HomeMy WebLinkAboutRenton RFP Attach E - Responses to Industry Review Comments - FinalRFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Comments on Draft RFP
Section Page Paragraph Hauler Hauler Comment City Response City Action
3.2 4 5 Recology "The RFP base terms provide for
maintaining single-family cart colors
with green garbage carts, grey
compostables carts, and blue recycling
carts. However, the new contractor will
replace all commercial and multifamily
garbage carts with new black garbage
carts and replace all commercial and
multifamily compostables carts with
new green carts. Wildlife-resistant carts
will be made available to single-family
customers for a monthly fee"
The cart color requirements don't match
what the law requires from August 2025
onward (HB 1497). Is the City
considering an exemption to this bill, or
is the City considering making the cart
requirements match the law?
The city is aware of the new law,
and the contract and services
will need to comply with all laws.
None
3.2 4 7 Recology "Under the new contract, the City will
return to an in-house billing system
where the City bills customers for all
permanent and temporary services,
collects all customer payments, and
responds to customer billing questions
and concerns. "
Can the City provide an example of how
the city reconciles billing under the in-
house billing arrangement?
Please refer to draft contract
section 13.
None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
3.2 4 8 WM Could the City please clarify whether
residential recycling and organics will be
embedded in the underlying garbage
rates and how the City will compensate
the Contractor for those services? Will
the hauler provide three separates rates
to the City and the City will present one
retail rate to the Customers?
As described in RFP section 3.2
and draft contract sections 13
and 15, the city will pay the
contractor separate fees for
single-family recycling and
separate fees for single-family,
multifamily, and commercial
compostables services.
Multifamily and commercial
recycling will be the only service
embedded in garbage services.
For city retail rates, the city
expects to continue embedding
single-family recycling and
composting costs in single-
family garbage rates.
None
3.3 5 Republic
Services
Would City entertain an additional
alternative to include additional electric
vehicles?
Yes. RFP section 3.4 (Proposer
Variations) encourages and
rewards proposers for potential
variations from the base and
alternate terms and specifically
invites innovative approaches
for electric fleet deployment.
None
3.3 5 Republic
Services
Would City entertain an additional
alternative to include different PI
language to include Water Sewer Trash?
This PI Language is more true to the
actual costs of doing business and may
result in lower upfront costs at the
beginning of the contract
The base proposals will
incorporate the CPI-W index, but
as described in RFP section 3.4
(Proposer Variations), the city
encourages proposer variations,
such as an alternative inflation
index, that improve services or
reduce costs.
None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
3.3 6 5 Recology "Under this Alternative B, the contractor
will purchase and deploy four (4) fully
battery-powered, electric collection
vehicles on routes by January 1, 2029."
In Alternative B Electric Trucks, electric
vehicles will be required in 2029. Does
this mean if Alternative B is selected,
haulers will be able to use used vehicles
in the interim years before electric
trucks are implemented (rather than
new trucks that will only be used for 2
years until electric trucks are
implemented)?
Yes. The contractor will be able
to use used trucks in the interim
that are model year 2015 or
newer. All trucks used in the
interim must comply with all
terms and conditions in section
6.1 (Vehicle and Equipment
Requirements) of the contract,
except the requirement to be
model year 2025 or newer.
RFP section 3.3.B has
been updated:
“Collection vehicles
used in the interim
must be model year
2015 or newer and
comply with all
terms and conditions
in section 6.1 of the
draft base contract,
except the
requirement to be
model year 2025 or
newer.”
4.2 7 WM In an effort to foster a transparent RFP
process, would the City consider
releasing all submitted proposals to
each proponent at the same time within
two weeks of submission.
Not at this time None
6.6 19 6 Recology "Protests will not be accepted later than
two business days after proposers are
notified of award details." Will the City
be willing to extend the protest period
from two business days to five business
days, to allow time for any party to
assemble their comments/protest, if
necessary?
No. RFP section 6.6 about
protest has been
removed in its
entirety.
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Comments on Draft Price Proposal Form
Section Hauler Hauler Comment City Response City Action
Single Family
Carts
Republic
Services
Could the City clarify the
recycling and compostable
rates as if they also will get an
annual PI?
As described in RFP section 5.I.1 and Attachment B, the recycling
and compostables contractor rates--along with all contractor rates
in Attachment B (Price Proposal Form), whether proposed or pre-
set--will be adjusted annually according to the price index.
