that is currently subject to routine flooding. The stream currently runs parallel to
South 131st Street in a dug channel which accumulates sediments and requires periodic dredging. The
existing culvert runs northwest beneath the roadway. The creek overtops South 131st Street during
storm events flooding the street and a private access road belonging to NorMed.
The project consists of two components to be worked on simultaneously. Part A is to develop a permitted
bid-ready design for a fish-passable culvert beneath South 131st St and associated stream and/or
roadway improvements that will improve stream flow, alleviate flooding, and eliminate barriers to fish
migration. Part B is an assessment and analysis of the Southgate Creek basin for the purpose of
determining hydrology and identifying future surface water improvement projects that will reduce
downstream flooding and sedimentation. The hydrologic modeling and stormwater analysis portion of
the Part B Basin Study will occur early in the project and will feed into the hydraulic modeling portion of
Part A. Sequencing the basin stormwater modeling prior to the other portion of the basin study will allow
for calibration of the model and develop a higher level of confidence in recreating the existing flow
conditions in Southgate Creek.
Scope of Work
A detailed proposal consisting of fifteen (14) tasks follows. This proposal includes necessary civil,
environmental, survey, structural, and geotechnical services through the design phase of this project.
Construction administration and bid assistance is not included in this scope of work and can be
reassessed at a later time based on the needs.
PACE will be the prime consultant for the entire Scope of Work and will oversee and administer all work
on the project. PACE will complete all civil and survey in-house and will subcontract with GeoEngineers
for geotechnical evaluations and permitting services.
Task 1 Project Management
PACE will provide administration and coordination for both Part A and part B of this project. The following
items are included in this task:
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South 131stPlace Drainage Improvement Project
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1.Regular biweekly coordination and update meetings will be held with the City via Teams. Major
design review meetings can be held in-person or remotely as required. The following major review
meetings are anticipated:
a)Conceptual Alternatives Design Review
b)30% Design Development Review
c)60% Design Development Review
d)90% Design Development Review
2.Review existing information provided by the City as-builts, maintenance records, etc.
3.Coordinate with subconsultants.
4.In-house project administration, scheduling, and direction of design team staff.
Task 2 Part A: Topographic Survey
PACE will provide a topographic stream and boundary survey showing all locatable utilities and surface
conditions, environmental constraints, right-of-way, and other relevant items along Southgate Creek and
at the South 131st Street crossing. Full stream and wetland survey will extend 300 feet downstream of the
existing South 131st Street crossing and upstream along both Southgate Creek tributary channels to South
133rd Street. A channel centerline survey will extend to down to Southgate Creek
Duwamish River including the SR 599 crossing, a private access road crossing, and the outlet tide gate.
The following items are included in this task:
a)Develop survey limits.
b)Research and confirm primary control points for use on the project.
c)Establish horizontal and vertical control work points along the route.
d)Survey the stream corridor locating surface improvements, types of material, and changes in
elevation.
e)All identifiable underground utilities will be surveyed along South 131st Street that will be impacted
by the culver replacement. Utility locations will be based on surface indications, radio frequency
locating and readily available maps from the service provider.
f)The rights of way and adjoining properties will be calculated from record information and
recovered monuments.
g)The survey/base map will be prepared in AutoCAD® 20
and lot lines, two-foot contours, and surveyed features. Other features from City GIS data (sensitive
areas, setbacks, etc. will may be included to augment the survey).
PACE will provide the City with AutoCAD® files, DEM, and pdf of the basemap.
Task 3 Part A: Conceptual Alternatives Design for Fish-Passable Crossing
Based on a site assessment and the topographic survey, PACE will prepare up to three conceptual
alternatives for the South 131st Street crossing and associated stream improvements for City review and
comment. The alternatives will present options and address the following items, as well as any specific
items requested by the City:
The need of property acquisition
The project extents and grading limits
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South 131stPlace Drainage Improvement Project
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Roadway impacts
The following items are included in this task:
a)Site visit to the South 131st Street crossing area to collect stream data
b)Preliminary layouts for the three conceptual designs
c)Pro/con list and high-level cost benefit for each alternative
Task 4 Part B: Basin Analysis and Stormwater Modelling
This task consists of a desktop analysis of Southgate Creek basin to establish runoff volumes of individual
sub-basin areas and existing flow paths leading to the South 131st St crossing. The task includes the
following items:
a)Review of all exiting stormwater infrastructure data in Southgate Creek basin including GIS data,
as-builts, past watershed reports.
