009-15 - Ordinance - Franchise Agreement with Waste ManagementIntroduced by:
Drafted by:
Introduced:
Public Hearing:
Adopted:
ORDINANCE NO. 009-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PORT ORCHARD, WASHINGTON, APPROVING A
FRANCHISE AGREEMENT FOR SOLID WASTE
SERVICES WITH WASTE MANAGEMENT OF
WASHINGTON, INC.
City Attorney
City Clerk
June 9, 2015
May 26, 2015
June 23, 2015
WHEREAS, the collection, removal, and disposal of solid waste is an important and
necessary service to maintain public health, safety, and sanitation within the City of Port
Orchard; and
WHEREAS, the City and Waste Management of Washington, Inc. have negotiated the
terms of a 5-year franchise agreement; with the option of two extensions, first extension for
three years and the second extension for two years to collect garbage, recyclable material and
yard debris; and
WHEREAS, the rates for said services shall be as set forth in Washington Utilities and
Transportation Commission Tariff No. 20, a copy of which is attached as an Exhibit to the
contract; and
WHEREAS, the City Council has determined that said contract is in the best interests
of the City and its citizens; and
WHEREAS, the City has complied with RCW 35•23.251, and the franchise was not
passed by the City Council on the day of its introduction, nor for five days thereafter, this
franchise agreement was presented during a regular City Council meeting and was also
presented to the City Attorney, who provided her comments on the agreement; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The Mayor is authorized to sign the "Contract for Solid
Waste Services" between the City of Port Orchard and Waste
Management of Washington, Inc., a copy of which is attached as
Exhibit A.
PASSED by vote of at least five members of the City Council of the City of Port Orchard,
SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of
June 2015.
Ordinance No. 009-15
Page 2 of 69
' � d
Timothy C. Ma es, Mayor
ATTEST:
B Rinearso , CMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
T
Carol orri , City Attorney °pF . • • • •�;S'C,S;�ob Putaansuu, Councilmember
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held June 23, 2015.
ORDINANCE NO. 009-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING A FRANCHISE AGREEMENT FOR SOLID WASTE
SERVICES WITH WASTE MANAGEMENT OF WASHINGTON, INC.
Copies of Ordinance No. 009-15 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 009-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: July 3, 2015
CONTRACT 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 seq.; 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:
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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
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 harmless, indemnify and defend provided for herein, as
they relate to claims against the City, their officers, agents and employees, the Contractor agrees to waive
the Contractor's immunity under industrial insurance, Title 51 RCW, for any injury, sickness or death
suffered by the Contractor's employees which is caused by or arises out of the Contractor's exercise of
rights of privileges granted by this agreement. This waiver is mutually agreed to by the parties.
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.
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Aet on or. Omission
Li uidated Dama''e , ..
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
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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 1 , 2015:
City of Port Orchard
i
Atte
I:
Approved as to form:
City Attorney
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 their. legal. or 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 ashington, Inc:
Its:
Page 26 of 281;
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 Ix/per week
PUBLIC WORKS
64 GAL CART Recycle
1 KENDAL AND
1-6 YD Garbage 2x/per week
CLINE
ACTIVITY CENTER
216 PROSPECT ST
1-3 YD Garbage lx/per week
POLICE DEPT
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 lx/per week
1-4 YD Recycle lx/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 lx/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 _wm.com
fficial UTC requests for information
garding consumer questions and/or
)mplaints should be referred to the
llowing company representative:
ame: Michael Weinstein
Senior Pricing Manager
(425) 814-7840
il: mweinstein a,wm.com
(425)814-7866
Issued by: Michael A. Weinstein, Senior Pricing Manager, Pacific Northwest Market Area
Issue date: March 19, 2014 Effectiv4 date ,May 1� 2014*�T V
(For Official Use Only) Docket: TG-140451
Agenda Date: April 24, 2014
Docket No. TG- Date: Pffertive Date- May 11 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.
Page Number
Current
Revision
Page Number
Current
Revision
Page Number
Current
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
1st
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) MR LY
Docket: TG-143718
Age a Date: December 11, 2014
Docket No. TG- Date: �,f,N bive 015
RECEIVED AUG. 319 2007 WA. UT. & TRANS. COMM. ORIGINAL TG-071785
Tariff No. 20
Original Page No.
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
Issue date: August 31, 2007
Granting Tariff Revisions per Order
Effective date:
)F-F4C n T W&9 PXLY
iding Tariff Revisions;
02 Docket 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. 4
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Index by topic
Item No.
Abbreviationsused in tariff..................................................................................................................300
Advancebilling.......................................................................................................................................18
Animals............................................................................................................................I............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
Looseand/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
VIn n n V6 V49 n r W&E ONLY
Issued by: Michael A. Weinstein, Senior PricingmWok p��Nf 0t(NeN&rf9nding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Issue date: August 31, 2007 Effective date: Oe5MAV71785
(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. 5
Company Name/Permit Number: Waste Management of Washington, Inc./G-237
Registered Trade Name: Brem-Air Disposal
Index by topic, continued
Missed pickups, weather or road conditions..................................................................
