HomeMy WebLinkAboutExpired Contract 12.2018CONTRACT FOR SOLID WASTE,
RECYCLING, AND COMPOSTABLE
ORGANICS COLLECTION, AND DISPOSAL
BETWEEN THE
CITY OF BREMERTON, WASHINGTON
WASTE MANAGEMENT OF
WASHINGTON, INC.
11111 -� _
RECITALS
DEFINITIONS
ARTICLE 1
AGREEMENT TERM
11 AGREEMENT
12 TERM
13 MANDATORY SERVICE
14 EXCLUSIVE RIGHT FRANCHISE ENFORCEMENT
ARTICLE II
GENERAL OPERATIONS
21 COLLECTION
211 GENERAL
2 1 2 COLLECTION SCHEDULE
21 3 COLLECTION LOCATIONS
2 1 4 COLLECTION FROM SENIORS OR PHYSICALLY CHALLENGED
21 5 DANGEROUS ANIMALS
2 1 6 EMPLOYEES TO USE WALKS IF CARRY -OUT SERVICE DIRECTED
2 1 7 EMPLOYEES NOT TO TRESPASS
22 CONTRACTOR TO MAKE EXAMINATION
23 EMPLOYEES
2 3 1 NON DISCRIMINATION
232 OSHANVISHA
233 COMPLIANCE WITH LAWS
234 EMPLOYEES TO BE COURTEOUS ETC
24 COMPANY NAME
25 CONTRACTOR S OFFICES
26 PERMITS
m
5
5
5
5
5
5
6
6
6
6
6
6
6
6
7
7
7
7
7
8
8
8
8
8
8
27 PUBLIC UTILITIES
28 LOADING
29 CLEANUP OF SPILLS
210 DISRUPTION OF COLLECTION
2 10 1 DISRUPTION OF COLLECTION DUE TO WEATHER
2102 HOLIDAY SCHEDULES
2 10 3 MISSED AND MAKEUP COLLECTIONS
211 COLLECTION EQUIPMENT
2121 RESERVE EQUIPMENT
2 12 2 PAINTING AND CLEANING OF VEHICLES
213 SUBCONTRACTORS
214 METHOD OF DISPOSAL
215 SERVICE TO CITY FACILITIES
216 SERVICE AREA
217 CARTS AND CONTAINERS
218 DELIVERY OF NEW MULTI FAMILY & RESIDENTIAL CARTS
ARTICLE III
REPORTING REQUIREMENTS
31 REPORTING REQUIREMENTS
3 1 1 ANNUAL PROGRAM REPORTS
32 CONTRACTORS RECORDS ACCESS INSPECTION
33 MONTHLY REPORT
ARTICLE IV
INSURANCE AND SAFEGUARDS
41 INSURANCE AND SAFEGUARDS
4 1 1 GENERAL REQUIREMENTS
4 1 2 ADDITIONAL INSURANCE
im
8
8
9
9
9
9
9
9
10
10
10
10
10
11
11
11
11
11
11
11
12
12
12
12
12
12
12
413 CONTINUANCE
414 COVERAGES
4141 ENDORSEMENTS
4 1 4 2 MINIMUM LIMITS
4 1 5 OTHER INSURANCE PROVISIONS
4 1 5 1 MINIMUM SCOPE OF INSURANCE
4 1 5 2 ACCEPTABILITY OF INSURERS
4 1 5 3 CONTRACTORS INSURANCE PRIMARY
42 PERFORMANCE BOND
43 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
4 3 1 INDEMNIFICATION
432 WAIVER OF RCW TITLE 51
44 COMPLIANCE REQUIRED
45 SURVIVAL
ARTICLE V
GARBAGE COLLECTION
51 GARBAGE COLLECTION
5 1 1 CARTS
5 1 2 BULKY ITEMS AND WHITE GOODS
ARTICLE VI
CITY CLEANUP DAYS
61 ANNUAL CITY CLEAN UP
ARTICLE VII
RECYCLE MATERIALS COLLECTION
71 GENERAL RECYCLING PROVISIONS
72 RECYCLING CARTS
ARTICLE VIII
IV
12
13
13
13
13
13
13
13
14
14
14
14
14
14
15
15
15
15
15
15
15
15
16
16
16
16
16
YARD/FOOD DEBRIS
81 COMPOSTABLE ORGANICS COLLECTION
ARTICLE IX
COMPENSATION
91 CITY ADMINISTRATIVE FEES
92 CONTRACTOR RATES
93 CPI ADJUSTMENT
94 OTHER SOLID WASTE COLLECTION SERVICES
95 PASS THROUGH OF DISPOSAL & PROCESSING FEE INCREASES
96 ROLL OFF DISPOSAL FEES
97 COSTS OF AN UNCERTAIN NATURE
ARTICLE X
BILLING SERVICES
101 CONTRACTOR BILLING
102 LIEN FOR NON PAYMENT
ARTICLE XI
DEFAULTS
111 TERMINATION
11 2 LIQUIDATED DAMAGES
ARTICLE XII
ANNEXATION
121 FRANCHISE RIGHTS/ANNEXATION
ARTICLE XIII
MISCELLANEOUS
131 NON WAIVER
v
16
16
16
16
16
17
17
17
17
17
18
18
18
18
19
19
19
19
19
20
20
20
20
20
20
132 NOTICES
133 SEVERABILITY
134 ENTIRE AGREEMENT
135 CHANGE IN SERVICE
136 ASSIGNMENT
137 FORCE MAJEURE
138 APPLICABLE LAWNENUE
139 INDEPENDENT CONTRACTOR
1310 SUBCONTRACTING
1311 TAXES AND FEES
1312 INSOLVENCY RIGHT TO TERMINATE CONTRACT
1313 RESERVATION OF MUNICIPAL AUTHORITY
1314 SUCCESSORS AND ASSIGNS
1315 CORPORATE AUTHORITY
1316 DISPUTE RESOLUTION
vi
21
21
21
21
21
21
22
22
22
22
22
22
22
23
23
CONTRACT FOR SOLID WASTE,
RECYCLING, AND COMPOSTABLE ORGANICS COLLECTION, AND DISPOSAL
BETWEEN THE CITY OF BREMERTON, WASHINGTON
AND WASTE MANAGEMENT OF WASHINGTON, INC
dba BREM-AIR DISPOSAL
RECITALS
WHEREAS, the City of Bremerton, a Washington municipal corporation (the "City"), has
negotiated with Waste Management of Washington, Inc dba Brem-Air Disposal, a Washington
corporation (the "Contractor"), for solid waste collection and recycling pick-up services, and
WHEREAS, solid waste collection service is a fundamental municipal function with
uniform, managed collection necessary for the preservation of public health, and
WHEREAS, Contractor represents that it has the experience, resources, and expertise
necessary to perform solid waste collection services, and
WHEREAS, pursuant to RCW 35 21 120 the City has enacted ordinances codified in the
City's Municipal Code which created a system for the orderly collection and disposal of Garbage
within the City of Bremerton, and
WHEREAS, the City Council finds that by entering into this contract for the collection of
Recyclables and Garbage, the citizens of the City will receive a greater variety of Garbage services
at more stable rates, and
WHEREAS, the City and Contractor have negotiated a mutually advantageous proposal for
providing solid waste collection services and the City Council has determined that the City should
enter into a contract with Contractor for the collection and disposal of Garbage, recycling and yard
debris within the City,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS AND
COVENANTS STATED HEREIN THE PARTIES AGREE AS FOLLOWS
DEFINITIONS
For the purposes of this Contract the following terms shall have the following meanings
Adjustment Date means the date that occurs annually on January 1
Administrative Fee means a monthly fee remitted to the City from the Contractor
Bulky Waste/Items Couches, chairs, mattresses, appliances and other large items that do
not fit into the standard Residential or Commercial Garbage truck
Cart means Contractor owned wheeled cart that is a plastic container with 20, 35, 64 or 96
gallons of capacity, designed for and used with a hydraulic lifting mechanism, fitted with a sturdy
handle and a cover, must be rodent and insect resistant, and be capable of holding collected liquids
without spilling when in an upright position Can be used for garbage, organics and recyclable
collection
Carry Out/Pack Out Service Seniors or physically challenged persons can request a carry
out/pack out service up to 50 feet from the contractor's truck, without extra charge The request
must be in writing with the explanation as to the reason for this service The household cannot have
an able bodied person living in the home Carry Out/Pack Out service is offered to all other
customers for a fee, as set forth in Exhibit A, based on a 50 ft maximum from Contractor's truck
City The City of Bremerton, Washington
Commercial/Industrial Customers Non -Residential customers including businesses,
institutions, governmental agencies, and all other users of commercial type Garbage collection
services
Commercial Recycling Customers Commercial/Industrial customers who voluntarily sign
up for this service
Compostable Organics Means any organic waste materials that are source separated from
Garbage for collection, such as Yard Debris and Food Waste
Contractor Waste Management of Washington Inc dba Brem-Air Disposal, which has
contracted with the City of Bremerton to collect, process, market and transport Garbage/Solid
Waste, Recyclable Materials, and Yard Debris within the City limits
County Kitsap County, Washington
Contract Administrator The Public Works & Utilities Director or a person designated by
that individual
Curb or Curbside The area within five (5) feet of the public street or alley where regular
collection occurs If safe access is difficult or extraordinary circumstances preclude such a location,
curbside shall be considered a placement suitable to the resident, convenient to the Contractor's
equipment, and mutually agreed to by the Administrator and Contractor
Food Waste All compostable pre- and post -consumer food scraps, such as whole or partial
pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds and egg shells, and food -
soiled paper such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes,
pizza boxes, paper milk cartons or other paper products accepted by the Contractor's selected
composting site Foodscraps shall not include large dead animals, plastics, diapers, cat litter, liquid
wastes, pet wastes or other materials prohibited by the selected composting facility
Garbage/Solid Waste All putrescible and nonputrescible solid and semi-solid wastes,
including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition and construction
wastes, and discarded commodities that are placed by customers of the Contractor in appropriate
bins, bags, cans or other receptacles for collection and disposal by the Contractor The term
Garbage shall not include Hazardous Wastes, Special Wastes, source -separated Recyclables or
Compostable Organics
Disposal Fee The fee charged by the Contractor for the disposal of any Garbage or Solid
Waste
Hazardous Waste The waste, material or substance that is not excluded from regulation as
"hazardous waste," "hazardous substance," or "dangerous waste" by application of regulations
adopted by the United States Environmental Protection Agency or the Washington State
Department of Ecology and that now or hereafter
(a) is required to be dealt with as a hazardous waste under regulations promulgated by
the United States Environmental Protection Agency at 40 CFR part 261, or
(b) contains a radioactive material the storage or disposal of which is regulated by state
or federal law or regulation, or
(c) is designated a "dangerous waste" or "extremely hazardous waste" by regulations
adopted pursuant to Chapter 70 105 RCW, or
(d) is required to be dealt with as a hazardous substance under chapter 70 105D RCW
and regulations promulgated by the Washington Department of Ecology at chapter
173-340 WAC
Inaccessible Area Any road that does not allow safe access, turn -around, clearance or does
not meet the weight requirements for the trucks
Mixed Paper Magazines, dunk mail, phone books, bond or ledger grade paper, cardboard
and paper board packaging Tissue paper, paper towels, and frozen food containers are excluded
Multi -Family Residence All multiple -unit Residences including apartments,
condominiums, town houses, and mobile home parks with three (3) or more dwelling units (or any
complex that is billed as a group), where single family collection service is not conveniently
provided
Public Street A public right a way used for public travel and owned by the City
3
Recyclable Material
Aluminum cans,
Clean glass containers, clear, amber and green (no ceramic or window glass),
Mixed paper, mail, magazines, catalogs, phone books, computer paper, white and colored
ledger and corrugated cardboard (no larger than 2 feet by 3 feet),
Newspaper and inserts, or
Clean plastic bottles, milk jugs and dairy tubs
The City and the Contractor can negotiate
Materials list
any deletion or additions to the Recyclable
Non -Regular Scheduled/Temporary Service means, any non -permanent, temporary service
requested by a customer and available by the Contractor to bill for These requested services will
be provided by the Contractor and billed directly to the customer by Contractor City will refer
these types of service requests to Contractor for set up, service scheduling and billing
Recycling Carts A Contractor -owned and provided labeled cart suitable for on-site
collection and/or storage of source -separated Recyclables and Yard Debris at Residential and Multi -
Family locations
Residence A living space individually rented, leased, or owned
Service Area The municipal boundaries of the City both now and as they may be expanded
by annexation during the life of the contract, subject to the provisions of RCW 35 13 280
Single Family Residence All single unit houses, duplexes, and mobile homes where service
is billed to the individual customer
Single Stream Recycling, also known as "fully co -mingled" recycling refers to a system in
which all Recyclable Materials are placed together in the same Recycling Cart, instead of being
sorted into separate commodities by the resident
Special Waste The term "Special Waste" means polychlorinated biphenyl ("PCB") wastes,
industrial process wastes, asbestos containing materials, petroleum contaminated soils, treated/de-
characterized wastes, incinerator ash, medical wastes, demolition debris and other materials
requiring special handling in accordance with applicable federal, state, county or local laws or
regulations
Yard Debris Leaves, grass and clippings of woody, as well as fleshy plants Unflocked
whole holiday trees are acceptable Materials larger than four (4) inches in diameter or four (4) feet
in length are excluded Bundles of Yard Debris up to two (2) feet by two (2) feet by four (4) feet in
dimension shall be allowed and shall be secured by degradable string or twine, not nylon or other
synthetic materials Kraft paper bags and untied reusable bags may be used to contain Yard Debris
ARTICLE I
AGREEMENT, TERM
11 Agreement
The City of Bremerton (hereinafter referred to as "City"), hereby agrees that Waste
Management of Washington Inc dba Brem-Air Disposal (hereinafter referred to as "Contractor"),
shall have the exclusive right to collect Garbage/Solid Waste, Recyclable Material and Compostable
Organics within the city limits, to the extent allowed by law, including all work incidental thereto,
upon the terms and conditions set forth below
12 Term
The term of this Contract is eight years, starting January 1, 2011, and expiring December 31,
2018 The parties may, by mutual agreement, extend the agreement for two (2) successive periods
of two (2) years each Any such extension shall be under the original terms and conditions of this
Contract, unless modified To exercise the option to extend this Contract, the parties shall agree in
writing not less than 180 days prior to the then expiring Contract term
13 Mandatory Service
Collection of Garbage within the City is mandatory for all Residential, Multi -Family and
Commercial customers The City and the Contractor must mutually agree on any exemptions from
service The City and Contractor will cooperate to develop a policy to deal with customers who
wish to temporarily suspend collection service for vacations
14 Exclusive Right, Franchise Enforcement
The City does hereby grant to Contractor the exclusive duty, right and privilege to collect
and dispose, process and market or otherwise handle all residential, commercial, and industrial
Solid Waste generated, deposited, accumulated or otherwise coming to exist in the City, and all
residential/multi-family Recyclable Materials and Compostable Organics generated, deposited,
accumulated or otherwise coming to exist in the City All residential premises, multifamily
complexes, and commercial and industrial businesses within the City shall be required by City to
utilize the Residential/Multi-family recycling collection services and the Solid Waste collection
services of Contractor
When asked by the Contractor, the City shall use its best efforts to protect this right of the
Contractor, however, the City shall not be obligated to loin or instigate litigation to protect the right