b)Basin delineation using LiDAR and stormwater network data, the number and size of subbasins will
depend on the density of the flow paths and pipe network. All significant flow paths will be captured
in the stormwater model.
c)Landcover and impervious area will be delineated form publicly available datasets and aerial
imaging and combined with USDA NRCS soil data to calculate rainfall runoff modeling parameters.
d)A continuous simulation MGSFlood stormwater model will use the SEATAC long-term rainfall
record to calculate all statistical peak flow estimates (Q2 Q500)
e)Calibration of the MGSFlood will be based on the date of known storm events where flooding
occurred ie. roadway overtopping.
Task 5 Part A: Hydraulic Design Report and Schematic Design (30 % design)
After the preferred alternative and project extents are established, PACE will build an existing model &
proposed condition hydraulic model and write up a basis of design report to establish how the project will
mitigate flooding, meet fish passage requirements, and maintain structure resiliency. The Hydraulic
Design Report will cover coordination with WSDOT on SR 599 plans and how the proposed project will
function with future downstream improvements. Hydraulic modeling will be performed using the United
-2D computer program, a FEMA approved two-dimensional (2D)
hydraulic and sediment transport numerical model. Model results will inform multiple aspects of the
crossing design including the structure size, streambed design, and scour.
In conjunction with the report and modeling PACE will develop the 30% schematic design of the proposed
crossing. The task includes the following components.
a)Site assessment results
b)Existing geomorphology
c)Hydrology method and results
d)Existing and proposed modeling and analysis
e)WSDOT coordination
f)Channel and crossing designs
g)Streambed design
h)Restoration components
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South 131stPlace Drainage Improvement Project
Scope of Work
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i)Scour analysis
j)30% design sheets
Task 6 Part A: Geotechnical Evaluation
GeoEngineers will provide a geotechnical evaluation of the site. This evaluation will include up to two soil
borings to depths of 40 feet below existing ground surface in the vicinity of proposed crossing structure
and prepare a geotechnical design memorandum (see the attached Scope of Work from Geoengineers for
more details on the geotechnical evaluation).
Task 7 Part A: Design Development Plans (60% Plans, Specifications and Estimates)
Based on City comments on the 30% design, PACE will prepare Design Development Plans (60%) of the
South 131st Street crossing and included stream improvements. We will also prepare an outline of the
specifications and prepare an estimate of probable construction costs for City review and comment. This
work includes:
a)Design of the stream alignment
b)Design of the proposed channel geometry
c)Design of the roadway elevation and alignment
d)Design of any large wood or other restoration features
e)Outline of the proposed specifications using WSDOT format
f)Prepare budget-level construction cost estimate
Task 8 Part A: Easement Preparation and Acquisition
It is assumed that the project will require 3 permanent or temporary construction easements. PACE will
prepare, coordinate with impacted property owners for signature and record all successfully secured
easements. It is assumed that an appraisal is not required for this work and the City will secure any
required Title Reports. If more than 3-easements are required, PACE will utilize the Management Reserve
Fund as directed by the City.
Task 9 Part A: Permitting
GeoEngineers and PACE will coordinate with the required permitting agencies and prepare all necessary
permit applications. This task will be initiated as early as possible in the design process, based on the 60%
design plans. The City will initiate coordination with permitting agencies earlier in the project to establish
a relationship. The project is assumed to qualify for a streamlined permit process utilizing the Fish Habitat
Enhancement Hydraulic Project Approval (FHE-HPA) process. GeoEngineers will lead the baseline critical
areas assessment, environmental documentation, agency/tribal outreach and permit submittal processes.
GeoEngineers and PACE will collaborate on permit application materials, as outlined in the attached
Scope of Work from Geoengineers.
Task 10 Part A: Public Involvement
PACE will assist the City with a public outreach to solicit comments on the design if required. This includes
preparing materials for soliciting feedback from nearby and affected property owners. The task assumes
preparation and attending one community meeting if deemed necessary. The City will be responsible for
providing contact information for the businesses in the project vicinity. If a community meeting is held
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South 131stPlace Drainage Improvement Project
Scope of Work
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the City will be responsible for setting up the meeting time and location and notifying the businesses.
PACE will organize any feedback received and prepare a written summary.
