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024-15 - Waste Management of Washington, Inc. - ContractCONTRACT FOR SOLID WASTE SERVICES BETWEEN THE CITY OF PORT ORCHARD, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC. July 1, 2015 — June 30, 2020 RECITALS................................................................................................................................................... 6 DEFINITIONS.............................................................................................................................................. 7 ARTICLE I - AGREEMENT, TERM ............................................. ............................................. I............. I I 1.1 AGREEMENT.................................................................................................................................11 1.2 TERM.............................................................................................................................................. 11 1.3 MANDATORY SERVICES............................................................................................................ I I ARTICLE II - GENERAL OPERATIONS................................................................................................11 2.2.6 EMPLOYEES TO USE WALKS IF CARRY -OUT SERVICE DIRECTED .............................12 2.2.7 EMPLOYEES NOT TO TRESPASS...........................................................................................12 2.3 CONTRACTOR TO MAKE EXAMINATION..............................................................................12 2.4 EMPLOYEES..................................................................................................................................12 2.4.1 NON-DISCRIMINATION...........................................................................................................12 2.4.2 OSHA/WISHA.............................................................................................................................13 2.4.3 COMPLIANCE WITH LAWS....................................................................................................13 2.4.4 EMPLOYEES TO BE COURTEOUS, ETC................................................................................13 2.5 COMPANY NAME.........................................................................................................................13 2.6 CONTRACTOR'S OFFICES...............................................................:...................I......................13 2.7 PERMITS.........................................................................................................................................13 2.8 PUBLIC UTILITIES........................................................................................................................13 2.9 LOADING.......................................................................................................................................13 Page 2 of 28 2.10 CLEANUP OF SPILLS........................................................................................:.......................13 2.11 DISRUPTION OF COLLECTION..............................................................................................14 2.11.1 DISRUPTION OF COLLECTION DUE TO WEATHER AND/OR ROAD CONDITIONS ....14 2.11.2 HOLIDAY SCHEDULES............................................................................................................14 2.11.3 MISSED AND MAKEUP COLLECTIONS................................................................................14 2.12 COLLECTION EQUIPMENT.....................................................................................................14 2.12.1 RESERVE EQUIPMENT............................................................................................................14 2.12.2 PAINTING AND CLEANING OF VEHICLES..........................................................................14 2.13 SUBCONTRACTORS.................................................................................................................15 2.14 METHOD OF DISPOSAL...........................................................................................................15 2.15 SERVICE TO CITY FACILITIES..............................................................................................15 2.16 COMPLIANCE WITH LAWS....................................................................................................15 ARTICLE III - REPORTING REQUIREMENTS.....................................................................................15 3.1 REPORTING REQUIREMENTS...................................................................................................15 ARTICLE IV - INSURANCE AND SAFEGUARDS...............................................................................16 4.1 GENERAL REQUIREMENTS.......................................................................................................16 4.2 PERFORMANCE BOND................................................................................................................18 4.3 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT................................................18 4.3.1 INDEMNIFICATION.................................................................................................................18 4.3.2 WAIVER OF RCW TITLE 51.....................................................................................................18 ARTICLE V - GARBAGE COLLECTION............................................................................................... 19 Page 3 of 28 5.1 GARBAGE COLLECTION............................................................................................................19 5.1.1 CARTS; CONTAINERS..............................................................................................................19 6.1 GENERAL.......................................................................................................................................19 ARTICLE VII - RECYCLABLES COLLECTION...................................................................................19 7.1 GENERAL RECYCLING PROVISIONS.......................................................................................19 7.1.2 REQUIREMENT TO RECYCLE AND COMPOST.................................................................. 20 ARTICLE VIII — YARD DEBRIS............................................................................................................. 20 ARTICLE IX — CONTRACTOR COMPENSATION............................................................................... 20 ARTICLE X - BILLING SERVICES.........................................................................................................21 10.1 CONTRACTOR BILLING..........................................................................................................21 ARTICLE XI - DEFAULTS....................................................................................................................... 21 11.1 TERMINATION.......................................................................................................................... 21 11.2 LIQUIDATED DAMAGES......................................................................................................... 22 ARTICLE XII - ANNEXATION............................................................................................................... 23 12.1 FRANCHISE RIGHTS/ANNEXATIONS...................................................................................23 ARTICLE XIII - MISCELLANEOUS....................................................................................................... 23 13.1 NON-WAIVER............................................................................................................................23 13.2 NOTICES..................................................................................................................................... 23 13.3 SEVERABILITY......................................................................................................................... 24 13.4 ENTIRE AGREEMENT.............................................................................................................. 24 13.5 ATTORNEYS' FEES...................................................................................................................24 Page 4 of 28 13.6 CHANGE IN SERVICE...............................................................................................................24 13.7 ASSIGNMENT............................................................................................................................24 13.8 FORCE MAJEURE......................................................................................................................24 13.9 APPLICABLE LAW / VENUE................................................................................................... 24 13.10 INDEPENDENT CONTRACTOR.............................................................................................. 25 13.11 SUBCONTRACTING..................................................................................................................25 13.12 TAXES AND FEES..................................................................................................................... 25 13.13 INSOLVENCY; RIGHT TO TERMINATE CONTRACT......................................................... 25 13.14 RESERVATION OF MUNICIPAL AUTHORITY.....................................................................25 13.15 SUCCESSORS AND ASSIGNS..................................................................................................25 13.16 CORPORATE AUTHORITY......................................................................................................25 13.17 DISPUTE RESOLUTION............................................................................................................ 25 Exhibit A: List of City Facilities Exhibit B: Rate Sheet (Tariff No. 20) Page 5 of 28 CONTRACT FOR SOLID WASTE SERVICES BETWEEN THE CITY OF PORT ORCHARD, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC. This CONTRACT FOR SOLID WASTE SERVICES (hereafter, "Contract") is made and entered into this day of , 2015, by and between the City of Port Orchard, a Washington municipal corporation (the "City"), and Waste Management of Washington, Inc., a Washington corporation ("Contractor"), to provide for Solid Waste Services in the City Service Area. The parties shall be collectively referred to herein as the "Parties" and individually as a "Party," unless specifically identified otherwise. RECITALS WHEREAS, the City of Port Orchard, a Washington municipal corporation (the "City"), has negotiated with Waste Management of Washington, Inc., 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 Port Orchard; and WHEREAS, the City agrees to adopt such modifications to its solid waste ordinances as it believes are necessary to reflect this agreement; and WHEREAS, this contract is subject to the adoption of such ordinance modifications and to the rights of any third parties regarding franchises provided for pursuant to RCW 35.13.280; 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: Page 6 of 28 DEFINITIONS For the purposes of this Contract, the following terms shall have the following meanings: Bulky Waste/Items: Couches, chairs, mattresses, appliances and other large items that do not fit into the standard Residential or Commercial Garbage Collection truck. Cart: A 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; is rodent and insect resistant; and is capable of holding collected liquids without spilling when in an upright position. Where appropriate, Carts can be used for Garbage, Recyclables and Yard Waste Collection. Carry -Out Service: The servicing of Carts by Contractor which are not placed Curbside by the Residential Customer for collection, but rather require the Contractor to enter onto Residential Customer's property and roll -out or carry -out Carts to Contractor's collection vehicle. City: The City of Port Orchard, Washington. City Solid Waste: All putrescible and nonputrescible solid, semi -solid, and liquid wastes, including Residential, Commercial and municipal garbage, trash, refuse, paper, rubbish, ashes, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid and semi -solid wastes, and other discarded solid and semi -solid wastes generated or coining to exist in the Service Area. Collection: The process by which City Solid Waste is removed from Premises and transported to an appropriate facility for disposal, recycling, composting, or processing. Commercial —Customers: Means of, from or pertaining to non -Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon Residential Premises which are pennitted under applicable zoning regulations and are not the primary use of the property. Commercial Recycling Customers: Commercial customers who voluntarily receive Recyclables Collection services. Compostables: Food Waste, Yard Debris and other materials mutually agreed upon by the Parties. 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, or other paper products accepted by the Contractor's selected composting site. Food scraps shall not include large dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes or other materials prohibited by the selected composting facility. • Yard Debris: Leaves, grass and clippings of woody, as well as fleshy plants. Unflocked whole holiday trees, if cut in half, 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 Page 7 of 28 nylon or other synthetic materials. Kraft paper bags and untied reusable bags may be used to contain Yard Debris. Compostables Cart: A Cart suitable for Residential collection, storage and Curbside placement of Compostables. Composting: The controlled degradation of organic solid waste, yielding a product for use as a soil conditioner. Containers: A detachable container or drop -box container suitable for storage and Collection of City Solid Waste. For purposes of this Agreement: (i) "detachable container" means a watertight metal or plastic container equipped with a tight -fitting cover, capable of being mechanically unloaded into a Collection vehicle, and that is not less than one (1) cubic yard or greater than eight (8) cubic yards in capacity; and (ii) "drop -box container" means an all -metal container with ten (10) cubic yards or more capacity that is loaded onto a specialized Collection vehicle. Contractor: Waste Management of Washington Inc. County: Kitsap County, Washington. Contract Administrator: The Public Work's Director, or a person designated by the Public Work's Director. Curb or Curbside: The area within five (5) feet of the public street or alley where regular Garbage 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. Customer: A Person receiving Solid Waste Services from Contractor pursuant to the terms of this Contract. Disposal: The ultimate disposition of City Solid Waste at a landfill. Effective Date: July 1, 2015 Garbage: City Solid Waste that is placed by Customers in appropriate bags, cans, Carts, Containers, or other receptacles for Collection and Disposal by the Contractor. The term "Garbage" shall not include Hazardous Wastes, Special Wastes, Source -Separated Recyclables or Compostables. Disposal Fee: The fee charged to the Contractor for the Disposal of any Garbage or City Solid Waste. Hazardous Waste: Any substance that is: A. Defined as hazardous by 40 C.F.R. Part 261 and regulated as Hazardous Waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et sea.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA. Page 8 of 28 B. Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely Hazardous Waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW. Inaccessible Area: Any road that does not allow safe access, turn -around, clearance or does not meet the weight requirements for Contractor trucks. Paper: Office paper, copy paper, construction paper; newspaper and paper inserts; magazines and paper inserts; catalogs, mail and paper inserts; envelopes; paper bags; food boxes (cereal, cookie, cracker, etc.); juice boxes; milk, juice and ice cream cartons; aseptic containers, e.g. soup, broth, soy milk, almond milk; paper towel tubes; toilet paper tubes; tissue boxes; non -foil and non -cello wrapping paper; kraft paper bags or boxes; hot or cold cups. Multi -Family Premises: A Premises with two (2) or more combined dwelling Residences, irrespective of whether residence therein is transient, temporary or permanent. Multi -Family Residence: A Residence within a Multi -Family Premises. Non -Regular Scheduled/Temporary Service: Any non -permanent, temporary service requested by a Customer and available from Contractor, for a fee. These requested services will be provided by the Contractor and billed directly to the Customer by Contractor. Person: An individual, firin, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of Washington, Kitsap County, cities, and special purpose districts. Physically Challenged Persons: Disabled persons or any other Residential Customer who is not physically able to move Carts out to the Curbside, as determined based upon criteria reasonably established by the Contractor, with input from the City. Requests must be made to the Contractor in writing for such designation, and the Customer household cannot have another able-bodied person living in the home who is capable of rolling Carts out to the Curbside. Premises: Any land or building in the Service Area where City Solid Waste is generated, deposited, accumulated or otherwise coming to exist. Public Street: A public right of way used for public travel and owned by the City. Recycling: The processing of City Solid Waste for the purpose of returning it to the economy in the form of raw materials for new, reused, or reconstituted products, or other uses resulting in diversion from Disposal. Recyclable Material: Clear, amber, and green glass food and beverage containers; Tin -coated steel cans; Aluminum cans; —Scrap metal with dimensions less than 2 foot by 2 foot and less than 35 pounds -- Newspaper including glossy advertisements and inserts that are delivered with the newspaper; —Mixed paper including mail, magazines, catalogs and phone books, paperback books, computer paper, white and colored ledger, file folders, file cards, and chipboard; —Paper food containers including paper bags, dry food boxes, frozen food boxes, egg cartons, milk cartons, and juice boxes; Corrugated cardboard; Plastic bottles, jugs, and dairy tubs (no lids). Page 9 of 28 This list can be revised over time according to the following factors, as determined by the Kitsap County Solid Waste Division, Contractor and City: (1) Potential for significant waste stream diversion, (2) Market conditions, including market risk, (3) New technologies and innovative program approaches. Residence: A living space with a kitchen, individually rented, leased or owned, and located in the Service Area. Residential: Means of, from, or pertaining to Single -Family Premises and Multi -Family Premises, including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments. Recycling Carts: A Contractor -provided Cart suitable for Residential and Multi -Family storage, Curbside placement and Collection of Recyclables. 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 Premises: A Premises with one (1) Residence, irrespective of whether residence therein is transient, temporary or permanent. Single Stream Recycling: A system in which various types of Recyclables are separated from Garbage by the generator and placed together in a Cart or Container for Collection. Solid Waste Services: Any and all Collection, Disposal, Recycling and Composting services regarding City Solid Waste. Special Waste: 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. White Goods: Large household appliances such as washers, dryers, stoves, refrigerators (not containing CFCs), dishwashers, and other similar appliances. WUTC: The Washington Utilities and Transportation Commission, the State Agency that regulates solid waste collection in the unincorporated areas of the County. WUTC Tariff No. 20: WUTC Tariff Number 20 (Waste Management of Washington, Inc., Certificate Number 237), as may be modified from time to time by the WUTC. A copy of which is attached as Exhibit B. Yard Debris: Plant material commonly created in the course of maintaining yards and gardens and through horticulture, gardening, landscaping, or similar activities. Yard debris includes, but is not limited to grass clippings, leaves, branches, brush, weeds, flowers, roots, windfall fruit, and vegetable garden debris. Unflocked whole holiday trees, if cut in half, are acceptable. Materials larger than four (4) inches in diameter or four (4) feet in length are excluded. Page 10 of 28 ARTICLE I - AGREEMENT, TERM 1.1 Agreement The City of Port Orchard hereby agrees that Waste Management of Washington Inc. shall have the exclusive right and franchise to collect Garbage, Recyclable Material and Yard Debris within the city limits, to the extent allowed by law, including all work incidental thereto, upon the terns and conditions set forth below. 1.2 Tenn The initial tern of this Contract is five (5) years, starting July 1, 2015, and expiring June 30, 2020. The parties may extend the agreement for up to two (2) extensions, the first extension will be for three (3) years and the second extension is for two (2) years. Any such extension shall be by mutual agreement and under the original terns and conditions of this Contract. To exercise an option to extend this Contract, written notice shall be given by the parties by December 31st of the year prior to the expiration of the Contract term or the expiration of a previous extension. 1.3 Mandatory Services Pursuant to Section 6.01.010 of the City's Municipal Code, the collection of Garbage within the City is mandatory for all Residential and Commercial customers. Collection of Recyclable Materials within the City is mandatory for all Residential and Multi -Family customers. ARTICLE II - GENERAL OPERATIONS 2.1 Application of WUTC Tariff No. 20 The requirements regarding the collection of Garbage, Recyclable Material, Yard Debris and Special Wastes as set forth in the WUTC Tariff No. 20 (attached hereto as Exhibit B), and the rates named therein are incorporated by this reference and shall apply to the services described in this Agreement. In the event of any inconsistency between the terms of this Agreement and WUTC Tariff No. 20, the terms of this Agreement shall govern. 2.2 Collection 2.2.1 General The services to be performed consist of the collection of all Garbage, Recyclable Material, Yard Debris and Special Wastes herein referred to which occur within the City of Port Orchard 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. 2.2.2 Collection Schedule and Hours of Operations The collection of Garbage, Recyclable Materials and Yard Debris from Single Family Residences and Multi -Family customers within the City shall be between the hours of 6:00 AM and 6:00 PM. The collection of Commercial customers will be between the hours of 5:00 AM and 6:00 PM. 2.2.3 Collection Locations Subject to the provisions of paragraph 2.1.5, Contractor shall collect Garbage, Recyclable Materials and Yard Debris at Curbside from all Single Family Residences and Multi -Family Premises. Contractor may refuse to pick up materials at locations identified by Contractor and approved by the City, Page 11 of 28 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. 2.2.4 Collection from Residences of Disabled or Impaired Residents The Contractor shall provide collection to the residences or persons identified by the Contract Administrator as disabled or impaired. Contractor shall collect Garbage and Recyclables from such residences at no extra charge for containers not placed at curbside, provided that the Contractor has reasonable access to the containers. 2.2.5 Dangerous Animals Contractor will not be required to enter into private property to pick up materials while an animal is considered or feared to be vicious is loose. 2.2.6 Employees to Use Walks if Carry -Out Service Directed Employees, in collecting Garbage and Recyclable Materials, shall follow the regular walks 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. 2.2.7 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. 2.3 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 Contract is for the benefit of the Parties thereto, and is not intended to inure to the benefit of any third party. 2.4 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. 2.4.1 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 a violation of this nondiscrimination provision shall Page 12 of 28 constitute a breach of this Contract, and that such breach, if uncured, shall cause the Contractor to 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. 2.4.2 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 tune -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 there under. The Contractor is also responsible for meeting all pertinent local, state and federal health and environmental regulations and standards applying to the Solid Waste Services. 2.4.3 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. 2.4.4 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 reasonable. 2.5 Company Name Contractor shall not use a firm name containing any words implying municipal ownership or including the name of the City. 2.6 Contractor's Offices Contractor shall be required to maintain a local access telephone number or a toll -free 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.m. and 5:00 p.m. PST, Monday through Friday, except holidays. 2.7 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. 2.8 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, it shall repair or replace same, or failing to do so promptly as determined by the City, the City shall cause repairs or replacement to be made and the cost of doing so shall be billed to the Contractor. The City shall not be liable for any damage to property or injuries to any person(s) caused by Contractor, as provided in Section 4.3.1. 2.9 Loading Extra care shall be taken in the loading and transporting of solid waste so that the material to be collected is not left either on private property or on the streets or alleys. Any solid waste left on private property or on streets or alleys spilled by Contractor shall be cleaned up within a reasonable timeframe. 2.10 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. Page 13 of 28 2.11 Disruption of Collection 2.11.1 Disruption of Collection Due to Weather and/or Road Conditions When weather conditions are such that continued operation would result in danger to the Contractor's staff, area residents, or property, or when road conditions such as flooding or weight restrictions affect road use, the Contractor shall collect only in areas that do not pose a danger or are not subject to road use restrictions. The Contractor shall notify the City, on the same business day, of the areas not served. Following notification to the City, the Contractor will be provided temporary authorization to perform collection services after 6:OOpm and/or on Saturdays following disruptions due to weather in order to finish collection routes. The Contractor shall collect Garbage, Recyclables and Yard Debris from Customers with interrupted service on their next scheduled service day. Extras will not be charged for as long as it does not exceed double their normal service. 2.11.2 Holiday Schedules The Contractor shall observe the same holiday schedule as do Kitsap County OVTS (New Years, Thanksgiving and Christmas). When the day of regular collection is a legal holiday, the Contractor may reschedule the service to the next day, example: Monday to Tuesday, 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. 2.11.3 Missed and Makeup Collections If the Contractor fails to collect a customer's Garbage, Recyclables or Yard Waste which have been properly and timely set out for collection during a regularly scheduled collection, other than as provided in Section 2.11.1 or 2.11.2, the Contractor shall make a special make up collection within 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 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. 2.12 Collection Equipment In collecting Garbage, Recyclable Materials, Yard Debris, special waste and other wastes under this Contract, Contractor shall use truck bodies that are designed and manufactured for collection of Garbage, Recyclable Materials and Yard Debris and are capable of servicing detachable containers. No leakage from truck bodies or Contractor/supplier shall be allowed. Each vehicle shall meet state, county, and local motor vehicle safety, health and sanitation regulations and shall be operated at all times by qualified personnel. 2.12.1 Reserve Equipment The number and type of collection vehicles furnished by the Contractor, including back up or reserve equipment in event of equipment failure, shall be sufficient for the collection of all customer 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 Page 14 of 28 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. 2.13 Subcontractors Contractor may not subcontract any portion of the collection 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. 2.14 Method of Disposal Contractor shall deliver all Garbage, Recyclable Materials, Yard Debris and Special Wastes collected under the Contract to permitted facilities approved by all regulatory agencies having jurisdiction. 2.15 Service to City Facilities As partial consideration for this Contract, Contractor shall provide free collection of Garbage, Recyclables and Yard Waste to those City -owned facilities listed in Exhibit A ("City Facilities"). Such free collection shall not apply to material which (i) is other than Garbage, Recyclables and Yard Waste generated at such City Facility through its normal operations and regular weekly service at the facilities listed in Exhibit A (e.g., construction and demolition waste), (ii) is not generated by the City, or (iii) is collected by third parties and delivered to a City Facility. If the City requests collection services for additional City Facilities, or the volume of a category of material generated by City Facilities increases by 10% or more, then the Parties shall meet and confer in good faith to negotiate an appropriate adjustment to Contractor's rates set forth herein. 2.16 Compliance with Laws Contractor shall comply with all applicable local, state and federal regulations and laws regarding the collection transfer and disposal of Garbage pursuant to this contract. 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 Quarterly Pro ar�ports The Contractor shall submit quarterly program reports for the length of the Contract period commencing upon the initial day of the Contract. These reports shall be completed within twenty (20) business days from the end of the period being reported. 