of the Contractor The Contractor may independently enforce the exclusive 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 with Contractor in Contractor's actions to enforce such
rights (without obligating the City to loin any litigation initiated by Contractor)
5
ARTICLE II
GENERAL OPERATIONS
21 Collection
211 General
The services to be performed consist of the collection of all Garbage, Recyclable
Material, and Compostable Organics herein referred to which occur within the City of Bremerton
and disposal or recycling thereof The collection of Hazardous Waste is not included within the
scope of this Agreement, and Contractor shall be under no obligation to collect any Hazardous
Waste Nothing herein is intended to prevent Contractor from collecting, transporting and/or
disposing of any non -hazardous or hazardous toxic waste in accordance with applicable federal
and state requirements and regulations, so long as such actions are performed separate and apart
from any action taken in the performance of this Agreement
2 12 Collection Schedule
The collection of Garbage, Recyclable Materials and Yard Debris from Single Family
and Multi -Family customers within the City shall be between the hours of 7 00 AM and 6 00
PM The collection of Commercial customers will be between the hours of 5 00 AM and 6 00
PM
2 13 Collection Locations
Contractor shall collect Garbage, Recyclable Materials and Compostable Organics at
Curbside from all Single Family Residences Contractor may refuse to pick up materials at
locations identified by Contractor and approved by the City, acting reasonably, where, because
of the conditions of the streets, alleys or roads, it is impractical to operate vehicles, and may
refuse to drive into private property where driveways or roads are without adequate turnarounds
or have other unsafe conditions Contractor shall collect Garbage, Recyclable Materials and
Compostable Organics from Commercial customers and Multi -family Residences at a location
mutually agreed upon by the Contractor and the customer, in areas with the least slope and best
truck access possible and which allow Contractor to safely and easily access collection
containers
2 14 Collection from Seniors or Physically Challenged
The Contractor shall offer carry -out service for Garbage, Recyclables and Compostable
Organics to households lacking the ability to place containers at the Curb, at no additional
charge The Contractor shall use qualification criteria that are fair and meet the needs of the
City's senior or disabled residents However, exemptions may be granted in writing by the
Contractor to accommodate the special needs of customers These criteria shall comply with all
local, state and federal regulations, and shall be subject to City review and approval prior to
program implementation
2 15 Dangerous Animals
Contractor will not be required to enter into private property to pick up materials while an
animal considered or feared to be vicious is loose
6
2 16 Employees to Use walk ways if Carry -out Service Directed
Employees, in collecting Garbage and Recyclable Materials, shall follow the regular walk
ways for pedestrians while on private property returning to the street or alley after replacing
empty cans They shall also replace all Garbage cans and covers and close all gates opened by
them All employees shall wear clean clothing or uniforms
2 17 Employees Not to Trespass
Employees shall not trespass or loiter, cross property to an adjoining premise, or meddle
with property which does not concern them
22 Contractor to Make Examination
Contractor shall make its own examination and investigation regarding the proper method
of doing the work and all conditions affecting the work to be done, and the labor, equipment and
materials needed therefore and the quantity of work to be performed Contractor agrees that it is
satisfied with its own investigation and research, and will make no claim against City because of
any of the estimates, statements, or interpretations made by any officer or agent of the City This
Agreement is for the benefit of the parties thereto and is not intended to inure to the benefit of
any third party
23 Employees
All workers employed by Contractor shall be competent and skilled in the performance of
the work to which they may be assigned All drivers must have a C D L "B" or "A" license and
a current medical card Failure or delay in the performance of this Contract due to Contractor's
inability to obtain workers of the number and scope required, shall constitute a default of this
contract
2 3 1 Non -Discrimination
The Contractor will not discriminate against any employee or applicant for employment
because of age, race, religion, creed, color, sex, marital status, sexual orientation, political
ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap,
unless based on a bona fide occupational qualification The Contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their creed, religion, race, color, sex, marital status, sexual
orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental or
physical handicap Such action shall include, but not be limited to the following Employment
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination,
rates of pay or other forms of compensation, and, selection for training, including apprenticeship
The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment any required notices setting forth the provisions of this nondiscrimination clause
Contractor understands and agrees that if it violates this nondiscrimination provision, this
contract may be terminated by the City and further that the Contractor shall be barred from
performing any services for the City now or in the future, unless a showing is made satisfactorily
to the City that discriminatory practices have terminated and that recurrence of such action is
unlikely
2 3 2 OSHA/WISHA
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 The Contractor shall
indemnify and hold harmless the City from all damages assessed for the Contractor's failure to
comply with the acts and standards issued thereunder The Contractor is also responsible for
meeting all pertinent local, state and federal health and environmental regulations and standards
applying to the operation of the collection processing system
2 3 3 Compliance with Laws
Contractor agrees to comply, at its own expense, with all applicable State, Federal and Local
laws, rules and regulations, including, but not limited to, all applicable laws regarding wages
2 3 4 Employees to be Courteous, Etc
Employees of Contractor shall be courteous at all times and not use loud or profane
language and shall do their work as quietly as possible
24 Company Name
Contractor shall not use a firm name containing any words implying municipal ownership
or including the name of the City
25 Contractor's Offices
Contractor shall be required to maintain a local access telephone number or a 800 number
which meets the approval of the City, and such attendants as may be necessary to take care of
complaints, as well as orders for special service or to receive instruction The attendant shall be
on duty between the hours of 8 00 a in and 5 00 p in , Monday through Friday, except holidays
At such times as the office is closed, a recorder shall be in operation
26 Permits
Contractor shall take out and pay for any business license or other fee required by the
City or any other governmental authority which may be required to provide the services under
this Contract
27 Public Utilities
Contractor shall be obligated to protect all public and private utilities whether occupying
street, public or private property If such utilities are damaged by reason of Contractor's
operations under this Contract, he shall repair or replace same
28 Loading
Extra care shall be taken in the loading and transporting of Garbage, Recyclables,
Compostable Organics and other wastes so that the material to be collected is not left either on
private property or on the streets or alleys Any Garbage, Recyclables, Compostable Organics or
other wastes left on private property or on streets or alleys spilled by Contractor shall be cleaned
up within a reasonable timeframe
8
29 Cleanup of Spills
Contractor shall be responsible for the cleaning up of all debris spilled or tracked on any
street, alley or public place by any of his employees or equipment
210 Disruption of Collection
2 10 1 Disruption of Collection Due to Weather
When weather conditions are such that continued operation would result in danger to the
Contractor's staff, area residents, or property, the Contractor shall collect only in areas that do
not pose a danger The Contractor shall notify the City, on the same business day, of the areas
not served
The Contractor shall collect Garbage, Recyclables and Yard Debris from customers with
interrupted service on their next scheduled service day Extra Garbage will not be charged for as
long as it does not exceed double their normal service
2 10 2 Holiday Schedules
The Contractor shall designate which holidays will be observed and indicate the schedule
that will be worked if the holiday falls on a regular collection day The holiday schedule for the
next year shall be provided in writing by the Contractor to the City When the day of regular
collection is a legal holiday, the Contractor may reschedule the service to the next day, example
Monday to Tuesdays, Tuesday to Wednesday, Wednesday to Thursday, Thursday to Friday and
Friday to Saturday The Contractor may not collect Residential Garbage, Recyclables or Yard
Debris earlier than the regular collection day due to a holiday Commercial collections may be
made one day early only with the consent of the Commercial Customer
2 10 3 Missed and Makeup Collections
If the Contractor fails to collect a customer's Garbage, Recyclable Material or
Compostable Organics which have been properly and timely set out for collection during a
regularly scheduled collection, other than as provided in Section 2 10 1 or 2 10 2, the Contractor
shall make a special make up collection within 24 hours (or one business day) of notification by
the City or customer This section applies to omitted collections of a single residence, a row of
residences, or an entire route If Contractor fails to provide a special pickup for a missed
collection within twenty-four (24) hours (or one business day) after notification by the Contract
Administrator or customer, the Contract Administrator may cause the work to be done and the
Contractor shall fully reimburse the City for its collection expenses
211 Collection Equipment
Contractor shall possess or demonstrate to the City's reasonable satisfaction that it has
available to it adequate equipment and vehicles, including reserve or replacement vehicles and
equipment, sufficient to perform the services required of Contractor herein Contractor shall
maintain all trucks and equipment used within the City in good mechanical condition and the
same shall be clean, numbered and uniformly painted All truck bodies used by Contractor shall
be constructed of metal and shall be watertight and leak proof Each vehicle used by Contractor
shall carry at all times a broom and shovel or other item appropriate for use in the prompt
9
removal of any spilled material All vehicles used by Contractor shall have adequate coverage at
all times to prevent the spillage of Solid Waste
2 12 1 Reserve Equipment
The number and type of collection vehicles, including back up or reserve equipment in
event of equipment failure, furnished by Contractor, shall be sufficient for the collection of all
Garbage, Recyclable Materials and Yard Debris Contractor shall make available for rental
detachable containers which meet all applicable safety requirements
2 12 2 Painting and Cleaning of Vehicles
Collection vehicles shall be painted and numbered and shall have the Contractor's name
and number of the vehicles painted in letters of a contrasting color, at least four (4) inches high
on each side of each vehicle No advertising shall be permitted other than the name of the
Contractor All vehicles shall be kept in a clean and sanitary condition
213 Subcontractors
Contractor may not subcontract any portion of the services required by this Contract
without the specific written consent of the Contract Administrator, which shall not be
unreasonably withheld Such consent shall not relieve Contractor from its responsibilities under
this Contract for the services performed by a subcontractor
214 Method of Processing and Disposal
Contractor shall deliver all Garbage, Recyclable Materials and Commercial Organics
collected under the Contract to permitted facilities of its choosing, as approved by the Kitsap
Solid Waste and Kitsap Health Department, for the processing or disposal of such materials
2 15 Service to City Facilities
As partial consideration for this Contract, Contractor shall provide free collection service
of Garbage and Recyclables from all Municipal Buildings, Parks and other City facilities as
described below where city employees are the primary occupants that requires can, cart or
frontload steel containers (1 -yd to 8- yd ) (dirt, concrete, asphalt, grit, road work and
construction materials are excluded) All locations must be accessible to contractors trucks
Norm Dicks Gov Center (Based on Square footage the Cities portion is deducted from
the bill to Kitsap Health Dept )
Bremerton Naval Museum Fire Stations (inside City limits)
City Parks Public Works & Utilities Facilities
Police Dept
Wastewater Treatment Facilities (excluding Bio -Solids)
City Library Senior Center
Black Berry Festival Arm Forces Day Parade
Street cans (as needed, Monday through Friday, 10 feet from truck access)
Gold Mountain Golf Course
10
If there is a material increase in the number of City facilities during the term of this
Contract, then the Parties shall meet and confer in good faith to negotiate an appropriate
adjustment to Contractor's rates set forth herein Roll Off collection services requested by the
City will be charged according to the Rate Schedule minus ten (10) per cent discount on the
hauling portion of the rate
2 16 Service Area
The Contractor shall provide all services pursuant to this Contract within the City Service
Area
217 Carts and Containers
Contractor shall retain ownership of any Carts or other containers provided by Contractor
in performing the services under this Contract Cart deliveries (for new or replacement Carts)
shall be subject to the service rate schedule in Exhibit A Contractor shall deliver Carts necessary
to meet the service requirements set forth under this Contract upon a delivery schedule to be
mutually agreed upon by the contractor and the City
2 18 Delivery of New Multi -Family and Residential Carts
Contractor shall deliver new Carts to Multi -Family, Residential Solid Waste and
Residential Recycling customers during the second quarter of 2012
