HomeMy WebLinkAboutAgenda Packet for 05/02/2016
AGENDA
City Council Regular Meeting
7:00 PM - Monday, May 2, 2016
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Day of Prayer - May 5, 2016
4. ADMINISTRATIVE REPORT
5. AUDIENCE COMMENTS
Speakers must sign-up prior to the Council meeting.
Each speaker is allowed five minutes.
When recognized, please state your name & city of residence for the record.
NOTICE to all participants: pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of April 25, 2016.
Council Concur
b) AB - 1653 Transportation Systems Division recommends approving a four year
Engineering Consultant Agreement with Northwest Management Services for a total cost
of $189,050 for the purpose of pavement condition survey services.
Refer to Transportation (Aviation) Committee
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Planning & Development Committee: Docket 11
b) Transportation (Aviation) Committee: Temporary Road Closures for the Sunset Lane NE
Improvement Project*; Airport Operating Permit & Agreement with West Isle Air, Inc.
8. RESOLUTIONS AND ORDINANCES
Resolution:
a) Amending Temporary Road Closures for the Sunset Lane NE Improvement Project (See
item 7.b.)
Ordinance for first reading:
b) Solid Waste Collection Agreement with Republic Services (Approved on 4/18/2016)
Ordinance for second and final reading:
c) Amending RMC 10-10-3, Vehicles Blocking Mailboxes (First Reading 4/25/2016)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. AUDIENCE COMMENTS
11. ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
7th Floor Conferencing Center
May 2, 2016
Monday, 6:00 p.m.
Downtown Revitalization Update | Council Referral Process
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
Denis Law Mayor
rocl m tion
ZVFiereas, on April 17, 1952, the Congress of the United States approved the Joint
Resolution for setting aside an appropriate date as a National Day of Prayer (Public
Law 82-324; 66 Stat. 64); and
ZVFiereas, the history of our nation is indelibly marked with the role that prayer has
played in the lives of individuals and the nation; and
ZVFiereas, historically our greatest leaders have turned to prayer in times of crisis and
thanksgiving; and
VFiereas, the virtues of prayer reflect a common bond: hopes and aspirations,
sorrows and fears, repentance and renewed resolve, thanks and joyful praise, and
love; and
Vhereas, our nation will celebrate the 64th anniversary of the National Day of Prayer
on May 5, 2016;
ow, tFierefore, I, Denis Law, Mayor of the City of Renton, do hereby proclaim May 5,
2016, to be a
a o rayery
in the City of Renton, in keeping with the wishes of the Congress of the United States,
and I encourage all citizens to join me in this special observance.
In witness whereof, I have hereunto set my hand and
caused the seal of the City of Renton to be affixed this
2nd day of May, 2016.
r_A.
S '
Denis Law, Mayor
City of Renton, Washington
Renton City Hall,7th Floor 1055 South Grady Way,Renton,WA 98057• rentonwa.gov
AGENDA ITEM #3. a)
April 25, 2016 REGULAR COUNCIL MEETING MINUTES
MINUTES
City Council Regular Meeting
7:00 PM - Monday, April 25, 2016
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Randy Corman, Council President
Ryan McIrvin
Armondo Pavone
Ruth Pérez
Ed Prince
Carol Ann Witschi
Councilmembers Absent:
Don Persson
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT
COUNCILMEMBER DON PERSSON. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Shane Moloney, Senior Assistant City Attorney
Jason Seth, City Clerk
Kelly Beymer, Community Services Administrator
Gregg Zimmerman, Public Works Administrator
Iwen Wang, Administrative Services Administrator
Cliff Long, Economic Development Director
Leslie Betlach, Parks Planning/Natural Resources Director
Cailin Hunsaker, Parks and Golf Course Director
Commander Kevin Keyes, Police Department
AGENDA ITEM #6. a)
April 25, 2016 REGULAR COUNCIL MEETING MINUTES
PROCLAMATION
Arbor Day/Earth Day - April 30, 2016: A proclamation by Mayor Law was read declaring April
30, 2016 to be "Arbor Day / Earth Day" in the City of Renton, encouraging all citizens to join in
the special observance. Urban Forestry and Natural Resources Manager Terry Flatley
accepted the proclamation with thanks and invited residents to plant trees and flowers at
Cedar River Park on Saturday, April 30th from 9:00am - 1:00pm. Additionally, Joe Scorcio from
the Washington Community Forestry Council presented Mr. Flatley with Renton's 8th Arbor
Day Award and its 6th Growth Award from the Arbor Day Foundation and explained why the
celebration of Arbor Day takes place.
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
ADMINISTRATIVE REPORT
Public Works Administrator Gregg Zimmerman briefed Council regarding the City's water
supply/treatment especially as it pertains to lead in drinking water. He assured viewers that
Renton does not have a problem with excessive lead content in its water and that the Lead
content has been either non-detectable or well below the Federal action limit since 2000.
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City’s recent progress towards goals and work programs adopted as part of
its business plan for 2015 and beyond. Items noted were:
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
The Renton Historical Society is currently accepting applications for new members of
the Board of Trustees of the Renton History Museum. The Board’s mission is to help
document, preserve, and educate about Renton’s heritage in ways that engage
diverse people of all ages. The Board serves as the oversight, policy-making, and
fundraising body for the museum. Trustees serve three-year terms and leadership
opportunities are available. If interested, please contact Liz Stewart at
estewart@rentonwa.gov, or by phone at 425-255-2330.
AUDIENCE COMMENTS
Steve Swaim, Seattle, spoke to council regarding concerns he has about the shifting of the
main channel of the Cedar River from the left river bank to the right river bank in the vicinity
of the Elliot Spawning Channel upriver entrance, and the impact it may have on summer
construction plans for a new entrance into the Elliot channel.
Kara Durbin, Bellevue, Government Affairs Representative for Puget Sound Energy (PSE)
briefed Council about PSE's preferred route for Energize Eastside and provided a quick update
on the Environmental Impact Statement (EIS) process.
AGENDA ITEM #6. a)
April 25, 2016 REGULAR COUNCIL MEETING MINUTES
CONSENT AGENDA
Items listed on the consent agenda were adopted with one motion, following the listing. At the request
of Councilmember McIrvin, Consent Agenda items 6.g. & 6.h. were pulled for separate consideration.
a) Approval of Council Meeting minutes of April 18, 2015. Council Concur.
b) AB - 1649 Mayor Law reappointed the following members to the Airport Advisory Committee
with terms expiring on 5/7/2019: Harold (KC) Jones to the Highlands Neighborhood primary
position, Lee Chicoine to the North Renton Neighborhood primary position, Ben Johnson to
the North Renton Neighborhood alternate position, and Gordon Alvord to the Airport
Leasholders primary position. Council Concur.
c) AB - 1650 City Clerk recommended adopting an ordinance amending RMC 1-6-3 relating to
Statement of Expense of Candidate by requiring all candidates comply with RCW 42.17A, and
requiring that candidate statement of expenses be filed solely with the Washington Sate
Public Disclosure Commission. Refer to Finance Committee.
d) AB - 1651 City Clerk recommended adopting an ordinance amending RMC 2-20-5 & 2-20-6
relating to the convening of a new Independent Salary Commission every four years. Refer to
Finance Committee.
e) AB - 1652 City Clerk reported the results from the 4/12/2016 bid opening for CAG-16-036 -
Talbot Hill Sewer Relocation - I-405, Sr 167 IC/DC Project; and submitted the staff
recommendation to accept the lowest responsive bid submitted by Scarsella Bros. Inc., in the
amount of $3,183,440.94. Council Concur.
f) AB - 1645 Transportation Systems Division recommended approval of an Operating Permit
and Agreement with West Isle Air, Inc. for their sublease of space from Northwest Seaplanes,
Inc. on the parcel located at 860 W Perimeter Rd. for the purpose of performing scheduled
flights during the spring and summer months to the San Juan Islands. Refer to Transportation
(Aviation) Committee
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA MINUS ITEMS 6.G. & 6.H. CARRIED.