None
Miscellaneous
Fees
Republic
Services
Would the City clarify if the
rates set in the price form are
final and not to be adjusted?
As described in RFP section 5.I.1 and Attachment B, the pre-set
prices in the price form are not to be adjusted by proposers. These
universal prices will be used across all base proposals. The city is
open to final negotiations on any prices that improve services or
costs for the customers. RFP section 3.4 (Proposer Variations)
specifically invites proposer variations that modify or eliminate
ancillary or other fees.
None
MF &
Commercial
Carts
Republic
Services
Could the City clarify if the
compostable rates will also
get an annual PI?
As described in RFP section 5.I.1 and Attachment B, the recycling
and compostables contractor rates--along with all contractor rates
in Attachment B (Price Proposal Form), whether proposed or pre-
set--will be adjusted annually according to the price index.
None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Comments on Draft Base Contract
Section Page Paragraph Hauler Hauler Comment City Response City Action
2 6 1 WM The Term of this Contract is ten (10)
years starting on the Date of
Commencement of Service. The
City may, at its sole option, extend
the agreement for one (1)
extension, which shall not exceed
two (2) years in duration.
Would the City consider changing
the extension from "sole option" to
"by mutual consent"?
No None
4.2 7 1 WM Are there any potential annexations
areas that may become a part of
Renton during the term of this
agreement?
There are areas next to the city
that Renton could annex during
the term of this agreement, but
there are no existing plans to
annex those areas during the
term of the contract.
None
4.4 8 2 Republic
Services
Would the City entertain an 24 hour
collection for commercial
collection, not near a residential
area? If not, would the City
entertain a 3 AM start time?
No. The contractor may apply for
exemptions to the hour
requirements, per contract
section 4.4 (Hours/Days of
Collection).
None
4.6 9 1 WM Disabled Person Service
Does the City have a count of how
customers would be eligible for this
carry out service?
The city does not have a count of
who would be eligible, but 318
customers have rate discounts
as of 5/30/25 for being income-
qualifying disabled or senior
single-family customers.
None
4.6 9 1 Republic
Services
Would the City entertain that for a
customer to qualify for pack out
Yes None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
service, they would be on the
disable list provided by the City?
4.8 10 5 Republic
Services
With temperatures changing at the
last minute, would the City
consider changing the request for
permission to start early from 48
hours to 24 hours?
No. A 48-hour advance notice
helps to ensure that customers
are notified of collection
changes in advance.
None
4.9 10 1 Republic
Services
Would the City entertain adding at
what amount of repeated suspect
claims for return collection at no
charge would constitute
suspending collection?
No. In the contractor's written
notice to the city regarding a
problem customer, the
contractor will make a case for
suspending collection and the
city will review it (as per contract
section 4.9). There is no set
amount of suspect claims--it is
at the contractor's discretion to
determine whether the suspect
claims, however many or few,
qualify for collection
suspension.
None
4.10 11 1 Republic
Services
With regards to a missed
collection, does the customer
contact the City or Contractor?
The contractor, as noted in
section 12.1 of the draft
contract.
None
4.10 11 2 WM Can the City please clarify that
customers must be collected by
the time collection is scheduled to
conclude rather than "commence"
on each service day?
Yes Draft contract section
4.10, 1st paragraph, has
been revised: "Customers
shall set out materials by
the time collection is
scheduled to commence.
The Contractor’s failure to
collect such properly set
out Garbage, Recyclables,
or Compostables by 5
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
p.m. on the schedule day
of collection shall be
considered a missed
collection."
4.10 11 3 Republic
Services
Last sentence, would the City
consider removing the statement 'if
approved by the Customer'?
Yes Draft contract section
4.10, 3rd paragraph, has
been revised: "The
Contractor will not be
responsible for a missed
collection in these cases,
and if the Customer still
requests a return
collection, then the
Contractor can charge the
return trip fee. The
Contractor shall inform
the Customer at the time
of the request if there is a
charge for the return
trip."
4.14 13 3 Republic
Services
With regards to a spill, would the
City clarify that the contractor is
only responsible for spills by the
contractor and not a 3rd party?
As described in section 4.14, the
contractor, and any
subcontractors, are required to
address all “spillage during
collection.” In addition, the city
expects the contractor to make
reasonable efforts to address
container-related scatter due to
customers or other parties.