ARTICLE III
REPORTING REQUIREMENTS
3 1 Reporting Requirements
The Contractor will be required to keep records and submit them to the City as specified
below The minimum reporting requirements set forth below are subject to modification, and
shall include
3 1 1 Annual Pro rg am Reports
The Contractor shall submit Annual program reports for the length of the Contract period
commencing upon the initial day of the Contract These reports shall be completed by January
31 for the previous calendar year The City may request program reports at any time during the
calendar year but allowing the Contractor 30 days to prepare the reports These reports shall
clearly indicate individual totals for single family, multi family and Commercial collection At a
minimum, the reports shall include
a Monthly summary of Recyclable Materials and Compostable Organics by
tonnage, collected and recovered (not disposed of at landfill), by customer
category
b Residential Recycle participation (Count customers twice a year, April and
October)
c Monthly summary of solid waste tonnage, by customer category
d Customer complaint report, missed pick ups, missed deliveries, etc
e Report the overall Service Machine Score of the company based on 1 error per
1,000 services for the reporting period
32 Contractor's Records, Access Inspection
The City shall have the right to inspect and copy all books, records and documents, and to
interview any person, and to review any evidence in Contractor's possession and control that may
assist the City in determining whether the Contractor is in compliance with the Contract
Contractor shall retain all records relevant to determining its compliance with this Contract for a
period of five years after termination
33 Monthly Report
Contractor shall, on a monthly basis, provide the City with a report of all Single Family,
Multi -family, or Commercial units within the City who did not subscribe to collection service
during the prior month, so that the City can investigate such accounts for compliance with the
City's mandatory service ordinance
ARTICLE IV
INSURANCE AND SAFEGUARDS
41 Insurance and Safeguards
4 1 1 General Requirements
Subsequent to the award but prior to the execution of this Contract, the Contractor at its
own expense shall obtain and file with the City a Certificate of Insurance evidencing general
comprehensive liability insurance coverage (including all of the coverages set forth below) This
Certificate of Insurance shall be subject to approval by the City as to company, terms and
coverages All insurance shall be written on an occurrence basis
412 Additional Insurance
Contractor's liability insurance must specifically name the City as an additional insured
thereunder and must fully protect the City from any and all claims, risks and losses in connection
with any activities or omissions by the Contractor by virtue of this Contract
413 Continuance
Contractor's liability insurance must be maintained in full force and effect at the
Contractor's sole expense for liability for property damage or personal injury that may occur in
connection with activities or omissions by the Contractor arising under or related to this
Contract The City shall be given forty-five (45) calendar days prior written notice, by certified
mail, of any cancellation, lapse, reduction or modification of such insurance
12
414 Coverages
4 14 1 Endorsements
Said insurance policy and/or an endorsement thereto, as evidenced by the Certificate of
Insurance, must provide the following minimum coverages and limits and contain the following
provisions
a Bodily Injury
b Employees as Additional Insured
c Premises/Operations Liability (M&C)
d Products and Completed Operations Liability
e Blanket Contractual Liability
f Broad Form Property Damage Liability (including completed operations)
g Personal Injury with no employee exclusion
h Stop Gap or Employers Contingent Liability
i Automobile Liability, including coverage for owned, non -owned, leased or hired
vehicles
4 14 2 Minimum Limits
All Coverages $1,000,000 per occurrence and $2,000,000 aggregate
The providing of coverage in this stated amount shall not be construed to relieve the
Contractor from liability in excess of such limits The City shall not be deemed or construed to
have assessed the risks that may be applicable to the Contractor under this Contract Contractor
will assess its own risks and, if it deems appropriate and prudent, maintain greater limits
4 15 Other Insurance Provisions
4 15 1 Minimum Scope of Insurance
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
proving equivalent liability coverage If necessary, the policy shall be endorsed to provide
contractual liability coverage
Commercial general liability insurance shall be written on ISO occurrence for CG 00 01
and shall cover liability arising from premises, operations, independent contractors and personal
injury and advertising injury
4 15 2 Acceptability of Insurers
Insurance is to be placed with insurers with a current A M Best rating of not less than
A VII
4 15 3 Contractor's Insurance Primary
The Contractor's insurance coverage shall be primary insurance as respects the City Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of
the Contractor's insurance and shall not contribute with it
13
42 Performance Bond
Contractor shall furnish to the City a proper performance bond to be approved by the City
Attorney, conditioned that Contractor shall faithfully perform all the provisions and terms of the
contract and related documents and pay all laborers, mechanics and subcontractors and material
persons, and all persons who shall provide such Contractor with provisions and supplies for the
carrying on of such work, which bond shall be signed by Contractor and two more good and
sufficient sureties or with Surety Company as Surety, and shall be in the amount of One Hundred
Thousand Dollars ($100,000 00) Said bond shall at all times be kept in full force and effect
during the term of this Agreement Contractor agrees to pay all costs, including attorney's fees,
associated with the enforcement of said bond
43 Indemnification and Hold Harmless Agreement
4 3 1 Indemnification
The Contractor shall indemnify and hold the City and its agents, employees, and/or
officers, harmless from and shall process and defend at its own expense any and all claims,
demands, suits, at law or equity, actions, penalties, loss, damages, or costs, of whatsoever kind or
nature, brought against the City arising out of, or in connection with, or incident to, the execution
of this Contract and/or the Contractor's performance or failure to perform any aspect of this
Contract, provided, however, that if such claims are caused by or result from the concurrent
negligence of the City its agents, employees, and/or officers, this indemnity provision shall be
valid and enforceable only to the extent of the negligence of the Contractor and provided further,
that nothing herein shall require the Contractor to hold harmless or defend the City, its agents,
employees, and/or officers for damages or loss caused by the City's sole negligence The
provisions of this section shall survive the expiration or termination of this Agreement
4 3 2 Waiver of RCW Title 51
With respect to the obligations to hold harmless, indemnify and defend provided for
herein, as they relate to claims against the City, their officers, agents and employees, the
Contractor agrees to waive the Contractor's immunity under industrial insurance, Title 51 RCW,
for any injury, sickness or death suffered by the Contractor's employees which is caused by or
arises out of the Contractor's exercise of rights of privileges granted by this agreement This
waiver is mutually agreed to by the parties
44 Compliance Required
Failure of the Contractor to fully comply with any and all of the terms of the foregoing
insurance or bond provisions shall be considered a material breach of this contract and unless
cured by Contractor within 7 days after written notification from the City, shall be cause for its
immediate termination at the option of the City
45 Survival
The provisions of Sections 4 3 1 and 4 3 2 shall survive the expiration or termination of
this Agreement
14
ARTICLE V
GARBAGE COLLECTION
5 1 Garbage Collection
Residential Garbage shall be collected by the Contractor, based on the frequency, service
levels and rates set forth in Exhibit A Commercial and Multi -family Garbage shall be collected by
Contractor in accordance with the frequency, service levels and rates set forth in Exhibit A
5 1 1 Carts
Residential Garbage will be collected in Contractor provided Carts and each customer shall
be required to use a Contractor owned Cart as a primary collection container Extra materials which
do not fit neatly within the customer's primary Cart shall be collected for a fee as set forth in rate
schedule and may be placed adjacent to the primary Cart in customer provided cans, bags, or other
receptacles which can be safely collected by Contractor's personnel and equipment All Multi -
Family Garbage and Commercial Garbage will be collected in Contractor provided Carts or
containers, and extra materials which do not feat neatly within the customer's primary Cart or
container shall be collected for a fee as set forth in rate schedule and may be placed adjacent to the
primary Cart or container in customer provided cans, bags, or other receptacles which can be safely
collected by Contractor's personnel and equipment Commercial customers may provide their own
compactors or containers, provided such can be safely and effectively handled by Contractor's
personnel and collection vehicles
5 12 Bulky Items and White Goods
Upon request from the City, the Contractor shall provide separate collection of bulky items
and white goods (large home appliances such as washing machines, refrigerators (without CFCs),
stoves, etc ) on a call-in basis Residents will be charged fees according Service Rate Fees in effect
at the time of the request
ARTICLE VI
CITY CLEANUPS
61 City Clean up (`Beautify Bremerton")
The Contractor will provide labor, roll off boxes and disposal for this annual event Clean
up sites will be provided at up to eight (8) locations within the City City will provide employees to
monitor the sites and to load material into roll off boxes Hours shall be 9 00 AM to 3 00 PM
Scheduling of this one day clean up will be by mutual agreement The Contractor will be
responsible for a maximum of $12,000 of cost for this event each year, and any Contractor costs
incurred over this amount will be reimbursed by the City
15
ARTICLE VII
RECYCLABLE MATERIALS COLLECTION
71 General Recycling Provisions
Residential Recyclable Materials shall be collected every other week, on the same days as
Garbage collection The cost of Residential Recyclables collection shall be included the rates for
Residential Garbage collection set forth in Exhibit A Up to 64 gallons of extra Recyclables which
do not fit within the Contractor provided Cart will be collected free of charge from Residential
customers, but any additional materials shall be subject to the fees set forth in Exhibit A Multi -
Family Recyclable Materials shall be collected every other week The cost of Multi -Family
Recyclables collection shall be included the rates for Multi -family Garbage collection set forth in
Exhibit A Multi -family customers may set out an equal volume of Recyclable material to the
volume of Garbage service (e g , 1 cubic yard of garbage, 1 cubic yard of Recyclables) as part of the
embedded service Any additional Recyclable materials set out shall be subject to the fees set fort
in Exhibit A
72 Recycling Carts
Contractor will provide a 35 -gallon cart or a 64 -gallon cart to all Residential customers for
Single Stream Recycling The default Cart size shall be 64 gallons, unless a customer requests a
different size Commercial and Multifamily Recycling shall be collected either in Carts or
containers provided by Contractor, based upon the volume of service
ARTICLE VIII
COMPOSTABLE ORGANICS COLLECTION
8 1 Compostable Organics Collection
Compostable Organics shall be collected from Residential customers who choose to
subscribe for such service, on an every other week basis (on the same weeks as Recyclables
collection) on the same days as Garbage collection, at the rates set forth in Exhibit A All
Residential customers who sign up for Compostable Organics collection will be provided a 96 -
gallon cart Yard Waste and Food Waste may be commingled by Residential customers in the
Compostable Organics collection Cart Small Commercial and Multifamily customers may also
participate in the Compostable Organics collection program, for the fees set forth in Exhibit A
Such Commercial and Multifamily customers shall be provided a 96 gallon Cart
ARTICLE IX
COMPENSATION
91 City Administrative Fee
The Contractor shall pay to the City one -twelfth of the annual Administrative Fee by the 5th
of each month beginning January 1, 2011 The initial (1St year) amount of the Administrative Fee
will be One Hundred and Twenty Five thousand dollars ($125,000 00) The annual amount of the
Administrative Fee will be adjusted each year by the same percentages described in sections 9 2 and
93
16
92 Contractor Rates
The Contractor shall be responsible for billing and collecting funds from Single Family,
Multifamily, and Commercial Customers For calendar year 2011, Contractor shall bill in
accordance with the charges for services listed in Exhibit A For calendar year 2012, Contractor
shall bill rates which reflect a 3 5% increase over 2011 rates For calendar year 2013, Contractor
shall bill rates which reflect a 3 5% increase over 2012 rates For calendar year 2014 through the
end of the term of the Contract, the then existing rates set forth in Exhibit A shall be adjusted
annually in accordance with the CPI adjustment set forth in Section 9 3
The Contractor may occasionally provide other services related to solid waste collection in
the City not specifically provided for under Exhibit A of this Agreement In that event, the
Contractor shall use then current rates approved by the WUTC under the Contractor's WUTC Tariff
in the area closest in proximity to the City (as may be amended from time to time) for the service
provided If the intended services are not covered by either this Contract or the Contractor's WUTC
tariff, the Contractor shall notify the City and propose a customer rate for the service Upon
approval of the City, the Contractor may proceed to offer that service "
The Contractor shall charge the rates set forth in Exhibit A, as adjusted over time under this
Contract, for all services performed The Contractor shall be responsible for billing and collecting
funds from Residential, Multi -family, Commercial and Industrial customers in accordance with the
charges listed in Exhibit "A" Service Rate Schedule