Task 11 Part B: Basin Planning
Using data from the stormwater model and coordination with City staff PACE will identify problem areas
or areas of opportunity for improvement within the Southgate Creek Basin. PACE will conduct a site visit
to upstream areas to assess the potential and effectiveness of future surface water improvement projects
outside of the restoration proposed in Part A. Improvements will aim to
Improve water quality
Reduce any flooding that may be identified
Reduce undesirable erosion
Improve fish passage and habitat
Tasks Include:
a)Developing a list of potential treatments or solutions
b)Conduct a site visit to identified potential improvement locations
c)Preparing a Tech Memo summarizing the basin stormwater modeling results as well as proposed
improvements including a project description, sketch and preliminary cost estimate
Task 12 Part A: Construction Document Development (90% Plans, specifications and estimates)
PACE will provide construction level documents based upon City comments from the 60% plan review. At
this stage PACE will also develop complete project specifications utilizing contract documents and general
provisions from past City projects. Any specific technical specifications will be created as needed. PACE
anticipates the project will bid as one schedule and that the bid documents will be based on the most
recent Washington
. It is assumed that the review of these documents will be limited to two
reviews and two bid-r.
Task 13 - QA (Quality Assurance)
In order to assure that the final plans and specifications are complete, accurate and appropriate, PACE
will conduct a quality assurance review of the documents prior to each submittal to the City. The review
will consist of a complete sheet-by-sheet and contract document review to assure the City that the
documents meet the standard level of care of our industry.
Task 14 Management Reserve Fund
If directed by the City, PACE will provide services needed to assist the City with tasks related to this
project that were not specifically addressed in this scope of work. When requested by the City, PACE will
provide a scope and budget for the task identified by the City. PACE will not proceed with the task until
written authorization has been provided by the City.
PROJECT COSTS
The costs associated with the above-described work is shown on the attached spreadsheet.
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Schedule of Charges 2022
COMPENSATION
Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a
lump sum amount is so indicated in the proposal or services agreement. Current rates are:
Professional Staff
Staff 1 Scientist $ 126/hour
Staff 1 Engineer $ 134/hour
Staff 2 Scientist $ 145/hour
Staff 2 Engineer $ 152/hour
Staff 3 Scientist $ 166/hour
Staff 3 Engineer $ 173/hour
Scientist 1 $ 192/hour
Engineer 1 $ 199/hour
Scientist 2 $ 199/hour
Engineer 2 $ 203/hour
Senior Engineer/Scientist 1 $ 221/hour
Senior Engineer/Scientist 2 $ 243/hour
Associate $ 260/hour
Principal $ 280/hour
Senior Principal $ 299/hour
Technical Support Staff
Administrator 1 $ 92/hour
Administrator 2 $ 105/hour
Administrator 3 $ 120/hour
CAD Technician $ 115/hour
CAD Designer $ 135/hour
Senior CAD Designer $ 155/hour
GIS Analyst $ 145/hour
Senior GIS Analyst $ 160/hour
GIS Coordinator $ 180/hour
*Technician $ 99/hour
*Senior Technician $ 119/hour
*Lead Technician $ 127/hour
*Hours in excess of 8 hours in a day or 40 hours in a week will be charged at one and one-half times the hourly rates listed above.
Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff time spent in
depositions, trial preparation and court or hearing testimony will be billed at one and one-half times the above rates. Time spent in
either local or inter-city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoing schedule.
A surcharge may be applied to night and weekend work. See proposal for details.
Rates for data storage and web-based access will be provided on a project-specific basis.