None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
4.18 16 1 Republic
Services
Would the City entertain changing
the language in the first line to read
“The Contractor shall not damage
public and private …”
Yes Draft contract section
4.18, 1st paragraph, has
been revised: "The
Contractor shall not
damage any public and
private improvements,
facilities, and utilities…"
4.20 17 2 WM To minimize cost, would the city
consider working with the hauler to
extend the timeline to relabel all
current carts?
Yes Draft contract section
4.20, 2nd paragraph, has
been revised: "The
Contractor shall re-label or
replace all Carts within
one hundred twenty (120)
calendar days of the Date
of Commencement of
Service." RFP section 3.3.A
has also been revised:
“The contractor will
purchase and provide new
black garbage carts and
new green compostables
carts to all single-family
customers and deliver
these between April 1 and
July 31, 2027.”
5.1 18 2 Republic
Services
With the volatility of the glass
market, would the City consider
alternatives for glass, such as using
for roadbed fill?
As per contract section 5.1, the
contractor may seek prior
approval from the city for
alternate end markets for
recyclables.
None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
5.1 18 5 WM “The Parties agree that the
Contractor is being compensated
for Recycling or composting those
incoming materials and that
maximum cost-effective recovery is
a primary objective of the City’s
collection programs.”
WM does not agree that the
Contractor is compensated for
composting incoming materials,
Contractor pays a fee to tip
compostables.
The city recognizes that the
contractor pays a tip fee to have
compostables processed. The
city compensates the contractor
for these services via the
compostables collection rates
established in Attachment B
(Price Proposal Form).
None
6.1 19-
20
1 WM Does the current provider operate
any smaller type collection vehicle?
If so, how many customers are
served by the smaller truck?
The current hauler services
about 150 customers with a tight
access vehicle.
None
6.4 22 1 Republic
Services
In regards to wildlife-resistant
carts, at the end of the contract,
would these carts remain the
property of the current contractor?
As per contract section 6.6, at
the end of the contract all in-
service containers (including
wildlife-resistant carts) revert to
city ownership. All containers
held in reserve by the contractor
and not actively in service at a
customer location are the
property of the contractor at the
end of the contract.
None
6.5 23 4 WM Can the city please clarify if the
solid lid on the Drop-box is the
default at no charge? Does the
current hauler currently use a chain
or cable truck for Drop-box hauls?
Yes. Solid covers on drop-boxes
are the default for the new
agreement. The contractor shall
not charge any additional fees
for these covers.
Draft contract section 6.5,
4th paragraph, final
sentence has been
revised: "The Contractor
shall not charge a separate
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
The current hauler uses for chain
and cable trucks for drop-box
hauls.
fee for providing covers on
Drop-box Containers."
6.1 25 1 WM Can the City provide the number of
carts that currently have locks?
No. The city does not have data
on this.
None
7.2.1 27 1 WM In the final contract & RFP, can
there be consistent clarification
that the hauler will provide three
rates to City and the City will charge
one rate to customer, defined by
the term embedded.
Contractor compensation and
city rate setting are described in
RFP section 3.2 (Base Services),
draft contract section 13.1
(Customer Rates), and draft
contract section 15.1
(Contractor Compensation).
Draft contract section 15.1
has been revised to further
clarify payments.
7.2.1 27 2 WM If the City removes materials from
the recycling stream due to a
product stewardship or waste
prevention program, will the
Contractor be compensated for the
loss of revenue associated with
that material?
No None
7.3.1 28 2 WM Would the city consider setting the
holiday trees height at four feet to
avoid potentially damaging our
equipment and safer handling of
materials by drivers?
No change to the draft contract.
The city will consider future,
workable modifications to
acceptable holiday tree
dimensions.
None
8.1.3 29 2 WM Could the City provide how long the
Contractor is required to wait to be
able to access the container? If the
Contractor cannot access the
container, will it count as a missed
collection? Does the City’s current
service provider have any
No change to the draft contract.
The city will consider future,
workable modifications
regarding appropriate wait
times.
The city's hauler currently
provides this service to
None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
Customers they provide this type of
service to?
customers. From January
through April 2025, the hauler
charged 2 multifamily and 6
commercial customers for
stand-by time. Charges per
customer per day for this period
ranged from $20.82 to $138.80.