93 CPI Adiustment
Commencing on January 1, 2014 and on the same date annually thereafter (the "Adjustment
Date"), the City Administrative Fee and the Contractor's collection service charges (excluding
disposal fees) as set forth in Exhibit A- Service Rate Schedule, as adjusted hereunder, shall be
adjusted by 100% of the annual percent change in the Consumer Price Index ("CPI") - for Seattle,
Tacoma, Bremerton (1982-84 = 100) for All Urban Consumers (CPI -U) as published by the Bureau
of Labor Statistics The first adjustment will be based on the change in CPI as described above, of
the August 2012 published index to the August 2013 published index The CPI adjustment in any
given year shall not be less than zero or more than 8%
94 Other Solid Waste Collection Services
The Contractor may occasionally provide other services related to solid waste collection in
the City not specifically provided for under Exhibit A of this Agreement The Contractor shall
notify the City and propose a customer rate for the service Upon approval of the City, the
Contractor may proceed to offer that service
95 Pass Through of Disposal and Processing Fee Increases
Periodic adjustments shall be made to Contractor's collection rates to pass through any
increase in fees for disposal of Solid Waste or any increase in fees for the processing of Recyclable
Materials or Compostable Organics if such Recyclables or Compostable Organics are being
processed at a third party facility not owned or operated by Contractor
96 Roll off Disposal Fees
On all disposal fees billed directly to customers for roll off hauling services, the Contractor
shall include a 15% mark up applied to the disposal portion of the customer invoice only
17
97 Costs of an Uncertain Nature
The Contractor's service rates set by this Agreement are calculated to pay certain expenses
and costs that are of a contingent and uncertain nature Therefore, in addition to the annual CPI
adjustment provided by Section 9 3 and the other adjustments described in this Article 9, the
Contractor's rates under this Agreement may, upon written request of Contractor or City, which
shall not be unreasonably withheld, be further adjusted on an interim basis for increased or
decreased expenses associated with performance of the services hereunder due to any one or more
of the following causes
a material changes in Contractor's costs resulting from a Force Majeure event,
b changes in the scope or method of services provided by Contractor, changes in the City
Administrative Fee, or other changes or fees required, initiated, or approved by the City,
c any change in law, statute, rule, regulation, ordinance, order or requirement of any
federal, state, regional or local government that is effective after the Effective Date of
this Agreement and has a material impact on Contractor's costs,
d a material increase in the volume of Solid Waste or Recyclable Materials or other
materials collected by Contractor hereunder, whether caused by customer growth and/or
annexation, or a material increase in the cost of diesel fuel,
e any other extraordinary circumstances or causes or reasons that are not within the
reasonable control of Contractor
If Contractor or City requests an adjustment due to the extraordinary circumstances set forth above,
Contractor or City shall prepare a rate adjustment request setting forth its calculation of the
increased or decreased costs and accompanying rate adjustment necessary to offset such increased
or decreased costs The City or Contractor may request any and all documentation and data
reasonably necessary to evaluate such request by Contractor or City, and shall act within ninety (90)
days of receipt of the request from Contractor or City to either approve or disapprove the request,
provided that approval shall not be unreasonably withheld
ARTICLE X
BILLING SERVICES
101 Contractor Billing
Contractor shall be responsible for billing and collection of all charges, fees and taxes for
the collection of Solid Waste, Recyclable Materials and Compostable Organics pursuant to this
contract Contractor shall also perform all customer service functions related to billing and
responding to any customer inquiries If City ever levies a utility tax or other gross receipts tax,
Contractor agrees to collect and remit such taxes to the City without any additional charge for the
administrative expense incurred in collection and remitting such taxes
The City retains the right to take over responsibility for the billing of customers and the
customer service functions under the Contract, at any time during the term, upon ninety (90) days
written notice to Contractor If the City exercises this option, then the Parties shall meet and confer
in good faith to discuss any changes or adjustments to this Contract which may be necessary for the
City to take over these billing and customer service functions, including the City's assumption of
the risk of bad debt collection
18
10 2 Lien for Non -Payment
Under Bremerton Municipal Code 6 04 120 Payment of Charges the Contractor has the right
to Lien Properties The Contractor shall have all rights under law related to the billing of customers
under this Contract and shall have the right to enforce the collection of outstanding bills and charges
using any and all rights and remedies upon delinquency, including, but not limited to, lien rights,
late payment fees, and other means provided by law or City ordinance
The Contractor shall mail service billings to the person or occupant in possession of the premises to
which the services are rendered, unless special billing instructions are received from the property
owner
ARTICLE XI
DEFAULTS
111 Termination
The failure of Contractor to comply with the material terms of this Contract within ten (10)
days after having received written notice by certified mail, return receipt requested, at his mailing
address from City, and a thirty (30) day opportunity to cure such defects, shall constitute grounds
for termination of the Contract at the option of the City
112 Liquidated Damages
As a breach of the service provided by this Contract would cause serious and substantial
damage to City and its residents, and the nature of this Contract would render it impracticable or
extremely difficult to fix the actual damage sustained by City by such breach, it is agreed that in
case of breach of service, City may elect to collect liquidated damages for each such breach and
Contractor shall pay City as liquidated damages and not as penalty, the amount set forth below,
such sums being the amount which City will be damaged by the breach of such services An
election to seek such remedy shall not be construed as a waiver of any remedies City may have as to
any subsequent breach of services under this Contract
A truck making Residential collection prior to 7 00 a in, or after 6 00 p in
without city approval per day $5000
Repetition of Complaints on a route after notification to replace can or
detachable container in designated locations, spilling, not closing gate,
crossing planted areas, or similar violations $2500
Landfilling or burning uncontaminated Recyclable Material without
the express written consent of the Contract Administrator per vehicle
no maximum $2500
19
Liquidated Damages will be reasonably applied and may be levied only if documented in an
incident report presented by the City to the Contractor The Contractor shall be notified and
provided a copy of an incident report and shall be given 24 hours to cure the problem (if applicable)
before Liquidated Damages are invoiced to the Contractor, except in the case of incidents for which,
due to the nature of the event, a "cure" is not possible Such liquidated damages as City shall elect
to collect shall be billed to Contractor and be paid within twenty (20) days Application of these
damages may be appealed within ten (10) days by Contractor to the Contract Administrator, whose
decision shall be final
Liquidated damages will not be assessed by the City for the first 60 days from the start up
date but the Contractor must make every effort to minimize all complaints during the start up
period
ARTICLE XII
ANNEXATION
121 Franchise Rights/Annexations
Notwithstanding the provisions of RCW 35 13 280, if, during the term of this Contract,
additional territory is added to the City through annexation or other means and the Contractor has
an existing WUTC certificate or other franchise for collection at the time of annexation, the
Contractor agrees by accepting this Contract from the City, that the certificate or franchise
applicable to the annexed areas shall be deemed canceled on the effective date of the annexation
The Contractor shall continue to service the newly annexed areas under the terms and conditions set
forth in this Contract
Notwithstanding the provisions of RCW 35 13 280, the Contractor agrees that their
certificate applicable to those annexation areas shall be cancelled effective the date of annexation by
the City The Contractor expressly waives and releases its right to claim any damages or
compensation from the City, its officers, agents, or assigns arising out of the cancellation of any
pre-existing permit or franchise held by the Contractor prior to annexation, and further specifically
waives the right to receive any additional compensation or any rights of collection in the newly
annexed territory The term during which the Contractor will service any future annexation areas
shall be ten (10) years, notwithstanding the term set forth in Section 1 of this Agreement
ARTICLE XIII
MISCELLANEOUS
131 Non -Waiver
The failure of any party to enforce any contract provision is not and shall not
be construed as a waiver of that provision The payment or acceptance of compensation subsequent
to any breach is not and shall not be construed as an acceptance of that breach All waivers must be
in writing
20
132 Notices
Any notices to be sent to the City shall be sent to the Contract Administrator at the following
address
Public Works & Utilities Director
City of Bremerton
100 Oyster Bay Ave N
Bremerton, WA 98312
Any notices sent to Waste Management of Washington, Inc dba Waste Management shall be sent
to
District Manager
9300 SW Barney White Road
Bremerton, WA 98367
133 Severability
If any provision of this Contract is held to be void, invalid or unenforceable under any
applicable law, the remaining provisions of the Contract shall remain in effect and bind the parties
134 Entire Agreement
This Contract constitutes the entire agreement between City and Contractor, and there are no
promises, conditions, terms, obligations, statements, or guarantees other than those contained
herein No modifications or amendments shall be valid unless in writing and fully executed by both
parties
135 Change in Service
Contractor shall give (60) days written notice to the Contract Administrator of any change
which affects the date of collection providing that no change in the terms of this Agreement may be
made unless agreed to in writing by the Contract Administrator
13 6 Assignment
This contract may not be assigned or transferred by Contractor, nor shall Contractor
subcontract any part of this Contract, without the prior written consent of the City Council, as
evidenced by a City Resolution and the signature of the Mayor The City may withhold its consent
to assignment or transfer of this Contract at its sole, subjective discretion In the event of an
unauthorized assignment or transfer, the City reserves the right to cancel the Contract
Notwithstanding the foregoing, Contractor may assign this Agreement to another subsidiary or
corporate affiliate of Contractor
137 Force Majeure
Contractor shall not be deemed to be in default and shall not be liable for failure to perform
under this Agreement if Contractor's performance is prevented or delayed by Force Majeure For
purposes of this Agreement, the term Force Majeure shall mean any acts of God including
landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances,
strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, public
nots, explosions, or disposal site, governmental restraint or other causes, whether of the kind
enumerated or otherwise, which are not reasonably within the control of the party affected by the
21
Force Majeure event Service disruptions due to inclement weather shall be governed by Section
2 10
13 8 Applicable Law / Venue
This Contract shall be governed by the laws of the State of Washington Venue for any
action hereunder shall be in Kitsap County Superior Court
139 Independent Contractor
The parties agree and acknowledge that Contractor is an independent Contractor and not an
agent or employee of the City, and that no liability shall attach to the City as a result of the acts or
omissions of Contractor, its employees, agents, or assigns Contractor shall have no authority to
execute agreements or to make commitments on behalf of the City, and nothing contained in this
Contract shall be deemed to create the relationship of employer and employee or principal and agent
between the City and Contractor
1310 Subcontracting
The parties intend that Contractor shall perform pursuant to the terms of this Contract with
its own employees However, in the event any incidental subcontractor services are necessary,
Contractor agrees to be responsible for the standards of performance of any subcontractor
Contractor agrees that no subcontractor shall relieve Contractor of any obligations under this
Contract
13 11 Taxes and Fees
Contractor acknowledges that it is responsible for the payment of any local, state, or federal
taxes or fees with respect to Contractor's agents and employees, and any taxes or licenses
applicable to Contractor's business activity
13 12 Insolvency, Right to Terminate Contract
In addition to other terms of this Contract, any or all of the following shall be considered
events of default of this Contract, allowing the City to terminate the Contract if such events are not
cured within 10 days of written notice a) if Contractor petitions any court to be adjudged a
bankrupt, b) if a petition in bankruptcy is filed in any court against Contractor, c) if Contractor is
adjudged to be insolvent, d) if Contractor is adjudged to be bankrupt, e) if a receiver or other officer
is appointed to take charge of the whole or any part of Contractor's property or to wind up or
liquidate its affairs, f) if Contractor seeks reorganization under the Federal Bankruptcy Code, as
amended, or g) if Contractor admits in writing its inability to pay its debts as they become due
13 13 Reservation of Municipal Authority
The City specifically reserves the right to enact general municipal ordinances and
resolutions affecting all businesses and persons in the City
13 14 Successors and Assigns
This Contract shall be binding upon the parties and their successors and assigns
22
4}5.
