HomeMy WebLinkAbout2022-04-18 - Request for Proposals - Solid Waste, Recycling and Yard WasteCITY OF TUKWILA REQUEST FOR PROPOSALS (RFP)
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Due Monday, April 18, 2022 by 5:00 p.m. Pacific Daylight Time (PDT)
The City of Tukwila ("City") is soliciting Proposals from qualified firms for solid waste collection
services. These services include: residential and commercial garbage, recycling and
compostables collection, and the processing and marketing of collected recyclables and
compostables. The initial contract term will be for ten years, from November 1, 2023 to October
31, 2033, with a City option for one additional two-year extension.
Please review the full RFP following this notice
Interested firms must mail or hand deliver seven (7) copies of their proposal to:
Hari Ponnekanti
City of Tukwila Public Works Department
6300 Southcenter Boulevard, Suite 200
Tukwila, Washington 98188
Seven (7) bound copies of the Proposal shall be received no later than 5:00 p.m. PDT on April
18, 2022. No submittal will be accepted after this date and time. The City will not be liable for
delays in delivery of proposals due to handling by the US Postal Service or any other type of
delivery service. Faxed or emailed submittals will not be accepted. Please refence the RFP title
on all communication and mailing labels. Any questions regarding this project should be
directed to Hari Ponnekanti, Public Works Director at r.. E.p,rnn rn i TukwUaWA.gov.. Only
email inquiries will be accepted.
Submittals may be mailed to the above address or hand -delivered to Tukwila City Hall, 6200
Southcenter Blvd, Tukwila, on Monday or Wednesday from 8:30 a.m. to Noon PST, contingent
on current public health guidelines. City facilities are NOT open to accept hand delivered
proposals by staff except during this time period. The entrance is near the flagpole. There is
also a drop box at the entrance doors to City Hall 24 hours a day, however, it may not be large
enough to handle the proposals. Please plan accordingly to meet the deadline.
Published Seattle Times — February 7, 2022
Published Daily Journal of Commerce — February 7, 2022
City of Tukwila
Request for Proposals
COMPREHENSIVE
GARBAGE, RECYCLABLES, AND
COMPOSTABLES COLLECTION SERVICES
February 2022
REQUEST FOR PROPOSALS
City of Tukwila - Request for Proposals
Comprehensive Garbage, Recyclables, and Compostables Collection and
Disposal/Marketing Services
Table of Contents
SECTION 1: INFORMATION FOR PROPOSERS 1
1.1 INTRODUCTION 1
1.2 EXISTING COLLECTION SYSTEM 2
1.3 GENERAL TERMS 4
1.3.1 General Scope of the New Contract; Base Proposal 4
1.3.2. Alternatives 4
SECTION 2: INSTRUCTIONS TO PROPOSERS 4
2.1 DEFINEDTERMS 5
2.2 CITY CONTACT AND COPIES OF PROPOSAL DOCUMENTS 6
2.3 EXAMINATION OF PROPOSAL DOCUMENTS 6
2.4 INTERPRETATIONS, SCHEDULE AND ADDENDA 8
2.5 PROPOSAL SECURITY BOND 9
2.6 CITY INVESTIGATIONS AND PROCESS DECISIONS 9
2.7 PROPOSALS 10
2.8 PREPARATION OF PROPOSAL FORMS 11
2.9 SUBMISSION OF PROPOSALS 11
2.10 MODIFICATION OR WITHDRAWAL OF PROPOSALS 11
2.10.1. Process 12
2.11 PROPOSAL EVALUATION 12
2.11.1 Evaluation Criteria 12
2.11.2 Process 13
2.12 SERVICES START DATE 13
2.13 PUBLIC DOCUMENTS AND DISCLOSURE 14
2.14 DISCLAIMER OF PROPOSER COSTS 14
2.15 INSTRUCTIONS FOR SUBMITTING A RESPONSIVE PROPOSAL 14
2.15.1 Obtain Proposal Documents 14
2.15.2 Conduct Investigation Deemed Necessary 14
2.15.3 Submit Responsive Proposal 14
2.16 PROCESS INTEGRITY REQUIREMENTS 15
SECTION 3: PROPOSAL INSTRUCTIONS AND FORMS 16
3.1 PROPOSAL PREPARATION GUIDELINES AND FORMAT 16
A. Executive Summary 16
8. Management and Qualifications 17
B.1 Proposer 17
B.2 Resumes 17
City of Tukwila Request for Proposals
PAGE ii February, 2022
B.3 Litigation and Violations 17
B.4 Subcontractors 18
B.5 Experience 18
C. Collection and Management Operations 18
C.1 Garbage, Recycling, Compostables, and Litter Collection and Handling 18
C.2 Billing Support and Customer Service Support 20
C.3 Transition and Implementation Plan 21
D. Implementation and Public Information 21
E. Base Contract Modifications 22
3.2 PROPOSAL FORMS 23
Form 1— Cover Sheet and General Information
Form 2 — Price Proposal Instructions
Form 3 — Contractor's Proposal Deposit Surety Bond
Form 4 — Identification of Performance Security
Form 5 — Certification of Proposal — Declaration and Understanding
SECTION 4: APPENDICES
Appendix A: Base Draft Contract
Appendix B: Supporting Data
B.1 2022 Customer Rates
B.2 Service at City Facilities
B.3 2019-2021 Tonnage by Line of Business
Appendix C: Form 2 — Excel File
Appendix D: Industry Review Comments and Responses
City of Tukwila Request for Proposals
PAGE ii February, 2022
SECTION 1: INFORMATION FOR PROPOSERS
1.1 INTRODUCTION
The City of Tukwila (the "City") is requesting Proposals from qualified firms for solid waste
collection services within the City Service Area (See Attachment A). The City Service Area
encompasses the entire city except for one small annexation area served by Republic Services.
These services include: residential and commercial garbage; recycling and compostables
collection; and the processing and marketing of collected recycling and compostables. The
contract term will be ten (10) years with one 2 -year extension.
The City currently contracts with Waste Management of Washington, Inc. (WMI). The original 7 -
year term of the existing contract expired December 31, 2019, and the City has exercised both of
its 2 -year extensions, which will run through October 31, 2023.
The City is seeking a continuation of most existing solid waste collection system components
under one contract along with substantial upgrades, including updates to contract language and
service standards as described in the attached draft Base Contract. The City also seeks proposed
costs for several alternatives, as listed in the Request for Proposals (RFP) Section 1.3.2.
The RFP process is described in detail in Section 2. Proposers shall submit their proposal, based
on the attached Base Contract (in Section 4); with the costs of alternatives separately identified
on the specified rate proposal forms.
Defined terms in this RFP, as provided below in Section 2.1, are generally capitalized and are
applicable to the singular and plural, or masculine or feminine.
This RFP is organized into four sections:
Section 1: Background for Proposers provides information regarding the City's current solid
waste handling system (the "System"), and generally describes the existing and new services the
City wishes to be performed by the Contractor, according to the terms of the new Base Contract.
Section 2: Instructions for Proposers describes the procurement process, including instructions
for submitting a responsive Proposal and the procedures the City will follow in choosing the
highest rated proposed contractor or "Selected Proposer."
Section 3: Proposal Forms includes the questions that must be answered and the forms that must
be completed for a Proposal to be considered responsive to the RFP.
Section 4: Appendices include: (A) the Base Contract for the System and City Service Area map
that will be entered into by the City and the Contractor, potentially subject to revisions during
finalization as described in this RFP. The Base Proposal shall reflect the Base Contract and may
be revised during Contract finalization to incorporate any alternatives, proposed contract
City of Tukwila Request for Proposals 1 February 2022
modification, or other changes selected by the City; (B) data regarding the City's current solid
waste collection services; (C) RFP Form 2; and (D) Industry Review comments and responses.
1.2 EXISTING COLLECTION SYSTEM
This section generally describes the existing solid waste collection system operated under the
current contract. Carefully review the draft Base Contract (Appendix A) to determine the scope
of operations envisioned under the new Contract.
The City of Tukwila's daytime population is approximately 150,000, with a nighttime (residential)
population of approximately 21,000 in a mix of single-family and multifamily land uses.
Appendix B includes year-to-date collection data provided by WMI, including tonnages by
material stream and customer sector. The City has performed no verification of this reported
data.
Appendix B also includes 2022 rates for its current service provider, WMI. Per TMC 22, garbage
collection is not mandatory in the City of Tukwila.
Single -Family Collection
Single -Family residences are provided weekly collection of garbage. Recycling is provided to all
garbage subscribers every -other -week with contractor -provided carts. Every -other -week
compostables collection is subscription -based at additional charge, with current reported
subscription rates indicated in the Contractor reporting provided on the RFP Form 2 provided as
Appendix C.
Additional information about current service may be obtained from WMI's website at:
httpsliwww,wmnorthwestcomitukwHafindex,htmL
Multifamily Collection
Multifamily residences are currently defined as all sites with multiple attached or unattached
dwellings billed collectively for collection service. Multifamily residences are provided with cart
or commercial -style garbage services as well as a recycling program that generally accepts the
same materials handled by the single-family recycling program, except for motor oil and cooking
oil collection. Multifamily recycling collection is provided using both carts and/or detachable
containers. Multifamily recycling services are provided to all customers at no additional charge,
with the costs included in garbage collection fees.
Commercial Collection
City of Tukwila Request for Proposals 2 February 2022
Commercial garbage collection is provided using contractor -owned carts, detachable containers
and/or drop -boxes, as well as some customer -owned containers. A range of sizes and collection
frequencies are available.
The City currently provides recycling up to 150% of a commercial customer's garbage subscription
level. Additional recycling containers may be obtained by customers from the City's contractor
or any other private business.
Containers
The City's current contract includes provisions allowing the City to assume ownership of recycling
and compostables carts at the end of the contract at no additional cost, as well as a buy-out
provision for other in-place containers at 50% of their average new purchase cost. The buy-out
value for existing containers as of January 2022 is estimated by WMI to be $2.13 million.
The Proposer's base proposal shall be based on the use of existing in-place carts. The original
cart distribution under the current contract consisted of Toter -brand carts, while replacement
carts provided by the WM over the past few years have been Cascade -brand carts. Proponents
may make their own decision on whether to purchase and re-label/repaint the existing
detachable and drop -box containers at the listed rate or start with new containers meeting draft
base contract specifications.
Disposal
All collected garbage shall continue to be delivered to the King County Disposal System per the
City/County Interlocal Agreement.
Administration
City staff administers the collection contract, coordinates with state, regional and local agencies,
develops and administers solid waste policy, and coordinates waste reduction and recycling
outreach within the City.
The solid waste collection contractor is responsible for ensuring safe, efficient, and responsive
solid waste collection services. In addition, the contractor provides all customer service and
billing, produces and distributes public information about recycling, collection schedule changes
(such as holiday hours), and promotes new collection services.
RFP Form 2 provides a listing of service levels and customer counts (where available). These
customer counts are believed to be accurate, but have not been independently confirmed by the
City. Proponents are encouraged to perform their own investigation to confirm that the
customer counts are reasonable for the purposes of preparing their Proposal.
City of Tukwila Request for Proposals 3 February 2022
1.3 GENERAL TERMS
1.3.1 General Scope of the New Contract; Base Proposal
The City is requesting Proposals from qualified Proposers for solid waste collection services
within the Service Area. These Services include: garbage, recyclables and compostables
collection for all sectors; the disposal of all garbage through the King County Disposal System;
and the processing and marketing of collected recycling and compostables.
The Contractor selected through this RFP process shall be responsible for all aspects of the
contracted -for Services, including but not limited to providing equipment, labor, supervision, and
supplies necessary to perform the Services. The Contractor shall be responsible for providing
carts, detachable containers, and drop -boxes necessary for all collection Services to customers
in the Service Area. In addition, the selected Contractor shall produce and distribute public
information about recycling, collection schedule changes (such as holiday hours) and the
promotion of new collection Services. Although the Contractor will have primary responsibility
for all customer materials (subject to City review), the City may (on occasion) choose to develop
some materials for the Contractor to print and distribute to customers.
The Contractor shall be responsible for providing all customer service functions relating to service
delivery including informing customers of potential service levels and charges, receiving and
resolving customer complaints, dispatching drop -box container pick-ups and special collections,
and directly billing all residential and commercial customers.
The City intends to procure the Services required as part of the Base Proposal for the collection
system and other Services as described in the Base Contract. Proposers responding to this RFP
shall provide Proposals that meet the requirements of this RFP, including the Base Proposal
requirements as set forth in the Base Contract, attached to this RFP as Appendix A. The
description set forth in this RFP Section 1.3.1 is a general overview and summary of the City's
requested Services and shall not be the basis for any dispute over the City's requirements for
either its (1) Base Proposal or (2) selection of a Contractor. The specific Base Contract provisions
for the Base Proposal are not repeated in this RFP; Proposers must carefully review the Base
Contract for specific requirements.
1.3.2. Alternatives
The City has also identified a number of collection and price escalation alternatives for which it
seeks pricing. Directions for presenting costs for these alternatives are provided in the Form 2
instructions in Section 3 of this RFP. Note that omitting pricing from one or more alternatives
may result in disqualification of the Proponent's Proposal.
SECTION 2: INSTRUCTIONS TO PROPOSERS
City of Tukwila Request for Proposals 4 February 2022
2.1 DEFINED TERMS
Terms used in these Proposal Documents that are defined in the RFP and/or Base Contract have
the meanings assigned to them as follows:
• "Base Contract" means the Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract, to be the basis for the Contract entered into by the City and the
Selected Proposer(s) after completion of the RFP process and is to be the basis for all Proposer
rate proposals. A copy of the Base Contract is attached to this RFP in Appendix A.
• "Base Proposal" means the proposal submitted by a Proposer based on the Base Contract
and that meets the requirements of the RFP.
• "City" means the City of Tukwila, in King County, Washington.
• "City Service Area" means the area within the incorporated boundaries of the City that is
specified as the Contractor's service area.
• "Contract" means the contract executed by the City and the Selected Proposer for the
Services.
• "Contractor" means the Selected Proposer that has entered into the Contract with the City
related to the Services.
• "Day" or "Days" means calendar days unless otherwise specified.
• "Proposer" means a vendor that submits a Proposal to the City in response to this RFP.
• "Proposal" means a formal response to the RFP submitted by a Proposer to the City. A
Proposal will only be deemed by the City as a "Responsive Proposal" if it includes all necessary
documents, information, security, rates, and proposed modifications to the Base Contract in
compliance with the RFP.
• "Proposal Documents" include the Advertisement for Proposals and the Request for
Proposals, including the Information for Proposers, the Instructions to Proposers, the
Proposal Forms and the Base Contract, together with any attached or referenced appendices,
exhibits, or addenda.
• "RFP" means these procurement documents.
• "Selected Proposer" means the Contractor to whom the City makes an award as provided in
the Award of Contract section of these Instructions to Proposers.
City of Tukwila Request for Proposals 5 February 2022
• "Services" means all collection and processing services and associated functions specified in
the Base Contract, including any changes made to its executed final form ("Contract").
Some minor differences in defined terms or word usage may exist between this RFP and the Base
Contract. Please note that the RFP is describing existing conditions, data reported by the existing
contractor (which may not use the same definitions), potential RFP alternatives, and other
narrative text that is not specific contract language. The Base Contract is the Contract document
that the Selected Proposer is expected to execute, and thus the definitions and usage in that
document represent the technical definitions that will be used over the Contract term.
2.2 CITY CONTACT AND COPIES OF PROPOSAL DOCUMENTS
Complete sets of the Proposal Documents shall be used in preparing Proposals, and may be
obtained by written request from:
Hari Ponnekanti, Public Works Director
City of Tukwila Public Works Department
6300 Southcenter Boulevard, Suite 200
Tukwila, WA 98188
(206) 433-1800
Email: Hari.Ponnekanti@TukwilaWA.gov
In making copies of the Proposal Documents available, the City does so only for the purpose of
obtaining Proposals on the Services, and does not confer a license or grant for any other use of
these documents.
2.3 EXAMINATION OF PROPOSAL DOCUMENTS
It is the responsibility of each Proposer to do the following before submitting a Proposal:
• Carefully review the Proposal Documents during the pre-release industry review period and
inform the City in writing of any questions, comments, or objections to any document or
portion of the Proposal Documents, including but not limited to the Base Contract
requirements. Potential Proposers shall include objection to any terms of the Base Contract
that the Proposer is unable to meet and/or terms that the Proposer believes are preferential
to a particular party.
• Notify the City in writing of the Proposer's interest in this RFP and provide the name, e-mail
address, and phone number of the person to whom RFP addenda and related information
should be directed. An e-mail to the City's contact listed in Section 2.2 shall be considered
written notice for purposes of this Section 2.3. The City may not provide addenda or other
information to any Proposer that has not provided written notice as required pursuant to
this Section 2.3.
City of Tukwila Request for Proposals 6 February 2022
• Become familiar with local conditions that may affect costs, implementation, progress,
performance, or furnishing of the Services or equipment required under the Base Contract.
• Consider federal, state and local laws, statutes, ordinances, regulations and other applicable
laws, executive orders, and/or guidelines that may affect costs, implementation, progress,
performance, or furnishing of the Services or equipment required under the Base Contract,
including, but not limited to, applicable regulations concerning: industry wage rates;
nondiscrimination in the employment of labor; minority and women -owned business
enterprise requirements; protection of public and employee safety and health;
environmental protection; protection of natural resources; fire protection; emergency
preparedness; solid waste handling facility standards and permits; and other permits, taxes
and fees.
• Submit any questions concerning the Proposal Documents in writing to the City pursuant to
Section 2.4 so that the questions may be answered in an addendum to be issued by the City.
• Notify the City in writing of any conflicts, errors, omissions, or discrepancies in the Proposal
Documents.
• Carefully examine all of the Proposal Documents and any related attachments and
appendices for compliance with RFP requirements.
• Obtain all required signatures on the Proposal Forms.
Before submitting a Proposal, each Proposer shall, at the Proposer's own expense, make or
obtain any additional examinations, investigation, research and studies, and obtain any
additional information and data that may affect costs, implementation, progress, performance
or furnishing of the Services or equipment required under the Base Contract, and that the
Proposer deems necessary to factor into its Proposal.
Proposers are expected to be knowledgeable about the Service Area, to understand the City's
terrain, streets and alleys, and to be knowledgeable concerning the locations for garbage cans,
carts, detachable containers and other receptacles used for garbage, recycling, and compostables
collection. Proposers are also expected to confirm and assure to the City's satisfaction that their
equipment and personnel can make the collections and provide the Services called for under the
Base Contract.
Finally, Proposers are expected to be knowledgeable about customer service, service standards,
complaint resolution, quality management, applicable Tukwila municipal codes, and other
matters necessary to ensure and provide high quality customer service throughout the term of
the Contract.
City of Tukwila Request for Proposals 7 February 2022
2.4 INTERPRETATIONS, SCHEDULE AND ADDENDA
All questions concerning the meaning or intent of the Proposal Documents and notifications
concerning any conflicts, errors, omissions, or discrepancies in the Proposal Documents are to be
directed, in writing (e-mail preferred), to the contact person specified in Section 2.2.
RFP questions must be received by 3:00 p.m. PST on March 7, 2022 (first round) and 3:00 p.m.
PST on March 28, 2022 (second round) in order to be considered. Questions unresolved through
the industry review process regarding interpretations of Base Contract language or provided
service/tonnage data shall be asked at this point in the process. The City will answer all questions
via written addenda to this RFP to all Proposers who have provided notice of interest pursuant
to Section 2.3. Proposers shall note receipt of all addenda on the completed Form 5
(Certification) submitted with a Proposal. The City reserves the right to modify the proposed
Base Contract or any of the other Proposal Documents prior to the receipt of Proposals with
notice to parties that submitted a written notice and request for Proposal Documents pursuant
to Section 2.3.
The Selected Proposer(s) shall be expected to execute the proposed Base Contract as included in
this RFP, with only such amendments provided by the City via RFP addendum or as necessary to
finalize the contract.
The City has set the following schedule for receipt and review of the Proposals. The City reserves
the right to modify this schedule if deemed necessary.
PROCESS SCHEDULE
Event Time Frame
Staff/Legal/Council Review of Industry Review RFP and Contract November 2021
Release Industry Review Draft of Document Set December 13, 2021
Industry Review Comments Due January 4, 2022
Release Final RFP to Known Interested Parties February 7, 2022
First Round Proposer Questions Due 3:00 p.m. PST March 7, 2022
Second Round Proposer Questions Due 3:00 p.m. PST March 28, 2022
Proposals Due 5:00 p.m. PST April 18, 2022
Proposal Evaluation, Interviews, Clarifications, Selection April/May, 2022
Finalization of Contract May/June, 2022
Recommendation to City Council, Council Process June, 2022
City Executes Contract July, 2022
Contractor Delivers Transition/Implementation Plan September, 2022
Container Delivery October, 2023
Start of Collection Services November 1, 2023
City of Tukwila Request for Proposals 8 February 2022
The submission of a Proposal shall constitute an incontrovertible representation by the Proposer
that the Proposer has complied with every requirement of these Instructions to Proposers, that
without exception, the Proposal is premised on Proposer being able and willing to perform and
furnish the Services, labor, and equipment required by the Proposal Documents by such means,
methods, techniques, sequences, or procedures as are required by the Proposal Documents, and
that the Proposal Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Services and
equipment required under the Base Contract.
2.5 PROPOSAL SECURITY BOND
Each Proposal shall be accompanied by a Proposal Security Bond ("PSB") made payable to the
City of Tukwila in the amount of twenty thousand dollars ($20,000) and in the form of the PSB as
provided in the Proposal Forms.
The PSB from the Selected Proposer shall be retained by the City until that Proposer has executed
the Contract and furnished insurance and a performance and payment bond as required pursuant
to the Contract, whereupon the PSB shall be released. If the Selected Proposer fails to execute
and deliver the Contract, as negotiated, and fails to deliver required Contract documents within
one week after the Contract is finalized and ready for execution, the City may withdraw its offer
to contract with the Selected Proposer, and the PSB of that Proposer may be forfeited.
In that event, the PSB of the Selected Proposer shall be retained as liquidated damages by the
City, and by submittal of a Proposal, the Proposer agrees that this sum is a fair minimum estimate
of the damages that the City will sustain in the event that the Selected Proposer fails to execute
the Contract or furnish proof of insurance acceptable to the City. The City does not waive its
rights to recover additional damages it incurs above the PSB amount.
The PSB of other Proposers may be retained by the City until after (1) the Contract execution, or
(2) 180 days after the Proposal due date, whichever is earlier, whereupon the PSB furnished by
such Proposers shall be released.
2.6 CITY INVESTIGATIONS AND PROCESS DECISIONS
As part of the RFP evaluation process, the City reserves the right to do any or a combination of
the following:
• Contact staff from other jurisdictions regarding their experiences with Proposer;
• Visit a Proposer's facilities, including proposed processing facilities, and view proposed
vehicles and equipment;
• Meet the Proposer's personnel, including interviewing the Proposer's existing route,
operations, management, financial, and customer service personnel during the
performance of their regular duties;
City of Tukwila Request for Proposals 9 February 2022
• Retain independent consultants for assistance in evaluating Proposals and provide proposal
materials to those consultants;
• Request clarification or additional information from a specific Proposer in order to assist in
the City's evaluation of a Proposal;
• Require changes in the Base Contract that the City deems necessary;
• Decline to award a Contract for the Services as a result of this RFP process;
• Discontinue negotiations with the Selected Proposer or any Proposer, and commence
discussions with any other responsive Proposer;
• Withdraw the RFP and reject any or all Proposals;
• Not award to any or all Proposers and issue a subsequent Request for Proposals or request
for proposals based on refinements of concepts proposed in response to this RFP or
otherwise; or
• Seek other investigations, inquiries, reviews, or clarifications which would allow the City to
make informed decisions.
2.7 PROPOSALS
Each Proposer's Proposal shall provide unit prices for all service levels indicated on the
appropriate Proposal forms. All Proposal rates shall be provided in current year -2022 dollars. A
Consumer Price Index (CPI) adjustment (per contract) will be applied to the final contract rates
in 2023 prior to the roll-out of the new contract. This is intended to reduce the Proposer's risk
of inflation between the time rate are proposed and the start of Services.
The Proposal unit prices shall be used, in part, to determine the Selected Proposer as described
in the Basis of Award section of these Instructions to Proposers. All costs, including overhead
and profit, and non -itemized taxes, fees or surcharges imposed by federal, state, or local laws
(see Form 2 instructions for details), for which the Proposer expects to receive payment as a
result of the Services shall be included in the unit prices, unless otherwise specifically directed.
The data on the existing Services concerning number of customers and collection tonnages
should be viewed as the best available data accessible to the City and are presented solely as the
basis for calculations on which the award of the Contract will be made. Actual results
experienced during the operation of the Services may differ.
City of Tukwila Request for Proposals 10 February 2022
By submitting a Proposal, the Proposer is committing to commencement of collection Services
by November 1, 2023, and to comply with each term of the Contract and corresponding portion
of its submitted Proposal.
2.8 PREPARATION OF PROPOSAL FORMS
All blank spaces in the Proposal Forms shall be completed to be considered and no changes shall
be made to any of the Proposal Forms, other than those necessary to accommodate electronic
signatures. If forms submitted by a Proposer are different than the Proposal Forms, the City may
deem the Proposal non-responsive.
The Proposal prices shall be inclusive of all costs of providing the Services, labor, and equipment
required under the Contract. The City may, at its sole discretion, deem any Proposal non-
responsive to the Base Proposal that contains omissions, erasures, alterations, or additions of
any kind, or prices uncalled for, or unbalanced, or any Proposal that in any manner fails to
conform to the conditions of this RFP.
The Proposer shall complete and sign its Proposal in ink in the blank space provided (or
electronically) and all names shall be typed or printed below the signature, along with evidence
that the Proposer is a duly organized and validly existing business, licensed to do business in the
City and Washington State. If not licensed, then the Proposer shall provide a sworn statement
that it will become licensed if selected as the Successful Proposer prior to executing the Contract.
The legal name of the Proposer submitting the Proposal shall be typed or printed in the space
provided at the bottom of each page of the Proposal Forms. Proposals by corporations shall be
executed in the corporate name by the President or a Vice President (or other corporate officer
accompanied by evidence of authority to sign). Proposals by partnerships shall be executed in
the partnership name and signed by a partner, whose title shall appear under the signature.
lithe signature is by an agent other than an officer of a corporation or a member of a partnership,
a notarized power of attorney or board resolution shall be on file with the City prior to submittal
of the Proposal or shall be submitted with the Proposal; otherwise, the Proposal may be deemed
non-responsive.
2.9 SUBMISSION OF PROPOSALS
Proposals must be submitted no later than the date and time indicated in Section 2.4 and
delivered to the City Clerk's Office by 3:00 p.m. Proposals must be enclosed in a sealed package,
marked with the words "PROPOSAL ENCLOSED CITY OF TUKWILA SOLID WASTE COLLECTION" and
marked so as to indicate, without being opened, the name and address of the Proponent. City
staff will stamp the date and time of receipt on the sealed package. Proposals must be
accompanied by the PSB and all other required documents as further described in Section 2.15.3.
2.10 MODIFICATION OR WITHDRAWAL OF PROPOSALS
City of Tukwila Request for Proposals 11 February 2022
Prior to the time and date designated for receipt of Proposals, any Proposal submitted may be
modified or withdrawn by written notice to the City. The Proposer shall provide such notice in
writing to the City contact shown in Section 2.2 and shall include the signature of the Proposer.
Notice of a Proposal modification or withdrawal shall only be considered by the City if the City
receives it before the time and date set for receipt of Proposals. A late modification or
withdrawal request shall not be recognized and the City shall consider the originally submitted
Proposal.
2.11 PROPOSAL EVALUATION
2.11.1 Evaluation Criteria
The City's Proposal evaluation committee shall review proposals based on the following criteria:
(1) Responsiveness/Completeness (pass/fail)
Each Proposal will be reviewed based on responsiveness to the information required. All forms
shall be completed, all questions answered, and all information supplied in the format requested.