The median charge per customer
per day was $34.70.
8.2.1 30 1 WM Can the City please clarify what
level of recycling the city is seeking
for subscribing MF and COM Drop-
box customers.
Yes. Drop-box containers and
compactors are used for
embedded recycling services.
Commercial recycling services
are also supported by open-
market vendors.
Draft contract section
8.2.2 has been revised:
"The Contractor shall
encourage and promote
participation in
Recyclables services and
recommend appropriate
Container sizes through its
site visit and evaluation
process. The Contractor
shall offer Multifamily
and Commercial
Customers Carts,
Detachable Containers,
or Drop-box Containers
for Recyclables
collection, as appropriate
to Customers’ needs.”
8.2 30 1 Republic
Services
Clarification, for unlimited and
embedded recycling for multifamily
and commercial, are rolloff
containers/compactors used for
(see response above) (see response above)
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
recycling considered embedded?
Or are these open market? i.e. if a
customer only uses an 8yd
container for MSW
8.3.1 31 2 WM Can the City clarify if the holiday
tree collection is from all MF
customers or just MF properties
that subscribe to Compostable
service?
Yes. Holiday tree collection is for
all MF customers and properties,
even those without
compostables collection.
Draft contract section
8.3.1, 2nd paragraph, has
been revised: "For the first
two (2) weeks of January
each year, the Contractor
shall collect unflocked,
undecorated, natural
holiday trees from all
Multifamily Customers at
no additional charge,
including Multifamily
Customers that do not
subscribe to
Compostables
collection. Multifamily
Customers subscribing to
Compostables collection
shall have their holiday
trees collected on their
regularly scheduled
Compostables collection
day. Trees shall be no
greater than six feet (6’) in
length. Customers
subscribing to
Compostables collection
shall place trees adjacent
to their Compostables
Carts.
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
9.4 33 1 WM On-call Bulky Waste collection
shall occur during the hours and
days specified in Section 4.4, with
Saturday collection allowed for
Residences if more convenient for
Customers. Can Saturday bulky
item collection be subject to
Contractor approval?
The city will limit these
collections to Monday through
Friday.
Draft contract section 4.4
has been revised to limit
collection to Monday to
Friday.
9.4 33 1 Republic
Services
In regards to on call bulky waste,
normal collection occurs Monday
thru Friday, would the City consider
removing Saturday collection for
Bulky Waste? Requiring Saturday
collection may increase original
rates to offset weekend time for
drivers
Yes. The city will limit these
collections to Monday through
Friday.
Draft contract section 4.4
has been revised to limit
collection to Monday to
Friday.
10 34 2 Republic
Services
In regards to 100% recycled paper,
would the City entertain removing
the words 'post-consumer'?
Yes Draft contract section 10,
2nd paragraph, has been
revised to "All [contractor]
materials shall be printed
on one hundred percent
(100%) recycled paper."
10.2 35 1 WM Does the City have the number of
multifamily units in the Service
Area?
According to the city's
contracted hauler's records,
there are 394 multifamily solid
waste customers. There are
20,870 multifamily units in
Renton's service area.
None
10.3 36 4 WM What are the number of multi-
commercial tenants in the Service
Area?
There are 1,342 commercial
customers in Renton's service
area.
None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
11.2 38 1 WM Can the City please provide the
historical service levels, collection
frequency, commodity types and
Drop-box tonnages for each of the
listed city-sponsored community
events.
Yes The "City Facilities &
Events" tab of Attachment
D (Current Services Data)
has been revised with
information on waste
services provided by the
city's current hauler at city-
sponsored events in 2024.
11.3 39 1 WM Does the City hold these events
currently? Can the City provide how
many hauler employees staff the
event, what the service levels are
and materials collected?
The city currently holds these
events
(https://www.rentonwa.gov/City-
Services/Sustainability-and-
Solid-Waste/Special-Events-
and-Services).
The city's contracted hauler
currently staffs one recycling
collection event per year and
just collects scrap metal at that
event. Scrap metal tonnage has
varied between 10-12 tons per
annual event for the last 3 years.
There are approximately 12
hauler employees (including 2
hauled drivers) per annual event.
None
12.1 39 Republic
Services
In regards to Customer Service
functions, to make it easier for
customers to need to call only one
number, would the City consider
having all calls for billing and
service requests go to the City,
since the City is taking over billing?