Multi -family rates..........................................................................................................
NSFchecks................................................................................................................
Overheadobstructions...................................................................................................
Over -sized Units............................................................................................................
Overtime................................................................................................................
Over -weight units..........................................................................................................
Refund of overcharges...................................................................................................
Refundof prepayments..................................................................................................
Refunds...............................................................................................................
Refusalto make pickup.................................................................................................
Residentialrecycling.....................................................................................................
Residentialservice........................................................................................................
Residentialyardwaste...................................................................................................
Re -delivery charges......................................................................................................
Returnedcheck charges................................................................................................
Returntrips...............................................................................................................
Roll -out charges............................................................................................................
Stairsor steps...............................................................................................................
Sunken or elevated cans/units.......................................................................................
Symbolsused in tariff...................................................................................................
Taxes...............................................................................................................
Timerates...............................................................................................................
T___ AT_
..........................)U
.......................105
.........................50
.........................90
.........................55
.........................60
.........................55
.........................17
.........................17
.........................17
.........................30
........................100
........................100
........................100
..........................52
..........................50
..........................70
........................205
..........................90
..........................90
........................300
............................5
........................160
OR OFF- i9'& rW PXLY
Issued by: Michael A. Weinstein, Senior PricingM gfkaPC*MflMtN u'Yfignding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Issue date: August 31, 2007 Effective date: Oe5MVbT71785
(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 Ord 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
Issue date: August 31, 2007
(For Official Use Only)
cnn nV6V, GG e i rms nr�I V
Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-07178E
Effective date: OTMW&I5MDW1785
Igenda Date: Oct. 24, 2007
Nov. 1, 2007 (Permanent)
Effective Date:
Docket No. TG- Date: By:
RECEIVED AUG. 319 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
culgU'i��rgt2ti'��'(5@nding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Effective date: O e 5TV1V71785
(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. 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: O(
Tariff Revisions;
)cket TG-071785
Mel 5 MP71785
(For Official Use Only) Agenda Date: Oct. 24, 206
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. 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
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
I 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 $1.00.
Item 20 — Definitions
NOTE: The definitions shown on the first three pages of this item are standard, inmost cases prescribed by rule. Companies may
not amend these definitions. Companies wishing to add definitions specific to their company's operations must include those
definitions on a separate page, entitled, "Company -specific definitions. " A blank sheet is provided for that purpose.
Issued by: Michael A. Weinstein, Senior
Issue date: August 31, 2007
11
cinggWgykave N$M iP&R'Ml Sfffignding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Effective date: OgMWk 5M4971785
(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. 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
inn n��i�i� r rm� n��LY
r
Issued by: Michael A. Weinstein, Senior Pricing g��dP��j � cw� ending Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Issue date: August 31, 2007 Effective date: 0 "}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. I I
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.
Issued by: Michael A. Weinstein, Senior
Issue date: August 31, 2007
Item 20 — Definitions, continued
9Ykrr"MTblWWFSfiSrfi9nding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Effective date: OMW05MI071785
(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. 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
1W
Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Effective date: O*J.5MJV71785
(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
cmgffgf�rlv�M%Y RI& eS6Yflgnding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Effective date: 0 15 MV971785
(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.
Due care. Other than to offer reasonable care, the company assumes no responsibility for articles left on or near
solid waste receptacles.
3. 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.
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 Effective date: November 1, 2013
(For Official Use Only)
Docket No. TG- Date:
FOR 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.
r_nn nF_FiGh r rmF PNIY
Issued by: Michael A. Weinstein, Senior Pricingm gf�ape jN%#wot f e iwr gn—ding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Issue date: August 31, 2007 Effective date: OTMW&J5MV071785
(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. 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 DU
Independence Day
Martin Luther King Day
Labor Day
Veteran's
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)
V6nn nV6F6 i r rirF nr�LY
Issued by: Michael A. Weinstein, Senior Pricinggfk�' �hiffi Mt(M e8Arfi9nding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Issue date: August 31, 2007 Effective date: O0 J.-5MVbT71785
(For Official Use Only)
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
Drop Box .............
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).
V-n n IQ FZV4 ,+ r b;9 0XLY
Issued by: Michael A. Weinstein, Senior PricingN ggk j � MghWt(NekiW�gnding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Issue date: August 31, 2007 Effective date: Oq'e5Mf671785
(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: 1 st 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).