The City may disqualify any Proposer not meeting these initial requirements. Proposers meeting
these initial criteria may be contacted by the City to provide specific clarifications.
(2) Minimum General Qualifications (pass/fail)
Proposers shall submit all information related to their ability to successfully perform the work
described in the RFP and Base Contract, including a full and competent response to items A
through F in Section 3.1 of this RFP. Proposers who do not fully respond to all questions, who
do not clearly outline their proposed Services, equipment and approaches, and/or who fail to
clearly demonstrate their ability to perform under the Base Contract may be determined to "Fail"
meeting the Minimum General Qualifications.
(3) Rate Evaluation (60 points)
The rate evaluation will be conducted as described under the "Process" section in Section 2.11.2.
The rate portion of Proposals shall be scored according to the following formula:
Subject Proposal Rate Score = (Lowest Proposal Rate Total/Subject Proposal Total) x 60 points
(4) Qualitative Aspects (40 points)
Proposers shall have demonstrated knowledge, skills, innovation, creativity, experience, and
capacity to design, deliver, manage, and provide all aspects of customer service, staffing,
operations, maintenance, outreach and education, marketing, procurement, financial
City of Tukwila Request for Proposals 12 February 2022
management, contingency planning, sustainability performance, and other aspects associated
with the provision of Services under the proposed Base Contract.
Proposers will be evaluated on the basis of Proposals submitted as well as references, interviews
with Proposer staff, site visits, and any other relevant information obtained by the City.
Evaluation shall be based upon a number of factors, which include, at the City's discretion, any
aspect of the following: customer service, contract implementation and compliance, proposed
operations, recycling and composting processing, innovation with regard to service delivery and
customer incentives to participate correctly with recycling and composting Services, overall
customer education and promotion and any other relevant criteria selected by the City.
Scores may be assessed based upon a comparison to other Proposals or on a stand-alone basis.
2.11.2 Process
During the initial round of review, Proposals shall be reviewed by an evaluation team selected by
the City. Proposals shall be evaluated in two phases: (1) a qualitative review and scoring of
Proposal elements other than price, including reference checks, interviews and site visits; and (2)
scoring of the rate portion of the Proposals. The City's evaluation committee will then combine
qualitative and rate scores to determine the scoring to identify the recommended Selected
Proposer.
Contract finalization shall proceed with the Selected Proposer. If Contract finalization with the
Selected Proposer is not successfully concluded in a timely manner, which is to be determined by
the City in its sole discretion, Contract finalization may proceed with another Proposer. The
resulting finalized Contract shall be submitted to City elected officials for review and ratification.
The City reserves all of its rights, including, but not limited to, the right to reject any and all
Proposals, to waive any and all informalities, and to disregard any non -conforming, non-
responsive, irregular, or conditional Proposals, and to seek proposal clarifications as needed. In
addition, the City reserves the right to reject the Proposals of any and all Proposers if the City
believes that it would not be in the best interest of the City to make an award, whether because
the Proposal is non-responsive, because the Proposer is not found to be responsible or fails to
meet any other pertinent standard or criterion established by the City of Tukwila, or whether it
is otherwise not in the best interest of the City, in its sole discretion. In addition, the City reserves
the right to terminate the RFP process at any time and for any reason.
2.12 SERVICES START DATE
The Contractor/Selected Proposer shall start the Services under the Contract on November 1,
2023.
2.13 PUBLIC DOCUMENTS AND DISCLOSURE
City of Tukwila Request for Proposals 13 February 2022
Under Washington State law, including without limitation Chapter 42.56 RCW, Public Records
Act, the documents and other records submitted in response to this RFP are public records upon
submission to the City, subject to mandatory disclosure upon request by any person, unless the
documents are exempted by a specific provision of law. If the City receives a request for
inspection or copying of such documents and other records, it will make an effort to promptly
notify the Proposer of such request so that the Proposer may choose to pursue a court order
prohibiting or conditioning the release of such documents. The City assumes no contractual
obligation to enforce any exemption. The City intends to disclose all sealed rate portions of the
Proposals after they are opened to all Proposers. Proposers are cautioned to not include any
confidential or proprietary information with their Proposals that they do not want disclosed. The
City shall not be liable for or responsible for the disclosure of such information.
2.14 DISCLAIMER OF PROPOSER COSTS
The City shall not be responsible for any costs incurred by any Proposer or agents thereof in
preparing, submitting, or presenting its response to the RFP, interview process, or by
accommodating any City inquiries made during evaluation of Proposals, or any expenses incurred
in connection with the finalization and execution of the Contract.
2.15 INSTRUCTIONS FOR SUBMITTING A RESPONSIVE PROPOSAL
2.15.1 Obtain Proposal Documents
Send an e-mail request for (1) the Proposal Documents, and (2) confirmation of a mailing and e-
mail address for the City to direct addenda and other RFP -related communications. The City
contact's e-mail address is listed in Section 2.2 of this RFP.
2.15.2 Conduct Investigation Deemed Necessary
Each Proposer shall conduct any investigation of the City Service Area, projected customer
counts, types and quantities of customer -owned equipment, markets, processing facilities, and
other conditions deemed necessary by the Proposer to submit a responsive Proposal.
2.15.3 Submit Responsive Proposal
Complete Proposals shall be submitted no later than the dates and times indicated in Section
2.4, and shall be enclosed in a sealed package, marked with the words "PROPOSAL ENCLOSED -
CITY OF TUKWILA SOLID WASTE COLLECTION" and marked so as to indicate, without being
opened, the name and address of the Proposer. The sealed Proposal package shall include an
envelope containing the PSB and all other required Proposal documents, including completed
Proposal Forms.
Proposers shall submit one original and six copies (printed and double -sided) of the Proposal
Forms and other supporting documents. Please do not glue bind the Proposal Forms and
City of Tukwila Request for Proposals 14 February 2022
supporting documents. The Proposal and all Proposal Forms shall be signed by an authorized
person where indicated. In addition to the printed copies, Proposer shall provide an identical
electronic copy (.PDF format) of its Proposal and all Proposal Forms.
The City seeks concise Proposals that outline the equipment and facilities the Contractor intends
to use to provide services and indicate that the Proposer has sufficient depth and experience.
Please do not attach unnecessary vendor information, letters of support or other extraneous
materials.
2.16 PROCESS INTEGRITY REQUIREMENTS
Each Proposer is individually and solely responsible for ensuring compliance with the following
Process Integrity Requirements. This responsibility extends to Proposer's employees, agents,
consultants, lobbyists, or other parties or individuals engaged for purposes of developing or
supporting Proposer's Proposal or proposed Services. Proposers shall comply as follows:
• All solid waste collection service -related communications with the City shall be only
through the City's designated staff contact identified in Section 2.2. Proposers or their
agents shall not contact other City staff, appointed or elected officials, consultants
retained by the City or other City agents regarding current or future solid waste collection
Services from the time the industry review version of the draft RFP is made available to
prospective Proposers until the time a finalized Contract and/or City recommendation of
Selected Proposer is made public in the City Council's Agenda Packet.
• When seeking information from the City to prepare a response, Proposer shall place its
reliance only on information, RFP materials and Addenda provided by the City's contact
designated in Section 2.2. Any reliance on other City information and publications may
result in a non-responsive Proposal due to inaccurate or incomplete information. The City
shall not be liable or responsible for inaccuracies or incomplete information found outside
of the RFP and Proposal Documents, including any attachments.
• Any information and materials to be utilized by the City during the Proposal evaluation
and selection process shall be included as part of the original Proposal. The only exception
would be for information or materials submitted in response to a specific request for
Proposal clarification from the City's designated staff contact identified in Section 2.2.
A Proposer may be disqualified and, if so, shall forfeit its PSB if the City determines the Proposer
has failed to comply with the specific Process Integrity Requirements, has undermined the City's
intention of conducting a fair and transparent competitive procurement process, or has
otherwise substantially diminished the City's ability to award a Contract in a timely manner and
free of contention. The City reserves the sole right to disqualify any Proposer at any point in the
process prior to Contract award for failure to comply with the Process Integrity Requirements.
The City also reserves the right to disqualify any Proposer, at any time, for fraud, any material
City of Tukwila Request for Proposals 15 February 2022
misrepresentation, illegal conduct, or any act or omission that the City determines potentially or
actually reflects poorly on the City.
SECTION 3: PROPOSAL INSTRUCTIONS AND FORMS
3.1 Proposal Preparation Guidelines and Format
These instructions provide guidelines governing the formation and content of the Proposal and
the approach to be used for its development and presentation. The intent of this section is to
describe the Proposal format and requested information that is essential to an understanding
and evaluation of the proposed Services. The inclusion of any additional pertinent data or
information by the Proposer is recommended. Inclusion of general letters of support are not
useful to the City when evaluating Proposer's capabilities and abilities to perform under the
Contract and are discouraged.
Proposals shall be stapled or provided in a 3 -ring binder, sealed, typed and prepared on both
sides of 8-1/2" by 11" recycled -content paper. Oversized documents may be submitted, but they
must be folded to size and secured in the Proposal. All pages of the Proposals shall be numbered
and sections clearly identified.
The Proposal and all attachments shall be complete and free of ambiguities, alterations and
erasures. The Certification of Proposal — Declaration of Understanding (Form 5) shall be executed
by Proposer or Proposer's duly authorized officer or agent. In the event of a conflict between
words and numerals, words shall prevail.
The City does not require financial statements to be provided as part of Proposal submittals;
however, the City reserves the right to request supplemental materials from Proposers to
demonstrate to the City's satisfaction that any Proposer is fully capable to undertake this
Contract and its associated Services.
The Proposal shall follow the format outlined below and shall include the required content in
sequential format.
A. Executive Summary
Provide a brief overview of the entire Proposal and highlight the key aspects of the Proposal
(maximum 6 pages).
B. Management and Qualifications
B.1 Proposer
State the name of your entity, home office address, Washington business address, Washington
agent's name, address, e-mail address and telephone number, and the name, address, phone
City of Tukwila Request for Proposals 16 February 2022
number, e-mail address, website address and title of the person to be contacted concerning the
Proposal. If Proposer is a subsidiary, state the name of the parent company, the home office
address, telephone number and website address of the parent company, and describe the parent
company's relationship to the Proposer. State whether the person signing the Proposal has the
authority to sign on behalf of Proposer. State also the names of companies that will share
significant and substantive responsibilities with you, as joint venture partners or in another
manner, in performing under the Contract. Include documentation that Proposer is duly
organized and validly existing business in good standing, and licensed to do business in the City.
If Proposer is not licensed to do business in the City, then the Proposer shall provide a sworn
statement that it will become licensed if selected as the Successful Proposer prior to executing
the Contract.
B.2 Resumes
Supply the names and resumes of the principal officers, partners or other officials of each entity
involved in performing substantive responsibilities required under the Contract, and provide the
names and resumes of the individuals who will be directly responsible for implementation of the
Contract. At a minimum, include the general manager, operations manager(s), financial officer,
education and customer outreach manager, customer service manager(s) and other personnel
with whom the City will have regular contact with during the administration of the Contract.
Describe the ownership, managerial and/or fiduciary role of each of the participating companies.
Include the names, entity affiliation, telephone numbers and e-mail addresses of key individuals
integrally involved in the Proposal. Provide an organizational chart or other means of explaining
the interrelationships between the team members.
B.3 Litigation and Violations
List any entity, partner, holding company or subsidiary involved in the Proposal (including
subcontractors directly providing services to customers), or any corporate officer, that has been
involved within the past five years in any litigation or arbitration including but not limited to any
action or claim: arising out of the procurement or performance of a municipal solid waste
collection contract; arising out of performance of a processing or marketing contract; arising or
connected with violation of state or federal anti-trust laws; arising from or connected with
allegations of corrupt practices; or arising from operating permits and other operating
requirements, including local, state and federal rules or regulations. In the case of national
companies with multiple affiliated regional companies, the above disclosure should be limited to
Pacific Northwest (Washington, Oregon, Idaho and British Columbia) operations and personnel.
Summarize the general circumstances of each action or claim to the extent authorized by the
non -disclosure provisions (if any).
B.4 Subcontractors
List all items of work or elements of the Services to be performed by subcontractors, and the
names, qualifications and resumes of the subcontractors. Also, list the equipment and supplies
City of Tukwila Request for Proposals 17 February 2022
to be purchased from vendors. Provide an estimate of cost, expected date of purchase, and
length of time necessary for delivery for these purchases.
B.5 Experience
Describe fully the experience of your team (both individuals and the corporate, partnership or
entity team) in providing the Services requested in this RFP. Describe similar projects and include
the general scope of Services (including a summary of which collection and/or processing Services
were provided under contract), annual revenues, tonnages, and number of customers. Describe
any major problems encountered in establishing service, collecting solid waste, or collecting,
processing, and/or marketing recyclables or compostables, along with a description of how such
major problems were resolved to the satisfaction of customers. Provide references (including
contact name, title, organization, mailing address and contact information) for all such similar
projects described. These references should have direct operational management responsibility
over the Proposer's contract and full knowledge of Proposer's detailed performance provided
under that contract. These references will generally be local government staff, rather than
elected officials.
C. Collection and Management Operations
C.1 Garbage, Recycling, Compostables, and Litter Collection and Handling
Describe fully the collection equipment and containers to be used under the Base Contract,
keeping in mind the Base Contract specifications for the collection frequency, types of containers,
and the City's intention that garbage, recyclables, and compostables be collected separately.
Identify the vehicle chassis and body used to collect residential, commercial, multi -family, and
drop -box service sectors. Also identify for each type of truck: the number of compartments; the
capacity of each compartment; total weight, and volume capacity of vehicle; loading and
unloading characteristics; the number necessary to perform the required Services; the average
number of collections each vehicle can make in a day; and the useful expected life of each
collection vehicle. Describe how each vehicle will be marked or signed so that witnesses to spills,
leakage, and/or damage may quickly report such occurrence.
Identify any subcontractor used for customer -facing operations such as container delivery or
maintenance.
Describe and provide examples of your route management system. Describe how routes are
initially developed and modified over time, how your on -board computer systems manage route
progress, route changes, exceptions (no set -out, blocked containers, contaminated materials,
extra set -outs, etc.) and diversions from normal routes due to road maintenance, inclement
weather or other unforeseen needs to deviate from the planned route. Also describe how the
on -board system (if used) communicates with your call center's account system to provide close -
to -real-time updates for each customer during the collection day.
City of Tukwila Request for Proposals 18 February 2022
Provide your preferred Contamination Reduction Plan including thresholds for tagging and
collecting versus tagging and leaving containers. At what point is the customer contacted directly
via phone or e-mail to follow-up on continuing problems? How do you plan to monitor
containers, on -route or separate sampling? When is service suspended and containers removed
from the Customer's control? How do they get service back? Are customers provided incentives
for clean materials? Does the Contamination Reduction Plan approach vary between sectors, and
if so, how? If you propose to use automated side -load collection equipment (or any other
collection technology that limits on route inspection of materials), specifically address how you
will successfully ensure that incoming materials are free of unacceptable contamination.
Identify the destination for all collected materials. If more than one recycler or composter will be
used, identify the proportion of loads destined for various destinations and the criteria for routing
trucks to a particular facility.
Describe fully your proposed recycling processing facility, including location, hours of operation,
daily processing capability, tons of material currently processed per day by material type,
additional processing capacity committed to in the future by material type, and the amount of
that capacity needed to process the recyclables collected under the Base Contract. Specifically
address how commingled materials are currently processed and the average rejection or
contamination rate experienced by your firm or contracted processor. Describe how the
proposed processing facility chooses recycling markets and ensures that collected materials are
remanufactured into new products rather than high -graded and partially recycled or used as fuel.
Identify your preferred market adjustment index or indexes and your preferred adjustment
period. If your proposed recycling processing facility is planned, but does not currently exist,
please identify a fully permitted and operational facility that could serve as your primary facility
if your proposed facility is unavailable at the start of the contract.
Describe fully your proposed compostables processing facility, including location, hours of
operation, annual processing capability, tons of material currently processed per day, additional
processing capacity committed to in the future, and the amount of that capacity needed to
process the compostables collected under the Base Contract. If your proposed composting
facility is planned, but does not currently exist, please identify a fully permitted and operational
facility that could serve as your primary facility if your proposed facility is unavailable at the start
of the contract.
Identify the operator, location, structures, and zoning of your proposed maintenance and
support facilities. Provide the number of repair bays available at the facility and maintenance
staffing levels (e.g., mechanics and assistants) dedicated to Services under the Contract. Provide
the total number of trucks maintained at the site for all Proposer operations, as well as the
number of trucks and spares dedicated to the Contract.
The City actively works to protect its water resources, including surface and groundwater. It is
important to the City that all containers do not leak and have tight fitting lids that close, and that
they are always closed after servicing. What steps do you propose to ensure these requirements?
City of Tukwila Request for Proposals 19 February 2022
Similarly, leaking compactors can pollute surface water and it is important to the City that
compactors do not leak during operation, or during or after servicing. What specific steps do you
propose to prevent pollution from compactors?
C.2 Billing Support and Customer Service Support
Describe in detail the manufacturer and model of equipment and software used to maintain
route lists, customer service histories, and the ability to provide City -requested reports of
customer -specific information and data.
Describe your experiences in other cities implementing comprehensive collection operations and
customer services similar to those specified in the Contract, with particular emphasis on how the
transition between the previous contractor and your entity was handled, and how your entity
developed accurate customer service level and billing data in the event the predecessor's records
were unavailable. Detail how you have managed the customer service end of mandatory
collection enforcement for contract cities.
The City considers customer service to be a very important aspect of this solid waste collection
services Contract. Outline your overall approach to customer service and how the various
elements of customer service (call center, web -based, outdial messaging, and mobile app) work
together to provide excellent customer service and enhance two-way communications between
Contractor and customer. Provide the location and staffing levels at your call center facility.
Describe the functionality of your website including the basic structure, how it allows customers
to interface with customer service representatives, and the degree to which customers can
manage their accounts (e.g., change their subscribed service levels, order service, request a
missed pick-up collection, address billing questions) through both website and mobile app
elements, and how you ensure that web and mobile app requests are accurately tracked,
resolved, and reported. Describe how service requests made via call center, web -based, and
mobile app elements are responded to, without creating duplicative response effort. Describe
your recent innovations in providing customer service; for example, via new technology on trucks
or new methods/technologies to better communicate with customers, and how you adapt and
respond to advances in technology.
Discuss how staffing levels are established and modified to ensure timely customer service, and
how new and existing staff are trained. Describe how customer service performance is measured,
including the specific targets or performance metrics used to evaluate your performance. When
call center staff handle calls from more than one city or Washington Utilities and Transportation
Commission -certificated service area, describe the procedures and aids used by those staff to
address calls from different service areas without delaying responses to customers.
Discuss how long it takes you to physically respond to service calls by line -of -business, how you
monitor and adapt your field staffing to minimize your response time, how the resolution of each
service call is performed in a timely manner, and how this is tracked and routinely reported as
part of internal performance evaluation as well as required periodic reports.
City of Tukwila Request for Proposals 20 February 2022
Describe your procedures for handling "missed" collections. Do you have a separate route for
handling misses at the end of each day; is each route driver responsible for collecting their misses
on the day or day after regular collection; or does your entity use some other system? How has
this approach worked to minimize repeat misses? How do you improve services for those
customers who repeatedly report justified misses? How do you handle customers who
repeatedly report unwarranted misses?
C.3 Transition and Implementation Plan
Describe your proposed transition and implementation plans to ensure an efficient and
successful implementation of service provisions as outlined in the Base Contract. Identify the
major issues and challenges along with your proposed approach. Discuss customer information,
promotion and notification, customer service, customer response, procurement and delivery of
vehicles, containers, and other equipment, contingency plans and other considerations which
will ensure successful transition and implementation of the comprehensive Services under the
Base Contract.
Include a timeline which identifies major tasks and key dates in the transition and
implementation plan.
D. Implementation and Public Information
If Proposer would be a new service provider for the City, describe in detail how you would work
with the existing contractor to ensure a smooth transfer of information and container exchanges
in a timely manner prior to the contract Services start date. Identify the individuals involved in
this effort, their qualifications and previous experience in transitioning existing collection
programs.
Describe and provide examples of materials developed by Proposer's staff and used to introduce
and support single-family recycling and compostables programs. Address how materials will be
distributed and how residents seeking additional information will be accommodated during
program introduction. Detail how your approach will increase and maintain participation and
how methods may change as participation levels increase or decrease.
Describe fully how you will promote multifamily/commercial recycling and increase
multifamily/commercial recycling levels and reduce contamination levels. Detail the
communications, outreach, and assistance methods as well as technological or operational
innovations you propose to increase those recycling levels. Detail how your approach will
increase and maintain participation and how methods may change as participation levels
increase or decrease. Provide examples of where your approaches have been effective, how
effectiveness is measured and also provide informational materials developed and used by your
staff.
City of Tukwila Request for Proposals 21 February 2022
Explain your procedures for submitting public information material to the City for approval and
any approval timeliness you will expect the City to meet.
Identify and describe fully the qualifications of your Education and Outreach Manager including
previous experience in working with recycling collection programs and government
organizations.
Provide a chart summarizing all public information, education, and outreach programs, and the
levels of resources provided for each function or program. Levels of resources should include
labor (FTE or hours) and materials/mailing costs for each element. Identify functions or programs
that are performed as part of the Base Contract requirements versus additional or enhanced
outreach or incentive programs that are additional to the Base Contract requirements.
E. Base Contract Modifications
Submissions contingent on an alternative Contract cannot be reasonably compared with
competing Proposals and shall be considered non-responsive.
The City has conducted an industry review process prior to releasing this RFP and has
incorporated into the Base Contract suggested changes (shown as tracked changes) deemed
reasonable and in the best interest of the City and its ratepayers. All Proposals shall be based on
the Base Contract (Appendix A) included with the RFP, without alteration; however, Proposers
may identify specific Base Contract provisions that they believe unreasonably affect costs for the
City to consider the proposed change.
For each Proposer -proposed Base Contract modification, the following format shall be followed
to maintain consistency between Proposals:
• Clearly indicate the reason for the requested change;
• State whether the proposed change is an integral requirement of your Proposal or is a
non -mandatory preference;
• Propose alternative contract text; and
• Provide the rate impact to your Proposal (or "no rate impact" if none) resulting from
the proposed change.
The listed rate impact shall reflect the annual rate reduction or increase of the proposed
modification and shall be identified in dollars with a "+" representing an increase in annual
aggregate rates and a "-" representing a decrease in annual aggregate rates. If there is no rate
savings or increase associated with the proposed modification, the Proposer shall indicate "no
cost impact."
3.2 Proposal Forms
City of Tukwila Request for Proposals 22 February 2022
The following forms shall be completed in full and in accordance with both Section 2. Instructions
to Proposers and with the instructions that follow below, and shall be submitted collectively as
the Proposal Forms. Use black or blue ink or type on all forms. All base contract Services and
alternatives must be priced on the Proposal Form 2 for the Proposal to be considered responsive.
The Proposer shall provide information where indicated on the individual forms, but if additional
space is needed to respond to a question or if Proposer is requested to provide information that
cannot be written directly on the forms, these items must be stapled or attached to the individual
forms that correspond to the pertinent information. Oversized or bulky information such as
drawings or bound documents shall be submitted under a separate cover, labeled to indicate the
form number and content to which the information pertains, referenced as such on the Proposal
Forms, and included as part of Proposer's Proposal.
Proposers shall number each page that contains information that cannot be written directly on a
form or pages that are reproductions of a form. The page number shall be placed in the upper
right-hand corner of each such page and sub -lettered to correspond with the page to which the
information pertains (e.g., Form 2).
Proposers may use the original Microsoft Word or Excel electronic files of the Proposal Forms,
provided that each page so generated must have the header, footer and body of information in
the same locations as the original form to assure uniformity of the Proposer's submittal. Stylistic
enhancements and reformatting may render the Proposal non-responsive, at the sole discretion
of the City if the City considers the omission to materially affect the Proposal.
Proposers shall provide complete and detailed responses to each question. If the Proposer fails
to do so, its Proposal is likely to be deemed non-responsive and may be rejected by the City.
During the execution of the Services, the City shall consider information submitted by the
Selected Proposer to be binding, and any substitutions or deviations from the information
provided may only be approved in writing by the City.
City of Tukwila Request for Proposals 23 February 2022
Form 1
COVER SHEET AND GENERAL INFORMATION
Entity Name:
Home Office Address:
Washington Business Address:
Website Address:
Name, Title, Address, Telephone Number, and E -Mail Address of the person to be contacted
concerning the Proposal:
If Applicable, Name of the Parent Company:
Home Office Address, Telephone Number and Website Address of the Parent Company:
Describe the parent company's relationship with the Proposer:
If applicable, does the person signing the documents have the authority to sign on behalf of the
Proposer?
Yes No
Form 1— Cover Sheet and General Information 1 February 2022
Names of Companies that will share significant and substantive responsibilities with the Proposer
in performing Services under the Contract:
Attach to this form, and number appropriately, documentation showing that the Proposer is duly
organized and validly existing as a corporation or partnership in good standing.
Form 1— Cover Sheet and General Information 2 February 2022
Form 2
PRICE PROPOSAL INSTRUCTIONS
Form 2 is attached as RFP Appendix C and is also available as a Microsoft Excel file.
Complete all green -shaded blanks on the attached Form 2 rate proposal sheets including monthly
collection and disposal fees for all scheduled Services and miscellaneous Services. Disposal fees
shall be based on King County's 2022 tipping fee. The disposal component of customer rates will
be adjusted (per Contract Section 5.3.2) in the event of a disposal fee change between the
development of proposed rates and the start of contract collections in 2023. The service
component will be adjusted (per Contract Section 5.3.1) prior to the start of contract services to
account for inflation between proposal submission and the start of contract services.
Container counts are included only for the purposes of price evaluation. Proposers are
responsible for developing their own internal service level profile forecasts reflecting their own
estimates on growth that may occur by the start of the Contract and thereafter.
The Contractor's fees provided on Form 2 shall include all capital, labor, disposal, material
processing and other operating costs, including administration, management, profit, contract
fees and incidental taxes (e.g., sales tax on capital equipment and containers, tire and fuel taxes,
B&O). State refuse tax, sales taxes on listed container rentals and City utility taxes shall be
excluded from the Proposal rates.
Contractor fees provided by the Proposer on Form 2 shall incorporate the following elements,
and be based on actual cost of service unless otherwise noted:
Customer Sector
Include in Rates
Rate Formula
Single -Family Residential
Garbage and recycling collection
costs, including garbage disposal
and recycling processing costs and
recyclable commodity value.
cost -of -service
Subscription composting service
shall include both service and
composting (processing) costs.
Cart provision costs included in
collection rates.
Multifamily and Commercial
Garbage and recycling collection
cost -of -service
Cart and Detachable
costs, including garbage disposal
Container
and recycling processing costs and
recyclable commodity value.
Form 2 — Price Proposal Instructions
1
February 2022
Proposer's cost -of -service model shall be designed to recover the costs for each service level
within each collection sector only from that particular service level.
For some seldom -used or ancillary services, fixed rates have been entered on the Form 2 rather
than requesting Proposers to propose their own rates for those services. Proposers shall use the
listed rates in their revenue calculations and shall not provide different proposed rates for those
services.
Alternatives:
At the end of Form 2, cells are provided for entering proposed rate modifications for the following
alternatives. Please calculate and enter costs as described in the following instructions.
Increased or reduced amounts should be expressed as modifications to the customer rates
provided on Form 2. If the alternative is selected, the amount added or subtracted from the
monthly base rate for each service level.
Reductions in the base rate (or revenue requirement depending on the alternative) shall be
expressed as a negative number. Increases in the base rate (or revenue requirement depending
on the alternative) shall be expressed as a positive number.
Form 2 — Price Proposal Instructions 2 February 2022
Subscription composting service
shall include both service and
composting (processing) costs.
Cart and detachable container
provision costs included.
Temporary Detachable
Container and Drop -box
Garbage hauling costs only for
drop -boxes, with container rental
and disposal charged separately.