No None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
12.3 41 4 WM Texting as a customer
communication for company
outbound notifications is in place;
providing two-way texting is not a
current communication set up
between customer and our
company. This capability may be
initiated in the future.
Would the City consider removing
or revising this requirement since it
would not be fair to require if all
proposers could not provide.
Agreed. The contract update
indicates examples of
notification methods other than
phone but does not eliminate the
requirement for the contractor to
provide customer service
communications via alternative
methods.
Draft contract section 12.1
(1st paragraph) has been
revised: "The Contractor
shall be responsible
for…answering Customer
phone calls, letters, and
electronic
communications.”
Draft contract section 12.3
(5th paragraph) has been
revised: "The Contractor
shall maintain sufficient
staffing to answer and
handle complaints and
service requests promptly
made by methods other
than phone, such as
letters, text messages, and
electronic messages."
12.5 42 2 Republic
Services
Would the City consider a
'automated phone answering
service' with 3 options for a
customer upon initial call, so as to
route the customer to the correct
Customer Service Rep? Such as 1)
Make Payment, 2) Residential
Customer, 3) Commercial
Customer
Yes. Proposers interested in this
option should include it in their
proposals.
RFP section 5.F.1 (1st
paragraph) has been
revised: “Outline your
overall approach to
customer service and how
the various elements of
customer service (call
center, web-based, outdial
messaging, and mobile
app) work together to
provide excellent customer
service and enhance two-
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
way communications
between the contractor
and customer. Describe
how you will efficiently
route customer billing
questions to City staff.”
12.9.1 44 1 Republic
Services
Would the City consider changing
the vacation hold time from a
minimum of 30 days to 14? As most
customers go on 2 week vacations
No None
12.9.2 44 1 Republic
Services
For vacancy holds, does this
information come from the City?
Since the City will be taking over
billing
Yes None
13 44 5 WM Will the City be responsible for
customer questions related to
billing?
Yes None
15.1 53 1 WM What is the estimate of customers
that would qualify for the
senior/disabled rate discount?
318 single-family customers
have a discount applied to their
rates for being an income-
qualifying senior or disabled
person, as of 5/30/25
None
15.3.1 53 2 WM Would the City consider WST
instead of CPI?
The city prefers the CPI-W index,
but as described in RFP section
3.4, proposers may submit an
alternative inflation index for the
city's consideration.
None
15.3.1 54 1 WM Recent history has shown that
inflation can climb above 6%. In
order for the Contractor to be kept
whole to keep up with inflation
No. The city will retain the
inflation terms as stated for all
base proposals. However, in RFP
section 3.4, the city specifically
None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
beyond this level, would the City
consider removing this cap?
Alternatively, if the City wants a
ceiling on this adjustment would it
also consider a floor?
encourages proposers to
suggest alternative inflation
indices or other contract
modifications that could reduce
costs or improve services for the
city and its customers.
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
15.3.1 53 Republic
Services
Would the City consider new language to be added after
section 15.3.1:
Extraordinary Rate Adjustments
The Rates under this Agreement are calculated to pay certain
costs and expenses that are of a contingent and uncertain
nature. Therefore, in addition to the Annual Rate
Adjustments, the Rates shall be, upon written request by the
Contractor, negotiated in good faith with the City, and further
adjusted to full capture increased expenses associated with
the Contractor’s performance of the Collection Services,
including but not limited to any one or more of the following
causes:
1. Uncontrollable Circumstances;
2. Changes in Applicable Law that are effective after the
Effective Date of this Agreement;
3. Increases in surcharges, fees, assessments, and/or taxes
levied by federal, state, or local regulatory authorities, or
other governmental entities related to performance of
Collection Services;
4. Increases in cost of transportation, including fuel and
third-party transportation costs, of ten percent (10%) or
more;
5. Increases in fees for the Processing of Organic Waste, if
such Organic Waste is being Processed at a third-party
facility;
6. Material increases in the volume of City Solid Waste
collected by the Contractor hereunder, whether caused by
Customer growth; and/or annexation, or otherwise;
7. Increases of ten percent (10%) or more in the cost to
collect, handle, store, transport, or Process Recyclables;
8. Changes to the definition of “Recyclables”, as provided in
this Agreement, or an increased need in activities pertaining
to recycling, provided such activities are approved by the
No. The city will not
add this requested
language for the
base proposals.