EXHIBIT A
CITY OF BREMER TON
--
—
Garbage and Yard Debris Service Fees
11
1
Pounds
(Monthly) (Monthly)
Total
SERVICE
Customer ;
Per
CollectionI Disposal
Service
CLASS 1/1/2011
Counts
Unlit
Fes
Fee I
Fee
Rasndential Services Curb Svc
Weekly Service
110 Gal Microcan
140
73
$5
37 $
098 $
635
120 Gal Noncan
1688
140
$
6 88 $
196 $
$ 84
132 Gal Can
5227
234
$
945 $
3141 $
1259
135 Gal Cart Added 1/1412005
$
1084 ' $
314 $
1398
2 32 Gal Cans/1 64 Gal Cart
875 1
468
$
1179: $
629 $
1808
3 32 Gal Carvell 96 Gal Cart
49 1
702
$
1416 $
943 $
2359
4 32 Gal Cansll 98 Gal Cart (Added 1/1/07)
I
936
I $
1054 I S
1257 $
2911
5 32 Gal Cans/1 96 Gal Cart (Added 111107)
I
117
$
1891 $
1571 ' $
3462
1 extra 32 prion can or equivalerd
522
117
$
371 $
037 ' $
408
Yard Debris Service
I
I
I
i
Basic Subscription Service
660
67
$
151 , S
8 84 $
8 15
Extra YW Cans/Bags (FA)
I
40
E
313 I $
091 1 $
405
Extra 96 Gal YD Cart rer0roll
67
$
094 E–
684 $
759
Miscellaneous Fees
I
i
Return Trip
$
8 38
Drive - Charge
i
f
$
8 85
Redelivery Fee (Carts)
1
$
1330
Res Services -Carryout Surcharge
'
All Residential CarJCart Service Levels
74 I
_
$
206
(5 It to 50 it
1
"
On -Call Bulky Waste Collection
1
Appliances (nonrefrrgaran)
new
150
IS
5706 $
1814 S
7320
Refrigerator/Freezernew
300
$
57 06 $
2153 S
7859
Sofa
row I
400
1 S
5706 S
1843 $
7549
Clair
new 1
200
$
5706 + S
9 21 I $
6627
Mattress or Box Springs
new
25
1 $
57 06 1 $
115 I $
5821
Tees Autol ght Truck
new I
30
S
2653 $
538 I $
3391
Bus/Heavy Truck
new
100
$
5706, $
538 $
6244
Add I for Rana or Wheels
new 1
50
1 $
2653 S
5 38 $
3391
Miscellaneous per tuba yard
new
125S
5T 08 $
391 $
6097
Temporary Container Service (per pick up)
i
Temp 10 Yard Container
1
1875
$
1502 $
50 S
20 03
Dady Rend
I
1 $
113
_
$
113
Delivery Fee
1
$
2991
$
2991
Temp IS Yard Container
1 I
1875
S
1682 l $
5 81 � $
22 83
Daily Reit
$
1 13
I $
113
Delivery Fee
S
2991 I
J $
2991
Tad Container
2 '
250
$
2152 $
776 $
2928
Daily Rent
$
1 13 "
I $
113
Delivery Fee
$
2991
J $
2991
Temp 3 Yard Container
7
375
$
_
28 96 , $
1163 S
4059
Daily
I $
113
$
113
Delivery
$
2991
$
2991
Temp 4 Yard Container
2 1
500I
$
3744 $
1550 $
5294
Daily Ren
$
1 13 1
$
113
Delivery fee
1
$
i
2991 i "
1 $
2991
Tamp 6 Yard Container
0
750
$
5158 ' S
2326 S
7482
Daily Reni
$
113
$
113
Delivery Fee
1 $
2991
S
2991
Temp 100 Yard Container (damoldion)
60000
$
13893 $ 186068 $
199759
Daily Ren
I
I $
l
28221
$
2822
Return Trip to Collect
$
13544
I S
135 44
Multifamily Cans & Carts
Weekly Service [1)
120 Gel Minican
2
146
$
S 53 $
198 j
749
132 Gal Can
30 i
234
S
7 80 ' $
314 $
1094
135 Gal Cart
164
i $
920 I $
314 1 $
1234
Gal Cart
141
46 8
I $
1970 $
629 S
2599
196 Get Cart
702
$
29% 1 $
943 $
38 97
Extra 32 Gel CardBag as
117
$
271 E
Is? ' $
428
Miscellaneous Services
$
I
I
Return Trip
i $
839
$
639
Carry Out Service (per can)
i
1 $
205
$
205
Redelivery
130
$
1330
Roll Out Container
I
$
2 511 I
$
251
Dreconnect Hydraulics
E
1141
$
1141
Unlock Container
E
11 41
$
11 41
Gate Opernrg
S
1141
$
1141
Steam Cleaning (per yd)
I
1 $
342 '_
S
342
Cat) of Bremerton
CPI Rate Adjustment
2a I
EXHIBIT A
CITY OF BREMERTON
Garbage and Yard Debris Service Fees
SERVICE
Pounds (Monthly) l (Montldy)
Total
pTl
Customer
Per Collection
I I
Disposal
Service
CLASS 1/1/2011
C.
--T
Unit
Fee
Fee I
Fee
Multifamily Uncompacted Containers
1 Cu Yd Uncompleted
1 Pickup/WeeklCordaier
new
125 E
6431 I S
16791 $
81 10
2 Pickups/Week/Container
new
2501 S
11027$ $
33601 S
14387
3 PickupslWeek/Cordauer
new
3751 $
15623 $
50 39 1 S
20682
4 Pickups/WeeWCordarrer
new
500 $
20218 I E
6719 $
26937
5 Pickups/WeeWContai er
new I
625 $
24812 $
8399 $
33211
15 Cu Yd Uncompacted
i
1 Pickup/WeeWContainer
32188
i
6000' E
2525 I S
8520
2 Pickups/WeeWCrndarrer
7 I
376 $
94 15; E
5053 $
14468
3
584 $
12971 , $
7579 I $
20550
4 P�ckupsMssiuCortaww ssWCordairer
752 1 $
16528 I S
101061 $
26834
aim
940 $
24812 E
8399 $
33211
2 Cu Ydups/WeWCon
De
1 Prckup/WeeWCordarner
5
250 $
75291 $
I
3360 1 E
10889
2 PickupslWeeWCordairer
1
500 $
1
118 28 $
87 19 ' $
16547
/W
3 PickupseeldContainer
750 E
18126 � S
100 78 1 E
26204
4 Pickups/WalyCorntaarner
1 0001 $
20424 i S
13438 E
33862
5 PickupslWeeWCantamer
1 250 I $
247 24 1 $
16797 $
41521
3 Cu Yd Uncompacted
1 Pickup/WeeWCordainer
25
375 1 $
9144 E
5039 $
14183
2 Pickups/Week/Container
4
750 $
13959 S
10078 $
24037
3 Pickups/WeeWCordairw
3
1 125 $
187631 $
151 18 $
33901
4 PickupslWaeWCorsauer
1 500 I $
23802 $
20157 E
43759
5 Pickups/WesWCorderner
i
1 675 $
269791 S
25196 $
52175
4 Cu Yd Uncompacted
i
I
i
1 Pickup/WeeWContamer
7 1
500 $
1
10032 S
6719 $
16751
2 Pickupa/WeeWCon Wffw
4 I
1 000 $
1
15015 E
I
13438 $
2s453
3 Pa kups/Week/Cordainer
2 I
1 500 E
19625 $
201 57 1 $
39782
/W
4 Pickupseek/Cordamar
2 000 ; S
242 62 r E
26875 $
51137
5 Pickups/WeeMntairer
I
2 500 $
27447 i S
33595 $
810 42
B Cu Yd Uncompacted
I
1 Pickup/WeeWCordeaer
11
7501 $
125 22 $
10078 $
22800
2 Pickups/Week/Container
8
1 500 $
17835 I E
201 57 $
37992
3 Pickups/WeekiCordanor
4 PC ups/WeeWCordainer
1
2 250 S
23150 E
30235 S
53385
5 Picku
3 000 $
28410S
40314 I $
68724
eeWCordairer
3 750 E
31267 S
50392 S
B16 59
I
Multifamily Uncompleted Contarnere
i
8 Cu Yd Uncompacted
i
1
1 Pickup/Week/Cordarner
new i
1 000 $
15908: $
134381 $
29346
2 Prekups/WeeluCordauer
new
2 000 $
22319 ' $
268 75 1 $
49194
3 PCkups/WeeWCnudarner
new
3 000 E
287 28$
40314 1 S
69042
/W
4 PickupseeWCordainer
new
4 000 $
351 37 I S
537521 $
888 89
5 Pick eeWContai Container
ne w
5 000 i $
415 46 $
67190, S
1 087 36
Multifamily Compacted CoMainaro
1 Cu Yd Container
new I
438 $
4422$
5888 $
10308
15 Cu Yd Container
new I
856 S
3781 $
8816 $
12597
2 Cu Yd Container
new875
I $
3128 S
11758 $
I
148 88
3 Cu Yd Container
new
1313E
55661 $
17645 $
23211
4 Cu Yd Container
new
1750 r $
8018, S
23517 I $
31535
8 Cu Yd Container
Extra Uncom Cubic Yard/PickupI
new
2625S
1
98 83 1 $
352 75 1 S
451 58
Multifamily Yard Debris
125 $
717 $
387 $
1104
1 Basic Service (96 gal Cart EoW/Mon)
new
335 is
6 19 ! $
331 1 $
950
132 gallon extra
12
45 $
218 S
103 I $
319
cubic yard cordaaer weekly
new
400I $
448 97 , $
3964 S
46861
I extra cu
cubicro
new
200 1 $
7 17 $
I
457 $
1174
City of Bremerton
CPI Rate Adjustment
22 2
2a-1
EXHIBIT A
MSWYard DebrisMSWYard Debris
2016 Disposal$68.00$61.982017 Disposal$71.00$61.98
2017 Disposal$71.00$61.982018 Disposal$71.00$61.98
Disposal increase4.412%0.000%Disposal increase0.000%0.000%
CPI Increase2.102%CPI Increase2.501%
CITY OF BREMERTON
Garbage and Yard Debris Service Fees January 1, 2017 CPI IncreaseJanuary 1, 2018 CPI Increase
(Monthly)(Monthly)Total(Monthly)(Monthly)Total
SERVICECollectionDisposalServiceCollectionDisposalService
CLASSFeeFeeFeeFeeFeeFee
Residential Services - Curb Svc
Weekly Service:
1 10 Gal. Microcan$ 6.23 $ 1.13$ 7.36$ 6.39 $ 1.13$ 7.52
1 20 Gal. Minican$ 8.04 $ 2.23$ 10.27$ 8.24 $ 2.23$ 10.47
1 32 Gal. Can$ 11.07 $ 3.59$ 14.66$ 11.35 $ 3.59$ 14.94
1 35 Gal CartAdded 1/14/2005$ 12.67 $ 3.59$ 16.26$ 12.99 $ 3.59$ 16.58
2 32 Gal. Cans/1 64 Gal. Cart$ 13.98 $ 7.19$ 21.17$ 14.33 $ 7.19$ 21.52
3 32 Gal. Cans/1 96 Gal. Cart$ 16.94 $ 10.80$ 27.74$ 17.36 $ 10.80$ 28.16
4 32 Gal. Cans/1 96 Gal. Cart (Added 1/1/07)$ 19.90 $ 14.39$ 34.29$ 20.40 $ 14.39$ 34.79
5 32 Gal. Cans/1 96 Gal. Cart (Added 1/1/07)$ 22.85 $ 17.98$ 40.83$ 23.42 $ 17.98$ 41.40
1 "extra" 32 gallon can or equivalent$ 4.27 $ 0.84$ 5.11$ 4.38 $ 0.84$ 5.22
Yard Debris Service:
Basic Subscription Service$ 2.25 $ 6.96$ 9.21$ 2.31 $ 6.96$ 9.27
Extra YW Cans/Bags (EA.)$ 3.67 $ 0.95$ 4.62$ 3.76 $ 0.95$ 4.71
Extra 96 Gal. YD Cart: rent+roll$ 1.60 $ 6.96$ 8.56$ 1.64 $ 6.96$ 8.60
Miscellaneous Fees:
Return Trip$ 9.62$ 9.86
Drive-in Charge$ 7.86$ 8.06
Redelivery Fee (Carts)$ 15.23$ 15.61
Res. Services-Carry-out Surcharge:
All Residential Can/Cart Service Levels$ 2.36$ 2.42
(5 ft to 50 ft.)