Garbage container rental, hauling
and disposal costs for detachable
containers.
cost -of -service
Commercial/Multifamily
Drop -box Service
Garbage and recycling collection
and hauling costs, and recycling
processing costs and recyclable
commodity value, but NOT
including container rental and
garbage disposal (both charged
separately).
cost -of -service
Other Services
(e.g., container cleaning,
compostables, etc.)
Only cost -of -service or the default
rates set on Form 2.
cost -of -service
Proposer's cost -of -service model shall be designed to recover the costs for each service level
within each collection sector only from that particular service level.
For some seldom -used or ancillary services, fixed rates have been entered on the Form 2 rather
than requesting Proposers to propose their own rates for those services. Proposers shall use the
listed rates in their revenue calculations and shall not provide different proposed rates for those
services.
Alternatives:
At the end of Form 2, cells are provided for entering proposed rate modifications for the following
alternatives. Please calculate and enter costs as described in the following instructions.
Increased or reduced amounts should be expressed as modifications to the customer rates
provided on Form 2. If the alternative is selected, the amount added or subtracted from the
monthly base rate for each service level.
Reductions in the base rate (or revenue requirement depending on the alternative) shall be
expressed as a negative number. Increases in the base rate (or revenue requirement depending
on the alternative) shall be expressed as a positive number.
Form 2 — Price Proposal Instructions 2 February 2022
1. Weekly Subscription Compostables Collection: The Base Contract includes every -other -
week subscription -based compostables collection for those single-family customers
wishing to pay for and receive the service. Under this alternative, compostables would be
collected weekly instead of every -other -week, but would continue to be a subscription -
based service. Please provide the monthly rate increase (+) per single-family garbage
customer associated with this alternative.
2. Embedded Weekly Compostables Collection: The Base Contract includes every -other -
week subscription -based compostables collection for those single-family customers
wishing to pay for and receive the service. Under this alternative, weekly compostables
collection using a 96 -gallon cart as default size would be included in rates, similar to the
approach used for recycling collection, with all customers receiving the service. Please
provide the monthly rate increase (+) per single-family garbage customer associated with
this alternative.
3. Embedded EOW Compostables Collection: The Base Contract includes every -other -week
subscription -based compostables collection for those single-family customers wishing to
pay for and receive the service. Under this alternative, every -other -week compostables
collection using a 96 -gallon cart as default size would be included in rates, similar to the
approach used for recycling collection, with all customers receiving the service. Please
provide the monthly rate increase (+) per single-family garbage customer associated with
this alternative.
4. Weekly Recyclables Collection: The Base Contract includes every -other -week recyclables
collection for single-family customers as part of regular garbage collection. Under this
alternative, recyclables would be collected weekly instead of every -other -week. Please
provide the monthly rate increase (+) per single-family garbage customer associated with
this alternative.
5. Single -Family Electronics Recycling: The Base Contract eliminates electronics from the list
of recyclables. Under this alternative, the existing electronics recycling program would
be continued. The following electronics are collected by the current contractor: "Scrap
electronics that are no bigger than 2 feet by 2 feet per unit in size and less than 60 pounds
per unit, including computer equipment, VCRs, audio equipment, televisions, cell phones,
and other equipment containing circuit boards that are placed next to the Recycling Cart.
Scrap electronics do not include speakers, kitchen appliances, or other household
products as defined in the Contractor's promotional materials." Please provide the
monthly rate increase (+) per single-family garbage customer associated with this
alternative.
6. Provide New Carts at Start of Contract: The Base Contract assumes that the City will
transfer ownership of the garbage, recycling and compostables carts to the contractor at
Form 2 — Price Proposal Instructions 3 February 2022
the start of the new contract, and that the Contractor will continue to use those carts
until they require replacement. Under this alternative, all carts would be replaced as part
of mobilization under the new contract. Please provide the annual change (+/-) in your
initial year annual gross revenue requirement if this contract change were implemented.
7. Unlimited Commercial Recycling: The Base Contract assumes that commercial customers
will continue to receive recycling container capacity at 150% of their monthly garbage
volume. Under this alternative, that capacity limitation would be removed consistent
with recycling collection for other sectors, and all customers in all sectors will be eligible
for unlimited recycling as part of their garbage service. Please provide the cost of
providing this service expressed as a charge per yard of collected commercial garbage
each month (e.g. a two yard detachable container counts as [2 yards x 4.33 collections
per month] 8.66 yards of garbage per month).
8. Commodity Value Adjustment: The Base Contract anticipates a continuation of the
current approach for handling the costs and revenues associated with processing and
marketing collected recyclables, which placed all risk and reward with the contractor and
does not allow an adjustment in customer rates based on market value. Under this
alternative, the commodity value would be removed from customer base rates and
instead managed as a separate line item on customer bills. Please provide the annual
change (+/-) in your initial year annual gross revenue requirement if this contract change
were implemented and identify in your proposal the specific market index and commodity
adjustment protocol you would use to propose annual commodity rate adjustments to
the City. Note that all transportation and processing costs shall remain in customer base
rates under this alternative.
9. Alternative Service Fee Escalation Component (WST): The Base Contract includes an
aggregate Consumer Price Index escalator. Under this alternative, the BLS CPI
subcategory component for Water, Sewer and Trash would be substituted as the index
used to calculate annual service fee escalations. The floor and ceiling limits contained in
the draft contract would be retained with this alternative escalator. Please provide the
annual change (+/-) in your initial year annual gross revenue requirement if this contract
change were implemented.
10. Alternative Service Fee Escalation Component (CPI — no floor or cap): The Base Contract
includes a Consumer Price Index escalator with a floor of zero and a cap of 5% annual
increase. Under this alternative, the same CPI would be applied without a floor or cap to
mitigate inflation risk. Please provide the annual change (+/-) in your initial year annual
gross revenue requirement if this contract change were implemented.
11. Alternative Service Fee Escalation Component (Fixed 3.5%): The Base Contract includes a
Consumer Price Index escalator. Under this alternative, instead of a CPI index, a flat 3.5%
increase would be used to calculate annual service fee escalations. Please provide the
Form 2 — Price Proposal Instructions 4 February 2022
annual change (+/-) in your initial year annual gross revenue requirement if this contract
change were implemented.
Form 2 — Price Proposal Instructions 5 February 2022
Form 3
CONTRACTOR'S PROPOSAL DEPOSIT SURETY BOND to the City of Tukwila, Washington
We, , as Principal, existing under and by virtue of the laws of the
State of Washington and authorized to do business in the State of Washington, and
as Surety, organized and existing under the laws of the State of
, are held and firmly bound unto the City of Tukwila, a Washington
municipality, as Obligee, in the penal sum of $20,000, for the payment of which we jointly and
severally bind ourselves, and our legal representatives and successors.
WHEREAS, the Principal has submitted a proposal for solid waste collection to the City of Tukwila.
NOW THEREFORE, the condition of the obligation is such that if the Obligee shall accept the
proposal of Principal and make timely award to the Principal according to the terms of the RFP
documents; and the Principal shall, within ten days after notice of the award, exclusive of the day
of notice, enter into the Contract with the Obligee and furnish the contractor's bonds
(performance and payment bonds) with Surety satisfactory to the Obligee as specified in the
City's RFP and draft contract, then this obligation shall be null and void; otherwise if the Principal
fails to enter into the Contract and fails to furnish the contractor's bonds within ten days of notice
of award, exclusive of the day of notice, the amount of the proposal deposit shall be forfeited to
the Obligee, payable by the Surety; but in no event will the Surety's liability exceed the face
amount of this proposal security bond.
This bond may be executed in two original counterparts and shall be signed by the parties' duly
authorized officers. This bond will only be accepted if it is accompanied by a fully executed and
original power of attorney for the officer executing on behalf of the Surety.
PRINCIPAL (CONTRACTOR) SURETY
Principal Signature Date Surety Signature Date
Printed Name Printed Name
Title Title
Name, address, and telephone of local office/agent of Surety Company is:
Form 3 — Contractor's Proposal Deposit Surety Bond 1 February 2022
Form 4
IDENTIFICATION OF PERFORMANCE SECURITY
If the Proposer is awarded a Contract on this Proposal, the surety or other financial institution
that provides the letter of credit or other performance guarantee shall be:
whose address is
, whose
Street City State and Zip Code
telephone number is , and website address
is
Form 4 — Identification of Performance Security 1 November, 2021
Form 5
CERTIFICATION OF PROPOSAL - DECLARATION AND UNDERSTANDING
Proposer's Declaration and Understanding
The undersigned Proposer declares that the only persons or parties beneficially or financially
interested in this Proposal are those named herein; that this Proposal is, in all respects, fair and
without fraud; that it is made without collusion; and that the Proposal is made without any
connection or collusion with any person submitting another Proposal in connection with this RFP.
The Proposer declares that this Proposal is genuine and not made in the interest of or on behalf
of any undisclosed person, firm or corporation; this Proposal is not submitted in conformity with
any agreement or rules of any group, association, organization or corporation; the Proposer has
not directly or indirectly entered into any agreement, induced or solicited any other Proposer to
submit a false or sham Proposal; the Proposer has not solicited or induced any person, firm or
corporation to refrain from Proposing; the Proposer has not sought by collusion, fraud, deceit or
any unlawful act to obtain for itself any advantage over any other Proposer or over the City; and
Proposer has not otherwise taken any action in the restraint of free competitive proposals in
connection with the Services for which this Proposal is submitted.
The Proposer declares that it has familiarized itself with the nature and extent of the Base
Contract, the existing solid waste collection services, all local conditions and all other relevant
facilities, properties, laws and regulations that in any manner may affect cost, implementation,
progress, performance or furnishing of the Services. The Proposer has satisfied itself as to the
services and equipment to be provided, including the fact that the description of the services and
equipment is brief and is intended only to indicate the general nature of the Services, and that
this Proposal is made according to the provisions and under the terms and conditions of the Base
Contract, which is fully and completely incorporated into this Proposal by this reference.
The Proposer further acknowledges that it has satisfied itself as to the nature and location of the
solid waste handling services, the general and local conditions, particularly those bearing on the
availability of equipment, access, recycling and compostable material markets, disposal fees,
availability of labor, roads, and the uncertainties of weather or similar physical conditions in the
City, the character of equipment and facilities needed to execute the Services, and all other
matters that may in any way affect the Services or the cost thereof under the Base Contract.
The Proposer further acknowledges that it has satisfied itself as to the character, quality and
quantity of information provided by the City regarding the existing solid waste collection services
and solid waste system, and the Proposer has adequately investigated the City's customer base
and any additional information that may be provided by the City. Failure by the Proposer to
acquaint itself with the physical conditions of the City's customer base and all available
information shall not relieve it from responsibility for properly estimating the difficulty or cost of
successfully performing the Services and providing the equipment required under the Contract.
Form 5 — Cert. of Proposal — Dec. of Understanding 1 February 2022
The Proposer warrants that, as a result of its examination and investigation of all the data
referenced above, it can provide all Contract Services in a good, timely and workmanlike manner
and to the satisfaction of the City. The City assumes no responsibility for any representation
made by any of its officers, employees, representatives, or agents during or prior to the execution
of the Contract, unless (1) such representations are expressly stated in the Contract; and/or (2)
the Contract expressly provides that the City assumes the responsibility.
The Proposer has given the City written notice in a timely manner of all conflicts, errors, omissions
or discrepancies that it has discovered in the Proposal Documents and the written resolution
thereof by the City is acceptable to the Proposer.
Contract Execution, Performance Guarantees, and Insurance
If this Proposal is accepted, the Proposer proposes and agrees to enter into a Contract with the
City, in the form provided in the Proposal Documents and as revised via subsequent addenda, to
provide services and equipment ("Services") as specified or indicated in the Base Contract for the
prices and during the time period indicated in this Proposal and in accordance with the other
terms and conditions of the Base Contract.
The Proposer accepts all of the terms and conditions of the Proposal Documents, including,
without limitation, those dealing with the disposition of Proposal security. This Proposal will
remain subject to acceptance until 180 days following Proposal submittal. The Selected Proposer
shall sign and submit the Contract with the appropriate performance security and proof of
insurance acceptable to Tukwila within five (5) days of City Council approval of the Contract with
the successful Proposer.
Self -Reliance
The Proposer acknowledges that the information contained in this Proposal represents its
understanding of the City's existing solid waste collection services, terrain, streets, alleys,
container locations, recycling and compostables markets, and other conditions that could affect
the costs or operational efficiencies of fulfilling the Contract. In preparing this Proposal, the
Proposer acknowledges that it is solely responsible for its Proposal and that it has relied on its
own investigation and research.
Start of Services and Contract Term
If awarded a Contract, the Proposer agrees to commence all Services under the terms and
conditions of the Contract on November 1, 2023, and to continue providing services throughout
the term of the Contract as specified therein.
Unit Price
Form 5 — Cert. of Proposal — Dec. of Understanding 2 February 2022
Proposer shall invoice Customer's City -defined retail rates and shall be paid the Contractor -
defined wholesales rates identified on Form 2, as set forth under the provisions of the Base
Contract. Those wholesale rates encompass the Contractor's entire compensation for services
provided under the Contract.
Proposer charges (rates) may be adjusted upward or downward solely as provided in the Base
Contract. Generally, the Proposer shall be responsible for all real (non -inflationary) cost
increases, and may benefit from any real cost decreases, except as specifically agreed to in the
Contract. Proposer agrees that the per-unit served price and the price adjustments represent a
reasonable measure of the labor and materials required to provide the Services, including all
allowances for overhead and profit, and applicable taxes, fees and surcharges for such services.
Prices shall be given in U.S. dollars and cents.
Compliance with Process Integrity Requirements
Proposer hereby certifies it and its employees, officers, and officials have complied with the
Process Integrity Requirements as described in Section 2.16 of the RFP and further agrees to
comply with those Guidelines during the Proposal evaluation process.
Addenda
The Proposer below lists and acknowledges receipt of all Proposal Documents and of the
following addenda:
Addendum Number Date
Proposer agrees that all Addenda issued are part of the Contract, and Proposer further agrees
that its Proposal includes all Addenda.
Form 5 — Cert. of Proposal — Dec. of Understanding 3 February 2022
Identification and Authorization
The name of the Proposer submitting this Proposal is:
Doing business at:
Street
City
State Zip Code
which is the address to which all communications concerning this Proposal and the Contract will
be sent.
The names of the principal officers of the corporation submitting this Proposal, or of the
partnership, or of all persons interested in this Proposal as principals are as follows:
If the Proposer is a partnership, attach to this form and number appropriately a copy of its
partnership agreement. lithe Proposer is a corporation, attach to these form copies of its Articles
of Incorporation, bylaws and Certificate of Good Standing, as certified by the Secretary of the
Board of Directors.
If Sole Proprietor or Partnership
IN WITNESS hereto the undersigned has set its hand this day of , 2022.
Signature of Proposer
Title
Identification and Authorization 1 February 2022
If Corporation
IN WITNESS whereof the undersigned corporation has caused this instrument to be executed by
its duly authorized officers this day of , 2022.
Name of Corporation
By
Title
Attest (Authorized Officer)
Identification and Authorization 2 February 2022
SECTION 4: APPENDICES (Provided Electronically)
Appendix A:
Appendix B:
Appendix C:
Appendix D:
Base Draft Contract
Supporting Data
B.1 2022 Customer Rates
B.2 Service at City Facilities
B.3 2019-2021 Tonnage by Line of Business
Form 2 — Excel File
Industry Review Comments and Responses
Appendices PAGE 3 February 2022
COMPREHENSIVE
GARBAGE, RECYCLABLES, AND COMPOSTABLES
COLLECTION SERVICES
CONTRACT
City of Tukwila
and
XX
November 1, 2023 — October 31, 2033
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
RECITALS 1
AGREEMENT 1
1. DEFINITIONS 1
2. TERM OF CONTRACT 6
3. CONTRACTOR REPRESENTATIONS AND WARRANTIES 6
4. SCOPE OF WORK 7
4.1 GENERAL COLLECTION SYSTEM REQUIREMENTS 7
4.1.1 Service Area 7
4.1.2 Service to Residences on Private Roads and Driveways 8
4.1.3 Hours/Days of Collection 8
4.1.4 Employee Conduct 8
4.1.5 Disabled Persons Service 9
4.1.6 Holiday Schedules 9
4.1.7 Inclement Weather 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 Recyclables and Compost Processing 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 14
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 17
4.1.14.5 Container Weights 18
4.1.14.6 Container Removal Upon City or Customer Request 18
4.1.15 Spillage 18
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 21
4.1.20 Safeguarding Public and Private Facilities 22
4.1.21 Transition and Implementation of Contract 22
4.1.22 Performance Review 23
4.1.23 Continual Monitoring and Evaluation of Operations 23
4.1.24 Collection/Disposal Restrictions 24
4.1.25 Emergency Response 25
4.1.26 Vacation Service Stops 25
4.2 COLLECTION SERVICES 25
4.2.1 Single -Family Residence Garbage Collection 25
4.2.1.1 Subject Materials 25
4.2.1.2 Containers 26
4.2.1.3 Specific Collection Requirements 26
4.2.2 Single -Family Residence Recyclables Collection 27
4.2.2.1 Recyclable Materials 27
4.2.2.2 Containers 27
City of Tukwila ii February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
4.2.2.3 Specific Collection Requirements 27
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 29
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 31
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 32
4.2.9 Special Event Services 33
4.2.10 Municipal Services 33
4.2.10.1 Street Litter and Recycling 33
4.2.10.2 City Facilities 34
4.2.11 Community Events 35
4.2.12 On-call Bulky Waste Collection 35
4.2.13 Excluded Services 36
4.3 COLLECTION SUPPORT AND MANAGEMENT 36
4.3.1 General Customer Service 36
4.3.2 Specific Customer Service Requirements 36
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 38
4.3.2.6 Contractor Website and Mobile App 38
4.3.2.7 Full Knowledge of Garbage, Recyclables, and Compostables Programs Required 40
4.3.2.8 Customer Communications 40
4.3.3 Contractor's Customer Billing Responsibilities 40
4.3.4 Reporting 42
4.3.4.1 Monthly Reports 42
4.3.4.2 Annual Reports 43
4.3.4.3 Ad Hoc Reports 43
4.3.4.4 Other Reports 44
4.3.5 Promotion and Education 44
4.3.6 Transition to Next Contractor 45
5. COMPENSATION 45
5.1 COMPENSATION TO THE CONTRACTOR 45
5.1.1 Rates 46
City of Tukwila iii February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
5.1.2 Itemization on Invoices 46
5.2 COMPENSATION TO THE CITY 47
5.3 COMPENSATION ADJUSTMENTS 47
5.3.1 Initial and Annual CPI Service Component Modification 47
5.3.2 Changes in Disposal Fees 48
5.3.3 Changes in Disposal or Compostables Processing Sites 49
a/ r r r I"r
PI i/r U "/� /// �// � / r.; 49
j/�// j // //// iii , 1 49
%fit / ` /� /� / /�� ����J1X 50
5.3.5 New or Changes in Existing Taxes 51
5.3.6 Changes in Service Provision 51
5.4 CHANGE IN LAW 51
6. FAILURE TO PERFORM, REMEDIES, TERMINATION 51
6.1 PERFORMANCE FEES 51
6.2 CONTRACT DEFAULT 54
7. NOTICES 56
8. GENERAL TERMS 56
8.1 COLLECTION RIGHT 56
8.2 ACCESS TO RECORDS 56
8.3 INSURANCE 57
8.3.1 Minimum Scope of Insurance 57
8.3.2 Minimum Amounts of Insurance 58
8.3.3 Other Insurance Provisions 58
8.3.4 Acceptability of Insurers 58
8.3.5 Verification of Coverage 59
8.3.6 Subcontractors 59
8.4 PERFORMANCE BOND 59
8.5 INDEMNIFICATION 59
8.5.1 Indemnify and Hold Harmless 59
8.5.2 Process 60
8.6 CONFIDENTIALITY OF INFORMATION 60
8.7 ASSIGNMENT OF CONTRACT 60
8.7.1 Assignment or Pledge of Money by the Contractor 60
8.7.2 Assignment, Subcontracting, and Delegation of Duties 61
8.7.3 Change of Trade Name 61
8.8 LAWS TO GOVERN/VENUE 61
8.9 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 62
8.10 PERMITS AND LICENSES 62
8.11 RELATIONSHIP OF PARTIES 63
8.12 CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS 63
8.13 BANKRUPTCY 63
8.14 RIGHT TO RENEGOTIATE/AMEND 63
8.15 FORCE MAJEURE 63
8.16 SEVERABILITY 64
City of Tukwila iv February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
8.17 WAIVER 64
8.18 INCORPORATION OF CONTRACTOR'S PROPOSAL IN RESPONSE TO CITY'S RFP 64
8.19 DISPUTE RESOLUTION 65
8.20 ENTIRETY 65
EXHIBITS:
EXHIBIT A: Service Area
EXHIBIT B: Contractor Rates
EXHIBIT C: Recyclables List
EXHIBIT D: Rate Modification Example
EXHIBIT E: Commodity Value Calculation
City of Tukwila v February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
This Comprehensive Garbage, Recyclables, and Compostables Collection Services Contract
(hereafter, "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
"Date of Execution"), by and between the City of Tukwila, a municipal corporation (hereafter "City"), and
XX, Inc. (hereafter "Contractor").
RECITALS
WHEREAS, the City has conducted a competitive process to select a contractor to provide Garbage,
Recyclables, and Compostables collection services ("Services") to all residents, businesses, and institutions
located within the Service Area; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City
conducted a thorough and exhaustive competitive process; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City had
the right at anytime during the process to reject any or all of the competitors, regardless of their proposals
or prices; and
WHEREAS, having completed the competitive process, the City has selected the best candidate to provide
the Services outlined in the competitive process; and
WHEREAS, the Contractor represents and warrants that it has the experience, resources, and expertise
necessary to perform the Services as requested in the competitive process; and
WHEREAS, the City desires to enter into this Contract with the Contractor for the Services outlined in the
competitive process and included below;
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein
contained, the City and Contractor do agree as follows:
AGREEMENT
1. DEFINITIONS
The following definitions apply to terms used in this Contract:
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 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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), 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 of the term "City" may
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
unless disallowed by the Contractor's composting processor.
Contractor: XX, 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.
City of Tukwila 2 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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
Customer, convenient to the Contractor's equipment, and mutually agreed to by the City and Contractor.
Customer: All account -holders of the Contractor's services within the City as set forth 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: Excess material that does not fit in the Customer's primary Container. In the case of Garbage
and Compostables Cart services, an Extra Unit is thirty-two (32) gallons. In the case of Garbage Containers
one (1) cubic yard or more in capacity, an Extra Unit is either half (0.5) cubic yard or one (1) cubic yard.
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
City of Tukwila 3 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other
paper products accepted by the Contractor's selected composting site. Food Scraps shall not include dead
animals, plastics, diapers, cat litter, liquid wastes, ashes, pet wastes, or other materials prohibited by the
selected composting facility. The range of 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. Needles or "sharps" used for the administration of medication can be included
in the definition of "Garbage," provided that they are placed within a sealed, secure container as agreed
upon by the City and the Contractor and this handling is consistent with current King County sharps policy.
The term "Garbage" shall not include Hazardous Waste, Source -separated Recyclable materials, or
Source -separated Com posta bles.
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
Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid
Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.,
as may be amended; or any other federal statute or regulation governing the treatment, storage,
handling, or disposal of waste imposing special handling or disposal requirements similar to those
required by Subtitle C of RCRA;
B. Defined as dangerous or extremely hazardous by WAC 173-303-040, as may be amended, and
regulated as dangerous waste or extremely hazardous waste by the Washington State
Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW,
or any other State statute, regulation or rule governing the treatment, storage, handling, or
disposal of wastes and imposing special handling requirements similar to those required by
Chapter 70.105 RCW; and
C. Any substance that comes within the scope of this definition as determined by the City after the
Date of Execution of this Contract.
Any substance that ceases to fall within this definition as determined by the City after the Date of
Execution of this Contract shall not be deemed to be Hazardous Waste.
King County Disposal System: The 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
City of Tukwila 4 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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's 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 part of 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.
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.
City of Tukwila 5 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
State: The State of Washington.
Strike Contingency Plan: The plan the Contractor will develop pursuant to Section 4.1.18 of this Contract.
Transition and Implementation Plan: The plan that the Contractor will develop pursuant to Section 4.1.21
of this Contract.
Unacceptable Waste: 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
"Yard Debris" may also be used to contain 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
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.
City of Tukwila 6 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection 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
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.
City of Tukwila 7 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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
the Contractor's service in such annexed territory under this Contract.
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
Contractor's vehicles, 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
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
City of Tukwila 8 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The Contractor's employees collecting Garbage, Recyclables, or Compostables shall at all times be
courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their work
without delay, minimize noise, and avoid damage to public and private property. The Contractor's crews
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's option and direction, Contractor employees shall work with groups or organizations, such as
neighborhood community organizations, homeowner associations, or the City's Utilities, Police, or Fire
Departments, for training to recognize and call the appropriate agency when suspicious activities are
observed.
If any person employed by the Contractor to perform collection services is, in the opinion of the City,
incompetent, disorderly, or otherwise unsatisfactory, the City shall promptly document the incompetent,
disorderly, or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a
demand that such conduct be corrected. The Contractor shall promptly investigate any written complaint
from the City regarding any unsatisfactory performance by any of its employees and take immediate
corrective action. The City reserves the right to request at any time that the 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 the City's disabled residents 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.
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
information shall be included in written program materials, on the Contractor's website, on the
Contractor's social media accounts, and by press releases to general news media in the Service Area by
the Contractor the week prior to the holiday affecting service.
City of Tukwila 9 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4.1.7 Inclement Weather and Other Service Disruptions
When weather conditions are such that continued operation would result in danger to the Contractor's
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.
When closure of roadways providing access or other non -weather related events beyond the Contractor's
control prevent timely collection on the scheduled day, the Contractor shall make collections on the first
day that regular service to a Customer resumes, collect reasonable accumulated volumes of materials
equal to what would have been collected on the missed collection day(s) from Customers at no extra
charge. Following notification to the City, the Contractor will be provided temporary authorization to
perform collection services after 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.
City of Tukwila 10 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4.1.8 Suspending Collection from Problem Customers
The City and Contractor acknowledge that, in rare cases, some Customers may cause disruptions or
conflicts that make continued service to that Customer 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
damage to a Customer's property, 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 of the Contractor's
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
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.
City of Tukwila 11 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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 of the City's
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
contamination and leave an "oops" tag, noting the specific contamination for the Customer. 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
in Customers' Recyclables and Compostables Containers. The Contractor's program shall include
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
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.
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 Customer's Container.
City of Tukwila 12 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4.1.12 Routing, Notification and Approval
The Contractor shall indicate, on a map acceptable to the City, the day of the week Garbage, Recyclables,
and Compostables shall be collected from each Single-family Residence.
The Contractor may change the day of collection by giving notice at least thirty (30) Days prior to the
effective date of the proposed change to and obtaining written approval from the City. On the City's
approval, the Contractor shall provide affected Customers with at least fourteen (14) Days written, 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
reported in the Contractor's monthly report.
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,
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
City of Tukwila 13 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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.
All collection vehicles shall be labeled with signs on both the front and driver's side door and the rear of
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
on Contractor vehicles other than the Contractor's name, logo and Customer Service phone number and
website address, unless otherwise previously approved in writing by the City. Special promotional
messages may be permitted, upon the City's prior written approval. The City's approval shall be in writing
and solely within the City's discretion. In 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, in lettering at least 12"
high, an abbreviated truck designation number specific to the Contractor's operating division, for example
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 documentation of route exceptions. The Contractor's drivers
shall be fully trained and required to use these systems. The resulting data shall be uploaded to the
Contractor's Customer Service database no less than 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
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 -
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
box Containers, which may be Customer -owned or Customer -leased from other parties. Plastic bags or
Cans may be used for excess volumes of Garbage, but not as a Customer's primary container.
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 -on, imprinted, or otherwise permanently labeled with the Contractor's logo or company name
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), forty-five (45), sixty-four (64),
and ninety-six (96) gallon Garbage Carts for the respective level of Garbage collection, thirty-two (32),
sixty-four (64), and ninety-six (96) gallon Recycling Carts for Recyclables collection, and thirty-two (32),
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) Days of the Customer's initial request. 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.