env n�t�ir+�n � rm� nr�LY
Issued by: Michael A. Weinstein, Senior Pricinga�dP�jffi�t�e�rgnding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Issue date: August 31, 2007 Effective date: OqMW&j5M1#71785
(For Official Use Only) Agenda Date: Oct. 24, 2007
Effective Date: Nov. 1, 2007 (Permanent)
Docket No. TG- Date: By:
RECEIVED JUL. 219 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: Breen -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 Carry -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: A genkbDocket No. TG-101248
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)
inn n��inTe � rm� nri1,Y
Issued by: Michael A. Weinstein, Senior Pricing ok � �t(i e &fignding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Issue date: August 31, 2007 Effective date: O 'e - MU71785
(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 pate)
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 2wl 0ALY
(For Official Use Only) Docket No. TG-101248
Docket No. TG- Date: Agenff c4 Date: September 30, 2010
Fi•.Gc*� '�. '0l0
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: 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
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 Effect tgi t � yr rty Jj0Q1An[Ly
(For Official Use Only) Docket: TG-143718
Agenda Date: December 11, 2014
Docket No. TG- Date: Egytive 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�vgJ, JPUA,LY
(For Official Use Only) Docket: TG-143718
Agenda Date: December 11, 2014
Docket No. TG- Date: Efj3tytire Date • January 1, 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 >✓ff� OF,FIC L ���lSY
(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
CompanyName/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.
Set vice 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
,enda Date: October 30, 2014
�tive ate: November 14
RECEIVED AUG. 319 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.
V6nn nFVZFG e r mW rn�iLY
g
Issued by: Michael A. Weinstein, Senior Pricinggrfe*Mf�lMt� ek&rf9nding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Issue date: August 31, 2007 Effective date: OTMWk 57VQY71785
(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)
$ 15.55 (A)
$ 15.55 A)
$ 15.55 (A)
$ 15.55 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: Agen : Date• December 11, 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 .....................................................
$ 89.80 (A)
$ 34.70 (A)
$ 89.80 (A)
Issued by: Michael A. Weinstein, Senior
Issue date: August 31, 2007
LY
t��rz�ptlt'ii�`(?'r`S��nding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Effective date: O e15MI071785
(For Official Use Only)
Effective Date:
agenda Date: Oct. 24, 2007
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 9 1 " 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
Mft9Ykr1rMftMYMWffffSfffi9nding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Effective date: Owe 5MJV71785
(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. 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 Weight — Rejection 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
1 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
Issued by: Michael A. Weinstein, Senior
Issue date: August 31, 2007
Type/Size of
Charge
Container, Drop Box,
Toter, or Cart
$ per
$ per
Granting Tariff Revisions per Order
Effective date:
iding Tariff Revisions;
02 Docket TG-071785
OMW.5 MW71785
(For Official Use Only) Agenda Date: Oct. 24, 206
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. 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 Pricing gp�aPe jMf#Mt(oekiW�gnding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Issue date: August 31, 2007 Effective date: OqM*1.5MAU71785
(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
1 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 ¢et& Date • 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: AgenEfy: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: ranuary 1T2015
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 (N)
$ 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
Tem ora 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 (N)
$ 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 Pricing1)WgfkdP r &MRW e��r finding Tariff RevisioLll
ns;
Granting Tariff Revisions per Order 02 Docket TG-071785
Issue date: August 31, 2007 Effective date: OqMW&J5MJV71785
(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
SUB 10/08/07
Tariff No. 20 Original 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 Pickup
$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 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 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.
Issued by: Michael A. Weinstein, Senior
Issue date: August 31, 2007
Y
fflHWdTW1 1NWWV`fflNVSfffi9nding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Effective date: Owe 5MIMI785
(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. 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.
inn n��i��nT imp nr�LY
Issued by: Michael A. Weinstein, Senior PricingN #fkaP"A% 1 WtNHM W�9nding Tariff Revisions;
Granting Tariff Revisions per Order 02 Docket TG-071785
Issue date: August 31, 2007 Effective date: O e 5MVi71785
(For Official Use Only)
Effective Date: Nov. 1, 2007 (Permanent)
Docket No. TG- Date: By:
RECEIVED MAR. 199 2014 WA. UT. & TRANS. COMM. ORIGINAL TG-140451
Appendix B
N_ _ -
Single Family Residences within
Yard Waste Collection Areas
Legend
• Single Family Residence Inside Yard Waste Collection Area
Single Family Residence Outside Yard Waste Collection Area
Yard Waste Collection Area
Collection Area Outside Minimum Service Area
County Outside Curbside Yard Waste Collection Area
State Highway
Major Road
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• TIUS A AP IS NOTASUaSTITUTC FOR A FICLU SURVEY'
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-
Mapnals 0212014
a 6 10
Analysis Results
Single Family Residences in Kitsap County as of February 19 2014: 71,594
Single Family Residences inside Yard Waste Collection Areas : 47,433 (66%)
Single Family Residences outside Yard Waste Collection Areas : 24,16I (34°!0)
4W
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• '', k `{ »' : ' ocket: T-140451
A e ate: Apra 24, 2014
M Ve Date:-. Y 1, 2014
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held June 23, 2015.
ORDINANCE NO. 009-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, APPROVING A FRANCHISE AGREEMENT FOR SOLID WASTE
SERVICES WITH WASTE MANAGEMENT OF WASHINGTON, INC.
Copies of Ordinance No. 009-15 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 009-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: July 3, 2015