On-Call Bulky Waste Collection:
Appliances (non-refrigerant)$ 66.60 $ 18.48$ 85.08$ 68.27 $ 18.48$ 86.75
Refrigerator/Freezer$ 67.02 $ 24.64$ 91.66$ 68.70 $ 24.64$ 93.34
Sofa$ 66.76 $ 21.10$ 87.86$ 68.43 $ 21.10$ 89.53
Chair$ 66.08 $ 10.55$ 76.63$ 67.73 $ 10.55$ 78.28
Mattress or Box Springs$ 65.47 $ 1.33$ 66.80$ 67.11 $ 1.33$ 68.44
Tires:Auto/Light Truck$ 33.10 $ 6.16$ 39.26$ 33.93 $ 6.16$ 40.09
Bus/Heavy Truck$ 65.77 $ 6.16$ 71.93$ 67.42 $ 6.16$ 73.58
Add'l for Rims or Wheels$ 33.10 $ 6.16$ 39.26$ 33.93 $ 6.16$ 40.09
Miscellaneous, per cubic yard$ 65.66 $ 4.48$ 70.14$ 67.30 $ 4.48$ 71.78
Temporary Container Service: (per pick-up)
Temp. 1.0 Yard Container$ 17.58 $ 5.73$ 23.31$ 18.02 $ 5.73$ 23.75
Daily Rent$ 1.29 $ 1.29$ 1.32 $ 1.32
Delivery Fee$ 34.27 $ 34.27$ 35.13 $ 35.13
Temp. 1.5 Yard Container$ 19.72 $ 6.65$ 26.37$ 20.21 $ 6.65$ 26.86
Daily Rent$ 1.29 $ 1.29$ 1.32 $ 1.32
Delivery Fee$ 34.27 $ 34.27$ 35.13 $ 35.13
Temp. 2 Yard Container$ 25.24 $ 8.89$ 34.13$ 25.87 $ 8.89$ 34.76
Daily Rent$ 1.29 $ 1.29$ 1.32 $ 1.32
Delivery Fee$ 34.27 $ 34.27$ 35.13 $ 35.13
Temp. 3 Yard Container$ 34.07 $ 13.31$ 47.38$ 34.92 $ 13.31$ 48.23
Daily Rent$ 1.29 $ 1.29$ 1.32 $ 1.32
Delivery Fee$ 34.27 $ 34.27$ 35.13 $ 35.13
Temp. 4 Yard Container$ 44.08 $ 17.74$ 61.82$ 45.18 $ 17.74$ 62.92
Daily Rent$ 1.29 $ 1.29$ 1.32 $ 1.32
Delivery Fee$ 34.27 $ 34.27$ 35.13 $ 35.13
Temp. 6 Yard Container$ 60.84 $ 26.64$ 87.48$ 62.36 $ 26.64$ 89.00
Daily Rent$ 1.29 $ 1.29$ 1.32 $ 1.32
Delivery Fee$ 34.27 $ 34.27$ 35.13 $ 35.13
Temp. 100 Yard Container (demolition)$ 298.62 $ 2,130.06 $ 2,428.68$ 306.09 $ 2,130.06 $ 2,436.15
Daily Rent$ 32.34 $ 32.34$ 33.15 $ 33.15
Return Trip to Collect$ 155.18 $ 155.18$ 159.06 $ 159.06
2a-2
EXHIBIT A
CITY OF BREMERTON
Garbage and Yard Debris Service Fees January 1, 2017 CPI IncreaseJanuary 1, 2018 CPI Increase
(Monthly)(Monthly)Total(Monthly)(Monthly)Total
SERVICECollectionDisposalServiceCollectionDisposalService
CLASSFeeFeeFeeFeeFeeFee
Multifamily Cans & Carts
Weekly Service \[1\]
1 20 Gal. Minican$ 6.47 $ 2.23$ 8.70$ 6.63 $ 2.23$ 8.86
1 32 Gal. Can$ 9.18 $ 3.59$ 12.77$ 9.41 $ 3.59$ 13.00
1 35 Gal. Cart$ 10.79 $ 3.59$ 14.38$ 11.06 $ 3.59$ 14.65
1 64 Gal. Cart$ 23.05 $ 7.19$ 30.24$ 23.63 $ 7.19$ 30.82
1 96 Gal. Cart$ 34.55 $ 10.80$ 45.35$ 35.41 $ 10.80$ 46.21
"Extra" 32 Gal. Can/Bag ea.$ 3.24 $ 1.81$ 5.05$ 3.32 $ 1.81$ 5.13
Miscellaneous Services
Return Trip$ 9.62 $ 9.62$ 9.86 $ 9.86
Carry-Out Service (per can)$ 2.34 $ 2.34$ 2.40 $ 2.40
Redelivery$ 15.23 $ 15.23$ 15.61 $ 15.61
Roll-Out Container$ 2.88 $ 2.88$ 2.95 $ 2.95
Disconnect Hydraulics$ 13.07 $ 13.07$ 13.40 $ 13.40
Unlock Container$ 13.07 $ 13.07$ 13.40 $ 13.40
Gate Opening$ 13.07 $ 13.07$ 13.40 $ 13.40
Steam Cleaning (per yd.)$ 3.92 $ 3.92$ 4.02 $ 4.02
Multifamily Uncompacted Containers
1 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 74.96 $ 19.22$ 94.18$ 76.83 $ 19.22$ 96.05
2 Pickups/Week/Container$ 128.89 $ 38.47$ 167.36$ 132.11 $ 38.47$ 170.58
3 Pickups/Week/Container$ 182.81 $ 57.69$ 240.50$ 187.38 $ 57.69$ 245.07
4 Pickups/Week/Container$ 236.74 $ 76.92$ 313.66$ 242.66 $ 76.92$ 319.58
5 Pickups/Week/Container$ 290.65 $ 96.15$ 386.80$ 297.92 $ 96.15$ 394.07
1.5 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 70.67 $ 28.91$ 99.58$ 72.44 $ 28.91$ 101.35
2 Pickups/Week/Container$ 111.71 $ 57.84$ 169.55$ 114.50 $ 57.84$ 172.34
3 Pickups/Week/Container$ 154.36 $ 86.77$ 241.13$ 158.22 $ 86.77$ 244.99
4 Pickups/Week/Container$ 197.06 $ 115.70 $ 312.76$ 201.99 $ 115.70 $ 317.69
5 Pickups/Week/Container$ 290.65 $ 96.15$ 386.80$ 297.92 $ 96.15$ 394.07
2 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 88.81 $ 38.47$ 127.28$ 91.03 $ 38.47$ 129.50
2 Pickups/Week/Container$ 140.64 $ 76.92$ 217.56$ 144.16 $ 76.92$ 221.08
3 Pickups/Week/Container$ 192.42 $ 115.36 $ 307.78$ 197.23 $ 115.36 $ 312.59
4 Pickups/Week/Container$ 244.23 $ 153.84 $ 398.07$ 250.34 $ 153.84 $ 404.18
5 Pickups/Week/Container$ 296.05 $ 192.28 $ 488.33$ 303.46 $ 192.28 $ 495.74
3 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 108.60 $ 57.69$ 166.29$ 111.32 $ 57.69$ 169.01
2 Pickups/Week/Container$ 167.60 $ 115.36 $ 282.96$ 171.79 $ 115.36 $ 287.15
3 Pickups/Week/Container$ 226.71 $ 173.06 $ 399.77$ 232.38 $ 173.06 $ 405.44
4 Pickups/Week/Container$ 285.75 $ 230.76 $ 516.51$ 292.90 $ 230.76 $ 523.66
5 Pickups/Week/Container$ 328.28 $ 288.45 $ 616.73$ 336.49 $ 288.45 $ 624.94
4 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 120.04 $ 76.92$ 196.96$ 123.04 $ 76.92$ 199.96
2 Pickups/Week/Container$ 182.25 $ 153.84 $ 336.09$ 186.81 $ 153.84 $ 340.65
3 Pickups/Week/Container$ 240.19 $ 230.76 $ 470.95$ 246.20 $ 230.76 $ 476.96
4 Pickups/Week/Container$ 298.44 $ 307.66 $ 606.10$ 305.90 $ 307.66 $ 613.56
5 Pickups/Week/Container$ 340.04 $ 384.59 $ 724.63$ 348.55 $ 384.59 $ 733.14
6 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 151.14 $ 115.36 $ 266.50$ 154.92 $ 115.36 $ 270.28
2 Pickups/Week/Container$ 219.68 $ 230.76 $ 450.44$ 225.17 $ 230.76 $ 455.93
3 Pickups/Week/Container$ 288.26 $ 346.14 $ 634.40$ 295.47 $ 346.14 $ 641.61
4 Pickups/Week/Container$ 356.19 $ 461.51 $ 817.70$ 365.10 $ 461.51 $ 826.61
5 Pickups/Week/Container$ 396.60 $ 576.89 $ 973.49$ 406.52 $ 576.89 $ 983.41
2a-3
EXHIBIT A
CITY OF BREMERTON
Garbage and Yard Debris Service Fees January 1, 2017 CPI IncreaseJanuary 1, 2018 CPI Increase
(Monthly)(Monthly)Total(Monthly)(Monthly)Total
SERVICECollectionDisposalServiceCollectionDisposalService
CLASSFeeFeeFeeFeeFeeFee
Multifamily Uncompacted Containers
8 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 192.48 $ 153.84 $ 346.32$ 197.29 $ 153.84 $ 351.13
2 Pickups/Week/Container$ 276.18 $ 307.66 $ 583.84$ 283.09 $ 307.66 $ 590.75
3 Pickups/Week/Container$ 359.84 $ 461.51 $ 821.35$ 368.84 $ 461.51 $ 830.35
4 Pickups/Week/Container$ 443.50 $ 615.35 $ 1,058.85$ 454.59 $ 615.35 $ 1,069.94
5 Pickups/Week/Container$ 527.16 $ 769.18 $ 1,296.34$ 540.35 $ 769.18 $ 1,309.53
Multifamily Compacted Containers
1 Cu. Yd. Container$ 55.15 $ 67.39$ 122.54$ 56.53 $ 67.39$ 123.92
1.5 Cu. Yd. Container$ 50.03 $ 100.92 $ 150.95$ 51.28 $ 100.92 $ 152.20
2 Cu. Yd. Container$ 44.79 $ 134.61 $ 179.40$ 45.91 $ 134.61 $ 180.52
3 Cu. Yd. Container$ 77.21 $ 202.01 $ 279.22$ 79.14 $ 202.01 $ 281.15
4 Cu. Yd. Container$ 109.77 $ 269.23 $ 379.00$ 112.52 $ 269.23 $ 381.75
6 Cu. Yd. Container$ 140.10 $ 403.82 $ 543.92$ 143.60 $ 403.82 $ 547.42
Extra Uncompacted Cubic Yard/Pickup$ 8.52 $ 4.44$ 12.96$ 8.73 $ 4.44$ 13.17
Multifamily Yard Debris
1 Basic Service (96 gal. Cart, EoW/Mon)$ 7.34 $ 3.97$ 11.31$ 7.52 $ 3.97$ 11.49
1 32 gallon extra$ 2.55 $ 1.23$ 3.78$ 2.61 $ 1.23$ 3.84
1 2 cubic yard container, weekly**$ 517.39 $ 47.49$ 564.88$ 530.33 $ 47.49$ 577.82