Schedule_Redmond-Seattle-Tacoma - 2022
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Redmond-Seattle-Tacoma Schedule of Charges | 2022 Page 2 of 2
Equipment
Air Sparging Field Test, per day $ 100.00
Air/Vapor Monitoring Equipment (PID, 5-Gas Meter), per day$100.00
Asbestos Sample Kit $ 25.00
Blastmate, per day $ 100.00
D&M Sampler, per day $ 80.00
DO (Dissolved Oxygen) Kit $ 20.00
Dynamic Cone Penetrometer, per day $ 40.00
E-Tape (Electric Tape), per day $ 25.00
Field Data Acquisition Equipment $ 50.00
Field Gear / Reconnaissance, per day $ 50.00
Gas Detection Meters, per day $ 100.00
Generator, per day $ 100.00
Groundwater Pressure Transducer w/ Datalogger, per day $ 50.00
Groundwater Pressure Transducer w/ Datalogger, per week $ 200.00
Hand Auger, per day $ 20.00
Inclinometer Probe, per day, 1/2 day minimum $ 200.00
Interface Probe, per day $ 50.00
Iron Test Kit $ 20.00
Laser Level, per day $ 50.00
Low Flow Groundwater Sampling Equipment, per day $ 225.00
Multiparameter Water Quality Meter, per day $ 80.00
Nuclear Density Gage, per hour, 1/2 day minimum $ 10.00
Peristaltic Pump, per day $ 50.00
pH Probe, per day $ 15.00
PID, FID or OVA, per day $ 100.00
Saximeter, per day $ 50.00
Scuba Diving Gear, per day/per diver $ 250.00
Shallow Soil Exploration Equipment, per day $ 50.00
Soil Field Screening Equipment, per day $ 15.00
Soil Sample Kit $ 15.00
Steam Flow Meter, per day $ 15.00
Strain Gauge Readout Equipment, per day $ 50.00
Surface Water Flow Meter, per day, 1/2 day minimum $ 50.00
Surface Water Quality Monitoring Equipment, per day $ 50.00
Turbidity Meter, per day $ 30.00
Vehicle usage, per mile, or $30/half-day, whichever is greater $ 0.65
Specialized and miscellaneous field equipment, at current rates, list available upon request.
OTHER SERVICES, SUPPLIES AND SPECIAL TAXES
Charges for services, equipment, supplies and facilities not furnished in accordance with the above schedule, and any unusual
items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shipping
charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling
equipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Taxes required by local
jurisdictions for projects in specific geographic areas will be charged to projects at direct cost.
Per diem may be charged in lieu of subsistence and lodging.
Routinely used field supplies stocked in-house by GeoEngineers, at current rates, list available upon request.
In-house testing for geotechnical soil characteristics at current rates, list available upon request.
Associated Project Costs (APC)
Computer hardware and software, telephone and fax communications, printing and photocopying and routine postage via USPS
will be charged at a flat rate of 6 percent of labor charges. These charges are labeled as Associated Project Costs (APC).
All rates are subject to change upon notification.
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Laboratory Schedule of Charges 2022
Type of Test Unit Price
Soil Index and Classification Tests
Soil Description (ASTM D 2488) $ 16
Moisture Content
Oven (ASTM D 2216) $ 22
Moisture/Density (ASTM D 7263, D 2937)
Rings $ 40
Shelby Tubes, waxed chunk $ 50
Tubes (liners), chunk $ 50
Particle Size Analysis
Percent Passing No. 200 (ASTM D 1140) $ 100
Sieve (ASTM D 422, D 6913, C 136 includes minus 200 Wash, Dry Sieve) $ 140
Gravel Sieve (ASTM D 422, D 6913, C 136 includes minus 200 Wash, Dry Sieve) $ 210
Hydrometer Only (ASTM D 422, minus #10 fraction) $ 170
Combined Sieve and Hydrometer (ASTM D 422-63) $ 270
Combined Gravel Sieve and Hydrometer (ASTM D 422-63) $ 340
Organic Content (ASTM D 2974) $ 80
Specific Gravity (ASTM D 854) $ 90
Atterberg Limits (ASTM D 4318) $ 200
Organic $ 105
Porosity (includes Moisture Content, Dry Density, and Specific Gravity) (ASTM D 7263) $ 130
Compaction (ASTM D 698/D 1557, AASHTO T 99/T 180, Methods A, B and C)
Granular/Cohesive (1 Point) $ 120
Granular (4 Point) $ 290
Cohesive (4 Point) $ 310
Shrinkage Factors of Soils by Wax Method (ASTM D 4943) $ 70
Strength and Consolidation Tests
Triaxial Compression
Unconfined Comp. Strength UCS (ASTM D 2166) $ 130
Unconsolidated Undrained UU (ASTM D 2850) $ 250
Unconsolidated Undrained (back pressure saturation) $ 480
Consolidated Undrained CU (ASTM D 4767) with pore pressure measurement $ 600
Consolidated Drained CD (Army Corps of Engineers EM 1110-2-1906 Appendix X) $ 650
Consolidated Undrained or Consolidated Drained (3 points, staged) $ 1,500
Consolidation (ASTM D 2435) $ 650
With Reload $ 725
With Reload and Unload $ 800
Additional timed load increments, each $ 75
Constant Rate of Strain Consolidation (ASTM D 4186) $ 675
One-Dimensional Swell (ASTM D 4546)
Method A $ 1,200
Method B $ 450
Method C $ 650
CBR, 1 point with Proctor (ASTM D 1883) $ 500