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 Yard Debris by tonnage, collected and recovered (not disposed of at landfill), by customer category. b. Resident participation rates in terms of monthly set -out counts. c. Monthly summary of solid waste tonnage, collected and disposed of at a landfill, by customer category. d. Customer complaint report. Page 15 of 28 3.2 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. However, all financial, commercial, personnel, trade secret and technical information relating to the business of Contractor ("Confidential Information") acquired directly or indirectly by the City, including pursuant to any rate review or performance review hereunder, shall be kept by the City in strict confidence. The City shall not use Confidential Information for any reason or in any manner other than as expressly provided in this Article III. The Contractor acknowledges that the City is subject to chapter 42.56 RCW, the Public Records Act, and is required to disclose certain public records in the City's possession. If the City receives a third party request for any public record that the City has obtained from the Contractor under this Section, the City shall notify the Contractor of the receipt of such request, and the Contractor may, consistent with RCW 42.56.540, request court protection of such record(s). ARTICLE IV - INSURANCE AND SAFEGUARDS 4.1 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. 4.1.2 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. 4.1.3 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. 4.1.4 Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. 4.1.4.1 Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 4.1.4.2 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: Page 16 of 28 a. Bodily Injury b. Employees as Additional Insured C. Premises/Operations Liability (M&C) d. Products and Completed Operations Liability e. Coverage for Insured Contracts 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 4.1.4.3 Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease —Policy Limit $1,000,000. 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. 4.1.5 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect 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. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled, except after thirty (30) days prior written notice has been given to the City. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorse to waive the right of subrogation against the City, or any self- insurance, or insurance pool coverage maintained by the City. 4.1.5.1 Minimum Scope of Insurance Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Contractor shall obtain insurance 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. Page 17 of 28 2. Commercial General Liability insurance shall be written on ISO occurrence fonn CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work perfonned for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4.1.5.2 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 4.1.5.3 Contractor's Insurance Primary The Contractor's insurance coverage shall be primary insurance as respects the City, but only as respect the liabilities assumed by Contractor under this Contract.. 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. 4.2 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 Twenty Five Thousand Dollars ($25,000.00). 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. 4.3 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, breach of this Contract or willful misconduct of the City its agents, employees, and/or officers, this indemnity provisions shall be valid and enforceable only to the extent of the fault 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 solely caused by the City's negligence, breach of this Contract or willful misconduct. 4.3.2 Waiver of RCW Title 51 With respect to the obligations to hold hannless, 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. Page 18 of 28 4.4 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. ARTICLE V - GARBAGE COLLECTION 5.1 Garbage Collection 5.1.1 Carts; Containers All Residential Garbage will be collected in Contractor owned carts. Extra materials which do not fit neatly within the Customer's primary Cart/can shall be collected for an additional fee and may be placed adjacent to the primary Cart in customer provided plastic bags which can be safely collected by Contractor's personnel and equipment. All Multi -Family and Commercial Garbage will be collected in Contractor owned carts or containers, and extra materials which do not fit neatly within the Customer's primary Container shall be collected for an additional fee and may be placed adjacent to the primary Container in Customer provided plastic bags which can be safely collected by Contractor's personnel and equipment. 5.1.2 Bulky Items and White Goods Upon request from the City, the Contractor shall provide separate collection of bulky items and white goods on a call -in basis. Residents will be charged fees according to the W.U.T.C. tariff in effect at the time of the request. ARTICLE VI — CITY CLEANUP DAYS 6.1 General The Contractor shall provide two (2) city cleanup weeks annually (Spring and Fall), upon 90 days notice from the City. At each City cleanup, Contractor will pick up additional household refuse from each single family residence at the curb (limit 2 cubic yards) and from multi -family premises. The City will provide equipment and manpower to pick up Bulky Material. Additional tonnage picked up by the Contractor and the City during these weeks will be paid for by the Contractor (maximum of $3,000.00 per event). ARTICLE VII - RECYCLABLES COLLECTION 7.1 General Recycling Provisions The collection of Recyclable Material shall comply with the requirements set forth in WUTC Tariff No. 20, a copy of which is attached as Exhibit B and as incorporated by this reference and shall apply to the services described in this Article VII.. Recyclables Collection services will be provided to Commercial Customers pursuant to separate agreements. Contractor becomes the owner of Recyclables when they are placed in the Contractor's collection vehicle and, thereafter, the Contractor may market or manage them in any manner the Contractor deems to be economically feasible. The Contractor shall be responsible for all marketing and sale of Recyclables collected hereunder and shall be entitled to all proceeds therefrom. Page 19 of 28 7.1.2 Requirement to Recycle and Compost The Contractor shall recycle or compost all Source -separated Recyclables and Yard Debris collected, unless express prior written permission is provided by the City. In the event that a change in Applicable Law or a material change in market conditions occurs, including but not limited to lack of commercially reasonable market availability for processed Recyclables, changes in market specifications affecting the salability of processed Recyclables, changes affecting the recyclability or marketability of Recyclables, changes in the quantity, quality or composition of the Recyclables or Single Stream Materials, (each a "Material Change"), has the effect of materially altering the terms of this Agreement, or preventing or precluding compliance with one or more provisions of this Agreement, or preventing, precluding or substantially affecting the benefit(s) bargained for under this Agreement, including profits of Company, this Agreement shall be modified or suspended as may be necessary to comply with, ameliorate, or prevent the detrimental effects on the Agreement of, such Material Change. A Party detrimentally affected by a Material Change shall so notify the other Party and request amendment to this Agreement accordingly, and the Parties shall engage in good faith negotiations for a period of not less than six (6) months after such request regarding such amendments of this Agreement that reflect the extent to which the provisions hereof have been, or should be, so modified or suspended. If a Material Change precludes or reduces any of Company's rates or other revenues, then the Parties shall modify this Agreement in accordance with this provision in order that Company can achieve, on an ongoing basis, profits that existed immediately prior to the change in Applicable Law. ARTICLE VIII — YARD DEBRIS 8.1 Yard Debris Collection Yard Debris collection is available for Residential customers. Customers who sign up with the Contractor for Yard Debris collection will be provided a 96-gallon cart. This is not a mandatory collection program and will follow the regulations and rate structure set forth in WUTC Tariff No. 20. Contractor becomes the owner of Compostables when they are placed in the Contractor's collection vehicle and, thereafter, the Contractor may market or manage them in any manner the Contractor deems to be economically feasible. Contractor shall be responsible for all marketing and sale of Compostables collected hereunder and shall be entitled to all proceeds therefrom. ARTICLE IX — CONTRACTOR COMPENSATION 9.1 General For the term of the Contract, Contractor shall charge fees in accordance with this Article to persons from who the Contractor collects Residential Garbage, Recyclable Materials and Yard Debris; Multi -Family Garbage and Recyclable Materials; and Commercial Garbage. 9.2 Compensation The Contractor will receive compensation for all collection services as set forth in WUTC Tariff No. 20, as may be modified from time to time by the WUTC. Exhibit B contains the current rates set forth in Tariff No. 20. 9.3 Rate Increases Any rate increases under this Article IX shall be made in compliance with the provisions of the WUTC, and any modification to the rates set forth in Tariff No. 20 shall apply to this Agreement. The Contractor shall provide the City with 60 days prior written notice of any rate increases. Page 20 of 28 9.4 Lien for Non -Payment Every property owner and every occupant of each premises to which Garbage, Recyclable Materials, and/or Yard Debris collection and disposal services are rendered shall be responsible for and shall pay, without delinquency, the charges for such services as billed by the Contractor, provided such charges are in conformance with WUTC Tariff No. 20, as may be modified pursuant to section 9.3, above. The Contractor shall be responsible for the billing and collection of such charges, and shall have all rights and remedies upon delinquency, including, but not limited to, lien rights, as 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. The property owner and/or occupant of each premises to which Garbage, Recyclable Materials, and/or Yard Debris collection and disposal services are rendered shall pay the charges therefore to the Contractor at its office not later than thirty (30) days after the billing therefore is mailed, and in the event said charges are not so paid, the charges shall be deemed delinquent. Interest shall accrue at the rate set forth by the Contractor, until paid in full. In addition to any other remedy provided by law, in the event of delinquency, the Contractor may pursue a lien against the property for which the Garbage, Recyclable Materials, and/or Yard Debris collection and disposal services are rendered. A notice of such lien shall specify the charges, the period covered by the charges and set forth the legal description of the premises sought to be charged, and the notice of lien shall be filed with the county auditor within the time required and shall be foreclosed in the manner and within the time prescribed for liens for labor and material. The lien for Garbage, Recyclable Materials, and/or Yard Debris collection and disposal charges shall be prior to all liens and encumbrances filed subsequent to the filing of the notice of it with the county auditor, except the lien of general taxes and local improvement assessments whether levied prior or subsequent thereto. ARTICLE X - BILLING SERVICES 10.1 Contractor Billiniz Contractor shall be responsible for billing and collection of all charges, fees and taxes for the collection of Solid Waste pursuant to this contract. Contractor agrees to collect and remit City utility taxes without any additional charge for the administrative expense incurred in collection and remitting such taxes. ARTICLE XI - DEFAULTS 11.1 Termination Except for the occurrence or existence of a Force Majeure event, or if there is any failure or refusal of the Contractor to comply with any material obligation or duty under this Contract, then the City and Contractor shall meet and confer in good faith in an effort to agree on a resolution of the breach, unless the nature of the breach does not warrant a resolution. If the Parties are unable to agree on an informal resolution of the breach, and the Contractor has violated a material provision of this Contract, Page 21 of 28 the City may provide Contractor with written notice of the default, stating the specific reasons for the default and the provisions of the Contract which have been violated. If the breach is of the Contractor, then the Contractor shall have thirty (30) days to cure such default or commence to cure such default if it is of a nature that cannot be cured within the prescribed timeframe. If the Contractor fails to cure the default within the stated period, or fails to commence such cure in a manner reasonably satisfactory to the City to remedy the stated violation, then the City may, at its option, terminate this Contract. The City reserves the right to pursue any remedy available at law or in equity for any default of the Contractor, including, but not limited to, enforcement of the Bond. Except for the occurrence or existence of a Force Majeure event, or if there is any failure or refusal of the City to comply with any material obligation or duty under this Contract, then the City and Contractor shall meet and confer in good faith in an effort to agree on a resolution of the breach, unless the nature of the breach does not warrant a resolution. If the Parties are unable to agree on an informal resolution of the breach, and the City has violated a material provision of this Contract, the Contractor may provide the City with written notice of the default, stating the specific reasons for the default and the provisions of the Contract which have been violated. If the breach is of the City, then the City shall have thirty (30) days to cure such default or commence to cure such default if it is of a nature that cannot be cured within the prescribed timeframe. If the City fails to cure the default within the stated period, or fails to commence such cure in a manner reasonably satisfactory to the Contractor to remedy the stated violation, then the Contractor may, at its option, terminate this Contract. 11.2 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 amounts 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. Liquidated damages shall not apply if the breach caused by a force majeure event. Liquidated damages may be levied only with respect to Residential Collections and Commercial Garbage Collections. Liquidated damages may be levied if documented in an incident report presented by the City to the Contractor. The City reserves the right to make periodic, unscheduled inspection visits to determine the Contractor's compliance with the Contract terms. For multiple or continuous actions or omissions not falling within this section, the City may assess a cumulative maximum fine of up to $2,500. Any fine may be appealed by the Contractor to the City Council whose decision in the matter will be final. 