ITEM 6.G. & 6.H. - SEPARATE CONSIDERATION
g) AB - 1646 Utility Systems Division recommended approval of Addendum No. 1 to contract
CAG-15-120, with Stantec Consulting Services, Inc., for construction services in the amount of
$193,800 for the Talbot Hill Sewer Relocation Project. Refer to Utilities Committee. Council
Concur.
h) AB - 1647 Utility Systems Division recommended approval of a Utility Construction Agreement
with Washington State Department of Transportation (WSDOT) in the amount of $3,974,945
for the reimbursement of construction related costs for the Talbot Hill Sewer Replacement
Project; and requests authorization to increase the Wastewater Capital Improvement
Program fund by $3,350,000 for a total 2016 authorized amount of $4,600,000 with an
understanding that all associated costs will be fully reimbursed by WSDOT. Refer to Utilities
Committee. Council Concur.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE
CONSENT AGENDA ITEMS 6.G. & 6.H. AS COUNCIL CONCUR. CARRIED.
AGENDA ITEM #6. a)
April 25, 2016 REGULAR COUNCIL MEETING MINUTES
UNFINISHED BUSINESS
a) Public Safety Committee Chair Pavone presented a report recommending concurrence in the
staff recommendation to approve the proposed change in compensation and benefits by
increasing the lateral police officer hiring bonus to $10,000 and adding 40 hours each of personal
leave and sick leave up front for lateral police officers.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Public Safety Committee Chair Pavone presented a report recommending concurrence in the
staff recommendation to approve amending Renton Municipal Code 10-10-3.U Stopping,
Standing, or Parking Restricted Or Prohibited At All Times to reflect the current delivery schedule
of the USPS, which has greatly expanded since the code was last revised. The amendment will
also clarify what constitutes a violation of the Code by providing a definitive area and
measurements from a mailbox in which a vehicle is prohibited from parking. The Committee
further recommended that the ordinance regarding this mater be presented for first reading.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Finance Committee Vice-Chair Pavone presented a report recommending approval for payment
on April 25, 2016 claims vouchers 346303 - 346679, four wire transfers and one payroll run with
benefit withholding payments totaling $4,001,112.61 and payroll vouchers including 750 direct
deposits and 43 payroll checks totaling $1,673,446.40.
MOVED BY PAVONE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
d) Finance Committee Vice-Chair Pavone presented a report recommending concurrence in the
staff recommendation to authorize application to the State Recreation and Conservation Office
(RCO) for the following three grants:
$693,000 state Washington Wildlife and Recreation Program (WWRP) acquisition and
facility development grant
$500,000 federal Land and Water Conservation Fund (LWCF) acquisition and facility
development grant
$1,000,000 state Washington Wildlife and Recreation Program (WWRP) acquisition grant
The WWRP and the LWCF acquisition and facility development grants will match each other and
the non-state/non-federal grant match for all three individual grant applications is recommended
to be from the City’s General Fund. The Committee further recommended that the resolutions
regarding this matter be presented for reading and adoption.
MOVED BY PAVONE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
e) Finance Committee Vice-Chair Pavone presented a report recommending concurrence in the
staff recommendation to approve the hiring of a Senior Planner at Step E of Grade a28 and a
temporary double fill of the position, effective May 16, 2016.
MOVED BY PAVONE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
April 25, 2016 REGULAR COUNCIL MEETING MINUTES
f) Finance Committee Vice-Chair Pavone presented a report recommending concurrence in the
staff recommendation to approve the contract agreement with Canber Corporation in the
amount of $156,897.27 to provide landscape maintenance services at 43 locations, including 27
rights-of-way, one park, two trails, facility sites, and six open space areas and authorized the
Mayor and City Clerk to sign the agreement.
MOVED BY PAVONE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
h) Finance Committee Vice-Chair Pavone presented a report recommending concurrence in the
staff recommendation to approve the 2015-2018 Fresh Bucks Implementation Interlocal
Agreement with City of Seattle and authorize the Community Services Administrator to execute
this agreement and the subsequent two annual addenda for 2017 and 2018.
MOVED BY PAVONE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
RESOLUTIONS AND ORDINANCES
Resolutions:
a) Resolution No. 4284: A resolution was read authorizing submission of an application for grant
funding assistance for Washington Wildlife and Recreation Program (“WWRP”) projects to the
Recreation and Conservation Funding Board as provided in Chapter 79A.15 and 79A.25 RCW,
WAC 286, and other applicable authorities (Sunset Neighborhood Park (Highlands
Neighborhood Park 3) Project).
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
b) Resolution No. 4285: A resolution was read authorizing submission of an application for grant
funding assistance for land and Water Conservation Fund (“LWCF”) Projects to the Recreation
and Conservation Funding Board as provided in Title 54, U.S.C. Section 200305, 79A.25 RCW,
WAC 286 and other applicable authorities (Sunset Neighborhood Park (Highlands
Neighborhood Park 3) Project).
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
c) Resolution No. 4286: A resolution was read authorizing submission of an application for grant
funding assistance for Washington Wildlife And Recreation Program (“WWRP”) Projects to the
Recreation and Conservation Funding Board as provided in Chapters 79A.15 and 79A.25 RCW,
WAC 286, and other applicable authorities (Sunset Neighborhood Park (Highlands
Neighborhood Park 3) Project).
MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
Ordinance for first reading:
d) Ordinance No. 5780: An ordinance was read amending RMC 10-10-3.U of Chapter 10, Parking
Regulations, of Title X (Traffic), accommodating daily united states postal service deliveries by
disallowing parking within 15 feet of residential mail boxes.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
AGENDA ITEM #6. a)
April 25, 2016 REGULAR COUNCIL MEETING MINUTES
Ordinances for second and final reading:
e) Ordinance No. 5790: An ordinance was read amending Sections 4-2-060, 4-2-080, 4-2-110
And 4-2-115 of Chapter 2, Zoning Districts — Uses and Standards, Section 4-9-250 of Chapter
9, Permits — Specific, and Sections 4-11-020 and 4-11-230 of Chapter 11, Definitions, of Title
IV (Development Regulations) of rhe Renton Municipal Code, by amending Residential
Building Height Regulations, amending the definition of “Building Height” and Adding
definitions for “Wall Plate” and “Wall Plate Height.” (D-116)
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
f) Ordinance No. 5791: An ordinance was read amending Sections 4‐2‐110 and 4‐2‐120 of
Chapter 2, Zoning Districts – Uses and Standards, Section 4‐9‐065 of Chapter 9, Permits –
Specific, and Section 4‐11‐010, Definitions A, of Title IV (Development Regulations) of the
Renton Municipal Code, By Amending Density Bonus Regulations And Amending The
Definition of “Affordable Housing.” (D-117)
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
g) Ordinance No. 5792: An ordinance was read amending Section 4‐9‐060 of Chapter 9, Permits
– Specific, of Title IV (Development Regulations) of the Renton Municipal Code, Amending the
Regulations relating to payment of a fee in lieu of Frontage Improvements. (D-119)
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
h) Ordinance No. 5793: An ordinance was read amending Sections 4‐7‐070 and 4‐7‐080 of
Chapter 7, Subdivision Regulations, and Section 4‐8‐090 of Chapter 8, Permits – General and
Appeals, of Title IV (Development Regulations) of the Renton Municipal Code, adding
Regulations Requiring a Public Neighborhood Meeting for Subdivisions and Planned Urban
Developments and Amending the Regulations Regarding Public Notice Requirements. (D-120)
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
i) Ordinance No. 5794: An ordinance was read amending Sections 4‐1‐160 and 4‐1‐190 of
Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of the
Renton Municipal Code, by combining the Regulations for all Impact Fees into one Section. (D-
122)
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
j) Ordinance No. 5795: An ordinance was read amending Section 4‐2‐120 of Chapter 2, Zoning
Districts – Uses and Standards, of Title IV (Development Regulations) of the Renton Municipal
Code, revising Setbacks in Commercial and Mixed Use Zones. (D-123)
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
AGENDA ITEM #6. a)
April 25, 2016 REGULAR COUNCIL MEETING MINUTES
k) Ordinance No. 5796: An ordinance was read repealing Ordinance No. 4970, as the South
Renton Neighborhood Plan Adopted thereunder has been superseded. (D-124a)
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
l) Ordinance No. 5797: An ordinance was read amending Section 4‐4‐030 of Chapter 4, City‐
Wide Property Development Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, by deleting outdated plans adopted by reference and adopting New Plans by
Reference. (D-124b)
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
m) Ordinance No. 5798: An ordinance was read amending Sections 4‐2‐060 and 4‐2‐110 of
Chapter 2, Zoning Districts – Uses and Standards, 4‐4‐040, 4‐4‐070, 4‐4‐080, 4‐4‐100 and 4‐4‐
140 of Chapter 4, City‐Wide Property Development Standards, 4‐6‐090 of Chapter 6, Street
and Utility Standards, 4‐8‐120 of Chapter 8, Permits – General and Appeals, 4‐9‐060 of
Chapter 9, Permits – Specific and 4‐11‐250 of Chapter 11, Definitions, of Title IV
(Development Regulations) of the Renton Municipal Code, Correcting and Revising Code
Pursuant to the Community and Economic Development Department’s Administrative Code
Interpretations. (D-126)
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
n) Ordinance No. 5799: An ordinance was read vacating a portion of right-of-way in the vicinity
of Sunset Lane NE, Harrington Avenue NE and NE 10th Street (VAC-16-001). The legal
description is on file at the City Clerk’s office, and is available upon request.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
Council President Corman requested a Special Presentation of The Owl Project be scheduled
for the 5/9/2016 Council Meeting.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY WITSCHI, COUNCIL ADJOURN. CARRIED. TIME: 7:58
P.M.
Jason A. Seth, CMC, City Clerk
Megan Gregor, CMC, Recorder
Monday, April 25, 2016
AGENDA ITEM #6. a)
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AGENDA ITEM #6. a)
AB - 1653
City Council Regular Meeting - 02 May 2016
SUBJECT/TITLE: Professional Services Agreement with Northwest Management
Systems for Pavement Condition Survey Services
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Patrick Zellner, Street Maintenance Services Supervisor
EXT.: 7400
FISCAL IMPACT:
Expenditure Required: $ 72,750 Transfer Amendment: $ N/A
Amount Budgeted: $ 72,750 Revenue Generated: $ N/A
Total Project Budget: $ 189,050 City Share Total Project: $ N/A
SUMMARY OF ACTION:
In September 2013 the City entered into an Engineering Consultant Agreement with Northwest Management
Systems (NWMS) to perform a pavement condition survey of the City’s pavement network. The information
collected was entered into a database and evaluated using MTC pavement management system software.
NWMS then performed pavement condition index (PCI) calculations. A final report was prepared summarizing
the results and budget needs developed for scenarios identified by the City.
In order to efficiently and effectively address and prioritize the pavement repair and maintenance needs of
the City, as well as to maintain consistency in the pavement ratings themselves, an ongoing relationship with
NWMS is preferred. Having received assurance from NWMS that the pricing has not changed from that of our
previous consultant in 2008, a 4-year pavement condition survey agreement is recommended as follows:
Year
Task
Cost
2016
A walking survey of the entire City of Renton pavement network
$72,750
2017
A walking survey of every Arterial and Collector segment
$21,775
2018
A walking survey of the entire City of Renton pavement network
$72,750
2019
A walking survey of every Arterial and Collector segment
$21,775
Total:
$189,050
The funding for this project is within the 2016 adopted budget and will come from the Maintenance Services
Professional Services Account 003.000000.019.542.92.41.000.
AGENDA ITEM #6. b)
EXHIBITS:
A. Professional Services Agreement
B. 2014 Pavement Assessment
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a 4-year Engineering Consultant Agreement for pavement
condition survey services with Northwest Management Services for a total cost of $189,050.
AGENDA ITEM #6. b)
Page 1 of 14
CONTRACT AGREEMENT FOR
PAVEMENT CONDITION SURVEY SERVICES
THIS AGREEMENT, dated April 15, 2016, is by and between the City of Renton (the “City”), a
Washington municipal corporation, and Paul E. Sachs, a sole proprietor, d/b/a Northwest
Management Systems (“Consultant”). The City and the Consultant are referred to collectively in
this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective
as of the date executed by both Parties.
1. Scope of Services: Consultant agrees to provide a professional Pavement Condition
Survey on the entire City of Renton pavement network in Renton, Washington, as
specified in Exhibit “A”, which is attached and incorporated herein. The Scope of
Services may hereinafter be referred to as the “Services.”
2. Changes in Scope of Services: The City, without invalidating this Agreement, may order
changes to the Scope of Services consisting of additions, deletions or modifications, the
Compensation being adjusted accordingly consistent with the rates set forth in Exhibit
“B” or as otherwise mutually agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit “A”. All Services shall be performed by no
later than December 31, 2019.
4. Compensation:
A. Amount. Total compensation to Consultant for Services provided pursuant to this
Agreement shall not exceed $189,050, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Services actually performed
according to the rate(s) or amounts specified in Exhibit “B”. The Consultant agrees
that any hourly or flat rate charged by it for its Services shall remain locked at the
negotiated rate(s) unless otherwise provided in Exhibit “B”. Except as specifically
provided in this Agreement, the Consultant shall be solely responsible for the
payment of any taxes imposed by any jurisdiction or authority as a result of the
performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis, the Consultant
shall submit a voucher or invoice in the form specified by the City, including a
description of what Services have been performed, the name of the personnel
performing such Services, and any hourly labor charge rate for such personnel. The
AGENDA ITEM #6. b)
Page 2 of 14
Consultant shall also submit a final bill upon completion of all Services. Payment
shall be made on a monthly basis by the City only after the Services have been
performed and within thirty (30) calendar days after receipt and approval by the
appropriate City representative of the voucher or invoice. If the Services do not
meet the requirements of this Agreement, the Consultant will correct or modify the
work to comply with the Agreement. The City may withhold payment for such work
until the work meets the Agreement requirements.
C. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Services or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Services for which funds are allocated. No penalty or expense shall
accrue to the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving thirty (30) calendar days’ notice to the Consultant in writing. In the
event of such termination or suspension, all finished or unfinished documents, data,
studies, worksheets, models and reports, or other material prepared by the
Consultant pursuant to this Agreement shall be submitted to the City, if any are
required as part of the Services.
B. In the event this Agreement is terminated by the City, the Consultant shall be
entitled to payment for all hours worked to the effective date of termination, less all
payments previously made. This provision shall not prevent the City from seeking
any legal remedies it may have for the violation or nonperformance of any of the
provisions of this Agreement and such charges due to the City shall be deducted
from the final payment due the Consultant. No payment shall be made by the City
for any expenses incurred or work done following the effective date of termination
unless authorized in advance in writing by the City.
C. The Consultant reserves the right to terminate this Agreement with not less than
sixty (60) calendar days’ written notice, or in the event outstanding invoices are not
paid within thirty (30) calendar days.
D. If the Consultant is unavailable to perform the Services, the City may, at its option,
cancel this Agreement immediately.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Services identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Consultant further represents and warrants that all final work product that is
created for and delivered to the City pursuant to this Agreement shall be the original
work of the Consultant for which Consultant holds the title and intellectual property
AGENDA ITEM #6. b)
Page 3 of 14
rights. Consultant grants to the City a non-exclusive, perpetual right and license to use,
reproduce, distribute, adapt, modify, and display all such final work product.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Services provided in the
performance of this Agreement. The Consultant agrees to provide access to and copies
of any records related to this Agreement as required by the City to audit expenditures
and charges and/or to comply with the Washington State Public Records Act (Chapter
42.56 RCW).
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent
search of all records in its possession, including, but not limited to, e-mail,
correspondence, notes, saved telephone messages, recordings, photos, or drawings and
provide them to the City for production. In the event Consultant believes said records
need to be protected from disclosure, it shall, at Consultant’s own expense, seek judicial
protection. Consultant shall indemnify, defend, and hold harmless the City for all costs,
including attorneys’ fees, attendant to any claim or litigation related to a Public Records
Act request for which Consultant has responsive records and for which Consultant has
withheld records or information contained therein, or not provided them to the City in a
timely manner. Consultant shall produce for distribution any and all records responsive
to the Public Records Act request in a timely manner, unless those records are protected
by court order.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set
forth in this Agreement. The nature of the relationship between the Consultant and
the City during the period of the Services shall be that of an independent contractor,
not employee. The Consultant, not the City, shall have the power to control and
direct the details, manner or means of Services. Specifically, but not by means of
limitation, the Consultant shall have no obligation to work any particular hours or
particular schedule, unless otherwise indicated in the Scope of Work or where
scheduling of attendance or performance is mutually arranged due to publicized
classes or activities. Consultant shall retain the right to designate the means of
performing the Services covered by this agreement, and the Consultant shall be
entitled to employ other workers at such compensation and such other conditions
as it may deem proper, provided, however, that any contract so made by the
Consultant is to be paid by it alone, and that employing such workers, it is acting
individually and not as an agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
AGENDA ITEM #6. b)
Page 4 of 14
Program, or otherwise assuming the duties of an employer with respect to
Consultant or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,
the Consultant agrees to notify the City and complete any required form if the
Consultant retired under a State of Washington retirement system and agrees to
indemnify any losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, its agents, attorneys, elected officials, employees, insurers, officers,
representatives, and volunteers from any and all claims, demands, actions, suits, causes
of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages,
liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees,
costs, and/or litigation expenses to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising from,
resulting from, or in connection with this Agreement or the acts, errors or omissions of
the Consultant in performance of this Agreement, except for that portion of the claims
caused by the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to
RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence
relative to construction, alteration, improvement, etc., of structure or improvement
attached to real estate…) then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Consultant and the City, its officers, officials, employees and
volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any
kind to City employees or officials. Consultant also confirms that Consultant does not
have a business interest or a close family relationship with any City officer or employee
who was, is, or will be involved in selecting the Consultant, negotiating or administering
this Agreement, or evaluating the Consultant’s performance of the Services.
12. City of Renton Business License: The Consultant shall obtain a City of Renton
Business License prior to performing any Services and maintain the business license in
good standing throughout the term of this agreement with the City. More information
AGENDA ITEM #6. b)
Page 5 of 14
regarding requirement to register with the State of Washington Department of Revenue
can be found on the web at:
http://dor.wa.gov/content/doingbusiness/registermybusiness/
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Services delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Services provided by a licensed professional or those Services that require a
professional standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased,
hired or non-owned, with minimum limits of $1,000,000 per occurrence combined
single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by
or on behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies
shall not be a source for payment of any Consultant liability, nor shall the
maintenance of any insurance required by this Agreement be construed to limit the
liability of Consultant to the coverage provided by such insurance or otherwise limit
the City’s recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Services.
G. Consultant shall provide the City with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
AGENDA ITEM #6. b)
Page 6 of 14
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return
receipt requested, by facsimile or by nationally recognized overnight courier service.
Time period for notices shall be deemed to have commenced upon the date of receipt,
EXCEPT facsimile delivery will be deemed to have commenced on the first business day
following transmission. Email and telephone may be used for purposes of administering
the Agreement, but should not be used to give any formal notice required by the
Agreement.
City of Renton:
Patrick Zellner, Street Maintenance Services
Supervisor
3555 NE 2nd Street
Renton, WA 98055-4192
Phone: (425) 430-7400
PZellner@rentonwa.gov
Fax: (425) 430-7376
Consultant:
Paul E. Sachs
d/b/a Northwest Management Systems
3302 North 7th Street
Tacoma, WA 98406
Phone: (253) 219-8904
pesachs@aol.com
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Services performed or to be performed under this Agreement,
shall not discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation or preference, age (except minimum age and
retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona
fide occupational qualification in relationship to hiring and employment, in
employment or application for employment, the administration of the delivery of
Services or any other benefits under this Agreement, or procurement of materials or
supplies.
B. The Consultant will take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. 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.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
AGENDA ITEM #6. b)
Page 7 of 14
D. The Consultant is responsible to be aware of and in compliance with all federal,
state and local laws and regulations that may affect the satisfactory completion of
the project, which includes but is not limited to fair labor laws and worker's
compensation.
18. Independent Consultant: Consultant’s employees, while engaged in the performance of
any of Consultant’s Services under this Agreement, shall be considered employees of
the Consultant and not employees, agents, representatives of the City and as a result,
shall not be entitled to any coverage or benefits from the City. The Consultant’s relation
to the City shall be at all times as an independent consultant. Any and all Workman’s
Compensation Act claims on behalf of Consultant employees, and any and all claims
made by a third-party as a consequence of any negligent act or omission on the part of
Consultant’s employees, while engaged in Services provided to be rendered under this
Agreement, shall be solely the Consultant’s obligation and responsibility.