Additional points, each $ 150
Corrosion Tests
Soil Resistivity (ASTM G 187) $ 70
pH of Soil (ASTM D 4972 / G 51) $ 45
Soluble Sulfates (US EPA 375.4) $ 55
Sulfides $ 50
Ductile Iron Pipe Research Association 10 Point Soil Evaluation Procedure
(ANSI/ANSW C105/A21.5). Includes evaluation of resistivity, pH, Redox potential, sulfides and $ 180
moisture)
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Redmond-Seattle-Tacoma-Portland - Inside Laboratory Schedule of Charges | 2022 Page 2 of 2
Type of Test Unit Price
Permeability Tests
In triaxial cell with back pressure saturation (ASTM D 5084) $ 700
Soil Sample Preparation
Extrusion Extrude and log (visual classification) Shelby tube sample $ 65
Remolding Remolding a soil sample to desired moisture and density $ Hourly
Soil
Hourly -
$
negotiated
Cement/Lime Treatment
Aggregate and Rock Tests
Specific Gravity, Fine/Coarse Aggregate (ASTM C 127, C 128) $ 75/120
Point Load Test or Rock Core (ASTM D5731) $ 75
*Please contact us regarding test procedures which are not listed or for tests on contaminated soils. Negotiated unit rates or hourly
rates will be charged for these procedures.
**Not WABO-certified.
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INFORMATIONAL MEMORANDUM
Transportation and Infrastructure Services Committee
TO:
Hari Ponnekanti, Public Works Director/City Engineer
FROM:
Adib Altallal, Utilities Engineer
BY:
Mayor Allan Ekberg
CC:
August12, 2022
DATE:
Macadam Rd S Water Upgrade& Sidewalk Improvements Project
SUBJECT:
Project No. 90440105
ConstructionContract 22-015,Amendment 1
ISSUE
Approve Amendment No. 1 to Contract No. 22-015 with Laser Underground & Earthworks, Inc. for construction of the
Macadam Rd S Water Upgrade and Sidewalk Improvements Project.
BACKGROUND
On January 24, 2022, Council approved the contract with Laser Underground & Earthworks, Inc to complete construction for
the Macadam Rd S Water Upgrade and Sidewalk Improvements Project. The project implemented water, street, and sidewalk
upgrades simultaneously, reducing construction time along Macadam Road South and providing a multitude of benefits to
residents. Benefits of the project included 1) upsizing and looping the water main to provide cleaner and better tasting water;
2) repaving and filling portholes to improve safety, create a smoother ride, and extend the life of the street; 3) creating a
seamless sidewalk network and upgrading crosswalks to create a safe and ADA accessible connection from Southcenter
Boulevard to S 144 street; and 4) increased the number of fire hydrants along Macadam Road South to improve fire flow for
th
loving the sidewalk improvements happening south of 144th down to Southcent
DISCUSSION
Project construction costs incurred in July have resulted in a shortfall up to $300,000. The following items contributed to the
overruns:
Flagging (Safety)
The project bid included costs for two flaggers, which was anticipated to total approximately 1,000 hours for the duration of the
project. Due to the heavier-than-expected traffic flow from apartment driveways along Macadam Rd, additional flaggers were
additional 2,025 hours$162,000
dispatched for safety reasons during July, resulting in an and extra costs of .
Alternate Schedule
Construction projects always include a base bid, and can include an alternative schedule, which is extra work that the City can
elect to do on top of a base bid. Typically, both items are awarded together during the bid award phase. For this project, the
1,984,474.81 included both the base bid and alternative
schedule, however, it only included the base bid costs. As a result, the base bid and alternative schedule scope language was
included in the contract without the additional budget needed for the alternative schedule. This mistake was not identified until
mid-July, when then the alternative schedule work took place. At that time, staff became aware of the potential overruns, but
Since the funds for the alternate
schedule were never requested from or authorized by Council, the entire schedule is currently treated as an overrun of
$67,166.15
in the project budget.
Out of Scope Work
The last main component that resulted in overruns was due to out of scope work completed by the contractor. The portion of
Macadam Road between S 152 Street and Southcenter Boulevard, under the Alternate Schedule mentioned above, included
nd
grinding and paving only the east side of Macadam Road (northbound lane). During the grinding process, which took place in
122
mid-July, the subcontractor misunderstood of the limits and grinded the full width of Macadam all the way to Southcenter
Boulevard. At that point, not paving the portion of grinded road was not a feasible option.