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
Contractor's service personnel. Repairs shall then be made within seven (7) Days at the Contractor's
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.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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
forward in writing the Customer's name and address to the City. The City shall then attempt to resolve
the problem. In the event that the problem continues, the Contractor may 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), twenty (20), 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 Customer's request. Containers shall
be located on the premises in compliance with any related ordinance, and a manner satisfactory to the
Customer and for collection by the Contractor.
The Contractor shall charge rent for temporary and permanent Drop -box Container service in accordance
with Exhibit B. The Contractor may not charge Customers any additional fees, charges, rates, or any
expenses in connection with Drop -box Container service other than the applicable fees listed in Exhibit B.
Detachable Containers shall be watertight and equipped with tight -fitting metal or plastic covers; have
four (4) wheels for Containers 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.
Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary), at the Contractor's
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, all Containers on Customers' premises are at the Contractor's
risk and not the City's. The Contractor shall repair or replace within one (1) business day any Container
that was supplied by or taken over by the Contractor and was in use if the City Code Compliance Inspector,
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
Customer as to what constitutes a "significantly sloped hill" or a "safety hazard" shall be submitted in
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
writing to the City, and the City's decision shall be final. Containers shall be replaced after emptying in the
same location as found, with 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
(including Carts) are compatible with the Contractor's collection equipment. However, Containers owned
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
compatible with the Contractor's equipment.
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
reserve at the Contractor's yard and not actively in service at a Customer location are excluded from this
provision.
The City may elect to assign this potential ownership of said Containers to a third -party, and shall provide
written notice to the Contractor. Any remaining warranties associated with the Containers described
herein shall be transferred to the City or the City's assignee.
The City in advance accepts all such Containers in their "as -is, where -is" condition and without any express
or implied warranty by the Contractor of any kind, including but not limited to any warranty of fitness for
any particular purpose or any warranty of merchantability. As between the City and the Contractor, the
City assumes all risks of loss or liability on account of the City's exercising of its rights under this Section
4.1.14.3 or any use made of any such Containers after they become the property of the City or assignee
of the City.
4.1.14.4 Container Colors and Labeling
Contractor -provided Carts and Detachable Containers for Recyclables shall be blue, Compostables Carts
shall be grey, and Carts and Detachable Containers for Garbage shall be green. Specific Container colors
shall be approved in writing by the City prior to the Contractor's order of new Containers.
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
the City's previous contractor shall be washed and relabeled within sixty (60) Days of the start of collection
services under this Contract. All labels shall be approved by the City prior to ordering by the Contractor.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Location of the label on Containers shall be subject to the City's prior approval. Labels shall be replaced
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. The City shall reimburse the Contractor the Contractor's cost of applying
the City's labels.
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's prior written approval.
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's
request for any individual Container.
4.1.14.5 Container Weights
The Contractor shall not be required to lift or remove materials from any Container exceeding the safe
working capacity of the Container, lifting mechanism, or collection vehicle. For Drop -box Containers, the
combined weight of the Drop -Box and contents must not cause the collection vehicle to exceed legal road
weight limits.
Any loose Extra Units 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
owner, or the City's 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
composting). The disposal or recycling of materials accumulating in the Contractor's Container at the
former Customer's location after the final Customer -paid collection shall be at the Contractor's, not
Customer's cost. Failure to remove Containers within the specified timeline shall be subject to the same
performance fees as delayed Container delivery for that Customer sector.
4.1.15 Spillage
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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 the Contractor's
knowledge of the leakage or spillage at its sole expense. Any associated spillage or leakage entering the
City's municipal storm system shall be cleaned promptly by Contractor staff, to the extent possible. The
Contractor shall be responsible for all City's costs in the event that City staff or contractors are required
for spill containment or cleaning due to the Contractor's action. 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
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 City's request. 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
City of Tukwila 19 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
(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
to labor actions that could compromise the Contractor's performance under this Contract. The planned
response will take the form of a Contractor -prepared Strike Contingency Plan and shall address in detail:
1. The Contractor's specific staffing plan to cover Contract Services, including identification of staff
resources moved from out -of -area operations and the use of local management staff to provide
basic services. The staffing plan shall be sufficient to provide recovery of full operations within
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
shall list the property owner/lessee's contact information and the date on which permission for
temporary use was received. The City shall review these locations, after which the City shall
approve or deny in writing use of specific locations.
4. A recovery plan to address how materials will be collected in the event of a short -notice disruption
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.
The Contractor shall keep the City informed of the status of active labor negotiations affecting the Services
hereunder on a daily basis, specifically during the period surrounding the end of employee contracts with
Contractor employees. In the event that labor disruptions of any kind cause reductions in service delivery,
the Contractor shall inform the City within three (3) hours by phone and e-mail of the nature and scope
of the disruption, as well as the Contractor's immediate plans to activate 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.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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
Customers' pro -rata regular rate minus the disposal component on the Customer's next regular invoice.
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 (1st) day to the seventh (7th) 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 (8th) day to fourteenth (14th) 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 (14th) 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.
The Contractor's failure to comply with the Contractor -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 for the Contractor's
failure to plan and execute the provisions of this section. The special fee shall be paid to the City within
thirty (30) Days of the Contractor's receipt of the City's invoice.
Fees paid by the Contractor under the terms of this Section 4.1.18 are not regular performance fees for
the purposes of Section 6.1 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
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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's operations,
Contractor shall notify the City in writing of all damage within four (4) hours, and Contractor shall repair
or replace the same or pay the City for the costs of repairs, including overhead and administrative costs.
If the damage creates 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 City's input and prior written approval, and submit to the 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
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.
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Comprehensive Garbage, Recyclables, and Compostables Collection 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,
at the Contractor's cost, and subject to the City's prior review and written approval and the City's final
approval as to method of delivery. 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
be provided a minimum of two (2) weeks to review any of the materials included in the Contractor's
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
Contractor's performance under this Contract. If conducted, the performance review shall include, but is
not limited to, a review of the Contractor's performance relative to requirements and standards
established in this Contract, including Customer Service standards. The Contractor agrees to fully
cooperate with the performance review and work with City staff and consultants to ensure a timely and
complete review process.
The results of the performance review shall be presented to the Contractor within thirty (30) Days of
completion. Should the City determine that the Contractor fails to meet the Contract performance
requirements and standards, the City shall give the Contractor written notice of all deficiencies. The
Contractor shall have sixty (60) Days from its receipt of notice to correct deficiencies to the City's
satisfaction. If the Contractor fails to correct deficiencies within sixty (60) Days, the City may allow the
Contractor additional time to comply, accept other remedies for the service failure or proceed with the
contract default process pursuant to Section 6.2 of this Contract, at the City's sole option.
The costs of the development and implementation of any action plan required under this Section 4.1.22
or Section 6.1 for the purpose of addressing failures on the part of the Contractor to perform in
accordance with the terms and conditions of this Contract shall be paid for solely by the Contractor, and
the costs of developing or implementing such action plan 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
incentives. If such a program is desired by the City, the City and Contractor agree to negotiate in good
faith the monitoring methodologies used to ensure accurate and unbiased sampling of performance data.
The City shall bear the costs of City staff, City -retained consultants and performance incentives (if used)
and the Contractor shall bear the costs of Contractor staff and route costs to perform the monitoring.
4.1.23 Continual Monitoring and Evaluation of Operations
The Contractor's supervisory and management staff shall be available to meet with the City in person or
via phone/video conference, at the City's option, on a weekly basis during the period three (3) months
City of Tukwila 23 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
before and two (2) months after the Date of Commencement of Service and monthly throughout the term
of the Contract to discuss operational and Contract issues.
The Contractor shall continually monitor and evaluate all operations to ensure that compliance with the
provisions of this Contract is maintained.
The City may periodically monitor collection system parameters such as participation, Container
condition, contents weights, and waste composition. The Contractor shall assist and fully cooperate with
the City by coordinating the Contractor's operations with the City's periodic monitoring to minimize
inconvenience to Customers, the City, and the Contractor. The Contractor also shall provide full access to
equipment, processing facilities, route and Customer Service data, safety records, and other applicable
information. The City's review of Contractor activities and records shall occur during normal Office Hours
and shall be supervised by the Contractor's staff.
4.1.24 Collection/Disposal Restrictions
Unless otherwise directed by the City, all Garbage collected under this Contract, as well as residues from
processing Recyclables and Compostables (to the extent required for the City to comply with its Solid
Waste Interlocal Agreement with 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
Yard Debris mixed with Garbage for collection. Contractor's awareness, knowing, or intentional collection
of Garbage mixed with visible Yard Debris shall be grounds for performance fees as provided in Section
6.1. Contractor shall be liable and legally responsible for the Contractor's awareness, knowing, or
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 City's and Contractor's attempts to prevent the inclusion of such
materials shall not pass to Contractor, but shall remain with the party from whom such Unacceptable
Waste or any such other materials or substances is received.
Garbage collected by the Contractor may be processed by the Contractor to recover recyclable material;
provided, however, that the residual is appropriately disposed of within the King County Disposal System.
The processing of such Recyclable material shall only be undertaken with the prior written approval of 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
City of Tukwila 24 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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's prior written approval and any standards established by the Federal Emergency
Management Agency (FEMA), and at the City's request, shall assist the City in developing any reports or
applications necessary to seek federal assistance during or after a federally -declared disaster.
4.1.26 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
meet the Contractor's standards for employment. Nothing in this section is intended to create any third
party rights under this Contract.
Upon the hiring of a displaced collection worker represented by Teamsters Local 117 or 174, the
Contractor shall be required to keep the displaced worker whole in regard to the workers' pay and benefit
accruals earned as of the date of displacement. To the extent application of the Contractor's collective
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
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
City of Tukwila 25 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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) Days of the Customer's initial request. Each Customer's initial
Container must be a Contractor -provided Container, provided that Garbage in excess of the Customer's
initial Container may be bundled or placed in a Customer -owned Can or plastic bag.
4.2.1.3 Specific Collection Requirements
The Contractor shall offer regular weekly collection of the following service levels:
1. Ten (10) gallon Micro -can;
2. Twenty (20) gallon Garbage Cart;
3. Thirty-two (32) 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) 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.
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 prior to that Customer's regular collection. 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.
City of Tukwila 26 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The Contractor shall offer Single -Family Residential Customers an On -Call clean-up program that allows
each Single -Family Customer to place up to one (1) cubic yard of Garbage once each year at the Curb for
collection on the Customer's regular collection day, provided that any individual item is no larger than
three feet (3') by three feet (3'), plus two (2) 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 made that allow additional materials to be recycled at no additional cost to the
Contractor, the Contractor agrees to expand the defined list of Residential Recyclables to cover such
materials, subject to prior written approval by the City. The Contractor shall collect Curbside prepared
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) 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.
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) Days of the Customer's initial request.
4.2.2.3 Specific Collection Requirements
Single -Family Residence Recyclables collection shall occur every -other -week on the same day as each
household's Garbage and Compostables collection. Collections shall be made from Residences on a
regular schedule on the same day and as close to a consistent time as possible. The Contractor shall collect
on Public Streets and Private Roads in the same location as Garbage collection Service.
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' Recycling Cart. 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 Container's contents as Recycling. Recyclables must be prepared
City of Tukwila 27 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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 Compostable service Customers. 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) gallon and sixty-
four (64) gallon sizes available upon request. The first Compostables Carts shall be provided as part of the
service. A second Compostables Cart may be rented from the Contractor, at the rental rate provided in
Exhibit B.
Compostables Carts shall be delivered by the Contractor to Customers within seven (7) Days of the
Customer's initial request. 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 thirty-two (32) gallon
increments in accordance with Exhibit B.
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 Container's contents as Yard Debris. Food 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
City of Tukwila 28 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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 collected by the Contractor unless the Container is incompatible with the Contractor's equipment. The
Contractor shall provide locks for Containers at no additional charge upon Lustorneror il 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.
Containers shall be delivered by the Contractor to requesting Multifamily and Commercial Customers
within three (3) business days of the Customer's initial request.
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. The Contractor's crews shall make collections in
an orderly and quiet manner, and shall return Containers after emptying to the same location as found,
with their lids closed.
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
City of Tukwila 29 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
(25') 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 (25') to reach the collection vehicle at its nearest point of
access. Customers with hard -to -access Containers requiring the Contractor to wait for Customer
Container relocation or requiring Contractor's use of specialized equipment for Container relocation may
charge those Customers additional access fees and/or hourly fees consistent with Exhibit 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 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 us op:n pry or oty
request. Containers used for the collection of Recyclables shall be delivered by the Contractor to
requesting Customers within three (3) business days of the Customer's initial request.
4.2.5.3 Specific Collection Requirements
Multifamily and Commercial Recyclables collection shall occur at least weekly or more frequently (but
ideally not more than three times per week) if space constraints preclude providing sufficient weekly
capacity. Collections shall be made on a regular schedule on the same day(s) of the week and as close to
a consistent time as possible. The Contractor's crews shall make collections in an orderly and quiet
manner, and shall return Containers after emptying to the same location as found, with their lids closed.
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
that Customer's weekly Garbage collection volume. For example, a Customer with a weekly four (4) cubic
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.
City of Tukwila 30 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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
(25') 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 (25') to reach the collection vehicle at its nearest
point of access. Customers with hard -to -access Containers requiring the Contractor to wait for Customer
Container relocation or requiring Contractor's use of specialized equipment for Container relocation may
charge those Customers additional access fees and/or hourly fees consistent with Exhibit 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
Customer, subject to that Customer's continued 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) gallon, sixty-four (64) gallon, and ninety-six (96) gallon Compostable Carts 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 days of a Customer's initial request.
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. The Contractor's crews shall make
collections in an orderly and quiet manner, and shall return Containers after emptying to the same
location as found, with their lids closed.
City of Tukwila 31 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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 Contractor unless the Container is incompatible with the Contractor's
equipment.
The Contractor shall maintain a sufficient Drop -box Container inventory to provide delivery of empty
Containers by the Contractor to new and temporary Customers within three (3) business days after the
Customer's initial request.
4.2.7.3 Specific Collection Requirements
The Contractor shall provide dispatch service and equipment capable of collecting full Drop -box
Containers on the same business day if the Customer's initial request is received by the call center before
or at 10:00 a.m. PST, and no later than the next business day if the Customer's initial call is received by
the call center after 10:00 a.m. PST. At the Customer's request, the Contractor shall deliver an empty
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
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The Contractor shall maintain a sufficient Container inventory, including Detachable Container and Drop -
box Containers, to provide delivery of empty Containers by the Contractor to temporary Customers within
three (3) business days after the Customer's initial request. The charges for temporary Detachable
Container service as listed in Exhibit 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.
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
of services, limit the provision of services to additional facilities, or adjust Contractor's rates to 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.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
In addition, the Contractor shall provide eight (8) hours or street custodial services (pressure washing,
graffiti removal and litter control) in areas designated by the City on a scheduled monthly basis at no
additional charge.
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
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
Way Back Inn
15421 42nd Ave S
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.
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February 2022
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. Non -
municipal long-term tenants 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 support 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 provide up to two drop-off recycling collection event scheduled each year for City
residents (proof of residency required) located within the Service Area. The event will be 6 hours in
duration and Contractor will need to provide sufficient time for event set up and take down. At the event,
the Contractor shall provide sufficient trucks and/or detachable containers for: cardboard (one 40 -yard -
or smaller roll -off container); bulky wood/yard debris (one 40 -yard roll -off container and an additional if
needed); scrap metal/appliances (two 40 -yard roll -off containers, and an additional if needed; and other
items if requested by the City.
The Contractor shall work with the City to provide event promotion to City residents. The Contractor shall
provide all equipment, staffing, transportation, and recycling and/or disposal fees at no additional charge
to the City. The contractor shall make every effort to recycle items collected as part of the event (weight
slips will be required from recycling centers/disposal locations). The Contractor shall be responsible for
leaving the event location clean and orderly after the event and remove all materials brought in by City
residents.
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.
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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 for Customers. The Contractor's crews shall make collections in an orderly, non -
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. Requesting at start of service Customer's preference for 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;
6. Dispatching Drop -box Containers, temporary Containers, and special collections;
7. Billing;
8. Maintaining and updating regularly as necessary a user-friendly internet website; and
9. Maintaining and updating regularly as necessary a user-friendly mobile app.
These functions shall be provided at the Contractor's sole cost, with such costs included in Contractor
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
Contractor's 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.
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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
reach the Contractor's staff via the emergency phone numbers shall be cause for performance fees in
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
(41 month after the Date of Commencement of Service, to ensure that sufficient staffing is available to
minimize Customer waits and inconvenience. The Contractor shall receive no additional compensation for
increased staffing levels during the transition and implementation period. Staffing levels during the
transition and implementation period shall be subject to the City's prior review and approval.
4.3.2.2 City Customer Service
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's
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.
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4.3.2.3 Service Recipient Complaints and Requests
The Contractor shall record all complaints and service requests, regardless of how received, including
date, time, Customer's name and address, if the Customer is willing to give this information, method of
transmittal, and nature, date and manner of resolution of the complaint or service request in a
computerized daily log. Any 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 Contractor's efforts to resolve the complaint or request.
The Customer Service log shall be available for inspection by the City, or its designated representatives,
during the Contractor's Office Hours, and shall be in a format approved by the City. The Contractor shall
provide a copy of this log in an electronic format 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
Contractor's Customer Service phone number during Office Hours without navigating an automated
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 and Mobile App
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The Contractor shall maintain a website and mobile app containing information specific to the City's
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 and mobile app shall provide the following functions for Customers to:
1. Obtain day -of -service information;
2. Report issues and receive a tracking number 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 and mobile app 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's prior approval throughout the term of this Contract. The Contractor
shall provide among its local staff a knowledgeable and proficient communications manager that is
responsive to the City's request(s) for changes to the Contractor's website/"app." 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 situation (such as an inclement weather event, windstorm, or event
preventing access to a Customer's 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 mobile app, and provide links to the City's
website, checking on a regular basis that all links are current. The website and mobile app shall include
information requested by the City translated into a minimum of four (4) languages including English and
Spanish. Upon the City's request, the Contractor shall provide a website and mobile app 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. Any
Customer data collected in the course of performing functions of this Contract shall be provided to the
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
City upon request, but shall not be sold or otherwise provided to any other party, including affiliates of
the Contractor.
4.3.2.7 Full Knowledge of Garbage, Recyclables, and Compostables Programs Required
The Contractor's Customer Service representatives shall be fully knowledgeable of all collection services
available to Customers, including the various services available to Single -Family Residence, Multifamily
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.
The Contractor's Customer 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.
The City and Contractor recognize that Customer preferences for their method of communication may
change during the Term of this Contract and agree to adjust Customer Service expectations to match
Customer preferences. For example, if call traffic to the Contractor's phone -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.
4.3.3 Contractor's Customer Billing Responsibilities
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 shall be billed monthly. In no case shall a Customer's invoice
be past due prior to the receipt of all services covered by the billing period. The Contractor's billing cycle
parameters include, but are not limited to the service period, invoice date, due date, late fee date,
reminder date(s), Container removal and stop -service date. The City reserves the right to review and
provide feedback on the bill template used by the Contractor as to format and design to ensure Customer
satisfaction. The Contractor shall evaluate and may incorporate the City's recommendations in good faith.
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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
late payments and "non -sufficient funds" check charges, as well as the costs of bad debt collection, under
policies and amounts that have been previously approved in writing by the City. The Contractor may stop
service to delinquent accounts with the prior approval of the City.
The Contractor shall offer paperless billing, including an autopay/electronic notification function that
allows Customer to set up autopay and receive an e-mail or text notification of the amount and draw date
of the payment, without requiring the Customer to navigate to the Contractor's website to obtain that
information.
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 statement indicating the Customer's current service
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
Compostables collected, place an additional charge on the Customer's bill for the excess
collection, and charge for additional services requested and delivered. This system shall maintain
a Customer's historical account data for a period of not less than six (6) years from the end of the
fiscal year in accordance with the City's record retention policy, and in a manner that is
instantaneously accessible to Customer Service representatives needing to refer to Customer
Service data and history;
10. Accepting and responding to Customer requests for service level changes, missed or inadequate
collection services, and additional services;
11. Collecting unpaid charges from Customers for collection services; and
12. 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.
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Upon seven (7) Days written notice, the Contractor shall provide the City with a paper and/or electronic
copy at the City's discretion of the requested Customer information and history, including but not limited
to Customer names, service and mailing addresses, contact information, service levels, and current
account status.
4.3.4 Reporting
The Contractor shall provide monthly, annual, and ad hoc reports to the City. The Contractor report
formats may be modified from time to time at the City's request at no 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.
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 (211 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. Report from the Contractor's Customer Service phone system showing total call volume, total
calls answered, and average speed of answer.
4. Website utilization report showing total number of Customers managing their services on-line,
total number of messages received via website, data on site usage, and other data or information
as the City may require for internal reporting purposes.
5. A summary of total Garbage, Recyclables, and Compostables quantities collected (in tons) for each
collection sector by month and year-to-date. The summary shall include program participation
statistics including: a summary of Multifamily 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.
6. 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.
7. A list of Commercial Customers with Recyclables collection, including monthly Garbage Container
capacity, monthly Recyclables Container capacity, percentage of available (150% threshold)
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Recyclables collection service utilized, and the amount of additional paid Recyclables capacity
arranged by any Customer.
8. A description of any vehicle accidents, infractions, and reported leaks.
9. 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.
10. 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.
11. 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
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.
The annual report shall be specific to the City's operations, written in a format appropriate for contract
management and shall not be a generalized listing of Contractor activities in the region or elsewhere.
4.3.4.3 Ad Hoc Reports
The City may request and receive from the Contractor up to six (6) ad hoc reports each year, at no
additional charge to the City. These reports may include Customer Service database tabulations to identify
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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.
4.3.5 Promotion and Education
The Contractor, at its own cost and at the direction of the City, shall have primary responsibility for
developing, designing, executing, and distributing public promotion, education, and outreach programs.
The Contractor shall also have primary responsibility for Customer recruitment, providing annual service-
oriented information and outreach to Customers, distributing City -developed promotional and
educational pieces at the City's direction, and implementing ongoing recycling promotions, education,
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 September, the City and Contractor shall jointly plan the Contractor's specific promotion and
education program for the following year, including adjustments in materials and/or targeted audiences
and revisions to the Contractor's contamination reduction program (Section 4.1.11.1). 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 spoken by over five percent (5%) of the City's population.
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
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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
changes shall be completed at Contractor's expense.
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 posted on the Contractor's website with file size not to exceed 2 MB each.
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's previous contractor to the City's new
Contractor.
In the event that the City does not elect to retain the Contractor's Containers pursuant to Section 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 City's request.
Failure to fully comply with this Section 4.3.6 shall result in the forfeiture of the Contractor's performance
bond, at the City's discretion.
5. COMPENSATION
5.1 Compensation to the Contractor
City of Tukwila 45 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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-
family Residential Customers meeting the City's eligibility criteria. The City shall provide the Contractor
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. Upon the City's written approval,
the Contractor may provide the requested services. In no case shall the Contractor provide unauthorized
services or charge unauthorized rates.
5.1.2 Itemization on Invoices
All applicable City, County, and 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.
The County disposal fee as it exists on the date of execution or as thereafter modified shall be itemized
separately on Customer invoices with charges for Drop -box Container service. The Contractor shall charge
Drop -box Customers the actual disposal cost without mark-up plus the current state excise tax on the
disposal component.
City of Tukwila 46 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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.
The Contractor shall also pay to the City an Administrative Fee of X% on or before the fifteenth(15t") 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 disposal fees. The Contractor's obligations to pay
the Administrative Fee shall survive the termination date of this Contract until the Contractor is no longer
receiving payments from Customers for services provided under this Contract.
The Contractor shall fully participate with any City billing audit to confirm the Contractor's Customer
receipts during any accounting period during the term of the Contract. The audit shall be confined to
confirming Customer billing rates, Contractor receipts for services provided under this Contract and bad
debt recovery.
The City may 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
the Contactor of the new Administrative Fee for the following year by September 1St, and the Contractor
shall itemize and include the appropriate adjustment in its Rate Adjustment Statement provided October
1st 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
The collection fee component of the Contractor's service 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
City of Tukwila 47 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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 30th of the previous year that the request for increase is made. For
example, an adjustment to the Contractor's collection 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, 2025, Contractor's collection fee component shall be adjusted annually pursuant to
this section. The Contractor shall submit in writing and electronic form to the City for review and
verification a Rate Adjustment Statement, calculating the new rates for the next year, on or by October
1st 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
following year's CPI adjustment.
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 1St, the City
shall calculate and unilaterally implement a rate adjustment based on the best available information as of
October 1st of that year for the applicable period and the Contractor may not appeal this action. On the
City's review and verification, absent any City exception to the Contractor's calculations, the new rates
shall take effect on January 1st 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 Disposal Fees
Periodic adjustments shall be made to the disposal fee component of the Contractor's service fees
contained in Exhibit B to reflect increases or decreases in County disposal fees for Garbage. In the event
of a change in the County disposal fees, the disposal fee component of each service fee charged to
Customers shall be adjusted by the percentage increase or decrease in the County disposal fees. Disposal
fee changes shall be effective on the date of the County's implementation, provided that the Contractor
has provided Customers forty-five (45)Days notification. An example of rate modifications due to Garbage
disposal fee changes is 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
City of Tukwila 48 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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.
Reserved Paragraph or subsection: Need to address KC shift from disposal fees to fixed fee + variable
tipping fee. Implementation in 2023? Issues: reduction in TF, distribution/basis for fixed fee allocation,
auditing, under/over collection from customers, etc. Complete this in final version, if available.
5.3.3 Changes in Disposal or Compostables Processing Sites
If the Contractor is required by the City or other governmental authority to use Garbage disposal or
Compostables processing sites other than those being used at the initiation of this Contract, the
Contractor shall submit a detailed proposal for the adjustment of the rates to reflect any additional cost
or savings to the Contractor. It is intended that the Contractor's rates pursuant to this Contract in such a
case will be adjusted so as to pass through any resulting additional costs incurred by the Contractor to the
Contractor or any additional savings to the Contractor to the City. The City and Contractor agree to
negotiate in good faith to make any changes to the rates to accomplish a pass-through of any such costs
or savings.
If the Contractor is no longer be able to find a processing site for all collected Compostables, after a good
faith effort to locate a processing facility acceptable to the City, the City reserves the right to drop the
collection of affected components of Compostables, such as Food Scraps, from the Contract and the City
and the Contractor shall negotiate rate reduction in good faith to reflect the reduction in service. If the
Contractor is subsequently able to find a processing site for Compostables or the site that was originally
used for processing Compostables is able to resume taking the dropped materials, the City reserves the
right to reinstate the collection of those materials and to reverse the previously agreed rate reduction for
the reduction in service.
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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 are changed, or new road or bridge tolls necessarily affecting the Contractor's
operations under this Contract imposed after the Date of Execution of this Contract, and the impact of
these changes results in increased or decreased Contractor costs in excess of five thousand dollars
($5,000) in the aggregate annually, the Contractor shall submit a detailed proposal for the adjustment of
the rates to reflect any additional costs or savings to the Contractor. It is intended that the Contractor's
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 and the Contractor's Customers shall receive the benefit of
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
Except to the extent addressed otherwise in this Contract, changes in federal, State, or local laws or
regulations that result in a detrimental change in circumstances or a material hardship for the Contractor
in performing this Contract may be the subject of a request by the Contractor for a rate adjustment,
subject to review and approval by the City, with such approval not to be unreasonably withheld. If the City
requires review of financial or other information in conducting its rate review under this provision, then
the City may retain a third -party to review such information at the Contractor's expense, taking whatever
steps are appropriate and lawful to protect the Contractor's documents identified as confidential and
proprietary by the Contractor.