However, in RFP
section 3.4, the city
specifically
encourages
proposers to
suggest contract
modifications that
could reduce costs
or improve services
for the city and its
customers.
None
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Section Page Paragraph Hauler Hauler Comment City Response City Action
City; and/or
9. Any other extraordinary circumstances, or causes, or
reasons, that are not within the Contractor’s reasonable
control.
If the Contractor requests a Rate adjustment pursuant to this
Section, the Contractor shall prepare a Rate adjustment
request showing calculations of the Contractor’s increased
cost/loss revenue and the amount of adjustment to the Rates
required, in order to offset such increased cost/loss revenue.
The City may request documentation and data reasonably
necessary to evaluate such requests by the Contractor, and
may retain, at its own expense, an independent third-party
auditor to review such requests and supporting
documentation. If a third-party auditor is retained, the City
shall take reasonable steps consistent with Applicable Law,
to protect the confidential and/or proprietary nature of the
Contractor’s data. The City and the Contractor shall
negotiate in good faith all properly calculated Rate
adjustments within ninety (90) days of any such request by
the Contractor.
Notwithstanding the foregoing, if the Contractor’s request for
a Rate adjustment is based upon any new or increased third-
party fees, taxes, assessments, or charges, the City shall
approve such Rate adjustments within such time period as
necessary to ensure that any such fees, taxes, assessments,
or charges are passed on to the Customers by the date the
same are effective.
15.3.2 54 1 WM Compensation Adjustment
How does the City define "routinely" in this case?
The city intends this
language to refer to
regular and
recurring use of
alternate sites.
None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
15.3.2 54 3 Recology If a disposal or composting site becomes unavailable through
no fault of the Contractor, and the Contractor has to use a
different site, the Contractor’s compensation should be
adjusted to cover those costs, as long as the unavailability
increases the Contractor’s cost of performing the contract by
over $10K/yr. This should be true whether the site becomes
unavailable on a short-term or long-term basis, and whether
the unavailability is due to governmental requirements, acts
of god, or other factors beyond the Contractor’s control.
Section 15.3.2 should be revised along these lines. It should
also require the City to grant such an adjustment if the
Contractor provides reasonable justification of the reason for
the unavailability and the associated additional costs. The
current language just says the Contractor can apply for an
adjustment, but doesn’t require the City to approve the
adjustment, no matter how well justified.
The city is not
expanding contract
language at this
time.
None
15.3.4 54 5 Recology If new taxes, fee or tolls are imposed or existing ones
increased, the Contractor’s compensation should be
adjusted to cover those costs, as long as the change
increases the Contractor’s cost of performing the contract by
over $10K/yr. Section 15.3.4 should be revised along these
lines. It should also require the City to grant such an
adjustment if the Contractor provides reasonable
justification of the additional costs. The current language just
says the Contractor can apply for an adjustment, but doesn’t
require the City to approve the adjustment, no matter how
well justified.
The city is not
expanding contract
language at this
time.
None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
15.4 55 1 Recology Section 15.4 should be revised to add a standard for
approving rate adjustments due to changes in law. We
suggest adding the following sentence at the end of the
paragraph: “City shall approve any compensation adjustment
requested by Contractor under this section if and to the
extent Contractor provides reasonable evidence that (a) the
change requires Contractor to incur the increased costs, (b)
the amount of the increased costs is reasonable, and (c) the
change increases Contractor’s costs to perform this
Agreement by over $10K/yr.”
The city is not
expanding contract
language at this
time.
None
17.4.1 61 1 Republic
Services
Would the City consider changing [the final sentence of]
section 17.4.1, subsection 1, to read:
1. Automobile Liability insurance covers all owned, non-
owned, hired, and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage. The policy shall include the ISO
CA 9948 Form (or its equivalent) for cargo transportation and
an MCS 90 Form in the amount specified in the Motor Carrier
Act. The policy shall include a waiver of subrogation in favor
of the City via blanket-form endorsement.
The city is not
expanding contract
language at this
time.