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 liquidated damages may be appealed within ten (10) days by Contractor to the City Council, whose decision shall be final. Page 22 of 28 Action or. Omission Li uidated Damn A truck making Residential collection prior to 6:00 $50 per incident a.m., or after 6:00 p.m. without city approval Repetition of Complaints on a route $25 per incident after notification to replace can or detachable container in designated locations, spilling, not closing gate, crossing planted areas, or similar violations Landfilling or burning uncontaminated Recyclable $75 per incident Material without the express written consent of the Public Works Director, per vehicle, no maximum ARTICLE XII - ANNEXATION 12.1 Franchise Rights/Annexations In the event the City annexes any territory during the term of this franchise, the provisions of RCW 35.13.280 shall apply. ARTICLE XIII - MISCELLANEOUS 13.1 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. 13.2 Notices Any notices to be sent to the City shall be sent to the Contract Administrator at the following address: Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Any notices sent to Waste Management of Washington, Inc. shall be sent to: Area Director of Public Sector Services Waste Management of Washington, Inc. 720 4`" Avenue, Suite 400 Kirkland, WA 98033 Page 23 of 28 13.3 Severability If any provision of this Contract is held to be void, invalid or unenforceable under any applicable law by a court of competent jurisdiction, the remaining provisions of the Contract shall remain in effect and bind the parties. 13.4 Entire Agreement This Contract and all Exhibits hereto constitute 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. 13.5 Attorneys' Fees In the event of any action or proceeding to enforce, interpret, construe, or otherwise resolve a dispute between the parties arising from any term, condition or provision of this Contract, the prevailing party in such action or proceeding shall be entitled to recover, in addition to all other relief, from the other party, reasonable attorneys' fees incurred by the prevailing party in connection with such action or proceeding, including but not limited to any appeal thereof. 13.6 Change in Service Contractor shall give (45) days written notice to the Mayor of any rate or 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 City Council. 13.7 Assignment This Contract may not be assigned or transferred by Contractor, 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, in its sole discretion. In the event of an unauthorized assignment or transfer, the City reserves the right to cancel or terminate the Contract. 13.8 Force Majeure Provided that the requirements of this section are met, the City and/or the Contractor shall be excused from performance and shall not be liable for failure to perform under this Contract if the City or the Contractor's performance is prevented or delayed by acts of terrorism, acts of God, landslides, lightning, forest fires, storms, floods, typhoons, hurricanes, freezing, earthquakes, volcanic eruptions, other natural disasters or the imminent threat of such natural disasters, pandemics, quarantines, civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, lockouts, or other labor disturbances, acts of government or governmental restraint or other causes, whether of the kind enumerated or otherwise, and whether foreseeable or unforeseeable, that are not reasonably within the control of the City or Contractor ("Force Majeure"). If as a result of a Force Majeure event, either party is unable wholly or partially to meet its obligations under this Contract, it shall give the other party written notice of the Force Majeure event, describing it in reasonable detail. The obligations under this Contract shall be suspended as to the party affected by the Force Majeure event, 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 City and Contractor will engage in disaster preparedness planning to address service response in the event of an emergency or Force Majeure in an effort to minimize interruptions in performance under this Agreement. 13.9 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. Page 24 of 28 13.10 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 (except as provided herein) 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. 13.11 Subcontracting The Parties intend that Contractor shall perform pursuant to the terms of this Contract with its own employees. However, in the event any subcontractor collection 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. 13.12 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. 13.13 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. 13.14 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. Should the City make changes to their solid waste municipal ordinances and resolutions, the City shall use its best efforts to notify the Contractor at least thirty (30) days in advance of the date for which the ordinance or resolution becomes effective. 13.15 Successors and Assigns This Contract shall be binding upon the Parties and their successors and assigns. 13.16 Corporate Authority Each individual executing this Contract on behalf of a corporation or entity represents and warrants that he/she is duly authorized to execute and deliver this Contract on behalf of the corporation or entity. 13.17 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 snake 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 Director of Public Works 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 Director of Public Works, either party may appeal the decision to the Mayor of Page 25 of 28 Port Orchard, whose decision shall be final. This administrative process shall not foreclose either the City or the Contractor from pursuing their legal or equitable remedies in Kitsap 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. Agreed to as of this day of t , 2015: City of Port Orchard Attest: IM Approved as to form: :�cf C.l�.zc' City Attorney CHAR'% ;•�RATF� •• ''�. 00, F'= .uuL Waste Management of Washington, Inc. Page 26 of 28 Port Orchard, whose decision shall be final. This administrative .process shall not foreclose either the City or, the Contractor from pursuing theirlegalor equitable remedies in ICitsap Superior.Court to enforce, construe or otherwise resolve a dispute, between the City and. the Contractor arising from any tern or condition of this Contract, Agreed to as of this day of , 2015: City of Port Orchard By: Mayor Attest: By: City Clerk Appro a to form: G ty Attorney Waste Management of 1jGashington, Inc: Its: EXHIBIT A LIST OF CITY FACILITIES City Facility Name Service Address Service Level as of July 1, 2015 FIRE DEPT 200 TREMONT ST 1-1.5 YD Garbage lx/per week 2 YD Recycle lx/per week 64 GAL CART Recycle LIBRARY 87 SIDNEY AVE 1-96 GAL CART Garbage lx/week 64 GAL CART Recycle 2051 SIDNEY AVE 1-3 YD Garbage 1x/per week PUBLIC WORKS 64 GAL CART Recycle 1 KENDAL AND 1-6 YD Garbage 2x/per week CLINE ACTIVITY CENTER POLICE DEPT 216 PROSPECT ST 1-3 YD Garbage lx/per week 1-96 GAL CART Garbage Ix/per week 3 - 64 GAL CART Recycle 1535 VIVIAN CT 30 YD Garbage ROLLOFF BOX PUBLIC WORKS 1-3 YD Garbage Ix/per week 1-4 YD Recycle 1 x/per week 1 TACOMA AVE 1-96 GAL CART Garbage lx/per week ACTIVITY CENTER 1 - 64 GAL CART Recycle 1165 BEACH DR 2-3 YD Garbage 2x/per week SEWER TREATMENT PLANT 2 YD Recycle Ix/per week Page 27 of 28 EXHIBIT B RATE SHEET (TARIFF No. 20) Page 28 of 28 RECEIVED MAR. 19, 2014 WA. UT. & TRANS COMM. ORIGINAL TG-140451 3rd Revised Title Page Tariff No. 20 Cancels Tariff No. 19 of Waste Management of Washington, Inc. (Name of Solid Waste Collection Company) Brem-Air Disposal (Registered trade name of Solid Waste Collection Company) Certificate Number G- 237 NAMING RATES FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE, AND IF NOTED, RECYCLING AND YARDWASTE IN THE FOLLOWING DESCRIBED TERRITORY: See Attached Appendices A & B (C) (NOTE: If this tariff applies in only a portion of a company's certificate authority, a map accurately depicting the area in which the tariff applies must be attached to the tariff) Name of person issuing tariff: Michael A. Weinstein Mailing address of issuing agent: 720 4"' Avenue, Suite 400 City, State/Zip Code: Kirkland, WA 98033 Telephone number, including area code: (425) 814-7840 FAX number, if any: (425) 814-7866 E-mail address, if any: mweinstein(d4m.com fficial UTC requests for information :garding consumer questions and/or )mplaints should be referred to the )Ilowing company representative: ame: Michael Weinstein itle: Senior Pricing Manager hone: (425) 814-7840 -Mail: mweinstein(a)wm.com ax: (425) 814-7866 Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: March 19, 2014 Eff ehciv� date ,My l� 2014,�,LY (For Official Use Only) Docket: TG-140451 Agenda Date: April 24, 2014 Docket No. TG- Date: 4kffertive [)at,-- May 1 2014 RECEIVED OCT 20, 2014 WA. UT. & TRANS COMM. ORIGINAL TG-143718 Tariff No. 20 18th Revised Page No. 2 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal CHECK SHEET All pages contained in this tariff are listed below in consecutive order. The pages in the tariff and/or any supplements to the tariff listed on this page have issue dates that are the same as, or are before, the issue date of this page. "O" in the revision column indicates an original page. Number Current Revision Page Page Number Revision Page Number CurrentPage Revision Title Page 3rd 20 O Check sheet/2 18th 21 1 st Item Index/3 O 22 13th Subject Index/4 O 23 5th Subject Index/5 O 24 2nd Taxes Sheet/6 O 25 9th 7 O 26 O 8 O 27 2nd 9 O 28 O 10 O 29 O 11 O 30 O 12 O 31 O 13 O 32 2nd 14 1 st 33 2nd 15 O 34 2nd 16 O 35 2nd 17 O 36 O 18 O 37 O 19 1" 38 O Supplements in Effect Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: October 20, 2014 Effective date: January 1, 2015 (For Official Use Only) rulix UPPICIAL, ME UIVLAY Docket: TG-143718 Agenda Date: December 11, 2014 Docket No. TG- Date: Ff�'ticZDte��ta?015 RECEIVED AUG. 31, 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 3 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Index of Items in This Tariff — see next page for list by topic Item 5 —Taxes Item 10 — Application of Rates — General Item 15 — Holiday Pickup Item 16 — Change in Pickup Schedule Item 17 — Refunds Item 18 — Billing, Advance Billing, Payment Delinquency Dates, Late Charges Item 20 — Definitions Item 30 — Limitation of Service Item 40 — Material Requiring Special Equipment, Precautions, or Disposal Item 45 — Material Requiring Special Testing and/or Analysis Item 50 — Returned Check Charges Item 52 — Re -delivery Charges Item 55 — Over -sized or Over -weight Units Item 60 — Overtime Item 70 — Return Trips Item 75 — Flat Monthly Charges Item 80 — Carryout Service, Drive -Ins Item 90 — Can Carriage, Overhead Obstructions, Sunken or elevated cans/units Item 100 — Can/Unit Service, Residential — Residential Curbside Recycling — Residential Yardwaste service Item 105 — Multi- family rates Item 120 — Drums Item 130 —Litter Receptacles Item 150 — Loose and/or Bulky Material Item 160 — Time Rates Item 200 — Application of Container and/or Drop Box Rates — General Item 205 — Roll -Out Charges — Containers, Automated Carts, and Toters Item 207 — Excess Weight — Rejection of Load, Charges to Transport Item 210 — Washing and Sanitizing Containers and Drop Boxes Item 220 — Compactor Rental Item 230 — Disposal Fees Item 240 — Container Service — Non -compacted — Company -owned container Item 245 — Container Service — Non -compacted — Customer -owned container Item 260 — Drop Box Service — Non -Compacted — Company -owned drop box Item 275 — Drop Box Service — Compacted — Customer -owned drop box Item 300 — List of Abbreviations and Symbols Used in Tariff Issued by: Michael A. Weinstein, Senior PricingAIWFkdP*Mf#Mt(Ne8U'Srfignding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Issue date: August 31, 2007 Effective date: Oe5Mfb?71785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 31, 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 4 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Index by topic Item No. Abbreviations used in tariff..................................................................................................................300 Advancebilling.......................................................................................................................................18 Animals.........................................................................................................................................30 Bales.......................................................................................................................................140 Billingperiods authorized.......................................................................................................................18 Carryoutservice......................................................................................................................................80 Commercialcan service........................................................................................................................245 Compactorrental...................................................................................................................................220 Container service, non -compacted, company-owned...........................................................................240 Container service, non -compacted, customer-owned...........................................................................245 Containers and/or drop boxes, availability...........................................................................................200 Containers and/or drop boxes, general rules.........................................................................................200 Containers and/or drop boxes, washing and sanitizing.........................................................................210 Creditdue the customer..........................................................................................................................17 Damageto customer property .................................................................................................................30 Definitions.........................................................................................................................................20 Delinquencydates...................................................................................................................................18 Disposalfees.......................................................................................................................................230 Drive-in service.......................................................................................................................................90 Drop -box service, compacted, customer-owned...................................................................................275 Drop -box service, non -compacted, company-owned...........................................................................260 Excess weight, rejection of load, charges to transport ..........................................................................207 Flatmonthly charges...............................................................................................................................75 Holidaysobserved...................................................................................................................................60 Latecharges.........................................................................................................................................50 Limitationsof service.............................................................................................................................30 Litterreceptacles...................................................................................................................................130 Loose and/or bulky material.................................................................................................................150 Material requiring special