6. FAILURE TO PERFORM, REMEDIES, TERMINATION
The City expects high levels of Customer Service and collection service provision. Performance failures
shall be discouraged, to the extent possible, through specific performance fees for certain infractions and
through Contract default for more serious lapses in service provision. Section 6.1 details infractions
subject to performance fees and Section 6.2 details default provisions and procedures.
6.1 Performance Fees
The City reserves the right to make periodic, unscheduled inspection visits to determine the Contractor's
compliance with the provisions and requirements of this Contract. In the event that the City's inspection
reveals that the Contractor has failed to satisfactorily perform any duties of this Contract, the City shall
City of Tukwila 51 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
present an incident report to the Contractor detailing such unsatisfactory performance. The Contractor
and the City agree that upon receiving such report, the Contractor shall pay the following dollar amounts,
not as a penalty, but as performance fees for failure to satisfactorily perform its duties under this Contract.
The City and the Contractor agree that the City's damages would be difficult to prove in any litigation and
that these dollar amounts are a reasonable estimate of the damages sustained by the City as a result of
the Contractor's failure to satisfactorily perform its duties under this Contract. The performance fees in
this Section 6.1 shall not apply to the service impacts of Labor Disruptions, as separate performance fees
shall apply under those circumstances, as described in Section 4.2.10.
Performance fees shall include:
City of Tukwila 52
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
February 2022
Action or Omission
Performance fees
1
Collection before or after the times specified in Section
4.1.3, except as expressly permitted in writing.
Five hundred dollars ($500) per
incident (each vehicle on each
route is a separate incident).
2
Repetition of complaints on a route after notification,
including, but not limited to, failure to replace Containers in
designated locations, spilling, not closing gates, not
replacing lids, crossing planted areas, or similar violations.
One hundred dollars ($100) per
incident, not to exceed five
hundred dollars ($500) per
vehicle per Day.
3
Failure to initiate clean-up or collect leaked or spilled
materials and/or failure to notify the City within three (3)
hours of Contractor knowledge of such release.
The cost of cleanup to the City,
plus five hundred dollars ($500)
per incident.
4
City observed leakage or spillage from Contractor vehicles
or of vehicle contents.
Five hundred dollars ($500) per
vehicle, per inspection, plus
clean-up costs (and potential
code fines/penalties).
5
Failure to replace a leaking Container within one (1)
business day of notification.
One hundred dollars ($100) per
incident, and then one hundred
dollars ($100) per Day that the
Container is not replaced.
6
Failure to collect missed materials within one (1) business
day of notification.
One hundred dollars ($100) per
incident to a maximum of five
hundred dollars ($500) per
vehicle per Day.
7
Missed collection of a block segment of Single -Family
Residences (excluding collections prevented by inclement
weather, but not excluding collections prevented by
inoperable vehicles). A block segment is defined as one side
of a street, between cross -streets, not to exceed fifty (50)
houses.
Two hundred fifty dollars ($250)
per block segment if collection is
performed the following day;
one thousand dollars ($1,000) if
not collected by the following
Day.
8
Collection as Garbage of non -contaminated Source-
separated Recyclables, Yard Debris, or Compostables in
clearly identified Containers, Carts, bags, or boxes.
One thousand dollars ($1,000)
per incident.
9
Rejection of Garbage, Recyclables, or Compostables without
providing documentation to the Customer of the reason for
rejection.
One hundred dollars ($100) per
incident.
City of Tukwila 52
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
February 2022
City of Tukwila 53
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
February 2022
Action or Omission
Performance fees
10
Failure to deliver or remove Containers within three (3)
business days of request to Multifamily or Commercial
Customers requesting service after the Date of
Commencement of Service.
One hundred dollars ($100) per
incident.
11
Failure to deliver or remove Garbage, Recyclables, or
Compostables Containers within seven (7) Days of request
to Single -Family Residence Customers requesting service
after the Date of Commencement of Service.
One hundred dollars ($100) per
incident.
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
report on time.
Five hundred dollars ($500) per
Day past deadline.
14
Failure to maintain clean, sanitary, properly painted, and
properly labeled Containers.
Fifty dollars ($50) per incident,
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
performance requirements.
One hundred dollars ($100) per
Day.
17
Failure to meet the service and performance standards
listed in Section 4.3.2 of this Contract for a period of two (2)
consecutive months.
Two hundred and fifty dollars
($250) per Day until the service
standards listed in Section 4.3.2
are met for ten (10) consecutive
business days.
18
Failure to ensure that all Customers have Contract-
compliant Garbage, Recyclables, and Compostables
Containers on or before the Date of Commencement of
Service.
Five thousand dollars ($5,000)
per day, plus twenty-five dollars
($25) per Container for each
incident occurring after the Date
of Commencement of Service.
19
Failure to include City-authorized instructional/
promotional materials when Garbage, Recycling, and/or
Compostables Containers are delivered to Single -Family
Residences, or failure to affix required City-authorized labels
on Containers.
One hundred dollars ($100) per
incident.
20
Failure to separate collection of Recyclables materials from
Service Area Customers from non -Service Area customers.
Five thousand dollars ($5,000)
per route per day.
21
Failure to properly use an authorized switchable placard or
nameplates as described in Section 4.1.13.
One hundred dollars ($100) per
placard per vehicle per Day.
22
Inability to reach the Contractor's staff via the emergency
phone number.
Two hundred-fifty dollars ($250)
per incident.
23
The use of outdated, or unauthorized labels, or lack of
required labels on Contractor-provided Containers.
One hundred dollars ($100) per
Container.
24
Failure to have correct rates for all Customer sectors and
service levels listed on the Contractor's website.
Two hundred-fifty dollars ($250)
per Day.
City of Tukwila 53
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
February 2022
Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the
Contractor that shall be considered violations or breaches of the Contract, and the City reserves the right
to exercise any and all remedies it may have with respect to these and other violations and breaches. The
performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as
described in Section 6.2.
Performance fees, if assessed during a given month, shall be invoiced in writing by the City to the
Contractor. The Contractor shall be required to pay the City the invoiced amount within thirty (30) Days
of billing. Failure to pay performance fees shall be considered a breach of this Contract, and shall accrue
penalty charges of eight percent (8%) 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. The City's decision shall be final and not subject to
appeal.
6.2 Contract Default
The Contractor shall be in default of this Contract if it violates any material provision of this Contract. In
addition, the Contractor shall be in default of the Contract should any of the following occur, including,
but not limited to:
1. The Contractor fails to commence the collection of Garbage, Recyclables, or Compostables, or
fails to provide any portion of service under the Contract on the Date of Commencement of
Service, or for a period of more than five (5) consecutive Days at any time during the term of this
Contract, except as provided pursuant to Section 4.1.18;
2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license
required by the City, County, or any federal, state, or other regulatory body in order to collect
materials under this Contract, or comply with any environmental standards and regulations;
3. The Contractor's noncompliance creates a hazard to public health or safety or the environment;
4. The Contractor disposes of uncontaminated Source -separated Recyclables or Compostables
collected from clearly identified 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.
City of Tukwila 54 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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) Days' notice, may then declare the Contractor
to be in default of this Contract and notify the Contractor of the termination of this Contract. A copy of
said notice shall be sent to the Contractor and surety on the Contractor's performance bond. Upon receipt
of such notice, the Contractor agrees that it shall promptly discontinue the services provided under this
Contract. The surety of the Contractor's performance bond may, at its option, within ten (10) Days from
such written notice, assume the services provided under this Contract that the City has ordered
discontinued and proceed to perform same, at its sole cost and expense, in compliance with the terms
and conditions of the Contract, and all documents incorporated herein.
In the event that the surety on the Contractor's performance bond fails to exercise its option within the
ten (10) day period, the City may complete the Services provided under this Contract or any part thereof,
either through contract with another party or any other means.
The City shall be entitled to recover from Contractor and the surety on Contractor's performance bond as
damages all expenses incurred, including reasonable attorneys' fees, together with all such additional
sums as may be necessary to complete the services provided under this Contract, together with any
further damages sustained or to be sustained by the City. A surety performing under this Contract shall
be entitled to payment in accordance with this Contract for Contract services provided by the surety, and
shall otherwise be subject to the same rights and obligations with respect to the Contract services
furnished by the surety as would be applicable if the Contract services were to be performed by the
Contractor. The City's obligation to pay for such Contract services shall be subject to satisfactory
performance by the surety as well as to setoffs or recoupments for sums, if any, owed by Contractor to
City on account of Contractor's abandonment or default.
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
and the surety on the Contractor's performance bond.
City of Tukwila 55 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
7. NOTICES
All notices required or contemplated by this Contract shall be in writing and personally served or mailed
(postage -prepaid and return receipt requested), addressed to the parties as follows, or as amended by
the City:
To the City:
Director of Public Works
City of Tukwila
6300 Southcenter Blvd, Suite 200
Tukwila, WA 98188-2544
To Contractor:
XX
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
expense of litigation to protect the exclusive rights of the Contractor unless the City's institution of or
joinder in such litigation is necessary for the protection of such rights. The Contractor may independently
enforce its rights under this Contract against third party violators, including, but not limited to, seeking
injunctive relief, and the City shall use good faith efforts to cooperate in such enforcement actions brought
by the Contractor (without obligating the City to join any such litigation, except for as provided in this
paragraph). Such efforts may include but not be limited to cease and desist letters, assistance with
documenting violations, and other activities as City staff time reasonably allows.
This Contract provision shall not apply to Garbage, Recyclables, or Compostables self -hauled by the
generator; to Source -separated materials hauled by common or private carriers (including drop-off
recycling sites); or to construction/demolition waste hauled by self -haulers or construction or demolition
contractors in the normal course of their business.
The Contractor shall retain the right and cover all costs to dispose of or process and market the Garbage,
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
City of Tukwila 56 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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,
reflecting the Contractor's Services provided under this Contract. Those Contractor's accounts shall
include, but shall not be limited to, all records, invoices, and payments under the Contract, as adjusted
for additional and deleted Services provided under this Contract. The City shall be allowed access to these
records for audit and review purposes, subject to the same protections of the Contractor's financial or
other proprietary information set forth in Section 5.3.
The Contractor shall make available copies of certified weight slips for Garbage, Recyclables, and
Compostables on request within two (2) business days of the request. The weight slips may be requested
for any period during the Term of this Contract.
8.3 Insurance
The Contractor shall procure and maintain, for the Term of the Contract, insurance that meets or exceeds
the coverage set forth below, as determined in the sole reasonable discretion of the City. The cost of such
insurance shall be paid by the Contractor.
Contractor's maintenance of insurance as required by this Contract shall not be construed to limit the
liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
8.3.1 Minimum Scope of Insurance
The Contractor shall obtain insurance that meets or exceeds the following of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired, and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage. The policy shall include the ISO CA 9948 Form (or its equivalent) for
transportation of cargo and a MCS 90 Form in the amount specified in the Motor Carrier Act. The
policy shall include a waiver of subrogation in favor of the City. The City shall be named as an
additional insured under the Contractor's Automobile Liability insurance policy.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01, or a
substitute form providing equivalent liability coverage and shall cover liability arising from
premises, operations, independent contractors, products -completed operations, personal injury
and advertising injury, and liability assumed under an insured contract. There shall be no
endorsement or modification of the Commercial General Liability insurance for liability arising
from explosion, collapse, or underground property damage. The City shall be named as an
additional insured under the Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City, using ISO additional insured endorsements CG 2010
0704 and CG 2037 0704.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4. Contractor's Pollution Liability insurance coverage covering any occurrence of bodily injury,
personal injury, property damage, cleanup costs, and legal defense expenses applying to all work
performed under the contract, including that related to transported cargo. The City shall be
named as an additional insured under the Contractor's Pollution Liability insurance policy.
8.3.2 Minimum Amounts of Insurance
Contractor shall maintain at a minimum the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of 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. Workers' Compensation coverage as required by the Industrial Insurance laws of the State.
4. Contractor's Pollution Liability 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.
8.3.3 Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
Liability, Commercial General Liability, and Contractor's Pollution Liability coverage:
1. The Contractor's insurance coverage shall be the primary insurance with respect to the City, its
officials, employees, and volunteers. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it. The City, its officials, officers, employees, agents, and volunteers shall be named as
additional insureds on the Contractor's Automobile Liability, Commercial General Liability, and
Pollution Liability insurance policies, via blanket -form endorsement.
2. Coverage shall state that the Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
3. Each insurance policy required by the insurance provisions of this Contract shall provide the
required coverage and shall not be canceled except after thirty (30) Days prior written notice has
been given to the City. Such notice shall be sent directly to the City. If any insurance company
refuses to provide the required notice, the Contractor or its insurance broker shall notify the City
of any cancellation of any insurance immediately on receipt of insurers' notification to that effect.
8.3.4 Acceptability of Insurers
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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
the following minimum insurance: Workers' Compensation in accordance with applicable law or
regulation, Employer's Liability with limits of $1,000,000, Commercial General Liability with limits of
$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
The Contractor shall provide and maintain at all times a valid Contractor's Performance and Payment
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
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 Contractor's unlawful release of Hazardous Waste in violation
of any Environmental Law in its performance of Services and exercise of any rights granted hereunder.
This indemnity under subsection 8.5.1(b) includes each of the following to the extent the same is caused
by Contractor's unlawful release of Hazardous Substances in violation of applicable Environmental Laws:
(i) liability for a governmental agency's costs of removal or remedial action for such release by Contractor
of Hazardous Waste; (ii) damages to natural resources caused by Contractor's release of Hazardous
Waste, including reasonable costs of assessing such damages; (iii) liability for any other person's costs of
responding to such release by Contractor of Hazardous Waste; and (iv) liability for any costs of
investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any
Environmental Laws that are caused by Contractor's release of Hazardous Waste. Provided, however,
such indemnification shall not extend to any portion of any claims, demands, liability, loss, cost, damage
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
or expense of any nature whatsoever including all costs and attorneys' fees caused 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
to a suit and any claims which may be compromised, with Contractor's written consent, prior to the
culmination of any litigation or the institution of any litigation. The City 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
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 Contractor's
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
Pursuant to the Washington Public Records Act ("PRA"), chapter 42.56 RCW, public records, as defined by
the PRA may be subject to disclosure upon request by any person, unless the documents are exempt from
public disclosure by a specific provision of law.
If the City receives a request for inspection or copying of any 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
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The Contractor shall not assign or pledge any of the money due under this Contract without securing the
prior written approval of the surety of the Contractor's performance bond and providing at least thirty
(30) day's prior written notice to the City of such assignment or pledge together with a copy of the surety's
approval thereof. Such assignment or pledge, however, shall not release the Contractor or its sureties
from any obligations or liabilities arising under or because of this Contract. The requirements of this
section shall not apply to the grant of a general security interest in the Contractor's assets to secure the
Contractor's obligations under any loan or credit facility entered into by the Contractor or the Contractor's
parent.
8.7.2 Assignment, Subcontracting, and Delegation of Duties
The Contractor shall not assign or subcontract any of the services provided under this Contract or delegate
any of its duties under this Contract without the prior written approval of the City, which may be granted
or withheld in the City's sole discretion.
In the event of an assignment, 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
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
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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
must indemnify and hold harmless the City from all damages, injuries or losses assessed for the
Contractor's failure to comply with the Acts and Standards issued therein. The Contractor is also
responsible for meeting all 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, supplies, or activities related to the Contractor's
activities under the Contract, business and occupation taxes, workers' compensation, and unemployment
benefits.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
8.11 Relationship of Parties
The City and Contractor intend that an independent contractor relationship shall be created by this
Contract. The implementation of services shall lie solely with the Contractor. No agent, employee, servant,
or representative of the Contractor shall be deemed to be an employee, agent, servant, or representative
of the City.
8.12 Contractor's Relationship with Customers
The Contractor shall not separately contract with Customers for any services covered under this Contract;
however, the Contractor may negotiate separate agreements with Customers for the sole purpose of
compactor leasing, payment for recyclables, or other related services only when not included in this
Contract, provided that Customers are provided separate invoices for those services and that the
Contractor makes it clear to Customers that those services are not provided under this Contract. These
separate agreements must be in writing and shall in no way expressly or by application supersede this
Contract. The Contractor agrees these separate agreements shall not contain durations any longer than
the final date of this Contract's Term. The Contractor shall provide to the City a detailed list of all such
separate agreements with Customers upon the City's request. The City may, at its sole option, regulate
similar or identical services in the successor to this contract.
8.13 Bankruptcy
It is agreed that if an order for relief with respect to the Contractor is entered in any bankruptcy case,
either voluntarily or involuntarily, in which the Contractor is a debtor, then this Contract, at the option of
the City, may be terminated effective on or after the day and time the order for relief is entered.
8.14 Right to Renegotiate/Amend
The City shall retain the right to renegotiate this Contract or negotiate contract amendments at its
discretion or based on policy changes, State statutory changes, or County rule changes, 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
and shall not be liable for failure to perform under this Contract if Contractor's performance is prevented
or delayed by Acts of Nature, including but not limited to landslides, lightning, forest fires, storms, floods,
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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 ("Force Majeure"). The Contractor's obligations
under this Contract shall be suspended, but only with respect to the particular component of obligations
affected by the Force Majeure and only for the period during which the Force Majeure exists.
The following events do not constitute Force Majeure: strikes, other than nationwide strikes or strikes
that by virtue of their extent or completeness make the particular goods or services effectively unavailable
to the Contractor; work stoppages or other labor disputes or disturbances occurring with respect to any
activity performed or to be performed by the Contractor; accidents to machinery, equipment or materials;
unavailability of required materials or disposal restrictions; or general economic conditions.
If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations
under this Contract, the Contractor shall notify the City by 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
during which the performance of the Contractor's obligations will be delayed; the likely financial impact
of the event; and whatever additional information is available concerning the event and its impact on the
City and its Customers. The Contractor shall provide prompt written notice of the cessation of the Force
Majeure. Whenever such event shall occur, the Contractor, as promptly and as reasonably possible, shall
use its best efforts to eliminate the cause, reduce the cost, and resume performance under the Contract.
In addition, if as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its
obligations under this Contract, the Contractor shall notify all Customers regarding the disruption in
collection service in a manner similar to the notification required in the case of inclement weather under
Section 4.1.7.
8.16 Severability
If any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions of
the Contract shall remain in full force and effect.
8.17 Waiver
No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying
such waiver, and executed by the party against whom such waiver is sought to be enforced. A waiver by
either party of any of its rights under this Contract on any occasion shall not be a bar to the exercise of
the same right on any subsequent occasion or of any other right at any time.
8.18 Incorporation of Contractor's Proposal in Response to City's RFP
The Contractor's Proposal, dated **** submitted in response to the City's Request for Proposals, is fully
incorporated by this reference, including but not limited to collection vehicle types, Customer Service
staffing and approach, processing abilities and other commitments made in the Contractor's proposal and
all associated clarifications and supplemental proposal materials or attachments. In the case of conflict
between the Contractor's proposal and this Contract, the provisions of this Contract shall prevail.
City of Tukwila 64 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
8.19 Dispute Resolution
The Parties shall attempt to resolve any and all disputes to the mutual satisfaction of both Parties by good
faith discussions. Throughout the duration of a dispute, the Contractor shall continue providing all Services
included in this Contract. Disputes not resolved in accordance with other provisions of this Contract or
through good faith discussions shall be submitted to non-binding mediation before a mediator acceptable
to both the City and the Contractor. All costs of mediation, including the City's attorneys' fees and expert
witness fees, shall be paid for by the Contractor. Neither party may initiate or commence legal
proceedings prior to completion of the non-binding mediation. 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.
XXX
By
CITY OF TUKWILA
By
City Manager
Approved as to Form:
By
City Attorney
City of Tukwila 65 February 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
EXHIBITS
EXHIBIT A: Service Area
EXHIBIT B: Contractor Rates
EXHIBIT C: Recyclables List
EXHIBIT D: Rate Modification Examples
EXHIBIT E: Commodity Value Calculation
City of Tukwila 1 February 2022
Exhibits
Date: February 1, 2022
By: R. Linsao
R \GIS-MAIN\ArcGIS Pro\Projects\DCD\Griffin\Solid Waste\SolldWaste_ExhibitA\
Exhibit A
EXHIBIT B
Contractor Rates
To be provided
City of Tukwila 1 February 2022
Contractor Rates
EXHIBIT C
Recyclable Materials to be Collected
Recyclable Item
Customer Preparation
Instructions
Limitations
Aluminum & Tin — All food and
beverage cans, trays, pie tins, and
food containers.
Empty, clean, secure lids and place
in Recycling Container.
Food and beverage containers
must be empty and clean.
Corrugated Cardboard — All
corrugated cardboard boxes.
Flatten corrugated cardboard boxes
and placed in or next to Recycling
Container.
No larger than 3' x 3' in size,
larger boxes shall be cut down
to size.
Glass Containers — All colored or clear
glass jars and bottles.
Empty, clean, remove lids, and
place in Recycling Container.
Food and beverage containers
must be empty and clean.
Paper — All mixed paper, colored
paper, magazines, phone books,
catalogues, and advertising
supplements.
Place clean, dry paper in Recycling
Container.
All paper must be clean.
Plastic Containers — All colors of
plastic bottles, jugs, and tubs.
Empty, clean, remove lids, and
place in Recycling Container.
Food and beverage containers
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-
ferrous scrap metal. Free of wood,
rubber, and other contaminants.
Small items: Place in Recycling
Container or secure (e.g. bundle or
box) next to Recycling Container.
Large items: Call to request pickup
at least twenty-four (24) hours
before regular service day.
Small items: Less than two feet
(2') by two feet (2') and thirty -
five (35) lbs. Less than five
percent (5%) non-metal parts.
Large items: Larger than two
feet (2') by two feet (2'). Call to
request pick-up. Residential
only.
Used Motor Oil — Pure motor oil.
Seal uncontaminated motor oil (no
large solids) in clean, clear, screw-
top plastic jugs. Label jugs with
name and address and place next to
Recycling Cart.
Limit three (3) gallons per pick -
up and ten (10) gallons per
year. Residential only.
Used Cooking Oil — Pure liquid
cooking oil of all types (vegetable,
canola, etc.).
Seal uncontaminated cooking oil
(no large solids) in clean, clear,
screw-top plastic jugs. Label jugs
with name and address and place
next to Recycling Cart.
Limit three (3) gallons per pick -
up and ten (10) gallons per
year. Residential only.
City of Tukwila 1 February 2022
Recyclables List
EXHIBIT D
Rate Modification Examples
The collection and disposal components of the Customer charges listed in Exhibit B will be adjusted
separately, as appropriate. The collection component of Customer charges will be adjusted annually,
pursuant to this Section and as described below. The disposal component of the Customer charges listed
in Exhibit B will be adjusted only if the City receives notification from the County of a pending disposal fee
adjustment, and will not become effective until the new disposal charges become effective and are
actually charged to the Contractor. Formulas for both collection and disposal rate adjustments are
provided as follows:
Collection Component Adjustment
The sum of the collection and Administrative Fee components listed in Exhibit B will be increased
or decreased by the amount of the CPI change (Note that at contract inception the Administrative
Fee is set at zero):
NCC = PCC x [1 + nCPI — °CPI ]
oCPI
Where NCC = The new collection and Administrative Fee components,
adjusted for excise tax on the Administrative Fee, of the
customer rate for a particular service level; and
PCC = The previous collection and Administrative Fee components,
adjusted for excise tax on the Administrative Fee, of the
Customer rate for a particular service level; and
nCPI = The most recent June CPI value; and
oCPI = The CPI value used for the previous rate adjustment or, in the
case of the first contract adjustment, the CPI value reported
at the end of June 2020.
Disposal Component Adjustment
In the case of a disposal fee modification at County disposal facilities, the disposal component of
each service level will be adjusted as follows:
Step 1: A = ODC x ( NTF / OTF )
Step 2: NDC = A + [(A — ODC) x CETR]
Where A = Pre -excise tax adjusted disposal component; and
City of Tukwila 1 February 2022
Rate Modification Examples
ODC = The old disposal charge component of the customer rate for a
particular service level;
NTF = The new disposal fee, dollars per ton; and
OTF = The old disposal fee, dollars per ton; and
NDC = The new disposal charge component of the customer rate for
a particular service level; and
CETR = Current excise tax rate (the current State excise tax rate;
0.0175 used for this example).
For example, using an initial one 32 -gallon Cart rate of $30.98 per month where $23.54 is
the collection component and $4.85 is the disposal component as of January 1, 2021. If
the previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will increase from $140
to $150 per ton starting on January 1, 2022. The State Excise Tax rate is 1.75% and the
Administrative Fee remains at 9%. The January 2022 Customer charge for one 32 -gallon
Cart per week Residential Curbside service would be:
(144.3-143.2)
New Collection Component = $23.54 x [1+ ] = $23.72
(143.2)
New Disposal Component = Step A calculation (as on previous page):
[$4.85 x (150/140)] = $5.20
Step B calculation (as on previous page):
$5.20 + [(5.20-4.85) x 0.0175] = $5.21
Thus, the new Customer charge for one 32 -gallon Cart per week Residential Curbside service will be the
$23.76 collection component plus the $5.21 disposal component, equaling $28.97 before the
adjustment for Administrative Fee and excise tax associated with the Administrative Fee. Assuming that
the Administrative Fee remains at 9%, the new total retail rate will be $3L62. [calculated as $28.97 +
($28.97 base rate x 0.09 admin fee x 1.0175 excise tax)]
City of Tukwila 2 February 2022
Rate Modification Examples
EXHIBIT E
Commodity Value Calculation
City of Tukwila 1 February 2022
Commodity Value Calculation
Appendix El
City of Tukwila
$ 140.82 2020 Disposal
$ 140.82 2021 Disposal
0.00% %Disposal Adj.
1.75% B&O %
0.806% CPI %
$ 140.82 2021 Disposal
$ 154.02 2022 Disposal
9.37% %Disposal Adj.