19. Record Keeping and Reporting: Consultant shall maintain accounts and records which
properly reflect all direct and indirect costs expended and Services provided in the
performance of this Agreement. Consultant agrees to provide access to any records
required by the City.
20. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses.
C. Consultant shall furnish all tools and / or materials necessary to perform his / her
Services.
D. Except as otherwise provided in the Services, Consultant shall not be required to
provide tools and / or materials for the participants / students in classes provided as
Services.
E. In the event special training, licensing, or certification is required for Consultant to
provide Services he / she will acquire or maintain such at his / her own expense and,
if Consultant employs, sub-contracts, or otherwise assigns the responsibility to
perform the Services, said employee / sub-contractor / assignee will acquire and or
maintain such training, licensing, or certification.
F. This is a non-exclusive agreement and Consultant is free to provide his / her Services
to other entities, so long as there is no interruption or interference with the
provision of Services called for in this Agreement.
G. Consultant is responsible for his / her own insurance, including, but not limited to
health insurance.
H. Consultant is responsible for his / her own Worker’s Compensation coverage as well
as that for any persons employed by the Consultant.
AGENDA ITEM #6. b)
Page 8 of 14
21. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s contract manager is Patrick
Zellner, Street Maintenance Services Supervisor. In providing Services, Consultant
shall coordinate with the City’s contract manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Services
in accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington, or its replacement or successor.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
AGENDA ITEM #6. b)
Page 9 of 14
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Services is essential to the Consultant’s performance
of this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
L. Assigns and Successors. The Parties each bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement,
and to the partners, successors, assigns, and legal representatives of such other
party with respect to all covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either
party’s failure to enforce any provision of this Agreement shall not be a waiver and
shall not prevent either the City or Consultant from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision
of this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Denis Law
Mayor
Paul E. Sachs
A sole proprietor d/b/a Northwest
Management Systems
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
AGENDA ITEM #6. b)
Page 10 of 14
Approved as to Legal Form
_______________________________
Lawrence J. Warren
Renton City Attorney
AGENDA ITEM #6. b)
Page 11 of 14
EXHIBIT “A”
The Contractor shall do or provide the following:
Task A. Kickoff Meeting
Northwest Management Systems (NWMS) will first meet with the City to kick off the project. At
this kickoff meeting, NWMS will review the technical approach with City staff, and cover any
administrative items that may be necessary. Items to be discussed include:
Scope of work
Project schedule
Budgets
Points of contacts
Existing maps
Format for the reporting of the data
Task B. Condition Surveys & PCI Calculations
NWMS will perform a pavement condition survey on the entire City of Renton’ pavement
network in 2016 and 2018 to include State Routes and Alleys. In 2017 and 2019, NWMS will
perform a condition survey on all of the City of Renton’s Arterials and Collectors (See the
attached map). Like many Puget Sound Communities, Renton has a pavement network that is
subjected to high volumes and heavy loads from the surrounding area. The distresses present
are reflective of the traffic levels, as well as the environment and climate. Common distresses
include alligator cracking, rutting, distortions, patches and utility cuts as well as weathering and
raveling.
The distress types to be collected will include:
• Alligator Cracking
• Longitudinal Cracking
• Transverse Cracking
• Weather and Raveling
• Rutting
• Utility Cuts and Patches
Other distress types can be identified and added to be collected at the kickoff meeting as
outlined in Task A.
A walking survey on each of the segments’ in the City of Renton will be performed in 2016 and
2018. In 2017 and 2019 a walking survey will be performed on every Arterial and Collector
segment. 100 % of the street will be rated. Any areas that are not typical of the entire section
will be inspected and recorded as a special sample unit.
AGENDA ITEM #6. b)
Page 12 of 14
Typically, a one-person crew will perform the condition surveys. On four or five lane streets a
two person team may be used. The distress data will be recorded in the field using a PDA.
NWMS will be responsible for providing all equipment necessary for performance of this task.
All information collected from the condition surveys will then be entered into the MTC
pavement management database. This task shall be performed at NWMS’ office in order to
provide quality control of all data entered into the system. NWMS recommends this procedure
over data entry in the field to avoid errors and to provide backup forms of all information
recorded in the field.
NWMS will then perform the pavement condition index (PCI) calculations using the MTC
pavement management system software, and correct any errors found. The PCI may then be
used in the pavement performance models and in the budgetary analyses.
Task C. Budgetary Analysis & Final Report
In this task, we will perform all budgetary analyses including Budget Needs and Budget
Scenarios, and prepare a final report for the City of Renton.
All assumptions used for this analysis will be reviewed by City Staff prior to starting the analysis.
The City of Renton will confirm the cost information to be used in the analysis.
Budget Needs
NWMS will perform a Budget Needs Analysis to identify Maintenance & Rehabilitation (M&R)
recommendations for each street section and a cost estimate for the recommended work.
More than one deterioration curve will be used (i.e. low volume residential streets v. higher
volume arterial streets with truck traffic. The Needs Analysis will identify road sections that
need treatment and will apply M&R decision trees to each section. Recommendations will
identify the timing of treatments such as crack sealing and surface seals and when a grind and
overlay may be required with or without the application of the surface sealing and crack
sealing.
These recommendations will form the basis for the Budget Scenarios or “What if” module that
optimizes the pavements for repair once future budget assumptions are identified.
Project Priorities
NWMS will identify a prioritized list of projects for the City, based on input from City staff
identifying constrained budgets in future years. NWMS shall also provide recommendations for
an unconstrained pavement maintenance and rehabilitation program. The reports from this
module will form the basis for a capital improvement plan (CIP) and a maintenance work plan.
AGENDA ITEM #6. b)
Page 13 of 14
Upon completion of this task, NWMS will provide a final report to the City of Renton
summarizing all results. This final report will include the following:
Inventory reports for each pavement section
Pavement Condition report for each section in the City’s network.
Maintenance & Repair Recommendations for each section
Budget Needs
Annual expenditures recommended by calendar year
A prioritized list of those street segments that will benefit most from pavement
maintenance (i.e. cracking sealing & slurry seals)
After review and comment by the City, NWMS will provide one copy of the final PMS reports to
the City of Renton reflecting all edits requested by the City.
Task D. Executive Summary and Presentations
In addition, NWMS will prepare an Executive Summary as well as prepare a presentation for
City Council or whomever the City desires.
The Executive Summary will focus on the budgetary analyses performed. It will be a short 15-
page summary.
The presentation to Council or other funding authorities is similarly short. Typically, since the
audience is non-technical, graphs are used to illustrate the results, and more importantly, the
consequences of any decisions made on funding. Depending on the City’s needs, NWMS may be
asked to prepare 15 minute formal presentations for Council, and more detailed 1-hour long
presentations to City technical staff.