The total cost was approximately $90,000 for the extra grinding and paving that was done out of scope. After a few rounds of
negotiation with the contractor, a potential resolution was reached; in which, the contractor will pay for the entire cost of the
grinding, and the cost of paving will be split approximately evenly between the contractor and the City, the City of pay
$43,792.00
will be and benefit by newly paved road for a price well below market value.
FINANCIAL IMPACT
The construction associated with the Macadam Water Upgrade is funded through the Macadam Water Upgrade CIP, including
savings from design and construction management. The construction bid award also included costs for the sidewalk
improvements which were funded by a Transportation Improvement Board grant and general funds from the Macadam Rd
Complete Streets project. An additional $300,000 is needed to pay for the project overruns which can be funded from the
water enterprise fund.
Cost Estimate Fund Source 2021-2023 Construction Budget
Macadam Road CIP $ 1,800,000.00
Original Contract $1,984,474.81 TIB Grant 320,000.00
Contingency 10% 198,447.49 General Fund 80,000.00
Overruns 300,000.00
Water Fund (for overruns) 300,000.00
Total $2,482,922.30 $ 2,500,000.00
RECOMMENDATION
Council is being asked to approve Amendment No. 1 to Contract 22-015 with Laser Underground & Earthworks, Inc. in the
amount of $300,000.00 for the Macadam Rd S Water Upgrade and Sidewalk Improvements Project and consider this item on
the Consent Agenda at the August 22, 2022 Special Meeting.
Attachments: Project Photos
2021 CIP, Pages 5 & 61
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Project Photos
Macadam Road S./Southcenter Blvd. intersection before construction
Macadam Road S./Southcenter Blvd. intersection after construction
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Macadam Road S. sidewalks during construction
Macadam Road S. looking south after construction Macadam Road S. looking north after construction
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2023to2028
PROJECT:Macadam Rd South Complete Street
Project No.91710302
Construction of a complete street design for Macadam Rd South between South 144th St and S 150th St.
The project will require roadway widening and re-channelization to add 5-foot bike lanes and 5-foot sidewalks
DESCRIPTION:
on both sides of the roadway, and includes illumination, curb, and storm drainage.
Enhance safety for students walking to Foster High School and Showalter Middle School and encourages
JUSTIFICATION:
transportation choices for the neighborhood.
STATUS:
New sidewalk and pavement will need to be maintained.
MAINT. IMPACT:
WSDOT Pedestrian/Bicycle grant submitted in April 2018, but unsuccessful. Match will be the Water
COMMENT:
Improvements. Apply for same grant in 2020 for design and 2022 for construction.
FINANCIALThroughEstimated
(in $000's)
20212022202320242025202620272028BEYONDTOTAL
EXPENSES
Design400400
Land (R/W)100100
Const . Mgmt.400400
Construction2,7002,700
TOTAL EXPENSES0005003,10000003,600
FUND SOURCES
Awarded Grant0
Proposed Grant4502,8003,250
Mitigation Actual0
Mitigation Expected0
City Oper. Revenue000503000000350
TOTAL SOURCES0005003,10000003,600
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5
2021 - 2026 Capital Improvement Program
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2021to2026
PROJECT:Macadam Rd S Water Upgrade
Project No.90440105
Design and construct 4,300 LF of 10" waterline in Macadam Rd S from S 144th St to Southcenter Blvd.
DESCRIPTION:
Improve fire flow water quality to the north side of Tukwila Hill.
JUSTIFICATION:
STATUS:Project now scheduled for 2021/2022.
The new waterline will eliminate maintenance time for flushing the dead end line while increasing service
MAINT. IMPACT:
reliability.
COMMENT:Pedestrian/Bicycle Program grant for sidewalks unsuccessful in 2018, with water funds used as a match.
FINANCIALThroughEstimated
(in $000's)
20192020202120222023202420252026BEYONDTOTAL
EXPENSES
Design681005050268
Land (R/W)0
Const. Mgmt.25050300600
Construction3003009501,550
TOTAL EXPENSES6806504001,30000002,418
FUND SOURCES
Awarded Grant0
Proposed Grant0
Mitigation Actual0
Mitigation Expected0
Utility Revenue6806504001,30000002,418
TOTAL SOURCES6806504001,30000002,418
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61
2021 - 2026 Capital Improvement Program