1.75% B&O %
5.028% CPI %
Attachment B 1/1/2021 1/1/2022
Pounds
Per
Disposal
Fee
Collection
Fee
Total Pounds
Service Per
Fee Unit
Disposal
Fee
Collection
Fee
Total
Service
Fee
Service Level Unit
Monthly
*One 32 gallon Garbage Can or Units
$ 1.83
$ 4.45
$ 6.28 -
$ 2.00
$ 4.67
$ 6.67
Weekly
Residential
Curbside
Service
One 10 gallon Micro -Cart 6.52
$ 1.98
$ 5.38
$ 7.36 6.52
$ 2.16
$ 5.65
$ 7.81
One 20 gallon Mini -Cart 13.04
$ 3.97
$ 4.95
$ 8.92 13.04
$ 4.34
$ 5.19
$ 9.53
*132/35 gallon Garbage Cart 20.86
$ 6.37
$ 6.73
$ 13.10 20.86
$ 6.97
$ 7.06
$ 14.03
*1 64 -gallon Garbage Cart 41.72
$ 12.73
$ 7.95
$ 20.68 41.72
$ 13.94
$ 8.34
$ 22.28
*196 -gallon Garbage Cart 62.58
$ 19.11
$ 9.17
$ 28.28 62.58
$ 20.93
$ 9.63
$ 30.56
*Additional 32 Gallon Cans (weekly svc) 20.86
$ 6.37
$ 1.15
$ 7.52 20.86
$ 6.97
$ 1.20
$ 8.17
Extras (32 gallon equivalent) 20.86
$ 1.46
$ 4.32
$ 5.78 20.86
$ 1.59
$ 4.53
$ 6.12
Miscellaneous Fees:
oW Yard Debris service
$ 8.57
$ 9.00
Yard Debris extra (32 gallon equiv)
$ 1.66
$ 1.74
Additional 96 -gal. yardwaste cart
$ 4.87
$ 5.11
Return Trip
$ 6.74
$ 7.07
**Carry -out Charge, per 25 ft, per month
$ 4.48
$ 4.70
Drive-in Charge, per month
$ 6.74
$ 7.07
Overweight/Oversize container (per p/u)
$ 3.35
$ 3.51
Redelivery ofcontainers
$ 11.27
$ 11.83
Cart Cleaning (per cart per event)
$ 11.27
$ 11.83
Sunken Can Surcharge per month
$ 8.44
$ 8.86
On -Call
Bulky
Waste
Collection
White Goods, except refrigerators
$ 62.48
$ 65.62
Refrigerators/Freezers
$ 93.64
$ 98.34
Sofas, Chairs 200.00
$ 14.09
$ 51.34 $ 65.43 200.00
$ 15.43
$ 53.92 $ 69.35
Mattresses 100.00
$ 7.04
$ 57.34 $ 64.38 100.00
$ 7.71
$ 60.22 $ 67.93
Weekly
Commercial
Can and
Cart
One 20 gallon Mini -Can 13.04
$ 3.97
$ 5.79 $ 9.76 13.04
$ 4.34
$ 6.08 $ 10.42
1 32 gallon Garbage Cart 20.86
$ 6.37
$ 7.52 $ 13.89 20.86
$ 6.97
$ 7.89 $ 14.86
1 64 -gallon Garbage Cart 41.72
$ 12.73
$ 9.33 $ 22.06 41.72
$ 13.94
$ 9.79 $ 23.73
1 96 -gallon Garbage Cart 62.58
$ 19.11
$ 12.90 $ 32.01 62.58
$ 20.93
$ 13.54 $ 34.47
Extras (32 gallon equivalent) 20.86
$ 1.46
$ 4.46 $ 5.92 20.86
$ 1.59
$ 4.68 $ 6.27
Commercial
Can, Cart
Container
Misc. Fees
Miscellaneous Fees:
Weekly Yard Debris/Foodwaste service (unlined)
$ 11.34
$ 11.91
Weekly Yard Debris/Foodwaste service (lined)
$ 17.00
$ 17.85
64/96 Gallon Yard Extra Waste Cart Rental
$ 1.66
$ 1.74
Return Trip
$ 6.74
$ 7.07
Carry -out Charge, Charge, per 25 ft, per p/u
$ 1.66
$ 1.74
Drive-in Charge, per month (per p/u)
$ 6.74
$ 7.07
Gate and/or unlock fee (per p/u)
$ 1.66
$ 1.74
Container roll-out, >10 feet (per p/u)
$ 3.35
$ 3.51
Overweight/Oversize container (per p/u)
$ 3.35
$ 3.51
Redelivery ofcontainer
$ 11.27
$ 11.83
Cart Cleaning (per cart per event)
$ 11.27
$ 11.83
Lock(Sale)
$ 11.27
$ 11.83
Detachable Container Cleaning (per yard, $13.75 min) $ 3.35 $ 3.51
* Senior loo -income and/or disabled resident discounts of fifty percent (50%)
shall be offered to Single-family Residential Customers meeting the City's
eligibility criteria.
**Carry -out service shall be provided for all three collection streams (Garbage,
Recyclables.. and/or Compostables) without duplicate surcharges. Disabled cams
out at no additional charge.
Page 1 of 6
City of Tukwila
$ 140.82 2020 Disposal
$ 140.82 2021 Disposal
0.00% %Disposal Adj.
1.75% B&O %
0.806% CPI %
$ 140.82 2021 Disposal
$ 154.02 2022 Disposal
9.37% %Disposal Adj.
1.75% B&O %
5.028% CPI %
Attachment B
1/1/2021
1/1/2022
Pounds
Per
Unit
Disposal
Fee
Collection
Fee
Total
Service
Fee
Pounds
Per
Unit
Disposal
Fee
Collection
Fee
Total
Service
Fee
Service Level
Weekly
Commercial
Detachable
Container
(compacted)
1 Cubic Yard Container
420.98
$ 128.56
$ 173.59
$ 302.15
420.98
$ 140.82
$ 182.31
$ 323.13
1.5 Cubic Yard Container
631.47
$ 192.83
$ 200.14
$ 392.97
631.47
$ 211.22
$ 210.20
$ 421.42
2 Cubic Yard Container
841.96
$ 257.12
$ 226.82
$ 483.94
841.96
$ 281.64
$ 238.22
$ 519.86
3 Cubic Yard Container
1,262.94
$ 385.68
$ 257.32
$ 643.00
1,262.94
$ 422.46
$ 270.25
$ 692.71
4 Cubic Yard Container
1,683.92
$ 514.24
$ 287.56
$ 801.80
1,683.92
$ 563.28
$ 302.01
$ 865.29
6 Cubic Yard Container
2,525.88
$ 771.37
$ 322.38
$ 1,093.75
2,525.88
$ 844.94
$ 338.59
$ 1,183.53
8 Cubic Yard Container
3,367.84
$ 1,028.52
$ 357.23
$ 1,385.75
3,367.84
$ 1,126.61
$ 375.19
$ 1,501.80
Commercial
Detachable
Container
(loose)
1 Cubic Yard, 1 pickup/week
120.28
$ 36.72
$ 36.55
$ 73.27
120.28
$ 40.22
$ 38.38
$ 78.60
1 Cubic Yard, 2 pickups/week
120.28
$ 73.45
$ 73.16
$ 146.61
120.28
$ 80.45
$ 76.83
$ 157.28
1 Cubic Yard, 3 pickups/week
120.28
$ 110.19
$ 109.74
$ 219.93
120.28
$ 120.69
$ 115.25
$ 235.94
1 Cubic Yard, 4 pickups/week
120.28
$ 146.92
$ 146.37
$ 293.29
120.28
$ 160.93
$ 153.72
$ 314.65
1 Cubic Yard, 5 pickups/week
120.28
$ 183.66
$ 182.93
$ 366.59
120.28
$ 201.17
$ 192.12
$ 393.29
1.5 Cubic Yard, 1 pickup/week
180.42
$ 55.09
$ 47.15
$ 102.24
180.42
$ 60.34
$ 49.52
$ 109.86
1.5 Cubic Yard, 2 pickups/week
180.42
$ 110.19
$ 94.34
$ 204.53
180.42
$ 120.69
$ 99.08
$ 219.77
1.5 Cubic Yard, 3 pickups/week
180.42
$ 165.29
$ 141.53
$ 306.82
180.42
$ 181.05
$ 148.64
$ 329.69
1.5 Cubic Yard, 4 pickups/week
180.42
$ 220.40
$ 188.72
$ 409.12
180.42
$ 241.42
$ 198.20
$ 439.62
1.5 Cubic Yard, 5 pickups/week
180.42
$ 275.48
$ 235.91
$ 511.39
180.42
$ 301.75
$ 247.77
$ 549.52
2 Cubic Yard, 1 pickups/week
240.56
$ 73.45
$ 52.27
$ 125.72
240.56
$ 80.45
$ 54.89
$ 135.34
2 Cubic Yard, 2 pickups/week
240.56
$ 146.92
$ 104.61
$ 251.53
240.56
$ 160.93
$ 109.87
$ 270.80
2 Cubic Yard, 3 pickups/week
240.56
$ 220.40
$ 156.93
$ 377.33
240.56
$ 241.42
$ 164.82
$ 406.24
2 Cubic Yard, 4 pickups/week
240.56
$ 293.85
$ 209.27
$ 503.12
240.56
$ 321.87
$ 219.79
$ 541.66
2 Cubic Yard, 5 pickups/week
240.56
$ 367.33
$ 261.60
$ 628.93
240.56
$ 402.36
$ 274.75
$ 677.11
3 Cubic Yard, 1 pickup/week
360.84
$ 110.19
$ 69.65
$ 179.84
360.84
$ 120.69
$ 73.15
$ 193.84
3 Cubic Yard, 2 pickups/week
360.84
$ 220.40
$ 139.35
$ 359.75
360.84
$ 241.42
$ 146.35
$ 387.77
3 Cubic Yard, 3 pickups/week
360.84
$ 330.58
$ 209.08
$ 539.66
360.84
$ 362.10
$ 219.59
$ 581.69
3 Cubic Yard, 4 pickups/week
360.84
$ 440.80
$ 278.78
$ 719.58
360.84
$ 482.84
$ 292.79
$ 775.63
3 Cubic Yard, 5 pickups/week
360.84
$ 550.99
$ 348.48
$ 899.47
360.84
$ 603.54
$ 366.00
$ 969.54
4 Cubic Yard, 1 pickup/week
481.12
$ 146.92
$ 87.32
$ 234.24
481.12
$ 160.93
$ 91.71
$ 252.64
4 Cubic Yard, 2 pickups/week
481.12
$ 293.85
$ 174.66
$ 468.51
481.12
$ 321.87
$ 183.44
$ 505.31
4 Cubic Yard, 3 pickups/week
481.12
$ 440.80
$ 262.02
$ 702.82
481.12
$ 482.84
$ 275.19
$ 758.03
4 Cubic Yard, 4 pickups/week
481.12
$ 587.71
$ 349.38
$ 937.09
481.12
$ 643.76
$ 366.94
$ 1,010.70
4 Cubic Yard, 5 pickups/week
481.12
$ 734.65
$ 436.74
$ 1,171.39
481.12
$ 804.71
$ 458.70
$ 1,263.41
6 Cubic Yard, 1 pickup/week
721.68
$ 220.40
$ 111.00
$ 331.40
721.68
$ 241.42
$ 116.58
$ 358.00
6 Cubic Yard, 2 pickups/week
721.68
$ 440.80
$ 222.07
$ 662.87
721.68
$ 482.84
$ 233.23
$ 716.07
6 Cubic Yard, 3 pickups/week
721.68
$ 661.20
$ 333.08
$ 994.28
721.68
$ 724.26
$ 349.82
$ 1,074.08
6 Cubic Yard, 4 pickups/week
721.68
$ 881.59
$ 444.16
$ 1,325.75
721.68
$ 965.67
$ 466.49
$ 1,432.16
6 Cubic Yard, 5 pickups/week
721.68
$ 1,101.99
$ 555.17
$ 1,657.16
721.68
$ 1,207.09
$ 583.08
$ 1,790.17
8 Cubic Yard, 1 pickup/week
962.24
$ 293.85
$ 140.18
$ 434.03
962.24
$ 321.87
$ 147.22
$ 469.09
8 Cubic Yard, 2 pickups/week
962.24
$ 587.71
$ 280.42
$ 868.13
962.24
$ 643.76
$ 294.52
$ 938.28
8 Cubic Yard, 3 pickups/week
962.24
$ 881.59
$ 420.64
$ 1,302.23
962.24
$ 965.67
$ 441.79
$ 1,407.46
8 Cubic Yard, 4 pickups/week
962.24
$ 1,175.44
$ 560.87
$ 1,736.31
962.24
$ 1,287.55
$ 589.07
$ 1,876.62
8 Cubic Yard, 5 pickups/week
962.24
$ 1,469.32
$ 701.09
$ 2,170.41
962.24
$ 1,609.45
$ 736.34
$ 2,345.79
Extra loose cubic yard, per pickup
120.28
$ 8.47
$ 16.51
$ 24.98
120.28
$ 9.27
$ 17.34
$ 26.61
Commercial
Detachable
Extra
Container
Lifts
Service Level
Pounds
Per
Unit
Disposal
Fee
Collection
Fee
Haul
Charge
Pounds
Per
Unit
Disposal
Fee
Collection
Fee
Haul
Charge
1 Yard detachable container
120.28
$ 8.47
$ 8.81
$ 17.28
120.28
$ 9.27
$ 9.25
$ 18.52
1.5 Yard detachable container
180.42
$ 12.69
$ 11.37
$ 24.06
180.42
$ 13.90
$ 11.94
$ 25.84
2 Yard detachable container
240.56
$ 16.94
$ 12.62
$ 29.56
240.56
$ 18.55
$ 13.25
$ 31.80
3 Yard detachable container
360.84
$ 25.43
$ 16.81
$ 42.24
360.84
$ 27.85
$ 17.65
$ 45.50
4 Yard detachable container
481.12
$ 33.90
$ 21.08
$ 54.98
481.12
$ 37.13
$ 22.13
$ 59.26
6 Yard detachable container
721.68
$ 50.86
$ 26.80
$ 77.66
721.68
$ 55.71
$ 28.14
$ 83.85
8 Yard detachable container
962.24
$ 67.81
$ 33.87
$ 101.68
962.24
$ 74.27
$ 35.57
$ 109.84
Page 2 of 6
City of Tukwila
$ 140.82 2020 Disposal
$ 140.82 2021 Disposal
0.00% %Disposal Adj.
1.75% B&O %
0.806% CPI %
$ 140.82 2021 Disposal
$ 154.02 2022 Disposal
9.37% %Disposal Adj.
1.75% B&O %
5.028% CPI %
Attachment B
1/1/2021
1/1/2022
Total
Service
Fee
Total
Service
Fee
Service Level
Commercial
Drop -box
Collection
Service Level (# of Boxes)
Monthly
Rent
Delivery
Charge
Haul
Charge
Monthly
Rent
Delivery
Charge
Haul
Charge
Non -comp 10 cubic yard Drop -box
$ 45.32
$ 56.49
$ 130.85
$ 47.59
$ 59.33
$ 137.42
Non -comp 15 cubic yard Drop -box
$ 48.71
$ 56.49
$ 137.64
$ 51.15
$ 59.33
$ 144.56
Non -comp 20 cubic yard Drop -box
$ 52.09
$ 56.49
$ 144.42
$ 54.70
$ 59.33
$ 151.68
Non -comp 25 cubic yard Drop -box
$ 57.79
$ 56.49
$ 151.19
$ 60.69
$ 59.33
$ 158.79
Non -comp 30 cubic yard Drop box
$ 63.43
$ 56.49
$ 158.00
$ 66.61
$ 59.33
$ 165.94
Non -comp 40 cubic yard Drop -box
$ 75.92
$ 56.49
$ 171.56
$ 79.73
$ 59.33
$ 180.18
Compacted 10 cubic yard Drop -box
$ 56.49
$ 161.93
$ 59.33
$ 170.07
Compacted 15 cubic yard Drop box
$ 56.49
$ 168.71
$ 59.33
$ 177.19
Compacted 20 cubic yard Drop -box
$ 56.49
$ 175.49
$ 59.33
$ 184.31
Compacted 25 cubic yard Drop -box
$ 56.49
$ 182.27
$ 59.33
$ 191.43
Compacted 30 cubic yard Drop -box
$ 56.49
$ 189.04
$ 59.33
$ 198.54
Compacted 40 cubic yard Drop -box
$ 56.49
$ 202.62
$ 59.33
$ 212.80
Service Level
Pounds
Per
Unit
Disposal
Fee
Collection
Fee
Haul
Charge
Pounds
Per
Unit
Disposal
Fee
Collection
Fee
Haul
Charge
Temporary
Collection
Hauling
Temporary
Collection
Container
Rental
and Delivery
4 Yard detachable container
481.12
$ 33.90
$ 24.60
$ 58.50
481.12
$ 37.13
$ 25.83
$ 62.96
6 Yard detachable container
721.68
$ 50.86
$ 31.40
$ 82.26
721.68
$ 55.71
$ 32.97
$ 88.68
8 Yard detachable container
962.24
$ 67.81
$ 39.75
$ 107.56
962.24
$ 74.27
$ 41.74
$ 116.01
Non -compacted 10 cubic yard Drop -box
$ 133.11
$ 139.80
Non -compacted 20 cubic yard Drop -box
$ 133.11
$ 139.80
Non -compacted 30 cubic yard Drop -box
$ 133.11
$ 139.80
Non -compacted 40 cubic yard Drop -box
$ 133.11
$ 139.80
Service Level
Delivery
Fee
Daily
Rental
Delivery
Fee
Daily
Rental
4 Yard detachable container
$ 56.49
$ 1.39
$ 59.33
$ 1.45
6 Yard detachable container
$ 56.49
$ 1.71
$ 59.33
$ 1.79
8 Yard detachable container
$ 56.49
$ 1.89
$ 59.33
$ 1.98
Non -compacted 10 cubic yard Drop -box
$ 56.49
$ 2.22
$ 59.33
$ 2.33
Non -compacted 20 cubic yard Drop -box
$ 56.49
$ 2.52
$ 59.33
$ 2.64
Non -compacted 30 cubic yard Drop -box
$ 56.49
$ 3.07
$ 59.33
$ 3.22
Non -compacted 40 cubic yard Drop -box
Miscellaneous Fees:
$ 56.49
$ 3.64
$ 59.33
$ 3.82
Commercial
Drop -box
Collection
Per Event
Per Event
Return Trip
$ 28.23
$ 29.64
Mileage (Excess of 10 miles one way or 20 round trip)
$ 4.25
$ 4.46
***Roll Off Disposal
$ 157.71
$ 172.50
Stand-by Time (per minute)
$ 1.77
$ 1.85
Drop -box tum around charge
Service
$ 11.27
Per Hour
$ 11.83
Per Hour
Hourly
Rates
Rear/Side-Loadpacker +driver
$ 107.33
$ 112.72
Front -load packer + drive r
$ 107.33
$ 112.72
Drop -box Truck + driver
$ 107.33
$ 112.72
Additional Labor (per person)
$ 50.83
$ 53.38
*** 12% more than the gate rate at the appropriate disposal site
Page 3 of 6
1. 3 Cornpensallien Adj ustroants
1 Tr. I Alain:Al Rate Acijostrasal
The COOnaleror'S c,tlaht Oen set tree charges: axe ludIng 'teases dist:Nasal reds,
For each level of service shall increase or rietreaSt gate dairy year by
eighty petatent (SON, r:ltr, the Change in the Constintor Niel: brats'.
ClWURA423SA0 ler the StgaltstadarimilEfitemeclon fitentiotalitan Area
tar Urban, Wage Earners arid Olerieel 0.) 00010 .01 Items), (Revised Sedan)
ttl Stll,j2tt 93filt ntemitatet by the 1,1i hunt Status Dteinniament ,a Labor,
Ettprortt ol 1.0000101 Statistics, or a replacement ihident (Ole 'l']'i tociets")-
Artinthrtistratt Itt the (..tbiteetelaell etintettaina itertiteen ,nesitge sated be made :in
Orltr$ of mall cent o.a roo. Fitactionit YESS than one cent ($0.01) shall not be
La)nsk..karcd When making adjustments.
Rates stain he adiusseed annually, beginning „tenuty 1, 2014 One
“Anittattnent Doe). The Contractor shall submit to the City fiar review
and appeovai .a Rine Adjustment Statement, calculating thc neW UAW'S for
the tattat year, by callibintrig the percentage change in the (.31 Index for I he
most rimmt .0o lo 0 2] month period ,evaling 000 Jura datth. The
(.0 110.01o00 ,Sakelitlgertatt 0000100 be net/eared tee the City no bate llhart
Orlatther It St prliOr 0,0 000,01 Aall ratnel Dom and the City shall love oho ly rtfitt
dales to ttettilln the allelllattOrh late latodifientlon 001000.00000,00 000)00 City
opproviat winch shall Mot he ILIDPCOSCalabl, Wiahheial OIC delayed., ihe oww
taiga 'nail tiakC affcct on Statuary let oh next year, ,ordi Customers Shall
bt: notified la Novella bar at load 10110.00 000100 0 0050 days patter LO Lk, date,
Calea Imitator, effective. Should 'ratepayers late roast et thistly
00101110 0000 dot 10 rOniatti dttoirlinet, oo000 theltublion CITOTS by tad
Contrantor, Of Tate ulthaperomat by the 0 itaptathatitaitott of the maw
rates shall Iv delayed by cute iradellt without opperlatolty for recovery tar
last rescoue.
Dinposal Fee Adjastradals
D0,54coal Fee dual be nuale to Contractor trelkabon 10100 00 01
PallaCt thrsteases or decreases lin King COUnry dIsposal rues fm solid mtg.0.
in the event of a change la ,10000s0 lees, Ellie disposni Fee onumleril
VHCS Chaqed to Customers shall 'tee adjusted, based on 1'') 00010,011 COrnann
0016O0 0 000100.' 0000000 to Attwihment 11 of this filontract
Specific examples tor rate natclifications dun0 COnaillner Price Index mid
tfilepoitull live dianthus are provided in Attortaraent 00,
.3 It, Chtimact 001 OSSIspetnalr'ProireaSillig ''..Fa:daea anti I 1pfting Fees
The Contractor assumes atltisk tint llsoo 01000010'510 1)0 oi000l markethig or
01.0100.0 00000.01 stud Combastables 10 011001 Contrenfor 0 reentred by the tinty0000
use peattessing sites OT tratTketa other 0000101 those lacing 04100101 0010 lo 01 trittiatIol.
of this Contraert, the Contractor lariat subruit a detailed proposal her a rate
talltifirMffi 101 ronev Umy oiolJ000000000l toots or sweings Itt 1.ho' 40cialreetrit, 111C
City and 001CaglOi 000' faith any idiatigeti 0 000'
Odell 00110100400.0 rtierta 0100000 00 ltaeirltal.