disposal.........................................................................................................40 Material requiring special equipment.....................................................................................................40 Material requiring special precautions....................................................................................................40 Material requiring special testing/analysis.............................................................................................45 Continued on next page L,L Issued by: Michael A. Weinstein, Senior Pricing ggbdP Mffi t(Me8&fignding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Issue date: August 31, 2007 Effective date: 00" 5MI071785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 5 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Index by topic, continued Item No. Missed pickups, weather or road conditions...........................................................................................30 Multi -family rates.................................................................................................................................105 NSFchecks.........................................................................................................................................50 Overheadobstructions............................................................................................................................90 Over -sized Units.....................................................................................................................................55 Overtime.........................................................................................................................................60 Over -weight units...................................................................................................................................55 Refundof overcharges............................................................................................................................17 Refundof prepayments...........................................................................................................................17 Refunds.........................................................................................................................................17 Refusalto make pickup...........................................................................................................................30 Residentialrecycling.............................................................................................................................100 Residentialservice................................................................................................................................100 Residentialyardwaste...........................................................................................................................100 Re -delivery charges................................................................................................................................52 Returnedcheck charges..............................:...........................................................................................50 Returntrips.........................................................................................................................................70 Roll -out charges....................................................................................................................................205 Stairsor steps.........................................................................................................................................90 Sunkenor elevated cans/units.................................................................................................................90 Symbolsused in tariff...........................................................................................................................300 Taxes...........................................................................................................................................5 Timerates.......................................................................................................................................160 issuea ny: micnaei A. wemstem, z!)emor rricmgny gfkdrd�fttAffi- fiRI& ShYfl9nding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Issue date: August 31, 2007 Effective date: OqMjdkj.5MV0F7j785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 6 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 5 — Application of Rates — Taxes In addition to the rates shown in the remainder of the tariff, the following taxes apply: Entity imposing tax: Ordinance number: Amount of tax: Application Commodities and territory) City of Poulsbo 2003-32 6.38% Utility Tax on all services within the City Issued by: Michael A. Weinstein, Senior Prici Issue date: August 31, 2007 fflfl*Ykr1rftft12t%W1M Sfff 9nding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Effective date: OaWb(&15 MOV 17R 5 (For Official Use Only) Agenda Date: Oct. 24, 200 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 31, 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 7 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 10 — Application of Rates — General Rates named in this tariff cover the collection, transportation, and disposal of solid waste. When specifically referred to, rates also cover the collection and transportation of recyclable materials and/or yardwaste. Title 81.77 of the Revised Code of Washington (RCW) and Chapter 480-70 of the Washington Administrative Code (WAC) govern operations of solid waste collection companies and the tariffs companies must file with the Washington Utilities and Transportation Commission (WUTC). Unless exceptions are shown, all materials must be placed on the same level as the streets or alleys. The company may charge additional amounts for disposal fees only when specifically stated in the tariff and separately shown on customer bills. Item 15 — Holiday Pickup — Regularly Scheduled Service When a pickup is missed due to the company's observance of a holiday, the company will provide service, at no additional cost to the customer, on an alternate day. A list of the holidays the company observes is shown in Item 60. For application of rates in this tariff, the company defines alternate day to mean the following: Pick-up days are Monday through Friday including all holidays except Thanksgiving day, Christmas day, and New Year's day. If the pick-up day falls on or after any of those three holidays, the alternate day will be one day late that week, for the balance of the week through Saturday. Item 16 — Change in Pickup Schedule When a company changes the pick-up date for its certificate area, or a portion of its certificate area, the company must notify all customers in the affected area of that change. Notice must be made at least seven days before implementation of the new pickup schedule and may be made via mail, personal contact, or by a notice being affixed to the customer's solid waste receptacle. Issued by: Michael A. Weinstein, Senior Issue date: August 31, 2007 Y icmgll' *,Vbrle �12i'hMff O Siff@nding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Effective date: 0e5M1i71785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 31, 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 8 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 17 — Refunds Credit due the customer. When there has been a transaction that results in a credit due the customer, the following apply: (a) If the amount due is five dollars or less, an adjustment will be made to the customer's account. The adjustment must be shown on the next regular bill. (b) If the amount due is more than five dollars, the customer may accept an account adjustment or may request a refund. (a) If the customer elects to have an account adjustment made, the adjustment must show on the next regular billing. (b) If the customer elects to receive a refund, the company must issue a check within thirty days of the request. Overcharges. Once a company becomes aware that it has overcharged a customer, it must provide a refund or an account adjustment credit to the customer. The customer must be given a choice as to which option is preferred. The refund or credit must be the amount overcharged in the three years before the date of discovery. (c) If the customer elects to have an account adjustment made, the adjustment must show on the next regular billing. (d) If the customer elects to receive a refund, the company must issue a check within thirty days of the request. Prepayments. If a customer has paid service fees in advance, service is discontinued during the pre -billed period, and the customer is due a refund, the following apply: (a) A company must honor all requests for refunds of the unused portion of prepayments. (b) If the customer provides a forwarding address to the company or one can be obtained from the Post Office, the company must issue a refund check no more than thirty days following the customer's request. (c) If the customer cannot be located or did not provide a forwarding address and the U.S. Post Office cannot furnish a forwarding address, the amount may be presumed to be abandoned and is subject to the Uniform Unclaimed Property Act after one year. Issued by: Michael A. Weinstein, Senior Issue date: August 31, 2007 Granting Tariff Revisions per Order 02 Effective date: 01 LY Tariff Revisions; Wket TG-071785 (For Official Use Only) Agenda Date: Oct. 24, 200 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 31, 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original, Page No. 9 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 18 — Billing, Advance Billing, and Payment Delinquency Dates Billing period. A company may bill its customers for one, two, or three months of service. Advance billing and payment delinquency dates. The following chart defines the maximum period allowed for advance billing and the date when a bill may be considered delinquent: Billing period Maximum advance billing Delinquency date period allowed One month's service No advance billing May not be less than (monthly) allowed twenty-one days after the date the bill is mailed Two months' service One months' advanced May not be until the last billing allowed day of the second month Three months' service Two months' advance May not be until the last billing allowed 1 day of the third month The billing period chosen by the company operating under this tariff for residential solid waste accounts is: Three months' service. Late charges. Customers with past due accounts after the delinquency dates specified in the chart above will be charged a late fee of 1 % per month on outstanding balances. The minimum charge per month is $1.00. Item 20 — Definitions NOTE: The definitions shown on the first three pages of this item are standard, inmost cases prescribed by rude. Companies may not amend these definitions. Companies wishing to add definitions specific to their company's operations must include those definitions on a separate page, entitled, "Company -specific definitions." A blank sheet isprovidedfor that purpose. inn n��rnrn r rm�j,Y Issued by: Michael A. Weinstein, Senior Pricing gba e*h1 r�t(N kiW�gnding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Issue date: August 31, 2007 Effective date: 00"}5M4Y71785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Ordinal Page No. 10 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Bale: Material compressed by machine and securely tarped or banded. Bulky Materials: Empty carriers, cartons, boxes, crates, etc., or materials offered for disposal, all of which may be readily handled without shoveling. Charge: A set flat fee for performing a service. Or, the result of multiplying a rate for a unit times the number of units transported. Commercial Billing: Service billed to a commercial customer or billed to, and paid for, by a property manager or owner rather than a residential tenant. Compacted Material: Material that has been compressed by any mechanical device either before or after it is placed in the receptacle handled by the company. Compactor Disconnect/ Reconnect Charge: A flat fee established by the solid waste collection company for the service of disconnecting a compactor from a drop box or container before taking it to be dumped, and then reconnecting the compactor when the drop box or container is returned to the customer's site. Gate charge: A flat fee charged for opening, unlocking, or closing gates in order to pick up solid waste. Loose material: Material not set out in bags or containers, including materials that must be shoveled. Multi -family residence: Any structure housing two or more dwelling units. Packer: A device or vehicle specially designed to pack loose materials. Pass through fee: A fee collected by a solid waste collection company on behalf of a third party when the fee is billed directly to the customer without markup or markdown. Item 20 — Definitions, continued Vnn nUUMn7e r rzrZ;' Issued by: Michael A. Weinstein, Senior Issue date: August 31, 2007 cingI!Y� gfkrre" ftl t%Yt I&A Sfff finding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Effective date: O ,ft 5MQb?71785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Ordinal Page No. 11 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Permanent service: Container and drop -box service provided at the customer's request for more than ninety days. Rate: A price per unit or per service. A rate is multiplied times the number of units transported or the number of times a service is performed to determine a charge. Solid waste receptacle: includes the following items, with the following meanings: Automated cart means a cart designed to be picked up and emptied by mechanical means. The specific type and size are to be defined in rate items. Can means a receptacle made of durable, corrosion -resistant, nonabsorbent material that is watertight, and has a close -fitting cover and two handles. A can holds more than twenty gallons, but not more than thirty-two gallons. A can may not weigh more than 65 pounds when filled. Cart means a wheeled plastic container. A cart may also be referred to as a toter. If supplied by a customer, a cart must be compatible with the company's equipment. The size and type of cart that is compatible will be established in each company's tariff. Container means a detachable receptacle (normally designed to hold at least a cubic yard of solid waste) from which materials are collected by mechanically lifting the receptacle and emptying the contents into the company's vehicle. Drop box means a detachable receptacle used to provide solid waste collection service by the receptacle being placed on the company's vehicle by mechanical means and transported to a disposal site. Drum means a metal or plastic container of approximately fifty -gallon capacity, generally used for oils or solvents. A drum may not weigh more than 50 when filled. Litter receptacle means a container not over sixty -gallon capacity, generally placed in shopping centers and along streets or highways for litter. A litter receptacle may not weigh more than 65 pounds when filled. Item 20 — Definitions, continued LL Issued by: Michael A. Weinstein, Senior PricingNMgfkrjP hj%ft& r��nding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Issue date: August 31, 2007 Effective date: OgMt* 5MI671785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 12 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Micro -mini can means a can made of durable, corrosion -resistant, nonabsorbent material that is