1 extra cubic yard$ 8.58 $ 5.48$ 14.06$ 8.79 $ 5.48$ 14.27
**This is a special service only offered to the City of Bremerton as an exception. It is not for regular customer use.
2a-4
EXHIBIT A
MSWYard DebrisMSWYard Debris
2016 Disposal$68.00$61.982017 Disposal$71.00$61.98
2017 Disposal$71.00$61.982018 Disposal$71.00$61.98
Disposal increase4.412%0.000%Disposal increase0.000%0.000%
CPI Increase2.102%CPI Increase2.501%
CITY OF BREMERTON
Garbage and Yard Debris Service Fees January 1, 2017 CPI IncreaseJanuary 1, 2018 CPI Increase
DailyNew MonthlyNewDailyNew MonthlyNew
SERVICEContainerContainerChargeContainerContainerCharge
CLASSRentalRentalper HaulRentalRentalper Haul
Multifamily Drop-box Collection*
Noncompacted Service
1 10 Cu. Yd. Container$ 1.29 $ 38.81$ 111.03$ 1.32 $ 39.78$
113.81
1 15 Cu. Yd. Container$ 1.29 $ 38.81$ 111.03$ 1.32 $ 39.78$
113.81
1 20 Cu. Yd. Container$ 1.72 $ 51.73$ 111.03$ 1.76 $ 53.02$
113.81
1 25 Cu. Yd. Container$ 1.72 $ 51.73$ 115.92$ 1.76 $ 53.02$
118.82
1 30 Cu. Yd. Container$ 2.16 $ 64.66$ 117.32$ 2.21 $ 66.28$
120.25
1 40 Cu. Yd. Container$ 2.16 $ 64.66$ 140.21$ 2.21 $ 66.28$
143.72
Compacted Services
1 10 Cu. Yd. Container$ 111.72$ 114.51
1 15 Cu. Yd. Container$ 139.67$ 143.16
1 20 Cu. Yd. Container$ 163.05$ 167.13
1 25 Cu. Yd. Container$ 174.57$ 178.94
1 30 Cu. Yd. Container$ 169.78$ 174.03
1 40 Cu. Yd. Container$ 230.16$ 235.92
Drop-box (Temp)
1 10 Cu. Yd. Container$ 4.52 $ 123.96$ 4.63 $ 127.06
1 15 Cu. Yd. Container$ 4.52 $ 123.96$ 4.63 $ 127.06
1 20 Cu. Yd. Container$ 5.17 $ 123.96$ 5.30 $ 127.06
1 25 Cu. Yd. Container$ 5.82 $ 128.85$ 5.97 $ 132.07
1 30 Cu. Yd. Container$ 6.45 $ 130.25$ 6.61 $ 133.51
1 40 Cu. Yd. Container$ 6.45 $ 153.13$ 6.61 $ 156.96
* Note: A 15% surcharge added to Drop Box Disposal
2a-5
EXHIBIT A
MSWYard DebrisMSWYard Debris
2016 Disposal$68.00$61.982017 Disposal$71.00$61.98
2017 Disposal$71.00$61.982018 Disposal$71.00$61.98
Disposal increase4.412%0.000%Disposal increase0.000%0.000%
CPI Increase2.102%CPI Increase2.501%
CITY OF BREMERTON
Garbage and Yard Debris Service Fees January 1, 2017 CPI IncreaseJanuary 1, 2018 CPI Increase
(Monthly)(Monthly)Total(Monthly)(Monthly)Total
SERVICECollectionDisposalFeeCollectionDisposalFee
CLASS 1/1/2011 FeeFeeFeeFee
Commercial Cans & Carts
Weekly Service \[1\]
1 20 Gal. Minican$ 5.84 $ 2.23$ 8.07$ 5.99 $ 2.23$
8.22
1 32 Gal. Can$ 8.21 $ 3.59$ 11.80$ 8.42 $ 3.59$
12.01
135 Gal. Cart$ 9.82 $ 3.59$ 13.41$ 10.07 $ 3.59$
13.66
1 64 Gal. Cart$ 20.80 $ 7.19$ 27.99$ 21.32 $ 7.19$
28.51
1 96 Gal. Cart$ 31.18 $ 10.80$ 41.98$ 31.96 $ 10.80$
42.76
"Extra" 32 Gal. Can/Bag ea.$ 2.85 $ 0.84$ 3.69$ 2.92 $ 0.84$
3.76
Miscellaneous Services
Return Trip$ 9.62 $ 9.62$ 9.86 $ 9.86
Carry-Out Service (per can)$ 2.34 $ 2.34$ 2.40 $ 2.40
Redelivery$ 2.88 $ 2.88$ 2.95 $ 2.95
Roll-Out Container$ 2.88 $ 2.88$ 2.95 $ 2.95
Disconnect Hydraulics$ 13.07 $ 13.07$ 13.40 $ 13.40
Unlock Container$ 13.07 $ 13.07$ 13.40 $ 13.40
Gate Opening$ 13.07 $ 13.07$ 13.40 $ 13.40
Steam Cleaning (per yd.)$ 3.92 $ 3.92$ 4.02 $ 4.02
Locking Bars (1X Fee)
Commercial Uncompacted Containers
1 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 67.95 $ 19.22$ 87.17$ 69.65 $ 19.22$
88.87
2 Pickups/Week/Container$ 116.41 $ 38.47$ 154.88 $ 119.32 $ 38.47$
157.79
3 Pickups/Week/Container$ 164.86 $ 57.69$ 222.55 $ 168.98 $ 57.69$
226.67
4 Pickups/Week/Container$ 213.34 $ 76.92$ 290.26 $ 218.68 $ 76.92$
295.60
5 Pickups/Week/Container$ 261.79 $ 96.15$ 357.94 $ 268.34 $ 96.15$
364.49
1.5 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 63.23 $ 28.91$ 92.14$ 64.81 $ 28.91$
93.72
2 Pickups/Week/Container$ 99.01 $ 57.84$ 156.85 $ 101.49 $ 57.84$
159.33
3 Pickups/Week/Container$ 136.33 $ 86.77$ 223.10 $ 139.74 $ 86.77$
226.51
4 Pickups/Week/Container$ 173.66 $ 115.70 $ 289.36 $ 178.00 $ 115.70 $
293.70
5 Pickups/Week/Container$ 210.94 $ 144.60 $ 355.54 $ 216.22 $ 144.60 $
360.82
2 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 79.29 $ 38.47$ 117.76 $ 81.27 $ 38.47$
119.74
2 Pickups/Week/Container$ 124.33 $ 76.92$ 201.25 $ 127.44 $ 76.92$
204.36
3 Pickups/Week/Container$ 169.37 $ 115.36 $ 284.73 $ 173.61 $ 115.36 $
288.97
4 Pickups/Week/Container$ 214.39 $ 153.84 $ 368.23 $ 219.75 $ 153.84 $
373.59
5 Pickups/Week/Container$ 259.44 $ 192.28 $ 451.72 $ 265.93 $ 192.28 $
458.21
3 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 96.15 $ 57.69$ 153.84 $ 98.55 $ 57.69$
156.24
2 Pickups/Week/Container$ 146.39 $ 115.36 $ 261.75 $ 150.05 $ 115.36 $
265.41
3 Pickups/Week/Container$ 196.70 $ 173.06 $ 369.76 $ 201.62 $ 173.06 $
374.68
4 Pickups/Week/Container$ 246.99 $ 230.76 $ 477.75 $ 253.17 $ 230.76 $
483.93
5 Pickups/Week/Container$ 281.96 $ 288.45 $ 570.41 $ 289.01 $ 288.45 $
577.46
4 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 105.29 $ 76.92$ 182.21 $ 107.92 $ 76.92$
184.84
2 Pickups/Week/Container$ 157.01 $ 153.84 $ 310.85 $ 160.94 $ 153.84 $
314.78
3 Pickups/Week/Container$ 211.00 $ 230.76 $ 441.76 $ 216.28 $ 230.76 $
447.04
4 Pickups/Week/Container$ 257.82 $ 307.66 $ 565.48 $ 264.27 $ 307.66 $
571.93
5 Pickups/Week/Container$ 297.92 $ 384.59 $ 682.51 $ 305.37 $ 384.59 $
689.96
6 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 131.12 $ 115.36 $ 246.48 $ 134.40 $ 115.36 $