None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
17.4.1 61 2 Republic
Services
Would the City consider changing section 17.4.1, subsection
2 to read:
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 or a substitute form providing
equivalent liability coverage and shall cover liability arising
from premises, operations, independent contractors
liability, products-completed operations, personal injury,
and advertising injury, and liability assumed under an insured
contract. There shall be no endorsement or modification of
the Commercial General Liability insurance for liability arising
from an explosion, collapse, or underground property
damage. The “City of Renton” shall be named as an
additional insured under the Contractor’s Commercial
General Liability insurance policy concerning the work
performed for the City, using ISO blanket-form additional
insured endorsements CG 20 10 07 04 and CG 20 37 07 04
The city is not
expanding contract
language at this
time.
None
17.4.1 61 4 Republic
Services
Would the City consider changing section 17.4.1 subsection
4 to read:
4. Contractor’s Pollution Liability insurance coverage covers
any bodily injury, personal injury, property damage, cleanup
costs, and legal defense expenses applying to all work
performed under the contract, including that related to
transported cargo. If the Contractor’s Pollution Liability
insurance is written on a claims-made basis, the Contractor
warrants that any retroactive date applicable to coverage
under the policy precedes the effective date of this contract
and that continuous coverage will be maintained or an
extended discovery period will be exercised for a period of
three (3) years beginning from the time that work under the
contract is completed. The “City of Renton” shall be named
The city is not
expanding contract
language at this
time.
None
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Section Page Paragraph Hauler Hauler Comment City Response City Action
an additional insured under the Contractor’s Pollution
Liability insurance policy via blanket-form endorsement.
17.4.3 62 1 Republic
Services
Would the City consider changing the paragraph to read:
The insurance policies are to contain, or be endorsed via
blanket-form endorsement to contain, the following
provisions for Automobile Liability, Commercial General
Liability, and Contractor’s Pollution Liability coverage:
The city is not
expanding contract
language at this
time.
None
17.4.3 62 2 Republic
Services
Would the City consider changing the paragraph to read:
Coverage shall state that the Contractor’s insurance shall
apply separately to each insured against whom a claim is
made or a suit is brought, except concerning the limits of the
insurer’s liability.
The city is not
expanding contract
language at this
time.
None
17.6.2 64 2 Recology There are some missing words in the 1st sentence that
should be restored: “and the Contractor shall have the right,
at its election and sole cost…”
The draft contract
has been revised to
clarify.
Draft contract
section 17.6.2
has been
revised.
17.6.2 64 2 Recology It should be clarified that if the City wants to participate in
defense of a claim that the Contractor is already indemnifying
for and defending, the City should bear that cost. Edit to the
last sentence: “The City also has the right to defend or
participate in defense of any such claim at its own cost and
expense.”
The city is not
expanding contract
language at this
time.
None
17.7 64 6 Recology This section is overbroad because it potentially requires the
Contractor to provide the City documents that are attorney-
client privileged, trade secrets, or otherwise protected from
disclosure under the Public Records Act. It also potentially
imposes a significant administrative burden on the
Contractor to collect and submit records that are not legally
required to be disclosed under the PRA. This section should
be revised along the lines of similar provisions in other cities’
The city is not
expanding contract
language at this
time.
None
RFP FOR SOLID WASTE SERVICES – ATTACHMENT E. RESPONSES TO INDUSTRY REVIEW COMMENTS
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Section Page Paragraph Hauler Hauler Comment City Response City Action
solid waste collection contracts, namely:
“Under the Washington Public Records Act (“PRA”), RCW
Chapter 42.56, public records may be subject to disclosure
upon request by any person unless the documents are
exempt from public disclosure by a specific provision of law.
If the City receives a request for inspection or copying of any
Contractor-provided documents identified as confidential
and proprietary, it shall promptly notify the Contractor in
writing regarding the public records request. The City will give
the Contractor ten (10) business days after such notification
to obtain a court order prohibiting the release of the
documents. The City assumes no contractual obligation to
enforce any exemption under the PRA. Nevertheless, if the
Contractor within such 10-day period initiates action for a
court order prohibiting the release of any records, the City
agrees to await a determination with respect to the matter
before releasing the applicable records.”
Exhibit
C
C-1 10 WM Would the City consider a set out limit on the Clean Wood
Scraps?
The city will
consider changes
to the set out limits
during negotiations.
None
Comments on Current Services Data
Hauler Hauler Comment City Response City Action
WM Could the City provide a more recent Renton Customer
and Container Counts?
Yes Updated customer and container counts are included
in the final RFP, Attachment D: Current Services Data