watertight and has a close -fitting cover. A micro -mini can may not hold more than ten gallons. A micro -mini can may not weigh more than 20 pounds when filled. Mini -can means a can made of durable, corrosion resistant, nonabsorbent material that is watertight and has a close -fitting cover. A mini -can may not hold more than twenty gallons. A mini -can may not weight more than 35 pounds when filled. Recycling bin or container means a bin or container designed or designated for the collection of recyclables. The size and type of recycling bin or container will be established in each company's tariff. Toter means a wheeled plastic container. A toter may also be referred to as a cart. If supplied by customer, a toter must be compatible with the company's equipment. The size and type of toter that is compatible will be established in each company's tariff. Unit means a receptacle made of durable, corrosion -resistant, nonabsorbent material that is watertight, and has a close -fitting cover and two handles. A unit holds more than twenty gallons, but not more than thirty-two gallons or four cubic feet. A unit may not weigh more than 65 pounds when filled. Where agreed on between the company and the customer, and where allowable under local ordinance, a box, carton, cardboard barrel or other suitable container may be substituted for a solid waste can, for a single pick-up that includes removal of the container, if it meets the size and weight limits established in the company's tariff. Yardwaste bin or container means a bin or container specifically designed or designated for the collection of yardwaste. Each company's tariff will refer to a specific type of yardwaste bin or container to be used by customers in a service area. The type, size, weight, etc., of this type of bin or container will often be set by local government plans or ordinances. Special pick-up: A pick-up requested by the customer at a time other than the regularly scheduled pick-up time, that requires the special dispatch of a truck. If a special dispatch is required, the company will assess time rates established in the company's tariff. Item 20 —Definitions, continued Issued by: Michael A. Weinstein, Senior Issue date: August 31, 2007 IV lcmg1Y *furl' $t�%Y'c I& Sfff finding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Effective date: OTMWkj5MQY71785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 13 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Supplement: A page added to the beginning of a tariff, normally to cover emergency, temporary, or special situations. An example is a page issued to show a special surcharge imposed by a city. Temporary service: Temporary service means providing container or drop -box service at the customer's request, for a period of ninety days or less. Unlatching: Another term for a gate charge. A flat fee imposed by a solid waste collection company when the company's personnel must unlatch a gate or door to perform pickup service. Unlocking: A flat fee imposed by a solid waste collection company when the company's personnel must unlock padlocks or other locking devices to perform pickup services. Issued by: Michael A. Weinstein, Senior, Issue date: August 31, 2007 Y �cmglj'tti��r�►Ti�7tiiPlt'��'�S��nding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Effective date: 0qMW5MPY71785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED SEP. 139 2013 WA. UT. & TRANS. COMM. ORIGINAL TG-131743 Tariff No. 20 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal 1st Revised Page No. 14 Item 30 — Limitations of Service 1. Schedules. A company's schedule will meet reasonable requirements and will comply with local service level ordinances. 2. Due care. Other than to offer reasonable care, the company assumes no responsibility for articles left on or near solid waste receptacles. Liability for damage. When a customer requests that a company provide service and damage occurs to the customer's driveway due to reasons not in the control of the company, the company will assume no responsibility for the damage. 4. Refusal of service. (Except as set forth in Section 5, Missed service due to unsafe weather conditions road conditions, natural disaster or when government authority restricts access to local roads.) A solid waste collection company may refuse to: • Collect solid waste from points where it is hazardous, unsafe, or dangerous to persons, property, or equipment to operate vehicles due to the conditions of streets, alleys, or roads. • Drive into private property when, in the company's judgment, driveways or roads are improperly constructed or maintained, do not have adequate turn-arounds, or have other unsafe conditions; or • Enter private property to pick up solid waste while an animal considered or feared to be dangerous is not confined. The customer will be required to confine the animal on service days. 5. Missed service due to unsafe weather conditions, road conditions, natural disaster or when government authority restricts access to local roads. A company is not required to collect solid waste when the company determines that it is unsafe to operate due to weather conditions, road conditions, natural disaster, or when government authority restricts access to local roads. The company will collect on the next scheduled service date on which the company deems it is safe to operate, and will take other reasonable actions to resume or provide alternative service as soon as reasonably practicable. a. The company is not obligated to extend credit to customers for missed service if the company collects the customers' accumulated solid waste on the next scheduled service date on which the company deems it to be safe to operate. The company will not charge for extra waste set out (except provided in Item 207, if applicable) in addition to customers' normal receptacle(s); if the amount of extra waste does not exceed the amount that reasonably would be expected to accumulate due to missed service. b. If the company does not collect a customer's accumulated solid waste on the next scheduled service date on which the company determines it is safe to operate, the company is required to give a credit, proportionate to the customer's monthly service charge, for all missed service(s). Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: September 13, 2013 (For Official Use Only) Docket No. TG- Date: Effective date: November 1, 2013 Bfy- R OFFICIAL USE ONLY Docket: TG-131743 Agenda Date: October 30, 2013 Effective Date: November 1, 2013 RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 15 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 40 — Material Requiring Special Equipment, Precautions, or Disposal Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject to time rates named in Item 160, or to other specific rates contained in this tariff. Companies must make every effort to be aware of the commodities that require special handling at the disposal sites named in the company's tariffs. The company shall maintain a list of those commodities and make it available for public inspection at the company's office. Companies must make every effort to be aware of the commodities that are not accepted at the disposal sites named in the company's tariffs, and provide the public with access to such lists, as published and updated by disposal sites. Additionally, companies must maintain a list of any specific commodities which are considered hazardous, unsafe, or pose a danger to persons, property, or equipment. Item 45 — Material Requiring Special Testing and/or Analysis When a solid waste collection company or disposal facility determines that testing and/or analysis of solid waste is required to determine whether dangerous or prohibited substances are present, the actual cost for such testing and/or analysis will be paid by the customer. The company must provide the customer with a copy of any bill or invoice for costs incurred for testing and/or analysis and also must retain a copy in the company's file for at least three years. Those costs shall be passed through to the customer without markup. The company must maintain records of time spent to accomplish the special testing and/or analysis, and may bill the customer for that time under the provisions of Item 160 (Time Rates). Item 50 — Returned Check Charges Returned check charge. If a customer pays with a check, and the customer's bank refuses to honor that check, the customer will be assessed a returned check charge in the amount of $ 25.00. Item 52 — Re -delivery Charges A re -delivery fee of $13.75 (A) will be assessed to cart customers whose service is discontinued for non- payment or cart customers who request re -delivery or exchange of container sizes. Please see Item 100. A pickup and re -delivery fee of $ 36.10 (A) will be assessed to customers who request that their container (up to 8 yards) be washed, steam cleaned and sanitized. Please see Item 210. A pickup and re -delivery fee of $ 79.10 (A) will be assessed to customers who request that their drop box (over 8 yards) be washed, steam cleaned and sanitized. Please see Item 210. Issued by: Michael A. Weinstein, Senior Prici Issue date: August 31, 2007 Tariff Revisions; icket TG-071785 _'e1 5 MJ971785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Granting Tariff Revisions per Order 02 Effective date: Oc Docket No. TG- Date: By: RECEIVED AUG. 31, 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 16 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 55 — Over -sized or Over -weight Cans or Units The company reserves the right to reject pickup of any residential receptacle (can, unit, bag, mini -can, or micro mini -can) which, upon reasonable inspection exceeds the size and weight limits shown in Item 20. (a) If the receptacle exceeds the size and/or limits stated in Item 20, is overfilled, or the top is unable to be closed, but the company transports the materials, the following additional charges will apply: $ 4.00(A) per unit Note: For charges applying on overweight toters, carts, containers, or drop boxes see item 207. Item 60 — Overtime Periods Companies will assess additional charges when providing services, at customer request, during overtime periods. Overtime periods include Saturdays, Sundays, and the following holidays: New Year's Day Washington's Birthday_ Memorial Da Independence Day Martin Luther King Day Labor Day Veteran's Day Thanksgiving Day Christmas Day Time is to be recorded to the nearest increment of 15 minutes from the time the company's vehicle leaves the terminal until the time it returns to the terminal. No additional charge will be assessed to customers for overtime or holiday work performed solely for the company's convenience. Charge per hour $ 52.60 (A) Minimum Charge $ 26.90 (A) Issued by: Michael A. Weinstein, Senior Prici Issue date: August 31, 2007 Granting Tariff Revisions per Order 02 Effective date: 01 ,7A T T4rg 6 SLY Tariff Revisions; )cket TG-071785 (For Official Use Only) Agenda Date: Oct. 24, 200 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 17 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 70 — Return Trips When a company is required to make a return trip that does not require the special dispatch of a truck, to pick up material that was unavailable for collection for reasons under the control of the customer, the following additional charges, per pickup, will apply. Can, unit, mini -can, or micro -mini can. Cart................................................. Litter Receptacle DropBox .................................... Container........... .................. $ 11.10 (A) ................................................. $ 11.10 (N) N/A ..................................................................$21.20(A) ............................................................... $ 15.90 (A) NOTE: Return trips requiring the special dispatch of a truck are considered special pickups and are charged for under the provisions of Item 160 (Time Rates). Issued by: Michael A. Weinstein, Senior PricingNM9,fkrPPMTf tN e rfignding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Issue date: August 31, 2007 Effective date: 00"J.5MD071785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 18 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 75 — Flat Monthly Charges This rule applies in connection with Items 80, 90, 120, 130, 240, 245, 250, 255, 260, 265, 270, and 275. A flat monthly charge may be assessed if computed as follows: (a) If weekly service is provided: Multiply the rate times 4.33 and then multiply that figure times the number of units picked up. (b) If every other week service is provided: Multiply the rate times 2.17 and then multiply that figure times the number of units picked up. (c) For Items 240, 250, 260, and 270: For permanent, regularly scheduled pickups, a flat monthly charge may be assessed if computed as follows: a. For weekly service, each container provided: i. If monthly rent is shown: monthly rent plus (4.33 times pickup rate times number of pickups per week) ii. If monthly rent is not shown: 1st pickup rate plus (3.33 times additional pickup rate) plus (4.33 times additional pickup rate times additional weekly pickups). b. For every -other week service, each container provided: i. If monthly rent is shown: monthly rent plus (2.17 times pickup rate times number of pickups per week) ii. If monthly rent is not shown: 1 st pickup rate plus (1.17 times additional pickup rate) plus (2.17 times additional pickup rate times additional weekly pickups). --A, It Issued by: Michael A. Weinstein, Senior PricingmmgfbdP *mffipffiowek&fignding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Issue date: August 31, 2007 Effective date: 0 15- MV971785 (For Official Use Only) Agenda Date: Uct. 24, 2UU Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED JUL. 21, 2010 WA. UT. & TRANS. COMM. ORIGINAL TG-101248 SUB 8/23/10 Tariff No. 20 1 st Revised Page No. 19 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 80 — Carry -out Service, Drive -Ins Companies will assess the following additional charges when customers request that company personnel provide carry -out service of carts not placed at the curb, the alley, or other point where the company's vehicle can be driven to within five feet of the carts using improved access roads commonly available for public use. Driveways are not considered improved access roads commonly available for public use. Rate Charge for Carty -outs Residential Commercial Per Unit, Per Pickup Per Unit, Per Pickup Each cart (garbage, recycling and yard waste) that must be carried out over 5 feet, but not over 100 feet (C) $ 0.45 $ 0.45 Rate Charge for Drive-ins (per pickup) Residential Commercial Per Pickup Per Pickup Drive-ins on driveways of over 125 feet $ 1.60 Drive-ins on driveways of over 250 feet, but less than 1/10 mile. $ 5.00 For each addition 1/10 mile over 1/10 mile up to a maximum of one mile. $ 5.00 Note: For the purpose of assessing drive-in fees, a driveway is defined as providing access to a single residence. If a driveway provides access to multiple residences or accounts, no drive-in fees will be assessed. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: July 21, 2010 Effective date: October 1, 2010 (For Official Use Only) FOR OFFICIAL USE ONLY Docket No. TG- Date: Docket No. TG-101248 Agen 10 Effective Date: October 1, 2010 RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 20 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 90 Can Carriage Special Services Rate Residential Commercial Per Unit, Per Pickup Per Unit, Per Pickup Stairs or steps — for each step up or down $ 0.05 (A) Overhead obstructions — for each overhead obstruction less than 8 feet from the ground $ 0.20 (A) Sunken or elevated cans/units — for cans, units, mini -cans, or micro -mini cans fully or partially under ground or over 4 feet above ground, but not involving stairs or steps 0.30 (A) Issued by: Michael A. Weinstein, Senior Issue date: August 31, 2007 erngDt��dtitltt'r�'dYY�S�nding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Effective date: OqMW&I5M1971785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED JUL. 17, 2010 WA. UT. & TRANS. COMM. ORIGINAL TG-101248 SUB 8/20/10 Tariff No. 20 1 st Revised Page No. 21 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 100 — Residential Service -- Monthly Rates (continued on next page) Rates in this item apply: (1) To solid waste collection, curbside recycling (where noted) and yardwaste collection services (where noted) for residential property. This includes single family dwellings, duplexes, apartments, mobile homes, condominiums, etc., where service is billed directly to the occupant of each residential unit; and/or (2) When required by a local government service level ordinance solid waste collection, curbside recycling, and yardwaste service must be provided for single-family dwellings, duplexes, mobile homes, condominiums and apartment buildings of less than 3 residential units, where service is billed to the property owner or manager. Rates below apply in the following service area: That portion of Kitsap County included in G-237 that does not require recycling and yard waste services, pursuant to Kitsap County Ordinance No. 379-2007. Number of Units or Type of Container Frequency of Service Garbage Service Rate Recycle Service Rate Yardwaste Service Rate Mini -Can W/2R *** *** *** 1 Can M/2R *** *** *** 1 32 gal. cart M/2R *** *** *** 1 Can EOW/2R 1 32 gal. cart EOW/2R *** *** *** 1 Can W/2R *** *** *** 1 32 gal. cart W/2R *** *** *** 2 Cans W/2R *** *** *** 3 Cans W/2R *** *** *** 4 Cans W/2R *** *** *** 5 Cans W/2R *** *** *** 1 64 gal. cart W/2R 1 96 gal. Cart W/2R *** *** *** Frequency of Service Codes: W=Weekly Garbage; EOW=Every Other Week Garbage; M=Monthly Garbage; WR=Weekly Recycling; EOW/2R=Every Other Week Recycling and every other week recycle/yard waste service; M/2R=Monthly garbage and every other week recycle/yard waste service; W/2R=Weekly garbage and every other week recycle/yard waste service Notes for this item are on page *** Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: July 21, 2010 Effective date: October 1 20106„LY (For Official Use Only) Docket No. TG-101248 Agendq Date: September 30, 2010 Docket No. TG- Date: off �J .» Datn. n,.�� 2010 G`ll r cLuc�—vc RECEIVED OCT 20, 2014 WA. UT. & TRANS. COMM. ORIGINAL TG-143718 SUB 11/19/14 Tariff No. 20 13th Revised Page No. 22 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brern-Air Disposal Item 100 - Residential Service -- Monthly Rates (continued on next page) Rates in this item apply: (1) To solid waste collection, curbside recycling (where noted) and yardwaste collection services (where noted) for residential property. This includes single family dwellings, duplexes, apartments, mobile homes, condominiums, etc., where service is billed directly to the occupant of each residential unit; and/or (2) When required by a local government service level ordinance solid waste collection, curbside recycling, and yardwaste service must be provided for single-family dwellings, duplexes, mobile homes, condominiums and apartment buildings of less than 3 residential units, where service is billed to the property owner or manager. Rates below apply in the following service area: That portion of Kitsap County included in G-237 that requires recycling and yard waste services, pursuant to Kitsap County Ordinance No. 453-2010. Number of Units or Type of Container Frequency of Service Garbage Service Rate Recycle Service Rate Yardwaste Service Rate Mini -Can W/2R $9.46 A $7.10 $8.45 1 Can M/2R $5.74 A $7.10 $8.45 1 32 gal. cart M/2R $7.04 A $7.10 $8.45 1 Can EOW/2R $8.52 (A) $7.10 $8.45 1 32 gal. cart EOW/2R $9.79 A $7.10 $8.45 1 Can W/2R $12.25 (A) $7.10 $8.45 1 32 gal. cart W/2R $13.67 (A) $7.10 $8.45 2 Cans W/2R $17.30 (A) $7.10 $8.45 3 Cans W/2R $22.34 (A) $7.10 $8.45 4 Cans W/2R $27.39 A $7.10 $8.45 5 Cans W/2R $32.43 A $7.10 $8.45 1164 gal. cart W/2R $17.19 A $7.10 $8.45 1 96 gal. Cart W/2R $22.17 A $7.10 $8.45 Frequency of Service Codes: W=Weekly Garbage; EOW=Every Other Week Garbage; M=Monthly Garbage; WR=Weekly Recycling; EOW/2R=Every Other Week Recycling and every other week recycle/yard waste service; M/2R=Monthly garbage and every other week recycle/yard waste service; W/2R=Weekly garbage and every other week recycle/yard waste service Description/rules related to the recycling program are shown on page 24. Description/rules related to the yardwaste program are shown on page 24. Recycling rates shown above are subject to a recycling <credit>/debit of <$2.24> per month. Notes for this item are on page 23. Recycling service rates on this page expire: October 31, 2015 Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: October 20, 2014 EffecMg4ft. dpygrty Ja40N1'Y (For Official Use Only) Docket: TG-143718 Agenda Date: December 11, 2014 Docket No. TG- Date: Efftytive Date: January 1, 2015 RECEIVED OCT 20, 2014 WA. UT. & TRANS. COMM. ORIGINAL TG-143718 SUB 11/19/14 Tariff No. 20 5th Revised Page No. 23 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 100 — Residential Service — Monthly Rates (continued from previous page) Note 1: Customers will be charged for service requested even if fewer units are picked up on a particular trip. No credit will be given for partially filled cans. No credit will be given if customer fails to set receptacles out for collection. Note 2: For service more frequently than weekly, multiply the above rates by the number of times per week service is required. Note 3: A re -delivery fee of $13.75 will be assessed to cart customers whose service is discontinued for non- payment or cart customers who request re -delivery. Note 4: For those customers who do not receive garbage services add $1.25 to the rates above for both recycling and yard waste services. Note 5: One pickup per month at $5.74 (A) per can or unit will be charged on regular scheduled garbage pickup only for residential customers on an "on call" basis. Use special pickup rates in Item 110 for residential can service not otherwise covered in this item. Note 6: The charge for an occasional extra residential bag, can, unit, cart, mini -can, or micro -mini can on a regular pickup is: Type of Service Type of receptacle Rate per receptacle, per pickup Garbage Collection Per can, bag or unit $ 3.29 (A) Yard Waste Collection Per can, bag or unit $ 2.90 Note 7: Customers requesting additional 96-gallon carts for regular extra yard waste service will be assessed $5.60 per month for each additional cart provided. Note 8: Customers requesting additional 35 or 64-gallon carts for curbside recycling will be assessed $1.40 per month for each additional cart provided. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: October 20, 2014 Effect�v 4411L 4gp, a!k 1,�,Q1,��,LY (For Official Use Only) Docket: TG-143718 Agenda Date: December 11, 2014 Docket No. TG- Date: Efj6v ve Date: Januar,L, 2015 RECEIVED MAR. 19, 2014 WA. UT. & TRANS COMM. ORIGINAL TG-140451 Tariff No. 20 2nd Revised Page No. 24 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 100 — Residential Service — Monthly Rates (continued) Curbside recycling provisions shown on this page apply only in the following service area: Program provided in accordance with Ordinance No. 453-2010 of Kitsap County Following is a description of the recycling program (type of containers, frequency, etc.): The curbside collection of recyclable materials is provided on an every other week basis to all customers in the above service area. Each customer is provided with a 64 gallon cart, or upon request, a 35-gallon cart for the commingling of recyclable materials and directions and schedules specific to the recycling collection program. Special rules related to recycling programs: Pick-up will be refused if bin contains trash, yard debris, or other non -acceptable contaminants. Customers may obtain a current listing of acceptable recyclables and non -acceptable items upon request. Curbside Yard Waste provisions shown on this page apply only in the following service area: Program provided in accordance with Ordinance No. 453-2010 of Kitsap County as reflected in green on the Single Family Residences within the Yard Waste Collection Areas map, and as expanded to also include those areas reflected in purple. (See Appendix B) (C) Following is a description of the Yard Waste program (type of containers, frequency, etc.): Yard waste service is a sign-up program that is provided on an every other week basis year round. Customers who sign up for this program will be provided with a 96-gallon cart. Special rules related to Yard Waste program: Yard waste cannot be in plastic bags. Pick-up will be refused if container contains any trash or other contaminants. Customers may obtain a current listing of acceptable yard debris upon request. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: March 19, 2014 A�R OF IC �r L y Y ,_ �Oj .NSY (For Official Use Only) Agenda Date: April 24, 2014 Effective Date: May 1, 2014 Docket No. TG- Date: By: RECEIVED SEPT. 15, 2014 WA. UT. & TRANS COMM. ORIGINAL TG-143331 Tariff No. 20 9th Revised Page No. 25 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 105 — Multi -family Rates (company -owned garbage container) — per month Service Area: That portion of Kitsap County included in G-237 that requires multi -family recycling services, pursuant to Kitsap County Ordinance No. 453-2010. Service Type 64 gallon Recycling Cart Number of Receptacles Various Frequency of Service EOW Pickup Charge per multi -family unit $4.40 Frequency of Service Codes: W=weekly; EOW — Every other week; M = Monthly; Other Description/rules related to the recycling program is shown on page 26. Recycling rates shown above are subject to a recycling <credit>/debit of <$0.41> (R) per month. Recycling service rates on this page expire: October 31, 2015 (C) Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: September 15, 2014 Effective date: November 1, 2014 (For Official Use Only) Docket No. TG- Date: By: FOR OFFICIAL USE ONLY Docket: TG-143331 Agenda Date: October 30, 2014 ,tive ate: November 1, 2014 RECEIVED AUG. 31, 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 26 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 105 Multi -family service (continued) Curbside recycling provisions apply only in the following service area: Program provided in accordance with Ordinance No. 379-2007 (territory described in Exhibit A) of Kitsap County. (C) Following is a description of the recycling program (type of containers, frequency, etc.): The collection of recyclable materials is provided on an every other week basis to all multi -family customers in the service area. Multi -family recycling service fees and related commodity <credits>/debits will be assessed to each complex based on the number of units in each complex. Each multi -family complex is provided with strategically placed 64 gallon recycling carts for the commingling of recyclable materials. The complexes will receive directions and schedules specific to the recycling collection program. (C) Special rules related to recycling program: Pick-up will be refused if recycling containers contains trash, yard debris, or other non -acceptable contaminants. Customers may obtain a current listing of acceptable recyclables and non -acceptable items upon request. L'/1D /1L'DT/'`TAT TT('L' /171TL�1 Issued by: Michael A. Weinstein, Senior Pricing gkdP *1S�r�t(W ek&r #nding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Issue date: August 31, 2007 Effective date: OTM *5Mf971785 (For Official Use Only) Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED OCT 20, 2014 WA. UT. & TRANS. COMM. ORIGINAL TG-143718 SUB 11/20/14 Tariff No. 20 2nd Revised Page No. 27 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 120 — Drums Type of Service Rate Per Drum, Per Pickup Regular Route Service $ Special Pickup $ Item 130 — Litter Receptacles and Litter Toters Company -owned Receptacle Rate Per Receptacle, Per Pickup Monthly Rent Minimum Per Month Size or Type: 32 gal. cart $ 3.20 (A) $ 1.00 $ 15.20 A) Size or Type: 64 gal. cart $ 4.04 A) $ 1.25 $ 19.06 A Size or Type: 96 gal. cart $ 5.19 (A) $ 1.50 $ 24.27 A) Item 150 — Loose and Bulky Material Special trips: Time rates in Item 160 apply. Regular Route: Additional cubic Carry Charge 1 to 4 cubic yards yards Minimum Charge Per each 5 feet over Rate per Yard Rate per Yard Per Pickup 8 feet Bulky materials $ 11.85 (A) $ 11.85 (A) $ 15.55 (A) $ 6.00 Loose material (customer load) $ N/A $ N/A $ N/A $ N/A Loose material (Company load) $ 15.5E A) $ 15.5E A) $ 15.5E A $ 15.5E A Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: October 20, 2014 Effective date: January 1, 2015 (For Official Use Only) FOR OFFICIAL USE ONLY Docket: TG-143718 Docket No. TG- Date: AQenft: Date: December I /, 2014 Effective Date: January 1, 2015 RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 28 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 160 — Time Rates When time rates apply. Time rates named in this Item apply: (a) When material must be taken to a special site for disposal; (b) When a company's equipment must wait at, or return to, a customer's site to provide scheduled service due to no disability, fault, or negligence on the part of the company. Actual waiting time or time taken in returning to the site will be charged for; or (c) When a customer orders a single, special, or emergency pickup, or when other items in this tariff refer to this Item. How rates are recorded and charged. Time must be recorded and charged for to the nearest increment of 15 minutes. Time rates apply for the period from the time the company's vehicle leaves the company's terminal until it returns to the terminal, excluding interruptions. An interruption is a situation causing stoppage of service that is in the control of the company and not in the control of the customer. Examples include: coffee breaks, lunch breaks, breakdown of equipment, and similar occurrences. Disposal fees in addition to time rates.. Item 230 disposal fees for the specific disposal site or facility used will apply in addition to time rates. Rates per hour: Rate Per Hour Each Extra Minimum Type of equipment ordered Truck and driver Person Charge Single rear drive axle: Non -packer truck ................................................. $ 89.80 (A) $ 34.70 (A) $ 89.80 (A) Packer truck......................................................... $ 89.80 (R) $ 34.70 (A) $ 89.80 (R) Drop -box truck ..................................................... $ 89.80 R) $ 34.70 A $ 89.80 R Tandem rear drive axle: Non -packer truck ................................................. $ $ $ Packer truck......................................................... $ 89.80 (A) $ 34.70 (A) $ 89.80 (A) Drop -box truck ..................................................... 