3.itedt 4010)10 ettnatillitine king
int CehrtnIttle 0 net attit 0001 'ntodify Tates (late oragt
10000.001014.01) U'00' 0'! 01, I Recyclable& Garbage collet:Moo 100!yi1*10000,'CI 101 01100
or Whet ohar.attre affechog she. ehltersithe system—At the atm al the 03hy'S
decision, to offend thiia Contract thtiminjh 000001000 lo ertralatel 10011011 0,00
epOons, the Coolfaclor coat present a request fee relief .tot any ,ftdcerse
011aTket Changea ChM! DOEIVC occurred during the prevlous, period of the
Corns/10, Thr Clityoo, Larlder 00.0 obligaton to ghee Irtensiderolion ror
taikaOnae .0011000)0.0.00 o111 A .00110 dol for invoking the contract extesisicia, opulent,
If new City, Kinn, County, ttlashingion, Stale 07 1 eaeral loxes are intposed
or the 0.1001 of taianiag '10.00aro changed ahem the asehation data el ithe
Corurpo, Mad I1C illOpnaa of 'Meer increassal .drai;Otatatd
COn01rne.01 01(050., 10,0 010,aea5 0' 0101 flumsand dollars (45j166) rruntrlU;y,rIo,'
COntrnanar and Cay shall enter 111001 geed :Chia., negotiations itt ,ilatecmine
01000101! 1001 coreigensatittri adjustments 000. sporerri 100 Oil' d if 0000 1",f.. 411elluni1 e
tratiounl: ancl the method of adtestasen itoiv Tatiorvinere 0 (::Oralactel
ratages ceirtrtart 00 the nneetal 0101000 all ilValatrn peocesg clescfibed tttt
ChiS Se00:60n 0000„
Bureau of Labor Statistics
Consumer Price Index - Urban Wage Earners and Clerical Workers
Original Data Value
Series Id: CWURS49DSA0,CWUSS49DSA0
Not Seasonally Adjusted
Area: Seattle -Tacoma -Bellevue WA
Item: All items
Base Period: 1982-84=100
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 Increase 80% of Increase
2008 216.332 218.483 223.573 223.273 220.687 216.424 219.692 218.664 220.721
2009 218.752 220.208 221.993 221.873 221.339 220.905 220.658 219.853 221.463 -0.707% -0.565%
2010 221.215 222.309 221.857 223.444 223.112 222.853 222.384 221.714 223.053 -0.061% -0.049%
2011 225.790 228.313 230.072 230.558 232.697 231.297 229.435 227.455 231.415 3.703% 2.962%
2012 232.081 234.808 236.222 236.750 237.947 234.588 235.261 233.959 236.564 2.673% 2.138%
2013 236.542 237.405 238.963 239.343 239.363 238.021 238.129 237.271 238.987 1.160% 0.928%
2014 239.607 243.690 244.293 244.471 244.289 240.726 242.732 242.006 243.458 2.230% 1.784%
2015 240.735 243.165 246.925 247.500 246.307 246.146 244.933 243.104 246.761 1.077% 0.862%
2016 246.464 249.396 251.848 252.393 252.639 252.286 250.523 248.769 252.277 1.994% 1.595%
2017 255.471 257.648 259.487 259.528 261.218 262.485 258.847 256.646 261.049 3.033% 2.427%
2018 264.477 266.720 268.957 267.757 269.719 269.470 267.550 265.898 269.203 3.650% 2.920%
2019 271.039 272.393 273.488 274.520 274.358 274.954 273.272 271.825 274.720 1.685% 1.348%
2020 278.081 276.427 276.244 281.131 280.152 279.308 278.476 277.012 279.941 1.008% 0.806%
2021 282.795 286.7 293.607 295.41 286.125 6.285% 5.028%
City of Tukwila RFP
Appendix B2
Service at City Facilities
Facility
Address
Garbage
Recycle
Compostables
City of Tukwila
6300 Southcenter Blvd
4 -yd Garbage 2x/wk
2 -yd Recycling 2x/wk
(6) 96 -gal Recycling 2x/wk
96 -gal Compostables 1x/wk
Evidence & Records Storage
12026 42nd Ave S
4 -yd Garbage, On Call
Fire Station 51
17951 Southcenter Pkwy
1.5 -yd Garbage 1x/wk
96 -gal Recycling 1x/wk
96 -gal Compostables 1x/wk
Fire Station 52
15447 65th Ave S
2 -yd Garbage 1x/wk
2 -yd Recycling 1x/wk
96 -gal Recycling 1x/wk
(2) 96 -gal Compostables 1x/wk
Fire Station 53
4202 S 115th St
1 -yd Garbage 1x/wk
2 -yd Recycle 1x/wk
96 -gal Compostables 1x/wk
Fire Station 54
4237 S 144th St
6 -yd Garbage 1x/wk
2 -yd Recycle 1x/wk
96 -gal Compostables 1x/wk
Fort Dent Park
6800 Fort Dent Way
8 -yd Garbage 3x/wk
George Long Building
14000 Interurban Ave S
8 -yd Garbage 1x/wk
3 -yd Recycle 1x/wk
Justice Center
15005 Tukwila International Blvd
4 -yd Garbage 1x/wk
(3) 96 -gal Recycling 1x/wk
96 -gal Compostables 1x/wk
Minkler Office
600 Minkler Blvd
8 -yd Garbage 2x/wk
2 -yd Recycling 1x/wk
(3) 96 -gal Recycling 1x/wk
Minkler Shops
600 Minkler Blvd
25 -yd Garbage RO, On Call
Parks & Golf Maintenance Facility
13900 Interurban Ave S
25 -yd Garbage RO, 3x/wk
6 -yd Recycle 3x/wk
Starfire Sports Complex
14800 Starfire Way
8 -yd Garbage 1x/wk
Tukwila City Hall
6200 Southcenter Blvd
4 -yd Garbage 2x/wk
(6) 96 -gal Recycling 2x/wk
Tukwila Community Center
12424 42nd Ave S
4 -yd Garbage 4x/wk
4 -yd Recycle 3x/wk
(2) 96 -gal Compostables 1x/wk
Tukwila Pool
4414 S 144th St
2 -yd Garbage 1x/wk
2 -yd Recycle 1x/wk
City of Tukwila
S 144th St
(4) 35 -gal Garbage 2x/wk
City of Tukwila
Tukwila International Blvd
(16) 35 -gal Garbage 2x/wk
City of Tukwila RFP
Appendix B3
2019 Tonnage by Line of Business
RESIDENTIAL
Material
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
TOTALS (tons)
Recycle
86.7
76.9
97.2
67
73.5
87.5
78.5
100.5
84
68.7
69.6
80.6
971
Organics
37.2
26.8
35.8
98.9
116.4
88.9
65
50.2
56.1
39.6
88.3
48.4
752
Garbage
142.4
147
174.1
137.5
187.2
148.6
158.8
178.5
160.5
144.4
133.1
141
1,853
TOTALS(tons)
266
251
307
303
377
325
302
329
301
253
291
270
3,575
MULTIFAMILY
Material
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
TOTALS (tons)
Recycle
58.8
36.1
51.2
58.5
39.8
42.2
49
46.3
47.1
46.3
44.2
52.5
572
Organics
5.6
4.5
5.5
9
7.3
4.2
5.3
4.9
4.8
3.6
4.5
1.9
61
Garbage
273.1
216.8
270
276
319.2
274.8
292.2
290.7
253.8
289.6
274.9
276
3,307
TOTALS(tons)
338
257
327
344
366
321
347
342
306
340
324
330
3,940
COMMERCIAL
Material
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
TOTALS (tons)
Recycle
362
314.4
356.1
442.6
380
345.7
339.9
361.4
312.9
372.4
325.5
343
4,256
Organics
16.5
13.1
8.7
14.5
13.1
6.5
8.7
7.1
7.8
11.2
6.8
4.7
119
Garbage
2,048.9
1,733.5
1,940.3
1,989.4
2,016.4
2,014.0
2,105.9
2,123.7
2,004.5
2,078.4
1,974.7
1,983.6
24,013
TOTALS (tons)
2,427
2,061
2,305
2,447
2,410
2,366
2,455
2,492
2,325
2,462
2,307
2,331
28,388
City of Tukwila RFP
Appendix B3
2020 Tonnage by Line of Business
RESIDENTIAL
Material
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
TOTALS (tons)
Recycle
101.1
77.9
99.7
83.3
77.7
68.8
96.4
93.8
85.2
82.6
73.6
64.3
1,004
Organics
33.9
16.5
38.5
70.6
177.8
110.4
81.5
47.7
54.8
104.6
79.9
49.5
866
Garbage
186.6
142.9
131.4
150.0
203.6
163.3
188.2
165.2
156.4
191.0
173.3
209.5
2,061
TOTALS (tons)
322
237
270
304
459
343
366
307
296
378
327
323
3,932
MULTIFAMILY
Material
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
TOTALS (tons)
Recycle
52.3
40.5
39.1
35.0
36.0
41.1
39.0
38.7
43.4
45.8
49.7
52.0
513
Organics
3.4
2.0
2.8
1.8
3.2
3.5
4.8
3.2
3.9
4.2
3.1
2.4
38
Garbage
307.0
259.9
258.0
273.5
301.7
294.3
320.4
274.4
303.5
302.4
278.9
291.7
3,466
TOTALS (tons)
363
302
300
310
341
339
364
316
351
352
332
346
4,017
COMMERCIAL
Material
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
TOTALS (tons)
Recycle
384.4
322.6
317.0
259.7
264.5
300.8
317.1
298.4
326.5
331.2
350.0
363.1
3,835
Organics
5.5
4.6
4.4
3.5
4.4
5.8
5.6
5.6
6.9
6.7
7.6
6.0
67
Garbage
2,209.1
1,915.6
1,767.8
1,435.5
1,551.5
1,679.3
1,971.3
1,751.4
1,904.0
1,964.6
1,725.2
1,820.6
21,696
TOTALS (tons)
2599
2243
2089
1699
1820
1986
2294
2055
2237
2303
2083
2190
25,598
City of Tukwila RFP
Appendix B3
2021 Tonnage by Line of Business
RESIDENTIAL
Material
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
TOTALS (tons)
Recycle
119.8
67.1
68.9
68.9
78.3
76.7
83.6
76.6
67
66.4
71
844
Organics
47.5
40.9
68.1
130.7
75.2
84.9
101.4
58.3
69.2
77
105.8
859
Garbage
176.9
175.7
160.3
184.6
166.6
145.9
190.9
158.9
159.9
178.3
173.1
1,871
TOTALS (tons)
344
284
297
384
320
308
376
294
296
322
350
0
3,574
MULTIFAMILY
Material
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
TOTALS (tons)
Recycle
53.2
44.8
52
47
46.1
49.8
49.5
50.9
52.7
48.7
55.2
550
Organics
3.4
2
3.3
3.6
2.9
5.9
2.8
3.2
3
2.9
18.9
52
Garbage
305.7
264
303
303.8
282.7
289.7
292.4
277.4
280.1
265.3
290.5
3,155
TOTALS (tons)
362
311
358
354
332
345
345
332
336
317
365
0
3,756
COMMERCIAL
Material
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
TOTALS (tons)
Recycle
373.2
300.5
368.8
361.4
312
369.5
339.3
368
371.8
321.2
391.6
3,877
Organics
6.2
6.7
8
8.7
11
26.4
9.7
10.2
13.2
9.9
18
128
Garbage
1,760.20
1,679.50
2,032.30
2,013.70
1,932.30
1,971.50
2,072.70
1,998.10
1,986.30
1,871.80
1,897.20
21,216
TOTALS (tons)
2,140
1,987
2,409
2,384
2,255
2,367
2,422
2,376
2,371
2,203
2,307
0
25,221
Form 2a Proposed Rates
Base Proposal
City of Tukwila RFP
Form 2
Base Proposal - Weekly Collection
Proponent:
Proponent:
Form 2
Monthly
Weekly
Residential
Curbside
Service
On -Call
Bulky
Waste
Collection
Weekly
Commercial
& Multifamily
Cart
Weekly
Commercial
& Multifamily
Detachable
Container
(compacted)
Weekly
Commercial
& Multifamily
Service Level
32 Gallon Monthly Garbage Cart
10 Gallon Garbage Micro -Can
20 Gallon Garbage Cart
32 Gallon Garbage Cart
45 Gallon Garbage Cart
64 Gallon Garbage Cart
96 Gallon Garbage Cart
Extra Garbage Cans/Bags, 32 Gallon Equivalent (Each)
Miscellaneous Fees:
32 Gallon EOW Compostables Cart
64 Gallon EOW Compostables Cart
96 Gallon EOW Compostables Cart
Extra Compostables Cans/Bags, 32 Gallon Equivalent (Each)
96 Gallon Extra Compostables Cart Rental
96 Gallon Extra Compostables Cart Rental + EOW Service
Service
Level
Count
0
53
326
1,515
0
832
473
Disposal
Fee
Collection
Fee
80
105
1,631
96 Gallon Extra Compostables Cart Rental + Weekly Service (If Alternative is Selected
Return Trip (Per Pickup)
Carry -out Charge, Per 25 ft, Per Month
Drive-in Charge, Per Month
Vacation Standby Fee, Per Month
Redelivery of All Carts After Service Cancellation
White Goods, Except Refrigerators
Refrigerators & Freezers
Sofas & Chairs
Mattresses
Tires
Miscellaneous, Per Cubic Yard
20 Gallon Garbage Cart
32 Gallon Garbage Cart (27 Multifamily, 29 Commercial)
45 Gallon Garbage Cart
64 Gallon Garbage Cart (2 Multifamily, 17 Commercial)
96 Gallon Garbage Cart (18 Multif
lily, 47 Commercial)
Extra Garbage Cans/Bags, 32 Gallon Equivalent (Each)
Miscellaneous Fees:
1 32 gallon Compostables Cart
1 64 gallon Compostables Cart (9 Commercial)
196 gallon Compostables Cart (22 Multifamily, 29 Commercial)
Wildlife Resistant Cart Surcharge (All Sizes)
Return Trip (Per Pickup)
Carry -out Charge, Per 25 ft, Per Month
Drive-in Charge, Per Month
Redelivery of Carts After Service Cancellation (Up to 3 Carts)
1 Cubic Yard Container
1.5 Cubic Yard Container
2 Cubic Yard Container (0 Multifamily, 10 Commercial)
3 Cubic Yard Container (0 Multif
lily, 11 Commercial)
4 Cubic Yard Container
6 Cubic Yard Container (0 Multif
lily, 2 Commercial)
8 Cubic Yard Container (0 Multifamily, 1 Commercial)
1 Cubic Yard, 1 Pickup/Week (8 Multifamily, 71 Commercial)
1 Cubic Yard, 2 Pickups/Week
1 Cubic Yard, 3 Pickups/Week
Total
Service
Fee
5.00
0
56
0
19
65
0
9
51
0
0
10
11
0
2
1
79
2.00
6.00
8.00
7.00
4.00
6.00
5.00
20.00
25.00
50.00
40.00
40.00
10.00
30.00
5.00
7.00
4.00
6.00
20.00
Page 1 of 3
Detachable
Container
(loose)
Commercial
& Multifamily
Drop Box
Collection
Temporary
Collection
Hauling
Container
Rental
and Delivery
Form 2a Proposed Rates
Base Proposal
Proponent:
1 Cubic Yard, 4 Pickups/Week
$ -
1 Cubic Yard, 5 Pickups/Week
$ -
1.5 Cubic Yard, 1 Pickup/Week (7 Multifamily, 23 Commercial)
30
$ -
1.5 Cubic Yard, 2 Pickups/Week
$ -
1.5 Cubic Yard, 3 Pickups/Week
$ -
1.5 Cubic Yard, 4 Pickups/Week
$ -
1.5 Cubic Yard, 5 Pickups/Week
$ -
2 Cubic Yard, 1 Pickups/Week (19 Multifamily, 116 Commercial)
135
$ -
2 Cubic Yard, 2 Pickups/Week
$ -
2 Cubic Yard, 3 Pickups/Week
$ -
2 Cubic Yard, 4 Pickups/Week
$ -
2 Cubic Yard, 5 Pickups/Week
$ -
3 Cubic Yard, 1 Pickup/Week (63 Multifamily, 125 Commercial)
188
$ -
3 Cubic Yard, 2 Pickups/Week
$ -
3 Cubic Yard, 3 Pickups/Week
$ -
3 Cubic Yard, 4 Pickups/Week
$ -
3 Cubic Yard, 5 Pickups/Week
$ -
4 Cubic Yard, 1 Pickup/Week (68 Multifamily, 354 Commercial)
422
$ -
4 Cubic Yard, 2 Pickups/Week
$ -
4 Cubic Yard, 3 Pickups/Week
$ -
4 Cubic Yard, 4 Pickups/Week
$ -
4 Cubic Yard, 5 Pickups/Week
$ -
6 Cubic Yard, 1 Pickup/Week (48 Multifamily, 157 Commercial)
205
$ -
6 Cubic Yard, 2 Pickups/Week
$ -
6 Cubic Yard, 3 Pickups/Week
$ -
6 Cubic Yard, 4 Pickups/Week
$ -
6 Cubic Yard, 5 Pickups/Week
$ -
8 Cubic Yard, 1 Pickup/Week (49 Multifamily, 289 Commercial)
338
$ -
8 Cubic Yard, 2 Pickups/Week
$ -
8 Cubic Yard, 3 Pickups/Week
$ -
8 Cubic Yard, 4 Pickups/Week
$ -
8 Cubic Yard, 5 Pickups/Week
$ -
Extra Loose Half Cubic Yard in Container (Per Pickup)
$ 5.00
Extra Loose Cubic Yard in Container (Per Pickup)
$ 10.00
Extra Loose Cubic Yard on Ground (Per Pickup)
$ 20.00
Miscellaneous Fees:
Return Trip (Per Pickup)
$ 10.00
Container Roll-out, Over 25 Feet (Per 10 Feet, Per Pickup)
$ 5.00
Service Level (Based on Pick Ups)
Haul
Charge
Non -compacted 10 - 40 Cubic Yard Drop -box (0 Multifamily, 85 Commer,
181
Compacted 10 - 40 Cubic Yard Drop -box (2 Multifamily, 47 Commercial)
152
(Counts Above are Nurnber of Containers)
Service Level
Disposal
Fee
Collection
Fee
Haul
Charge
2 Cubic Yard Detachable Container
4 Cubic Yard Detachable Container
6 Cubic Yard Detachable Container
8 Cubic Yard Detachable Container
Non -compacted 10-40 Cubic Yard Drop -box
131
Service Level
Delivery
Fee
Daily
Rental
Monthly
Rental
2 Cubic Yard Detachable Container (applies only to temporary customers)
4 Cubic Yard Detachable Container (applies only to temporary customers)
6 Cubic Yard Detachable Container (applies only to temporary customers)
8 Cubic Yard Detachable Container (applies only to temporary customers)
Non -compacted 10 Cubic Yard Drop -box (applies to all drop -box customers)
Non -compacted 20 Cubic Yard Drop -box (applies to all drop -box customers)
Non -compacted 30 Cubic Yard Drop -box (applies to all drop -box customers)
Page 2 of 3
Forn12a Proposed Rates
Base Proposal
Non -compacted 40 Cubic Yard Drop -box (applied to all drop -box customers)
Proponent:
Miscellaneous Fees:
Per Event
Additional Mileage Charge for Hauls to Other Sites (Per One Way Mile)
Return Trip (Per Pickup)
Stand-by Time (Per Minute)
Drop -box Turn Around Charge
Solid Drop -box Lid Charge (Per Month)
$ 3.00
$ 15.00
$ 1.50
$ 15.00
Event Services
Service
Per Event
Delivery, Provision, Collection of a Set of 3 Carts (G, R &C)
$ 30.00
Hourly
Rates
Service
Per Hour
Rear/Side-load Packer+ Driver
Front -load Packer + Driver
Drop -box Truck + Driver
Additional Labor (Per Person)
Miscellaneous Fees:
Container Cleaning - Carts
Container Cleaning - Detachable Containers
Re -line with Compostable Cart Liner
Per Event
$ 10.00
$ 30.00
$ 5.00
Proposal
Alternatives
(1) Weekly Single -Family Subscription Compostables Collection
(2) Embedded Weekly Single -Family Compostables Collection
(3) Embedded Every -Other -Week Single -Family Compostables Collection
(4) Weekly Single -Family Recycling Collection
(5) Single -Family Electronics Recycling
(6) New Carts at Start of Contract
(7) Unlimited Commercial Recycling
(8) Commodity Value Adjustment
(9) Alternative Service Fee Escalation Component (WST)
(10) Alternative Service Fee Escalation Component (CPI no floor no cap)
(11) Alternative Service Fee Escalation Component (Fixed 3.5%)
Per Month Increase in Rate Per SF Compose
Per Month Increase in Rate Per SF Custom€
Per Month Increase in Rate Per SF Custom€
Per Month Increase in Rate Per SF Custom€
Per Month Increase in Rate Per SF Custom€
Annual Increase or Decrease in Annual Rev
Per Yard Increase in Rate Per Commercial C
Annual Increase or Decrease in Annual Rev
Annual Increase or Decrease in Annual Rev
Annual Increase or Decrease in Annual Rev
Annual Increase or Decrease in Annual Rev
Note: Indicate whether the proposed rate adjustment is positive (increase) or negative (reduction)
Page 3 of 3
APPENDIX D - CITY OF TUKWILA SOLID WASTE COLLECTION RFP
RESPONSE TO INDUSTRY REVIEW COMMENTS
FEBRUARY 4, 2022
1
Section
Hauler
Question/Comment
Response
Action
1.
RFP General
Cedar Grove
In order for the City to ensure capacity for its organic waste, proposers should
disclose proposed facility annual permitted capacity, annual processed tonnages for
Agreed.
The RFP has been revised accordingly.
recent years, and any violations for exceeding capacity limits. Daily limits are not as
relevant in the compost industry.
2.
RFP Section 1.2
WM
1st sentence "Single -Family residences in both contractor areas.."
The City Service Area encompasses the entire city except for one small
annexation area served by Republic Services.
The RFP has been revised accordingly
Is this a typo or are there other areas of Tukwila served by another contractor?
3.
RFP Section 1.2
Recology
§1.2 states, "Garbage collection is not mandatory in the City of Tukwila." Can you
provide the percentage of city households currently do not receive franchised solid
waste collection service?
The City does not track this information. A reasonable estimate could
be developed by proponents by comparing service level counts with
census data.
No changes.
4.
RFP Section 1.2
Recology
What is the estimated value of the existing metal containers, should the proposer
elect to purchase them?
The released RFP contains this information.
The RFP has been revised accordingly.
5.
RFP Section 1.2
Recology
What is the current manufacturer of the existing carts?
The original cart distribution under the current contract consisted of
Toter -brand carts, while replacement carts provided by the WM over
the past few years have been Cascade -brand carts.
The RFP has been revised accordingly.
6.
RFP Section 1.2
Recology
Would the City consider requiring new carts and containers in the base proposal?
Given that many of the carts & containers are approaching 10 years old, many carts
may need to be replaced. This would also require similar capital expenditures from
all proposers (including the incumbent), facilitating a competitive RFP process and
provide an "apples to apples" comparison between proposals.
The City prefers to retain the value of the existing carts to the benefit of
ratepayers. However, the City will closely review the alternative pricing
provided for new carts and will make the decision at the point of
contract finalization.
No changes.
7.
RFP Section 2.2
WM
Should the listed zip code 981288 be 98188?
Yes.
The RFP has been revised accordingly.
8.
RFP Section 2.4
Recology
2.4: The second paragraph states "RFP questions must be received by 3:00 PM
on January 4, 2022 in order to be considered." We believe this is a typo, and should
be revised to "3:00 PM on March 28, 2022."
The dates in the industry review version of the RFP are placeholders.
The final issued RFP contains the actual dates that will be used in this
process.
The RFP has been revised accordingly.
9.
RFP Section 2.4
Recology
If the City chooses to conduct any of these items in this list as part of the evaluation
process, would it apply to all proposers? We encourage the City to conduct site
visits, meet personnel, contact current customers, etc. for all proposers, including
the incumbent. This will allow the City to conduct a more accurate current
comparison of the current operations for each proposer.
That approach would generally be the City's intention. However, in the
event that a particular element of a proposal raises questions that
warrant further investigations, it is possible that those investigations
might only apply to that proposer.
No changes.
10.
RFP Section 2.8
WM
Due to Covid and working remotely, would the City accept electronic signatures?
Yes.
The RFP has been revised accordingly.
11.
RFP Section 2.11
Recology
Would the City consider revising the evaluation scoring to place a greater emphasis
on quality of services, such as 50 points for rate evaluation and 50 points for
qualitative aspects? Delivery of quality service is of great importance. Therefore,
The City's scoring emphasis worked well during the City's last
procurement process and will be continued.
No changes.
1
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we believe that the scoring system should focus evenly on price and quality is
essential to selecting a strong contractor.
12.
RFP Section
2.11.1
WM
Would the City consider adjusting the Rate Evaluation from 60 points to 70 points
and Qualitative Aspects from 40 points to 30 points, so rate payers are given the
best opportunity for the lowest rates possible?
The City's scoring emphasis worked well during the City's last
procurement process and will be continued.
No changes.
13.
RFP Section
2.15.3
WM
Would one original proposal and six copies be acceptable?
Yes.
The RFP has been revised accordingly.
14.
RFP Section B.3
WM
WM also requests that this question be limited to listing all litigation/arbitration in
the last 5 years to iust WM and not its subcontractors. This question seeks
The language in the RFP only requires disclosing matters related to
"directly providing services to customers." For example, a vehicle
fueling subcontractor does not provide services directly to customers,
whereas a cart delivery subcontractor does directly interact with
customers in the course of performing contract services. The City has a
legitimate interest in the affairs and reputation of the latter.
No changes.
information on subcontractors with very limited connection or relevance to WM's
ability to perform the requested services contained in the RFP.
15.
RFP Section B.3
WM
WM requests that the following portion of this question: "...any litigation or
arbitration ... arising from operating permits and other operating requirements,
including local, state and federal rules or regulations. ", be limited to any litigation
or arbitration WM has been involved in within the last five years relating to
The City is interested only in matters that demonstrate a pattern of
conduct. Individual speeding tickets or minor traffic violations are not a
particular concern unless they trigger a broader investigation of driver
training or management.
No changes.
environmental, health, and safety enforcement actions, for WM's solid waste
collection operations in Washington, Oregon and Idaho. Otherwise, this question
could be overly burdensome because it could be read to include a delinquent real
estate tax payment, speeding ticket, or other minor violation wholly irrelevant to
the RFP. Additionally, WM requests that the response is limited to its U.S.-based
operations.
16.
RFP Section B.3
WM
WM requests that the City agree to WM providing only summaries of any litigation
or arbitration disclosures it makes, as "pleadings" is very broad, and most
settlement papers are confidential.
This is acceptable.
The RFP has been revised accordingly.
17.
RFP Section C.1
WM
"Identify any subcontractor used for container inventory and delivery or retrofitting
via painting or application of new decals."
Is this meant for implementation of new contract work?
This applies to all customer-facing work under the contract.
No changes.
18.
RFP Section C.2
WM
2nd Paragraph, last sentence. Collection service is not mandatory in the City
currently and there is no requirement for mandatory collection in the Draft
Contract, does the City intend to move to mandatory collection during the term of
the new contract? If so, WM recommends adding language to the Contract
regarding mandatory service and enforcement.
The current or future City Council may or may not choose to implement
mandatory collection. City staff has provided no recommendation on
this issue at this point. Implementation details would be negotiated at
the time mandatory collection is considered.
No changes.
19.
Contract Section
1
Recology
Definitions: Would the definition of "commercial customer" include Residential
addresses that request commercial services?
Yes. The existing definition is based on the type of services used by a
customer, not a property's zoning classification or use.
No changes.
20.
Contract
Definitions
WM
Bulky Waste: Would the City consider including the term "Unacceptable Waste"
rather than "Hazardous Waste" in the last sentence ("Bulky Waste does not include
piles of debris, car parts, construction or demolition debris, any item that would be
considered Hazardous Waste, Unacceptable Waste, or stumps.").
Agreed.
The Contract has been revised
accordingly.
21.
Contract
Definitions
WM
Customer: Request clarification that "Customer" refers to account holders of the
Customer's services within the City set forth in this contract. There may be
customers of the Contractor that fall outside of the contract franchise.
Agreed.
The Contract has been revised
accordingly.
2
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Suggested change: All account-holders of the Contractor's services within the City
as set forth in this contract.
22.
Contract
Definitions
WM
Detachable Container: compacting detachable containers should be limited to lyard
through 6yard as described in contract section 4.2.4.2
It appears that there is currently one 8-yd detachable container
customer within the City who already receives service. Before allowing
service to be removed from this and other customers, the City would
like additional information about how weight limits are determined and
enforced and whether this is only a problem for customers with wet
wastes. The City may consider either changing the size limit and/or
weight limits to address this issue. This topic can be discussed during
contract finalization with the selected proposer.
No changes at this time.
23.
Contract
Definitions
WM
Extra Unit: Would the City consider billing in partial yards for garbage containers?
Agreed.
The Contract has been revised
accordingly.
24.
Contract
Definitions
WM
Garbage: Would the City consider including "Unacceptable Waste" in the last
sentence ("The term 'garbage' shall not include hazardous waste, Unacceptable
Possibly. Some of the items that might technically be considered
Unacceptable Wastes depending on the generator type are acceptable
as Garbage. For example, a smoke detector might be considered
radioactive waste, but the current best practice is to dispose of
residential quantities in regular garbage. Similarly, personal hygiene
products and diapers may be considered infectious waste in an
institutional environment, but as regular garbage from single family
residences.
Adjusting the definitions can be discussed during contract finalization,
provided that such adjustments do not degrade service, introduce
unnecessary complexity in contract management, or create gaps in
hauling authority.
No changes at this time.
Wastes, Source-separated recyclable materials, or Source-separated Compostables."
25.
Contract
Term of Contract
Recology
We request that extension be at mutual agreement between the City and the
Contractor.
The City and Contractor may choose to mutually extend the contract by
any period at any time. The extension as written is intended to be a
"hard" extension, at the sole option of the City.
The Contract has been revised
accordingly.
26.
Contract
Term of Contract
WM
Would the City consider a mutual agreement in extending contract for one, two-
year extension?
See #25.
The Contract has been revised
accordingly.
27.
Contract
Section 3
WM
Contractor Representations and Warranties: Would the City consider deleting "or
will contain" under Accuracy of Information? This clause requires the Contractor to
represent and warrant to future statements. The Contractor can only represent and
warrant to the accuracy of statements at the time of the statements, not in the
future.
The paragraph has been revised to address this concern.
The Contract has been revised
accordingly.
28.
Contract Section
4.1.1
WM
Is the City contemplating future annexation areas and if so, what areas are under
consideration?
There are two small potential annexation area identified by the City.
Additional information may be obtained from the planning department.
No changes.
29.
Contract Section
4.1.3
WM
Would the City consider Commercial Customer collections 24-hours per day Monday
through Saturday provided services do not take place in areas adjacent to
Residential dwellings?
Yes.
The Contract has been revised
accordingly.
30.
Contract Section
4.1.3
Recology
The current agreement allows for the collection contractor to conduct commercial
collection services 24 hours per day, 7 days per week, provided they are not in areas
adjacent to residential areas. Would the City be open to allowing similar language in
this new contract as the current? Per the current agreement:
Yes.
The Contract has been revised
accordingly.
3
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Response
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All regular collections from Residential Customers shall be made on Monday
through Friday between the hours of 7:00 am and 7:00 pm. The Contractor
may perform Commercial collections twenty four hour per day provided such
services do not take place in areas adjacent to Residential dwellings...
Allowing earlier start times at commercial zones greatly improves operational
efficiency, reducing emissions related to idling traffic, cuts down on congestion
during commuting hours, and still minimizes noise impact in residential areas.
31.
Contract Section
4.1.7
WM
"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
The City envisions a default standard of including customer alerts via
text, phone, and/or e-mail, along with a "unsubscribe" menu available
to customers to opt out of various categories of communications. The
details of this arrangement can be defined either through contract
language or a separate "plan" defined at the time of contract
finalization with the selected proponent.
No changes at this time.
communications."
WM believes it is important for our customers to receive messages about any
service delays, or cancellations due to weather, etc. and by allowing customers to
opt out of communications they will not receive these types of important
communications. Would the City consider removing this wording?
32.
Contract Section
4.1.9
WM
First paragraph states placing a written notification tag for why Garbage, Recycle,
Compostables were not collected and then references the contamination reduction
program in section 4.1.11 that is to be developed between the Contractor and the
City and then section 6.1 item 9 applies a performance fee for not providing
Customer reason for rejection.
Is it the intent of the City to have the Contractor apply written notification tags
regardless of what is developed in the contamination reduction program between
the Contractor and the City?
The City intends for tagging to be the default contact standard,
however, the contamination reduction plan can over -ride that standard
if a better approach is developed during the term of the contract.
The Contract has been revised
accordingly.
33.
Contract Section
4.1.11
WM
Would the City be open to allowing a contamination charge for recycling?
Contamination is often not visible from the top of the cart (during a visual lid -lift
audit) and therefore gets collected. Allowing a charge enables the hauler to recover
costs associated with collecting and processing contaminated material. There is
strong evidence charging for contamination is more effective than education alone
in changing customer behavior.
No. However, the City is eager to discuss contamination reduction
options that do not involve additional fees with the selected proponent.
No changes at this time.
34.
Contract Section
4.1.11.2
Republic
In the 4th paragraph, would the City consider changing the language to remove the
word 'promptly' and add the words ... conditions 'within five days' shall be
subject...?
This section has been deleted.
The Contract has been revised
accordingly.
35.
Contract Section
4.1.11.2
WM
Would the City consider rewording to "arrangements" instead of "agreements" with
the primary and back-up recycling processing and compost processing facilities?
These facilities are typically vendors and may not have a formal contract as opposed
to an arrangement that the facilities can be used. WM remains in contact with
various facilities to confirm capacity and other specifications.
Additionally, it is unclear what the City's expectations are to "bring the facility into
compliance" since the Contractor would not have control over a third -party facility.
WM proposes that this language is deleted.
Finally, the City's intent for its option to establish a "regional mutual aid agreement
for processing and transfer" is unclear. Please provide additional detail on what is
envisioned for this option.
This section has been deleted.
The Contract has been revised
accordingly.
4
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Response
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36.
Contract Section
4.1.14.1
WM
Would the City consider a 35-gallon cart size versus the 32-gallon size listed?
Wildlife-resistant Carts are expensive and can be difficult for some customers to use.
Typically, these carts are made available in areas where there are bears and other
large wildlife to keep from accessing the cart. The City of Tukwila is not in an area
with roaming wildlife and WM requests the City reconsider offering this Cart type.
Yes, minor variations in cart size are acceptable, although the rate
proposal evaluation will not be adjusted to reflect minor variations in
cart size. (i.e. a proposer using a 35 gallon cart will be providing 10%
more capacity for the 32 gallon service level size, but the proposed rate
will be considered 32 gallons for the purpose of rate scoring).
Agreed.
The Contract has been revised
accordingly.
37.
Contract Section
4.1.14.4
Recology
§ 4.1.14.4 states that carts and containers should be colored blue for recycling, grey
for compost, and green for garbage. Would the City consider changing the color
assignments to match regional color standardization, which supports recycling best
practices and contamination minimization (garbage - grey, compost - green,
recycling - blue)?
Yes, if the old carts are completely removed or repurposed and there is
regional agreement between jurisdictions and companies as to a
consistent color scheme.