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SE 196th St
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S 202nd St
NE 12th St
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S Myrtle St
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S Orchard St
S 202nd St
NE 6th St
NE 10th St
S Rose St
S Fontanelle St
S Leo St
SE 164th St
S Willow St
8 4 t h
A v e
S E
S 192nd St
S Garden St
S Kenyon St
S Rose St
7 8 t h
A v e
S E
5 3 r d
A v e
S
S Holly St
S
1
8
4
t
h
S
t
S Chicago St
E Va
l
l
e
y
H
w
y
15
0t
h
P
l
S
E
SE 116th St
Newcastle Way
S Thistle St
S 190th St
U n i o n
A v e
N E
SE 204th St
Holy
o
k
e
Pl
S
8 4 t h
A v e
S
S 143rd St
NE 5thPl
SE
80th
W
ay
S 6th St
6 8 t h A v e
S
S 199th Pl
S
E
RentonIssaquah
Rd
S 190th St
S Kenyon St
N E P a r k D rSAvonSt
6 4 t h
A v e S
S114thSt
6 6 t h A v e S
SW 7th St
N
E11th P l
S
E
FairwoodBlvd
8
0
t
h
P
l
S
SE183 r d P l
An
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P
a
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W
1
2 0 t h
P l S E
S23rd
S
t
S E 92ndSt
S Warsaw St
S Fletcher St
N i l e
A v e
N E
Southc
e
n
t
e
r
B
l
v
d
S 170th St
SE156th St
6 4 t h
A v e
S
T a l b o t R d S
5 1 s t
A v e
S
SE 1
7
3
r
d
S
t
SE86thPl
5 5 t h
A v e
S
Arrowsmith
Ave
S
NE SunsetBlvd
SE106th St
1 1 6 t h
A v e
S E
S 2nd St
S 200th St
MapleValleyHwy
Klicki
t
a
t
D
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NE 4th St
1 3 1 s t A v e S E
S Hazel St
SE 72nd St
1
7
1
s
t
P
l
S
E
6 2 n d
A v e
S
SE 184th St
S E 201s t P l
SE 192nd St
5 6 t h
A v e
S
1 4 7 t h
P l
S E
SE 1 8 1stSt
S 23rd St
SE 200th St
5 7 t h A v e S
SE 21st St
1 2 8 t h P l S
E
5 6 t h A v e S
SE 100th St
5 3 r d
A v e
S
5 1 s t
A
v e S
6 6 t h
A v e
S
1 1 1 t h P l
S E
S Tobin St
WatersAveS
S E 176th
P
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139th
A
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S
E
1
3
4
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A v e S E
SE198thSt
C a s c a d e A v e S
N E 2 1st St
NE 20th St
S 152nd St
SE74thSt
SE 158thSt
SELicoriceWay
NE27thSt
S E 166thPl
E Me r c e r W a y
S 115th Pl
S E 7 5 t h S t
S178thSt
1 2 7 t h A v e S E
9 2 n d
A v e
S
N E 7 t h P l
T
a
y
l
o
r
P
l
N
W
SE 184th St
Field
Pl
N
E
NE 21st St
SE 65th Pl
N 42nd Pl
SE 1 71st Pl
L i n d A v e
S W
S 196th St
SE148thSt
SE 195thPl
Treck Dr
SE 6t
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S
t
S
E 182nd Pl
R
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A
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P
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A
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1 5 0 t h L n SE
1 3 2 n d
P l S E
1 2 9 t h P l S E
SE 91st St
NE 4th St
ForestDrSE
S
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P
k
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1 6 2 n d
A v e
S E
S 19th St
S
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Blvd
1 4 8 t h
A v e
S E
SE 149thSt
S E 188th S t
NE 19th St
M a i n
A v e
S
S 193rdSt
S W G r a d y W a y
S192nd St
SE 80th St
BeaconAveS
S 184th St
SE1 62nd Pl
R a y m o n d
A v e
S W
SE 121st Pl
H a r d i e A v e S W
B l a i n e
A v e
N E
NE 6th Pl
SE120thSt
5 7 t h
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Pin
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5 1 s t
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S
Upland Dr
S E 191st Pl
H ous er W ay S
1 6 2 n d
A v e S E
SE 165th
St
S 132nd St
Fact
ory
PlN
S 125th St
N 3rd St
Segale
P
a
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C
D
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SE 184thPl
8 2 n d
A v e
S
6 4 t h
A v e
S
1 2 8 t h
A
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S E
SE 168th St
1 2 7 t h
P l
S
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S160thSt
S E 167t h St
Q u i n c y A v e N E
SAvonSt
S 129
t
h
S
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SE 78th St
SE
67thSt
10 8 th L n
S E
5 6 t h A v e S
S 5th St
Pea rTreeLn
S 137 th S t
S 7th St
4 9 t h
A v e
S
S E 7 3 r d Pl
M e a d o w
A v e
N
Ro
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P
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6 9 t h P l S
1 7 8 t h
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S E 18 6 thWay
1 2 5 t h A v e
S E
L o g a n
A v e
S
SE Petro
v
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s
k
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R
d
S164th St
S 15th St
U n i o n
A v e
S E
7 0 t h P l S
S 128th St
SE 73rd St
Tukwila Pkwy
S
E71st S t
NE 17thPl
Strander Blvd
S
P
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t
D
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S E 1 4 1 s t S t
SE 128th St
S Cloverdale S t
B r e m e r t o n A v e
N E
6
5
t
h
A
v
e
S
N 34th St
SW
SunsetBlvd
S 194th Pl
SE 2nd Pl
SE 80th St
SE 176th St
H i g h
A v e
S
S 147th St
S E 1 7 7th Pl
SE 14
8
t
h
S
t
S h a d o w
A v e
N E
NE 10th St
NE 9th Pl
SE 2ndPl
N 29th St
N 36th St
F r a g e r R d
E
a
g
leLnS
8 7 t h
A v e
S
N 28th St
SLangston Rd
7 8 t h A v e
S
SE 72nd Pl
SE 70thSt
SW 4th Pl
S 50th P l
5 7 t h
A
v e
S
SE 202nd Pl
S 168th St
SWLangstonRd
NE 5thPl
NE 9th St
NE 8th Pl
56t
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P
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S
Is
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C
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W
a
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M i l i t a r y
R d
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S E 67th S t
J e r ic
h o
A v e
N E
SE89thPl
NE 20th St
6 8 t h
A v e
S
S
L
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NE 5 t h St
9
6
t
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A
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1
29th
A
v
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S
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144th
A
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S
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NE 3rd Ct
NE25th Pl
SE1
9
t
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P
a
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D
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S