249.76
2 Pickups/Week/Container$ 185.81 $ 230.76 $ 416.57 $ 190.46 $ 230.76 $
421.22
3 Pickups/Week/Container$ 240.50 $ 346.14 $ 586.64 $ 246.52 $ 346.14 $
592.66
4 Pickups/Week/Container$ 294.60 $ 461.51 $ 756.11 $ 301.97 $ 461.51 $
763.48
5 Pickups/Week/Container$ 323.21 $ 576.89 $ 900.10 $ 331.29 $ 576.89 $
908.18
6 Pickups/Week/Container (added 1/1/07)$ 377.88 $ 692.27 $ 1,070.15$ 387.33 $ 692.27 $
1,079.60
8 Cu. Yd. Uncompacted
1 Pickup/Week/Container$ 166.49 $ 153.84 $ 320.33 $ 170.65 $ 153.84 $
324.49
2 Pickups/Week/Container$ 232.24 $ 307.66 $ 539.90 $ 238.05 $ 307.66 $
545.71
3 Pickups/Week/Container$ 297.95 $ 461.51 $ 759.46 $ 305.40 $ 461.51 $
766.91
4 Pickups/Week/Container$ 363.69 $ 615.35 $ 979.04 $ 372.79 $ 615.35 $
988.14
5 Pickups/Week/Container$ 429.41 $ 769.18 $ 1,198.59$ 440.15 $ 769.18 $ 1,209.33
Compacted Containers
1 Cu. Yd. Container$ 45.92 $ 67.39$ 113.31 $ 47.07 $ 67.39$
114.46
1.5 Cu. Yd. Container$ 38.63 $ 100.92 $ 139.55 $ 39.60 $ 100.92 $
140.52
2 Cu. Yd. Container$ 31.19 $ 134.61 $ 165.80 $ 31.97 $ 134.61 $
166.58
3 Cu. Yd. Container$ 56.06 $ 202.01 $ 258.07 $ 57.46 $ 202.01 $
259.47
4 Cu. Yd. Container$ 81.10 $ 269.23 $ 350.33 $ 83.13 $ 269.23 $
352.36
6 Cu. Yd. Container$ 98.92 $ 403.82 $ 502.74 $ 101.39 $ 403.82 $ 505.21
Extra Uncompacted Cubic Yard/Pickup$ 8.52 $ 4.44$ 12.96$ 8.73 $ 4.44$
13.17
Commercial Yard Debris
1 Basic Service (96 gal. Cart, EoW/Mon)$ 7.34 $ 3.97$ 11.31$ 7.52 $
3.97$ 11.49
1 32 gallon extra$ 2.55 $ 1.23$ 3.78$ 2.61 $ 1.23$
3.84
1 2 cubic yard container, weekly**$ 517.40 $ 47.49$ 564.89 $ 530.34 $ 47.49$
577.83
1 extra cubic yard$ 8.58 $ 5.48$ 14.06$ 8.79 $ 5.48$
14.27
**This is a special service only offered to the City of Bremerton as an exception. It is not for regular customer use.
2a-6
EXHIBIT A
MSWYard DebrisMSWYard Debris
2016 Disposal$68.00$61.982017 Disposal$71.00$61.98
2017 Disposal$71.00$61.982018 Disposal$71.00$61.98
Disposal increase4.412%0.000%Disposal increase0.000%0.000%
CPI Increase2.102%CPI Increase2.501%
CITY OF BREMERTON
Garbage and Yard Debris Service Fees January 1, 2017 CPI IncreaseJanuary 1, 2018 CPI Increase
DailyMonthlyDailyMonthly
SERVICEContainerContainerChargeContainerContainerCharge
CLASSRentalRentalper HaulRentalRentalper Haul
Commercial Drop-box Collection*
Noncompacted Service
1 10 Cu. Yd. Container$ 1.30 $ 39.22 $ 103.94 $ 1.33 $ 40.20$
106.54
1 15 Cu. Yd. Container$ 1.30 $ 39.22 $ 103.94 $ 1.33 $ 40.20$
106.54
1 20 Cu. Yd. Container$ 1.74 $ 52.30 $ 103.94 $ 1.78 $ 53.61$
106.54
1 25 Cu. Yd. Container$ 1.74 $ 52.30 $ 109.80 $ 1.78 $ 53.61$
112.55
1 30 Cu. Yd. Container$ 2.20 $ 65.38 $ 109.80 $ 2.26 $ 67.02$
112.55
1 40 Cu. Yd. Container$ 2.20 $ 65.38 $ 131.25 $ 2.26 $ 67.02$
134.53
Compacted Services
1 10 Cu. Yd. Container$ 104.59 $ 107.21
1 15 Cu. Yd. Container$ 130.73 $ 134.00
1 20 Cu. Yd. Container$ 152.62 $ 156.44
1 25 Cu. Yd. Container$ 156.89 $ 160.81
1 30 Cu. Yd. Container$ 170.21 $ 174.47
1 40 Cu. Yd. Container$ 215.46 $ 220.85
Drop-box (Temp)
1 10 Cu. Yd. Container$ 4.58 $ 117.00 $ 4.69 $ 119.93
1 15 Cu. Yd. Container$ 4.58 $ 117.00 $ 4.69 $ 119.93
1 20 Cu. Yd. Container$ 5.23 $ 117.00 $ 5.36 $ 119.93
1 25 Cu. Yd. Container$ 5.89 $ 122.88 $ 6.04 $ 125.95
1 30 Cu. Yd. Container$ 6.54 $ 122.88 $ 6.70 $ 125.95
1 40 Cu. Yd. Container$ 6.54 $ 144.32 $ 6.70 $ 147.93
* Note: A 15% surcharge added to Drop Box Disposal
2a-7
EXHIBIT A
MSWYard DebrisMSWYard Debris
2016 Disposal$68.00$61.982017 Disposal$71.00$61.98
2017 Disposal$71.00$61.982018 Disposal$71.00$61.98
Disposal increase4.412%0.000%Disposal increase0.000%0.000%
CPI Increase2.102%CPI Increase2.501%
CITY OF BREMERTON
Garbage and Yard Debris Service Fees January 1, 2017 CPI IncreaseJanuary 1, 2018 CPI Increase
TotalTotal
SERVICEServiceService
CLASS 1/1/2011 FeeFee
Additional Services
Additional Mileage Charge
For Hauls to Other Sites
Charge Per Mile$ 2.10$ 2.15
Return Trip$ 65.38$ 67.02
Solid Drop-box Lid Charge (per month)$ 19.61$ 20.10
Steam Cleaning (per yd.)$ 3.92$ 4.02
Stand-By Time (per minute)$ 1.63$ 1.67
Hourly Rates
Rear/Side Load Packer & Driver$ 94.14$ 96.49
Front Load Packer & Driver$ 94.14$ 96.49
Drop Box Truck & Driver$ 94.14$ 96.49
Additional Labor (per person)$ 45.78$ 46.93
City of Bremerton Adminstrative Fee
%
Franchise Change In
YearFeeIndex
2011$ 10,416.66
2012$ 10,781.243.500%
2013$ 11,158.583.500%
2014$ 11,277.221.063%
2015$ 11,482.441.820%
2016$ 11,688.311.793%
2017$ 11,934.042.102%
2018$ 12,232.542.501%
ARTICLE IX
COMPENSATION
9.1 Citv Administrative Fee
The Contractor shall pay to the City one-twelfth of the annual Administrative Fee by the 5th
of each month beginning January I, 2011. The initial (1st year) amount of the Administrative Fee
will be One Hundred and Twenty Five thousand dollars ($125,000.00). The annual amount of the
Administrative Fee will be adjusted each year by the same percentages described in sections 9.2 and
9.3.
9.2 Contractor Rates
The Contractor shall be responsible for billing and collecting funds from Single Family,
Multifamily, and Commercial Customers. For calendar year 2011, Contractor shall bill in
accordance with the charges for services listed in Exhibit A. For calendar year 2012, Contractor
shall bill rates which reflect a 3.5% increase over 2011 rates. For calendar year 2013, Contractor
shall bill rates which reflect a 3.5% increase over 2012 rates. For calendar year 2014 through the
end of the term of the Contract, the then existing rates set forth in Exhibit A shall be adjusted
annually in accordance with the CPI adjustment set forth in Section 9.3.
The Contractor may occasionally provide other services related to solid waste collection in
the City not specifically provided for under Exhibit A of this Agreement. In that event, the
Contractor shall use then current rates approved by the WUTC under the Contractor's WUTC Tariff
in the area closest in proximity to the City (as may be amended from time to time) for the service
provided. If the intended services are not covered by either this Contract or the Contractor's WUTC
tariff, the Contractor shall notify the City and propose a customer rate for the service. Upon
approval of the City, the Contractor may proceed to offer that service."
The Contractor shall charge the rates set forth in Exhibit A, as adjusted over time under this
Contract, for all services performed. The Contractor shall be responsible for billing and collecting
funds from Residential, Multi-family, Commercial and Industrial customers in accordance with the
charges listed in Exhibit "A" Service Rate Schedule.
9.3 CPI Adjustment
Commencing on January 1, 2014 and on the same date annually thereafter (the "Adjustment
Date"), the City Administrative Fee and the Contractor's collection service charges (excluding
disposal fees) as set forth in Exhibit A- Service Rate Schedule, as adjusted hereunder, shall be
adjusted by 100% of the annual percent change in the Consumer Price Index ("CPI") - for Seattle,
Tacoma, Bremerton (1982-84 = 100) for All Urban Consumers (CPI-U) as published by the Bureau
of Labor Statistics. The first adjustment will be based on the change in CPI as described above, of
the August 2012 published index to the August 2013 published index. The CPI adjustment in any
given year shall not be less than zero or more than 8%.
9.4 Other Solid Waste Collection Services
The Contractor may occasionally provide other services related to solid waste collection in
the City not specifically provided for under Exhibit A of this Agreement. The Contractor shall
notify the City and propose a customer rate for the service. Upon approval of the City, the
Contractor may proceed to offer that service.
9.5 Pass Through of Disposal and Processing Fee Increases
Periodic adjustments shall be made to Contractor's collection rates to pass through any
increase in fees for disposal of Solid Waste or any increase in fees for the processing of Recyclable
Materials or Compostable Organics if such Recyclables or Compostable Organics are being
processed at a third party facility not owned or operated by Contractor.
0.10%2.72%4.85%3.04%5.45%0.00%0.22%2.71%2.74%
1.063%1.820%1.793%2.102%2.501%
0% Min8% Max
0.10%2.72%4.85%3.04%5.45%0.22%2.71%2.74%
-0.27%
1.063%1.820%1.793%2.102%2.501%
% Change In CPI
193.1195.4201.3209.5
242.35
217.502225.869226.475227.190234.715239.981246.912251.115256.651
HALF2
191.6194.0199.2205.8
213.810223.569225.580226.195230.815237.344240.777245.125247.614253.122260.656
HALF1
192.3194.7200.2207.6
215.656224.719226.028226.693232.765238.663241.563246.018249.364254.886
Annual
191.0195.1200.9209.3
Dec245.05
218.966222.580225.596226.862234.812237.993241.055250.385256.821
Nov
193.7196.5203.3209.8
Oct
218.427225.915226.277227.251235.916241.355242.787247.854250.831256.941
Sep
194.4194.6199.9209.6
BLS Data Series
Aug
215.978227.745227.138227.645233.810240.213242.767247.185251.617256.907263.333
Jul
191.7195.3199.8208.2
Jun
215.510228.068227.257226.118233.250239.540242.820247.642251.622256.098263.756
May
192.3194.3201.3207.4
Apr
215.767223.196225.918226.513231.314237.931240.823246.616247.611253.815261.560
Mar
191.3193.5197.6203.6
Feb
211.704221.728224.737226.085229.482235.744239.898242.770245.496250.942259.503
Jan
CUURA423SA0Seattle-Tacoma-Bremerton, WAAll items1982-84=1002003 to 2017
Year
Consumer Price Index - All Urban ConsumersOriginal Data Value
Series Id:Not Seasonally AdjustedArea:Item:Base Period:Years:200320042005200620072008200920102011201220132014201520162017
13 15 Corporate Authonty
Each individual executing this Contract on behalf of a corporation represents and warrants
that he/she is duly authorized to execute and deliver this Contract on behalf of the corporation
13 16 Dispute Resolution
In order to have a administrative mechanism for promptly mediating customer complaints
regarding billing for or the collection of garbage, recyclable materials, or yard debris, the City and
the Contractor agree as follows 1) the Contractor shall first make a good faith effort to resolve a
customer's complaint, 2) in the event the customer is not satisfied with the Contractor's resolution,
the complaint shall be forwarded to the Public Works & Utilities Director who shall resolve the
complaint after discussing the matter with the customer and the Contractor, 3) in the event the
customer or the Contractor is not satisfied with the decision of the Public Works & Utilities
Director, either party may appeal the decision via the City's appeal process This administrative
process shall not foreclose either the City or the Contractor from pursuing their legal or equitable
remedies in Krtsap Superior Court to enforce, construe or otherwise resolve a dispute between the
City and the Contractor arising from any term or condition of this Contract
Dated this ''ate day of MQQ'Aav-n, 92010
City of Bremerton
By � PX� � 4,,O1Z, /
Patty ,Mayor
Attest
By (�!
Carol tgen, City 1 rk
Approved as to form
--�
Roger'o'
23
Waste Management of W.
VQ'� VXV% Z ,INQU Avg
Inc