1 $ 89.80 (A) $ 34.70 A $ 89.80 A) LL Issued by: Michael A. Weinstein, Senior Pricin9N gfktip6 ii M%MRt(Ni aOi'iisrpgnding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Issue date: August 31, 2007 Effective date: 00&1e}5M.Q971785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 29 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 200 -- Containers and/or Drop Boxes — General Rules Availability. A company must maintain a supply of all sizes of containers and drop boxes for which rates are listed in this tariff. If a customer requests a container or drop box of a size listed in the company's tariff, and the company is unable to provide the requested size within 7 days of the customer request, the customer must be notified in writing or by telephone. Alternate -sized containers and/or drop boxes. If the company cannot provide the requested -sized container or drop box (and that size is listed in the company's tariff), the company must provide alternate -sized containers or drop boxes, sufficient to meet the capacity originally requested by the customer, at the same rates as would have applied for the requested container or drop box. Disposal fees due on alternate -sized drop boxes. If the company provides alternate -sized drop boxes, the customer is responsible for all lawfully applicable disposal fees resulting from the use of the alternate drop boxes. Rates on partially -filled containers and/or drop boxes. Full pickup and rental rates apply regardless of the amount of waste material in the container or drop box at pickup time. Rates for compacted materials. Rates for compacted material apply only when the material has been compacted before its pickup by the company. Rates for loose material. Loose material dumped into the company's packer truck is subject to the rates for non -compacted material even though the material may be compacted later in the packer truck. Permanent and temporary service. The following rules apply: (a) If a customer requests a container or drop box for less than 90 days, the customer will be billed at temporary service rates. (b) If a temporary service customer notifies the company that it has decided to retain the container or drop box for more than 90 days, permanent service rates will be assessed from the 91st day until the end of the period the customer retains the container or drop box. (c) If a customer requests a container or drop box for more than 90 days, the customer will be billed under permanent rates. If that customer cancels service before the end of the 90-day period, the company may not rebill the customer at temporary service rates. The intent of the customer at the time service was requested applies. Issued by: Michael A. Weinstein, Senior Issue date: August 31, 2007 gg-krlrC 'iptliffiYWOWd Sfff finding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Effective date: OqM�*5MJV71785 (For Official Use Only) Agenda Date: Oct. 24, 206 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 31, 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 30 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 205 — Roll -Out Charges — Containers, automated carts, and toters Charges for containers. The company will assess roll -out charges where, due to circumstances outside the control of the driver, the driver is required to move a container more than five feet, but less than 25 feet, in order to reach the truck. The charge for this roll -out service is: $ 8.50 (A) per container, per pickup $ 2.50 (A) per automated cart or toter, per pickup Item 207 — Excess WeightRejection of Load, Charges to Transport The company reserves the right to reject pickup of any container, stationary packer, or drop box which, upon reasonable inspection: (a) Appears to be overloaded; (b) Would cause applicable vehicle load limitations to be exceeded; (c) Would cause the company to violate load limitations or safe vehicle operation; and/or (d) Would negatively impact or otherwise damage road surface integrity. For the purposes of this tariff, the following maximum weights apply: Type/Size of Container, Drop Box, Toter, or Cart Maximum Weight Allowance inpounds) Drop Boxes — All Sizes 26,000 lbs. Type/Size of Container, Drop Box, Toter, or Cart Maximum Weight Allowance (inpounds) Overfilled or overweight, charges if transported. If the container, drop box, toter, or cart exceeds the limits stated above, is filled beyond the marked fill line, or the top is unable to be closed, but the company transports the materials, the following additional charges will apply: Type/Size of Charge Container, Drop Box, Toter, or Cart $ per $ per Type/Size of Charge Container, Drop Box, Toter, or Cart $ er $ per V-nn QPV4� r rm9 6WLY Issued by: Michael A. Weinstein, Senior PricingA4gfk P"�M%#MtN ekiW pp7 ing Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Issue date: August 31, 2007 Effective date: O*1.5MAU71785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 31, 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 31 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 210 Washing and Sanitizing Containers and/or Drop Boxes Upon Customer request, the company will provide washing, steam cleaning and sanitizing service at the following rates: Size or Type of Container or Drop Box Rate Minimum Charge Washing - All Sizes $ 3.40 (A) per yard $ 13.40 (A) Steam Cleaning - All Sizes $ 5.00 (A) per yard $ 16.70 (A) Sanitizing - All Sizes $ 1.30 (A) per yard Item 220 Compactor Rental Customers must pay the following additional charges for compactors furnished by the company. Charges named are for compactors only and do not include drop box or container charges. See items 250 and 270 for container charges. Customers must pay the costs of installation. Rated cubic yard Capacity of charge box Monthly rental charge: 1 cubic yard $ 2 cubic yards $ 3 cubic yards $ 4 cubic yards $ Issued by: Michael A. Weinstein, Senior Issue date: August 31, 2007 ,cmglyffiWgybdr l�t�MYMr fr AdWSWfignding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Effective date: 00&qk5MfU71785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED OCT 20, 2014 WA. UT. & TRANS COMM. ORIGINAL TG-143718 Tariff No. 20 2nd Revised Page No. 32 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 230 — Disposal Fees Charges in this item apply when other items in the tariff specifically refer to this item. Disposal site (name or location) Type of Material Fees for disposal Olympic View Transfer Station MSW $68.00 (A) per ton State whether fees are per yard, per ton, etc. Include charges assessed for special commodities (tires, appliances, asbestos, etc.) or special conditions at each specific disposal site. Attach additional sheets as necessary. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: October 20, 2014 Effective date: January 1, 2015 (For Official Use Only) FOR OFFICIAL USE ONLY Docket No. TG- Date: By: Docket: TG-143718 Benda ate: December 11, 014 Effective Date: January 1, 2015 RECEIVED OCT 20, 2014 WA. UT. & TRANS. COMM. ORIGINAL TG-143718 SUB 11/19/14 Tariff No. 20 2nd Revised Page No. 33 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 240 - Container Service - Dumped in Company's Vehicle Non -Compacted Material (Company -owned container) Rates stated per container, per pickup Service Area: As described in Appendix A. Size or Type of Container Service Type I Yard 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Monthly Rent, if applicable $6.50 $7.00 $7.50 $8.40 $9.50 $16.20 $18.90 Pickup Charge $9.81(A) $14.70(A) $18.36(A) $25.69(A) $32.70(A) $44.11(A) $54.39 (A) Special Pickup Charge $19.81(A) $24.70(A) $28.36(A) $35.69(A) $42.70(A) $54.11(A) $64.39 (A) Temporary Service $50.80 $50.80 $50.80 $50.80 $50.80 $50.80 $50.80 Initial Delivery Charge Pickup Charge $22.81(A) $27.70(A) $31.36(A) $38.69(A) $45.70(A) $57.11(A) $67.39 (A) Rent Per Day $0.80 $0.90 $0.90 $0.90 $1.00 $1.20 $1.60 Note 1: Permanent Service: Service is defined as no less than scheduled, every other week pickup, unless local government requires more frequent service or unless putrescibles are involved. Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled containers. Note 2: Permanent Service: If rent is shown, the rate for the first pickup and each additional pickup must be the same. If rent is not shown, it is to be included in the rate for the first pickup. Accessorial charges assessed (lids, tarping, unlocking, unlatching, etc.): Note 3: A gate or obstruction charge of $5.55 will be assessed for opening, unlocking or closing gates, or moving obstructions in order to pick up solid waste. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: October- 20, 2014 Effective date: January 1, 2015 (For Official Use Only) FOR OFFICIAL USE ONLY Docket: TG-143718 Docket No. TG- Date: A ¢enh: Daw • December 11, 2014 Effective Date: January 1, 2015 RECEIVED OCT 20, 2014 WA. UT. & TRANS. COMM. ORIGINAL TG-143718 SUB 11/20/14 Tariff No. 20 2nd Revised Page No. 34 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 245 — Container Service — Dumped in Company's Vehicle Non -Compacted Material (Customer -owned container) Includes Commercial Can Service Rates stated per container, per pickup unless otherwise noted Service Area: As described in Appendix A. Permanent Service 32-gallon can or unit Each Scheduled Pickup $ 2.48 A Minimum Charge per month $ 12.40 A Special Service Pickup Rate $ 11.40 Note 1: Permanent Service: Service is defined as no less than scheduled, every other week pickup, unless local government requires more frequent service or unless putrescibles are involved. Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled containers. Accessorial charges assessed (lids, tarping, unlocking, unlatching, etc.): Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: October 20, 2014 Effective date: January 1, 2015 (For Official Use Only) FOR OFFICIAL USE ONLY Docket: TG-143718 Docket No. TG- Date: Agenidy: Date: December 11, 2014 Effective Date: January 1, 2015 RECEIVED OCT 20, 2014 WA. UT. & TRANS. COMM. ORIGINAL TG-143718 SUB 11/19/14 Tariff No. 20 2nd Revised Page No. 35 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 255 — Container Service — Dumped in Company's Vehicle Compacted Material (Customer -owned container) Rates stated per container, per pick up Service Area: As described in Appendix A. Permanent Service Size or Type of Container 2 Yard 3 Yard 4 Yard 6 Yard Each Scheduled Pickup $ 54.18 (A) $ 69.58 (A) $ 76.98 (A) $ 96.52 (A) Special Pickups $ 80.88 (A) $ 102.18 (A) $ 110.58 (A) $ 138.32 (A) Temporary Service Pickup Rate $ $ $ $ Note 1: Permanent Service: Service is defined as no less than scheduled, every other week pickup, unless local government requires more frequent service or unless putrescibles are involved. Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially filled containers. Accessorial charges assessed (lids, tarping, unlocking, unlatching, etc.): Note 2: A gate or obstruction charge of $5.55 per pick up will be assessed for opening, unlocking or closing gates, or moving obstructions in order to pick up solid waste. Note 3: A fee of $47.10 per pick up will be assessed when containers with attached compactors require disconnecting or reconnecting. Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area Issue date: October 20, 2014 Effective date: January 1, 2015 (For Official Use Only) FOR OFFICIAL USE ONLY Docket: TG-143718 Docket No. TG- Date: Ager4y.Date: December 11, 2014 Effective Da e: January 01 S RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 SUB 10/08/07 Tariff No. 20 Original Page No. 36 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 260 — Drop Box Service — To Disposal Site and Return Non -Compacted Material (Company -owned drop box) Rates stated per drop box, per pick up Service Area: As described in Appendix A. Permanent Service Size or Type of Container 10 Yard 20 Yard 30 Yard 40 Yard Monthly Rent, if applicable $ 57.20 $ 62.10 R $ 71.20 A $ 82.00 A First Pickup $ 124.20 $ 124.20 A) $ 124.20 A $ 124.20 (A Each Additional Pickup $ 124.20 $ 124.20 A $ 124.20 A $ 124.20 A Special Pickups Temporary Service Initial Delivery $ 83.15 $ 83.15 A $ 83.15 A $ 83.15 A Pickup Rate $ 134.20 $ 134.20 A $ 134.20 A $ 134.20 A Rent Per Calendar Da $ 2.00 $ 2.20 A) $ 2.50 (A) $ 2.80 (A Rent Per Month 1 $ $ $ Note 1: Rates in this item are subject to disposal fees named in Item 230. Note 2: Rates named in this item apply for all hauls not exceeding 5 miles measured from the point of pickup to the disposal site. Excess miles shall be charged for at $ 3.35 (A) per mile or fraction of a mile. Mileage charge is in addition to all regular charges. Note 3: Permanent Service: (a) Minimum service is defined as no less than scheduled, once a month pickup, unless local government requires more frequent service or unless putrescibles are involved. (b) If rent is shown, the rate for the first pickup and each additional pickup must be the same. If rent is not shown, it is to be included in the rate for the first pickup. Accessorial charges assessed (lids, tarping, unlocking, unlatching, etc.): Note 4: A gate or obstruction charge of $5.55 (A) will be assessed for opening, unlocking or closing gates, or moving obstructions in order to pick up solid waste. Issued by: Michael A. Weinstein, Senior Pricingbh�Ngf�riP rPMfftRW eNu4i�gnding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Issue date: August 31, 2007 Effective date: O0"}5M1bT71785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 SUB 10/08/07 Tariff No. 20 Ordinal Page No. 37 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 275 — Drop Box Service — To Disposal Site and Return Compacted Material (Customer -owned drop box) Rates stated per drop box, per pick up Service Area: As described in Appendix A. Permanent Service Size or Type of Container 10 Yard 15 Yard 20 Yard 25 Yard 30 Yard 40 Yard Each Scheduled Pick-up $139.20(A) $139.20(A) $139.20(A) $139.20(A) $139.20(A $139.20(A) Special Pickups $139.20(A) $139.20(A) $139.20(A) $139.20(A) $139.20 A) $139.20(A) Temporary Service Pickup Rate 1 $ $ $ $ $ $ Note l: Rates in this item are subject to disposal fees named in Item 230. Note 2: Rates named in this item apply for all hauls not exceeding 5 miles measured from the point of pickup to the disposal site. Excess miles shall be charged for at $ 3.35 (A) per mile or fraction of a mile. Mileage charge is in addition to all regular charges. Note 3: Permanent Service is defined as no less than scheduled, once a month pickup, unless local government requires more frequent service or unless putrescibles are involved. Accessorial charges assessed (lids, tarping, unlocking, unlatching, etc.): Note 4: A gate or obstruction charge of $5.55 (A) will be assessed for opening, unlocking or closing gates, or moving obstructions in order to pick up solid waste. Note 5: A fee of $47.10 (A) per pickup will be assessed when containers with attached compactors require disconnecting or reconnecting. FOR OF-F4 n T 919�LY Issued by: Michael A. Weinstein, Senior PricingIWgYkdPe*MM )iPMkOaOig srfignding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-07178E Issue date: August 31, 2007 Effective date: OqM •e 5MQW1785 (For Official Use Only) Agenda Date: Oct. 24, 2007 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED AUG. 31, 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785 Tariff No. 20 Original Page No. 38 Company Name/Permit Number: Waste Management of Washington, Inc./G-237 Registered Trade Name: Brem-Air Disposal Item 300 — List of Abbreviations and Symbols Used in This Tariff (A) Denotes increases. (R) Denotes decreases. (C) Denotes changes in wording, resulting in neither increases or decreases. (N) Denotes new rates, services, or rules * * * Denotes that material previously shown has been deleted. Yd. or yd. are abbreviations for yard Cu. or cu. are abbreviations for cubic. Issued by: Michael A. Weinstein, Senior Issue date: August 31, 2007 fflfi*YftTN ft % M1M Sfff 9nding Tariff Revisions; Granting Tariff Revisions per Order 02 Docket TG-071785 Effective date: Oak 5 MDV 17R 5 (For Official Use Only) Agenda Date: Oct. 24, 206 Effective Date: Nov. 1, 2007 (Permanent) Docket No. TG- Date: By: RECEIVED MAR. 19, 2014 WA. UT. & TRANS. COMM. ORIGINAL TG-140451 ONLY 140451 �, 2014 ', 2014