1
2
9
t
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P
l
S
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NE23rd Pl
NE 17th St
S h a t t u c k A v e
S
S18thSt
NE 2nd Pl
M o n r o e
A v e
N E
SW 5th P
l
SE 158th St
1 6 8 t h
A v e
S E
SE144th
S
t
8 2 n d
A v e
S E
SE 164th St
8 0 t h A v e
S
F a c t o r y
A v e
N
1 4 7 t h
A v e
S E
S203rd St
1 5 5 t h A v e S E
5 5 t h
A v e
S
SW 16th St
S E 133rd St
SE 76 t h S t
S E 1 1 t h St
1 0 9 t h
A v e
S E
5 3 r d
A v e
S
SE 176th Pl
N 2nd St
M a i n
A v e
S
S 188th St
SE 180th St
N 6th St
NE 3rd Ct
NE2nd St
7 6 t h
A v e
S
SECou g a r Mountain
Dr
1 4 0 t h
A v e
S E
SE174th St
SE75th
P
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Inter
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A
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S
11
4
t
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P
l
S
E
SE156th S t
N 4th St
NE 1st Ct
N 5th St
S 4 8 t h St
S 194th St
S Longacres Way
SE 165th St
NE5thSt
SE 93r d S t
63rd
Ave
S
SE 170th St
S E
1 5 9 t h Pl
S Ryan St
SE 2nd Pl
SE 76th St
1 1 4 t h
A v e S E
1 4 4 t h
A v e
S E
1 2 0 t h A v e
S E
S Creston St
S 37th Pl
1 5 2 n d
A v e
S E
N 2nd St
SE 160th St
9 2 n d P l
S E
S 115th St
W e l l s
A v e S
5 9 t h
A v e
S
Clover
d
a
l
e
P
l
S
W i l l i a m s
A v e N
NE 7th Pl
SE 2nd St
NE 8th St
S 4th St
SE 117thSt
A b e r
d
e e n A v e S E
1 4 0 t h
A v e
S E
SE 200th St
1
2
9
t
h
Ave
SE
SE 194thSt
SE184t h Ln
SE 108thSt
B r o n s o n Wa y N
S 118th Pl
1 5 6 t h A v e
S E
1 0 2 n d
A v e
S E
S 202nd St
6 0 t h
A v e
S
NE 3rd Pl
NE 8th St
SE 3rd St
M o n r o e A
v
e
S
E
S 9th St
1 0 8 t h
A v e
S E
S 120thPl
1 2 3 r d
A v e
S E
S E 84 t h W a y
SE 136th St
SE 95th Way
SE 144th St
1
3
4
t
h
A
v
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S
E
SE 12thSt
S
2
6
thSt
5 7 t h
A v e
S
L i n d
A v e
N W
S Othello St
SLakeridgeDr
NE 9th St
NE 4th Ct
S 114th St
NE24thSt
SE134th St
SE 177th S t
SE157thPl
M o r r i s
A v e
S
SE 172nd St
A n a c
o r t e s
A v e
N E
SE 180th St
NE 1s t St
A v a l o n P l
N 32nd St
1
06th
P
l
S
E
1 1 7 t h
A v e S E
NW 7th St
6
6th
A
veS
SE 174th St
S116thPl
SE89th St
S
E
7
0th
Pl
6 5 t h
A v e
S
9
8
t
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A
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S
SE 172nd Pl
S E 82 n d S t
N
a
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s
A
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S
W
6 4 t h
P l
S
S 50thSt
SE Jone s Rd
N 1
s
t
S
t
NE 12th St
L o t u s P l S
L
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o
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NE 1stPl
N E 11thSt
1
1
2
t
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P
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S
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S h e l t o n A v e N E
17
7
t
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P
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S
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SE151stSt
SE 91stSt
L a k e
A v e
S
NE 19thSt
M
ontere
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Pl
N
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SE 204th S t
SE163rdSt
SE 202nd St
6 8 t h
A v e
S
1 2 9 t h
A v e S E
1
3
3
r
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A
v
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S
E
SE 77th P l
L y o n s A v e
N E
S 3 6 t h St
S 124th St
SE 134th St
Ho
u
s
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r
W
a
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N
SE165th Way
SERoyalHillsDr
1 3 4 t h L n S E
1 5 2 n d
P l
S E
NE 6 t h P l
S 180th St
N26th St
N 40th St
S 204th St
8 4 t h
A v e
S
HemlockDr
S 123rd St
S E O l d P e t rovitsky
Rd
NE 1st St
SE145thPl
D a y t o n
A v e
N E
129th
P
l
S
E
S 27th St
NE 25th St
NE 4th Pl
Minkler Blvd
W o o d l e y
A v e S
SE 184th StSE 183rd St
C
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a
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C
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e
e
k
P
k
w
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S
E
SE 4 t h S t
SW 41st St
SE 164th Pl
S 21st St
S 38th Ct
Gem
D
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S
E
1 1 8 t h A v e
S E
N 30th St
SE 71stSt
5 2 n d
A v e
S
I
n
d
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x
Ave
S
E
S 2 7 t h P l
5 9 t h
A v e
S
SE 71stSt
SE 1 8 4 th Pl
13
6
t
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P
l
S
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Be
a
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W
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S
W e l l s
A v e
N
SE 172ndSt
1
5
9th
Ave
SE
N E 8 t h S t
135th
A
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S
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Fernd a l e A v e
N E
5
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P
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S
1
3
7
t
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A
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S
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NE1stSt
6 3 r d
A v e
S
S 187th St
S 204thSt
1 3 5 t h A v e
S E
N 27th Pl
6 2 n d
A v e
S
NE 3rd St
SE 98th S t
P a t r i o t
W a y
S E 8 4 t h S t
1
3
5
t
h
A
v
e
S
E
SE 190th St
FerndaleAveSE
S E 2 nd Ct
NE2ndCt
SE 1 9 1 s t S t
8 1 s t
A v e
S
6 1 s t
A v e
S
8 0 t h
A v e
S
NE 24th St
7 8 t h
A v e
S
S E 1 6 th Pl
S G r a d y W a y
NE 35th Pl
1 3 6 t h P
l
S E
S 112th St
SE 173rd
P
l
S E 167th S t
SE165thPl
S 116th St
SE 184th St
NE 28th St
141st PlSE
NE 36thSt
S 118th St
4 8 t h
A v e
S
NE 2nd Ct
NE
1
0thCt
S Henderson St
1 3 0 t h A v e S E
S 149th St
S 4th Pl
S 153rd St
S 25th St
14
9
t
h
P
l
S
E
H
i
l
lcre
s
t
L
nNE
9 2 n d
A v e
S E
NE 7thPl
1 1 7 t h A v e
S E
NE 28th St
SE18thPl
S E F a irwood Blvd
S 124th St
S Pre n t i c e S t
SE186thPl
1
1
9
t
h
L
n
SE
N E 8th Pl
NE 8th St
S 124th St
S E 1 80thPl
NE 10th St
Be
a
c
o
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W
a
y
S
E
NE 5th Pl
NE 24th St
SE178th
S
t
NE 8th St
Q u e e n
A v e
N E
SE65th S t
SE 183rd St
SE 169th St
N Par
k
D
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1 0 6 t h