No changes at this time.
38.
Contract Section
4.1.14.4
Cedar Grove
If new carts are issued, we would suggest green or brown for yard waste, blue for
recycle, and gray or black for garbage.
See Question #37, above.
No changes at this time.
39.
Contract Section
4.1.14.4
WM
"In-place Containers inherited from the City's previous contractor shall be washed
and relabeled within sixty (60) days of the start of collection service under this
Contract."
Is the City open to a longer period of time to wash and relabel Containers? A
sufficient number of temporary replacement Containers would need to be available
while the existing Containers are being washed and relabeled in accordance with the
implementation plan.
Yes.
No changes at this time.
40.
Contract Section
4.1.14.6
WM
Last sentence "Failure to remove Containers within the specified timeline shall be
subject to the same performance fees as delayed Container delivery for that
Customer sector."
The word removal should be added to Section 6.1 items 10 & 11 to make clear the
Agreed.
The Contract has been revised
accordingly.
expectation.
41.
Contract Section
4.1.14.6
Recology
Container Removal Upon City or Customer Request:
Can the City clarify: is the 7 day container removal timeline applicable to commercial
customers, while the 3 day requirement is applicable to residential?
In addition, would the City be open to adjusting these timelines to "7 business days"
and "3 business days?"
The contract has been revised to clarify the number of business days.
The Contract has been revised
accordingly.
42.
Contract Section
4.1.18
Republic
In the 5th paragraph, would the City consider inserting the words "affecting the
Services hereunder" to read "...status of active labor negotiations affecting the
Services hereunder on a daily basis..."?
Yes.
The Contract has been revised
accordingly.
43.
Contract Section
4.1.20
Republic
Would the City consider adding the word negligent to read "...property or person
caused by the negligent actions of Contractor..."?
Yes.
The Contract has been revised
accordingly.
44.
Contract Section
4.2.1.3
WM
Would the City consider a 35-gallon cart size versus the 32-gallon size listed?
Yes.
No changes at this time.
45.
Contract Section
4.2.1.3
Recology
Specific Collection Requirements:
This is acceptable provided that the language is revised to "customer or
City request," and that the Contractor's promotional materials and
customer service protocol includes specific measures to inform
The Contract has been revised
accordingly.
5
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Response
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• Would the City be open to editing this as follows: The Contractor shall
provide locks for Containers upon r �,f(Hrr i request..."
• How many containers in the City currently have locks?
customers that locks are available at no additional charge both upon
initial service sign-up or at any time.
Unknown.
46.
Contract Section
4.2.2.1
WM
Would the City consider "The City and Contractor each reserves the right to engage
The City prefers to coordinate product stewardship programs and
policies to avoid the possibility of conflicting program objectives or
communications.
No changes.
in product stewardship..."
47.
Contract Section
4.2.22
WM
Would the City consider a 35 -gallon cart size versus the 32 -gallon size listed?
Yes.
No changes at this time.
48.
Contract Section
4.2.2.3
WM
As an industry standard recycle materials placed at the curb should be kept as dry as
possible prior to collection; once paper and cardboard materials, specifically,
become wet they start to deteriorate.
Would the City consider wording that requires extra recycle materials be placed in
Containers or plastic tubs with lids versus boxes and paper bags next to the cart?
The draft contract has been revised to allow customers a second
recycling cart if they need one to contain all recyclables.
The Contract has been revised
accordingly.
49.
Contract Section
4.2.3.2
WM
Would the City consider a 35 -gallon cart size versus the 32 -gallon size listed?
Yes.
No changes at this time.
50.
Contract Section
4.2.3.2
WM
"The Contractor shall provide Compostable Cart cleaning and deodorizing at no
additional charge. Compost Carts shall be cleaned and redelivered to existing
Compost collection customers upon their request."
Please consider placing a limit on the number of times a Customer can request this
service at no charge. We suggest one time a year.
Agree. The Contract has been revised to once per year.
The Contract has been revised
accordingly.
51.
Contract Section
4.2.3.3
Cedar Grove
In the RFP alternative section, it claims the Base Contract includes weekly organics
collection. However, in the draft contract it states organics are every other weekThe
(4.2.3.3). As a processor of organic waste, it is highly recommended that any
contract that contains residential food waste has a weekly service to reduce
leachate generation, odors, and vectors. If the City intends to include residential
food waste, we request that the collection is weekly
The frequency of collection has been corrected.
City's existing compostables collection schedule is every -other -
week and will continue at that level unless the Health Department
directs more frequent collection or the City elects to include a higher
level of service (via RFP alternative) in the final contract.
The Contract has been revised
accordingly.
52.
Contract Section
4.2.3.3
WM
Please outline the process/criteria the City will use in determining when to
designate "storm events".
Would the City consider limiting the number of times to three per year?
There is not a formal process. A decision will be made by the contract
manager based on conditions at that time. For example, a windstorm
or "silver thaw" might disproportionately affect Tukwila and result in
the contract manager declaring it as one of the designated collection
events, even if the storm had minor impacts elsewhere. For this
reason, the determination of an "event" will not necessarily be the
same as a disaster declaration or other trigger.
Yes, the City has revised the contract language to specify an annual
limit.
The Contract has been revised
accordingly.
53.
Contract Section
4.2.4.3
Recology
Specific Collection Requirements states that, "Multifamily Complex and Commercial
Garbage may request extra collections and shall pay a proportional amount of their
regular monthly rate for that service as established by the City." Can the City clarify:
is this a rate for extras, or a rate for return collections? Would the City instead be
open to adding this to the rate sheet as a fixed rate? A fixed rate would be more
straightforward for customers, and simpler for contractors to administer.
The current language is designed to be applicable across a range of
container sizes without adding additional rates to Form 2 (Contract
Attachment B). Return fees do not necessarily apply in this case
because they imply a disruption to routing (e.g. going off route to
return to a location previously blocked by a vehicle), whereas advance
notice of an extra pickup can be worked more efficiently into a route
before the route starts. In practice, an extra pickup for a weekly
container that cost $500/month would be $500/4.33 = $115.47. Since
the $500 monthly rate includes container rental, this approach yields a
No changes at this time.
6
7
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Question/Comment
Response
Action
slightly higher per -pickup rate than scheduled service, but without a
return rate surcharge.
If a contractor strongly prefers to have this on the rate attachment to
the Contract, this can be done (based on the above example) at the
time of contract finalization.
54.
Contract Section
4.2.4.3
WM
"Multifamily Complex 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."
Can the City clarify: is this a rate for extras, or a rate for return collections? Would
the City instead be open to adding this to the rate sheet as a fixed rate? A fixed rate
would be more straightforward for customers, and simpler for contractors to
administer.
See Question #53.
Note that this is neither an "extra" rate nor a "return collection" rate.
This is a rate for an additional pre -arranged collection of the container
before the next regular collection cycle.
No changes at this time.
55.
Contract Section
4.2.5.1
WM
Would the City consider adding the following to the first sentence: "All properly
prepared Recyclables listed in Exhibit C for Multifamily Complex and Commercial
Customers (including those Multifamily and Commercial Customers using
permanent Drop -box Collections service), shall be collected as part of the basic
Yes.
The Contract has been revised
accordingly.
Garbage collection services without extra charge." This is consistent with Section
4.2.7.1.
56.
Contract Section
4.2.7.3
WM
Dropbox Garbage: The contract does not allow the Contractor to charge for services
(lock/unlock containers/gates or charge for locks). In lieu of this approach, which will
increase costs to all customers, would the City allow charges for these services as
requested by the customer?
The City prefers to offer a more comprehensive service.
No changes.
57.
Contract Section
4.2.10.1
WM
First paragraph — Can the City quantify the number of street litter or recycling
receptacles within the City?
Second paragraph — Can the City provide more information on the expectations of
street custodial services as there are many safety issues to take into consideration
especially with locations of litter control. How are these services being provided for
currently?
According to the current no -charge service list provided by WM, there
are (20) 35 -gal garbage carts serviced twice a week.
No changes.
58.
Contract Section
4.2.10.1
Recology
§4.2.10.1: The schedule and scope of these services should be determined in
advance and hours cannot be banked if they are not used in a given month. Could
the City please clarify?
The City assumes that the costs of the defined services will be included
in customer rates, so it is certainly reasonable that street clean-up
hours can be "banked" since they've been funded. There may be
instances where services cannot be used for one or more months due
to inclement weather, pandemic, or other reasons and that there would
be a reasonable catch-up period for that level of work.
No changes.
59.
Contract Section
4.2.10
Recology
Please clarify that municipal services are limited to regular weekly collection service,
and exclude dumpsters for special projects.
Agreed.
The Contract has been revised
accordingly.
60.
Contract Section
4.2.11
WM
These events sound similar to grant funded collection events hosted through -out
various King County cities; are these the same type of events? Can the City provide
previous collection data? Will the City set a maximum number of Drop Boxes and
materials to be collected as well as the hours the event is open? These details will
be important in setting up successful events and cost planning.
The grant funding typically covers hard -to -recycle items. The City also
uses those events to offer disposal of bulky garbage items. The
Contractor's support at those events (funded through the collection
contract) is limited to garbage containers and the hauling and disposal
of garbage.
The Contract has been revised
accordingly.
61.
Contract Section
4.2.12
WM
What are the items listed in Exhibit B for collections and how are the charges set?
See final RFP. Charges are typically based on current charges,
surrounding WUTC areas, estimated level of effort and truck/driver
time (cost -of -service), and/or desire to incentivize or disincentivize
certain services.
No changes.
7
8
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Hauler
Question/Comment
Response
Action
62.
Contract Section
4.2.13
Republic
Would the City consider adding the sentence "If any Unacceptable Waste is
tendered to the Contractor under this Contract, title to and liability for such
Unacceptable Waste shall at no time pass to the Contractor."?
No.
No changes.
63.
Contract Section
4.3.2.1
WM
"The Contractor shall provide and publicize a telephone number capable of handling
service-related text messages."
Would the City consider this as a future possibility as there is typically one customer
service phone number and not different phone numbers for different functions?
The Contractor may add SMS or MMS to their existing phone line, or
add and publicize a short code (typically 4-6 digits in length) to allow
Customers to send text messages.
The Contract has been revised
accordingly.
64.
Contract Section
4.3.2.4
WM
"A Customer shall be able to talk directly with a Customer service representative
when calling the Contractor's Customer service telephone number during Office
Hours without navigating an automated phone answering system."
Many companies use automated phone answering system that actually assist the
Customer in getting to the appropriate department in order to assist with requests.
A system like this also is useful if there are ever heavy inbound calls that may not get
answered directly by Customer service representative if phone lines are busy.
Automated systems provide the ability to redirect calls to other available customer
service agents within the system when there are emergencies such as weather
events, lost power, etc. Would the City consider removing "without navigating an
automated phone answering system" so that more sophisticated customer support
systems may also be used?
The contract will be revised to more specifically address this intent:
"A Customer shall be able to talk with a Customer service
representative when calling the Contractor's Customer Service
telephone number during Office Hours without navigating an
automated phone answering system that takes longer than sixty (60)
seconds to navigate."
The Contract has been revised
accordingly.
65.
Contract Section
4.3.2.6
Republic
With the respect to the telephone 'app', would the city consider the ability for a
click through on the app to our city specific website for rates for services, vs having
the rates load on the app?
Also, would the city consider the same for the chat/instant message to a customer
service agent?
Agreed. These specific provisions can be addressed during contract
finalization with the selected proposer.
No changes at this time.
66.
Contract Section
4.3.2.6
Republic
With respect to the requirement for changes requested by the City, of a textual
nature, that are related to an emergency 3 hours may sometimes not be
accomplished if at end of business or outside business hours. Would the City
consider adding such language to this section?
Agreed.
The Contract has been revised
accordingly.
67.
Contract Section
4.3.3
WM
"The Contractor may stop services to delinquent accounts with the prior approval
of the City."
Since garbage service is not mandatory in the jurisdiction, would the City consider
removing the above sentence?
Agreed.
The Contract has been revised
accordingly.
68.
Contract Section
4.3.4.1
WM
Item 7 — "... and the amount of additional paid Recyclables capacity arranged by any
Customer."
„
Section 4.2.5.3 states Any additional recycling may be fee-based as negotiated
between the Customer and the Contractor."
Item 7 — as noted above should be removed because this requirement is outside the
scope of the contract and not required by other service providers that may be
servicing customers in the City of Tukwila.
This reporting element is necessary under the base contract scenario of
"150% of garbage" commercial recycling. The City will need to actively
monitor those customers exceeding the threshold to confirm that they
have received the contract services correctly, without interruption or
charge, and that additional services are billed outside of the contract
and correctly identified as such.
If the City elects to shift to unlimited commercial recycling, this function
would be unnecessary and this element will be deleted.
No changes.
69.
Contract Section
4.3.4.1Please
WM
Item 11— "A sustainability report, including...
provide additional language to clarify what the City's expectations are for a
sustainability report.
The contract has been revised to require an annual sustainability
report. The content of that report item will be discussed during
contract finalization with the selected proponent. The reporting
requirements are not expected to be extensive and will most likely be
loused on the overall carbon use of the contractor's operations under
The Contract has been revised
accordingly.
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the contract as well as the contractor's general activities in support of
sustainability.
70.
Contract Section
4.3.4.2
WM
Item 6 — "...with the results of required contacts made during the year..."
Section 4.3.5 last paragraph says that contacts to the manager or owner of
Multifamily Complex sites shall be "...at the City's request...."
Please clarify if Multifamily Complex annual site visits are required or only upon
request by the City?
The language has been revised to reflect contractor contact without
City request.
The Contract has been revised
accordingly.
71.
Contract Section
4.3.4.2
WM
Item 7 — "...with the results of required contacts made during the year to promote
the Recycling and/or Compostables service to those sites...."
Section 4.3.5 Promotion and Education does not list any required Commercial
Customer contacts.
Please clarify if Commercial Customer annual site visits/contact are required or not?
The City will continue to contract separately for commercial technical
assistance services. Duplicative contractor activity is not required.
The Contract has been revised
accordingly.
72.
Contract Section
4.3.4.2
WM
Item 8— "A detailed report on Container change-out, cleaning, painting, re-
stickering and/or labeling, and replacement completed or not completed on
schedule during the previous year."
Would the City please provide more context to this reporting requirement since
"Container" includes all Carts, Detachable, and Drop-boxes; is this in the course of
regular work or part of implementation, etc.?
This reporting item has been deleted.
The Contract has been revised
accordingly.
73.
Contract Section
4.3.4.3
WM
"These reports shall not require the Contractor to expend more than one hundred
50. This has been corrected.
The Contract has been revised
accordingly.
(50) staff hours per year..."
What is the correct number of hours, one hundred, or (50), or something else?
74.
Contract Section
4.3.5
WM
Since all programs, education and outreach are at the direction of the City, what is
the City most interested in seeing implemented? Is there a particular customer
sector or area of focus (food waste reduction, composting, etc.) that is a priority for
the City?
The City is interested in a contractor that will be flexible and responsive
at the direction of the City knowing priorities can change over the ten
year contract. The contractor will also meet the needs of the City's
comprehensive plan and the City's goal of ultimately reducing waste for
all sectors.
75.
Contract Section
4.3.5
WM
3rd Paragraph — "The service guide may be printed and electronic (e.g., link to a
website with a condensed service guide)."
Would the City clarify if guides are to be distributed both electronically and mailed,
or if there is an option to print or email Customers?
The contract has been revised to clarify that guides must be printed and
available electronically on the contractor's website. The City is
interested in a better system to allow customers to opt "in or out" of
various functions, including selecting printed, electronic, or no
communications by function/item. This can be discussed during
contract finalization.
The Contract has been revised
accordingly.
76.
Contract Section
5.1.1
WM
"Senior low-income and/or disabled resident discounts of fifty percent (50%) shall
be offered to Single -family residential Customers meeting the City's eligibility
criteria."
What is count of customers meeting the City's eligibility criteria currently that would
be extended the 50% discount?
This is unknown at this time. If additional information becomes
available, it will be released via addendum.
No changes.
77.
Contract Section
5.1.2
Recology
Itemization on Invoices: Since residential compost is subscription based, we believe
it should be listed separately on the invoice. Can the City please clarify?
Correct. The base contract has been revised.
The Contract has been revised
accordingly.
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78.
Contract Section
5.1.2
WM
2nd Paragraph — "The Contractor shall not charge separately for the collection of
Source -Separated Recycling or Residential Compostables collection, other than
Correct. The base contract has been revised.
The Contract has been revised
accordingly.
Commercial Recyclables collection in excess of the 150% threshold limitation
described in Section 4.2.5.3."
Residential Compostables is subscription based per Section 4.2.3.1. The above
language "or Residential Compostables" should be removed.
79.
Contract Section
5.3.1
WM
The reference to a "request" is ambiguous and confusing because the annual rate
adjustment should be automatic and should not require a "request". WM
recommends revising this sentence to read as follows:
Adjustments shall be based on the change in the CPI for the twelve (12) month
The use of "request" recognizes that the contractor submits proposed
rates for City review and approval. It is uncommon, but contractors
have occasionally made mistakes in their rate calculations and have
needed to correct their proposed rates. The choice of words is
intended to reflect that review process rather than viewing the rate
adjustment as fully automatic without City review and approval.
Note that the complexity of the annual rate process is expected to
increase if the County shifts a portion of the "tipping fee" into a fixed
fee.
No change at this time.
period ending June 30th of the year prior to the January 1st adjustment date.
80.
Contract Section
5.3.1
WM
Would the City consider a cap at 8% to provide risk mitigation for the provider,
allowing more competitive entry rates for the new contract?
Additional inflation adjustment alternatives have been added to the
RFP, in addition to the base contract provisions.
The RFP has been revised accordingly.
81.
Contract Section
5.3.2
WM
"Disposal fee changes shall be effective on the date of the County's implementation,
provided that the Contractor has provided Customers 45 -days notification."
Would the City consider notification provided on Customer invoices as soon as the
County provides notification to the Contractor? Residential Customer billing is every
3 -months making it unpractical to notify with a set 45 -days in advance.
The City is flexible on the language used for this section provided that
compliance is maintained with the State's statutory rate change
notification requirements. This can be discussed during contract
finalization.
No changes at this time.
82.
Contract Section
5.3.2
Recology
We suggest the following revisions to the below sentence:
The City shall review the request promptly and may, at it' sole discretion, allow the
Contractor to increase rates by a City -specified amount to compensate for increased
Compostables processing costs. rho City shall not unreasonably deny these rate
increase requests.
The City expects the contractor to make its own contractual
arrangements with a composting processor. Those arrangements may
or may not feature the same inflation escalator at the City's contract
and they may or may not include some sort of regulatory risk allocation
between the processor and the collection contractor. In any event, the
City is not a party to that processing agreement and cannot simply
allow any claimed increase in costs to pass through to City customers.
Composting costs are not a direct pass-through under this contract.
The Draft Contract language anticipates that there may be
extraordinary events where costs to processors unavoidably increase
beyond expectations and allows the City to consider those events and
underlying costs to possibly allow those increased costs to pass through
to customers. That is the extent that the City is willing and able to
regulate composting cost -related rate adjustments.
No changes.
83.
Contract Section
5.3.6
WM
1st sentence "In the event that either the Contractor initiates any changes in how..."
The sentence has been corrected.
No changes at this time.
Are the words "that either" a typo or should there be more to the sentence?
84.
Contract Section
5.3.6
WM
This section is too vague and arguably would require a contract price adjustment
every time the Contractor implemented any sort of cost -savings. Moreover,
determining a cost savings can often be difficult, especially for minor changes to our
collection program. Finally, insofar as there is not a corresponding right to increase
prices for program changes, WM feels it is inequitable to require reductions for cost
savings, but no increase for cost increases.
WM requests that it be deleted.
Please carefully review this section. This section ONLY applies if there is
an adverse impact to customers (e.g., a reduction in service). In that
event, the City would want to be in a position to evaluate whether the
reduction in cost is worth the impact to the customer and to ensure
that some economic benefit is directed to customers to compensate for
the reduction in service.
If customers are not adversely affected, then this section does not
apply.
No changes.
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This section can be discussed during contract finalization provided that
no uncompensated reduction in service will be allowed by the City.
85.
Contract Section
6.1
Recology
For item 12, can you please revise to: Intentional Misrepresentation by Contractors
in records or reporting.
The existing language provides a higher standard and will be retained.
No changes.
86.
Contract Section
6.1
WM
Would the City consider giving Contractor a reasonable opportunity to cure, where
feasible, before imposing performance fees? An opportunity for the Contractor to
cure performance deficiencies in Section 6.1 would be consistent with the
opportunity to cure defaults of the Contract under Section 6.2.
No.
No changes.
87.
Contract Section
6.1
WM
#3: It is often not possible to complete cleanups within three hours.
WM requests a revision to the sentence to read: Failure to initiate clean-up or
Agreed.
No changes at this time.
collect leaked or spilled materials and/or failure to notify the City within three (3)
hours of Contractor knowledge of such release.
88.
Contract Section
6.1
WM
#10: With respect to failure to deliver Containers within 3 days of request to
Multifamily Complex or Commercial Customers, would the City consider 3 business
days. As written, if a Container is requested on Friday afternoon, the Contractor is
required to deliver the Container on Monday.
Yes.
89.
Contract Section
6.1
WM
#12 Would the City consider clarifying that performance fees would apply to
material misrepresentations in records or reporting? As written, the section could
apply to non -material scrivener's errors in records or reports.
No. It is unlikely that the City would cite such an error but if it did, the
Contractor has the option to appeal the determination and assessment.
No changes.
90.
Contract Section
6.2
WM
Item 4 - This provision could arguably include Recyclables or Compostables in
Garbage unknown to the Contractor.
WM recommends similar language to that used in Section 6.1: The Contractor
causes uncontaminated Recyclables or Compostables collected in clearly identified
Agreed.
No changes at this time.
containers, bags, or boxes to be disposed of in any way, such as in a landfill or
incinerated at an incinerator or energy recovery facility, without the prior written
permission of the City.
91.
Contract Section
8.3.1
Republic
Under subsection 1. Automobile Liability, would the City consider changing the
language of: ...the policy shall be endorsed to provide contractual liability coverage.
To read: ...the policy shall include contractual liability coverage.?
Also, would the City consider removing the language "for transportation of cargo"?
Also, would the City consider adding "via blanket -form -endorsement" after the
words ...of subrogation in favor of the City?
The base contract has not been changed at this time, but will be revised
accordingly during the contract finalization process to match contractor
insurance requirements.
No changes at this time.
92.
Contract Section
8.3.1
Republic
Under subsection 2. Commercial General Liability Would the City consider adding
the words "via blanket -form -endorsement" between the words "using ISO...
additional insured endorsements DG 2010 0704..."?
The base contract has not been changed at this time, but will be revised
accordingly during the contract finalization process to match contractor
insurance requirements.
No changes at this time.
93.
Contract Section
8.3.1
Republic
Under subsection 4 Contractor's Pollution Liability Would the City consider removing
the words after contract " including that related to transported cargo"?
Also, would the City consider adding, at the end after Contractor's Pollution Liability
insurance policy, via blanket -form -endorsement?
The base contract has not been changed at this time, but will be revised
accordingly during the contract finalization process to match contractor
insurance requirements.
No changes at this time.
94.
Contract Section
8.3.3
Republic
Under subsection 3, Would the City consider adding language to read "...of this
Contract, except workers' compensation and, if applicable, umbrella insurance, shall
provide..."?
The base contract has not been changed at this time, but will be revised
accordingly during the contract finalization process to match contractor
insurance requirements.
No changes at this time.
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95.
Contract Section
8.3.3
Republic
Under subsection 3, would the City consider removing the language "or its insurance
broker" to read "...Contractor shall notify the City of any cancellation..."?
The base contract has not been changed at this time, but will be revised
accordingly during the contract finalization process to match contractor
insurance requirements.
No changes at this time.
96.
Contract Section
8.3.3
WM
Would the City consider adding to "primary insurance with respect to the operations
The base contract has not been changed at this time, but will be revised
accordingly during the contract finalization process to match contractor
insurance requirements.
No changes at this time.
being performed as a part of this contract, City, its officials..."?
97.
Contract Section
8.4
WM
Would the City consider changing the renewal or new bond(s) from sixty (60) days to
thirty (30) days?
Would the City consider adding initial bond shall be provided as of the Date of
Commencement of services?
The City prefers to retain the existing language, as 30 days is very little
time for the City to recognize that the bonds have not been posted, to
take action to notify the contractor of the potential default, and get the
issue resolved.
No changes.
98.
Contract Section
8.5.1
Republic
Would the City be willing to add at the end of this section to read "...contractors or
subcontractors, or (ii) the inclusion of Unacceptable Waste tendered to the
Contractor."?
No, the Contractor will remain responsible for identifying, managing,
and recovering damages associated with Unacceptable Wastes that are
inadvertently collected.
No changes.
99.
Contract Section
8.7.1
Republic
Would the City be willing to add language to read "...surety's approval thereof,
which consent shall not be unreasonably withheld, conditioned or delayed."?
This may be considered during contract finalization with the selected
proponent.
No changes at this time.
100.
Contract Section
8.7.2
Republic
Would the City be willing to change language in the first paragraph to read
"...written approval of the City, which shall not be unreasonably withheld,
conditioned or delayed; provided, however, that the Contractor may assign this
Contract to an entity directly or indirectly controlled by, under common control of
or controlling the Contractor."?
This may be considered during contract finalization with the selected
proponent.
No changes at this time.
101.
Contract Section
8.7.3
Republic
Would the City be willing to change the language to read "...in writing to the City at
least ten (10) days prior to the effective date..."?
This may be considered during contract finalization with the selected
proponent.
No changes at this time.
102.
Contract Section
8.18
WM
WM requests this provision be deleted. The final contract should be a fullyThe
City's contract does not include key person provisions, nor would
the City expect the Contractor's staffing to remain static over the 10+
year contract period. The City is primarily concerned that specific
program enhancements identified by a proposer (and relied on by the
City when scoring proposals) are actually delivered. One approach is to
use the incorporation -by -reference language provided in the contract.
Another approach is to amend the contract and create supplemental
tables to: identify proposal commitments and enhancements;
associated staffing commitments for each proposal item; and financial
resources provided for each proposed item. This latter approach
requires additional time during contract finalization and can be
cumbersome.
The City will retain the current language, but is open to using the
approach identified above during contract finalization, time permitting.
No changes at this time.
integrated and complete document. Incorporating an entire proposal can create
ambiguities and conflicts, especially many years into the contract term. For
example, if a WM identified employee in the proposal leaves the company, does
that create breach because the proposal represented that that person would be
involved with contract implementation. There are too many possible differences
between the final contract and the proposal that could create united consequences
by incorporating the proposal by reference.
103.
Contract Section
8.19
WM
Would the City consider providing the parties split evenly the costs of mediation?
Without such a provision, the Contractor will be disinclined to seek mediation (often
a cost-effective and quick dispute resolution option) as a means of resolving
disputes.
The City prefers the current language.
No changes.
104.
Contract
Exhibit C
WM
"Aluminum — All clean aluminum cans, trays, pie tins, and clean food containers"
Aluminum trays, pie tins and food containers tend to be too dirty to recycle and can
invite contamination into the recycling stream. Additionally, many of these products
The City prefers to have a comprehensive recycling program that
includes high value, high sustainability materials, but is willing to discuss
the range of materials during contract finalization with the selected
proponent.
No changes at this time.
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are low quality and do not hold up in the recycling process. Would the City be
willing to remove these marginal items from the acceptable items list, and simplify
messaging for Customers by sticking to the basics of recycling?
105.
Contract —
General
Cedar Grove
Supporting end markets for compost is critical to sustainable programs, we would
suggest that the City lead by example and commit to procuring a reasonable amount
of the compost generated by City material for use in City parks, projects, and
landscapes.
The City of Tukwila uses a significant amount of soil and other recycled
earth products for its many landscaping projects in parks and for other
City properties/projects. There is a range of material preferences
depending on the intended application, but the largest consideration in
material used is usually cost, and the City considers the full range of
options available to it.
No changes.
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