A v e
S E
7
4th
P
lS
SE 186th St
S 1 4 t h S t
7 1 s t
A v e
S
SE 140th St
SE 3rdSt
1 4
2
n
d
P l S E
SE 76th St
SE 161st St
S 114th St
SE 204th W
a
y
SE 132nd St
W
o
o
d
s
i
d
e
D
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S
E
9
8
t
h
A
v
e
S
An
d
o
v
e
r
P
a
r
k
E
S Glacier St
SE 157th St
SE 16th Pl
S 117th St
N E 25thSt
1 1 3 t h
A v e
S E
NE 9th St
Midland Dr
SE 86th St
NE 17th St
1 0 8 t h
A v e
S E
SE83rdPl
6
1
st
A
v
e
S
NE 10th Pl
5 9 t h
A v e
S
SE 204th Pl
SE181stSt
NE 8 t h
P
l
7 6 t h
A v e S
1 1 4 t
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A
v
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S E
SE 22nd Pl
SE74th
Pl
5
0
t
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P
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S
P o w e l l
A v e
S W
N E 1st St
SE 171st Pl 15
9
t
h
P
l
S
E
SW 19th St
SW 4th Pl
1
5 4 t h
A v e
S E
SW 43rd St
S 115th St
S E C a r r R d
NE 2nd St
1 2 8 t h
A v e S E
S Morgan St
S E 165thSt
E a r l i n g t o n A v e S W
SE 200th St
K e n n e w i c k
A v e
N E
SE 178th Pl
SW 10th St
S 116th St
SE 71st St
R
ailr
o
a
d
A
ve
S166th St
1 7 2 n d
A v e
S E
S159th St
1 2 2 n d P l S E
M
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t
e
r
e
y
DrNE
1 1 8 t h
A v e
S E
NE 20thSt
8 0 t h
A v e
S
W i n d s o r W a y NE
S 130th S t
S Juniper St
1 4 5 t h
A v e S E
S Wallace St
Puge
t
D
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S
E
L o g a n A v e N
1
4 3 r d
P l
S E
5 6 t h
A v e
S
SE 136th St
126thPlSE
S 168th S t
R o w a n R d S
NE 7th Pl
S 2nd St
Q u i n c y
A v e
N E
S E 176th Pl
H
o
u
s
e
r
W
a
y
N
5 6 t h
A v e S
SE 181st S t
SE87th P l
S Pilgrim St
S 121st St
SE 9 1 s t S t
S 124th St
M o r r i s
A v e
S
155thPlSE
SE 2nd Pl
SE 170th St
SE155th Pl
8 0 t h
A v e
S E
NE 16th S
t
9
4
t
h
A
veS E
S R y a n Way
1 0 3 r d A v e S E
S 1 2 7 t h S t
SE78th
St
7 7 t h
A v e
S
CedarRidge
Dr
S
E
15
6
t
h
P
l
S
E
SE64th S t
SWVictoriaSt
SE 170th St
I-
5
F
w
y
SR518
SE 113th St
H o q u i a m
A v e
N E
S118thPl
S151st St
S31st St
5 6 t h
A v e
S
S116th St
16
4
t
h
P
l
S
E
S 3rd Pl
SE 160th St
SE 190th St
SE 4th St
SLaurelSt
S 120th St
SERenton Maple Valley Rd
NE 22nd St
NE 11th St
6 0 t h
A v e
S
SE1 9 6 t h D r
6 0 t h A v e
S S 126th St
S132nd St
98
t
h
P
l
S
R a i n i e r
A v e
S
SE179th St
SE 5thSt
SE 170th St
NE 10th Pl
SE 135thSt
S 112th St
S E 9 0t h S t
7 0 t h A v e
S
1 4 3 r d
A v e
S E
B
e
n
s
o
n
D
r
S
DixonDrS
SE 182nd St
N i l e
A v e
N E
1 5 8 t h
A v e
S E
SE168thSt
Baker Blvd
7 2 n d
A v e
S
NE 23rd St
S
e
n
e
c
a
AveNW
SE 1 4 2 n d P l
SE 78th St
SE 138th Pl
4 8 t h
A v e
S
1 1 3 t h
P l S
E
GardenPlS
S Bond St
S 43rd St
S 2 7 t h S t
S 47th St
SE 204th Pl
S
E
Ma
yValleyRd
ForestAveS
SE 67th St
S 125thSt
SE63r d S t
NE 22nd Pl
Bir
c
h
D
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M e a d o w
A v e
N
SE 8th Pl
SE 185thPl
SE175thS t
S 139th St
M
ill
A
v
e
S
S E 1 8 7thPl
Triland Dr
J e f f e r s o n
A v e
N E
N i l e A v e
N E
NE 20th Pl
N 8th St
S 1 2 6 t h S t
S TaftSt
S 182nd St
NE 23rd St
SE 2n d St
LutherAveS
SE
1
6 7 t h P l
N Landing Wa y
S 55th St
7 9 t h
A v e
S
5 5 t h
A v e
S
1 2 1 s t
A v e S E
1 3 3 r d P l
S E
NE23rd Pl
S200th S t
E a s t L a k e D e s i r e D r
S E
S 117th Pl
M o r r i s A v e S
1 7 7 t h A v e
S E
15 4th AveSE
1 2 1 s t Av
e
S E
SW 13th St
10
4
t
h
P
l
S
E
NE 12th St
11 8 t h A v e S E
SW 39th St
Je
r
i
c
h
o
P
l
N
E
S 113th St
SE 88th St
NewcastleGolfClubRd
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1 4 8 t h A v e S E
SW 12th St
5 7 t h
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N 36th St
S 122nd St
S 113th St
S 119th St
1 1 0 t h
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S 182nd St
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N E 43rd St
7 5 7 t h A v e N E
NE 17thPl
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N 37th St
S 117th St
S 115th Pl
NE 9thPl
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NE 2 6 th St
60thLnS
N 38th St
SW 27thSt
NE 11th Ct
SE154thSt
S 194th St
SE 135th St
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City of RentonCity of Renton2014 Pavement Assessment2014 Pavement Assessment
This document is a graphic representation, not guaranteedto survey accuracy, and is based on the best informationavailable as of the date shown. This map is intended forCity display purposes only.
Pavement Pavement Condition IndexCondition Index
1 - 30
31 - 50
51 - 70
71 - 80
81 - 100
Renton
Data Sources: City of Renton, King County
This map developed and produced by:Information Technology - GISmapsupport@rentonwa.govPrinted on: 04/18/2016
AGENDA ITEM #6. b)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING
RESOLUTION NO. 4279 TO CLARIFY THAT PORTIONS OF SUNSET LANE NE,
GLENNWOOD AVENUE NE, HARRINGTON AVENUE NE AND NE 10T" STREET
MAY BE PERIODICALLY AND TEMPORARILY CLOSED AS LONG AS SUCH
CLOSURES ARE NECESSARY FOR THE COMPLETION OF THE SUNSET LANE NE
IMPROVEMENT PROJECT.
WHEREAS, on March 21, 2016, the Council passed Resolution No. 4279, which
authorized periodic temporary closures of Sunset Lane NE, Glennwood Avenue NE, Harrington
Avenue NE and NE
10th Street in order to complete the Sunset Lane NE Improvement Project;
and
WHEREAS, Resolution No. 4279 anticipated the periodic temporary closures would take
place in two phases. The first phase of closures was projected to take up to 120 days and the
second phase of closures was projected to take up to 150 days; and
WHEREAS, the periodic temporary lane closures for each phase may extend beyond the
120 and 150 day time periods expressed in Resolution No. 4279 due to the number of"working
days"the project contractor is permitted to complete the project;
NOW,THEREFORE,THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. Resolution No. 4279 is amended to clarify that the periodic temporary
closures authorized by Resolution No. 4279 are authorized to continue for as long as the Public
Works Department deems such closures necessary to complete the Sunset Lane NE
Improvement Project. All other provisions of Resolution No. 4279 remain unchanged.
1
AGENDA ITEM # 8. a)
RESOLUTION NO.
PASSED BY THE CITY COUNCIL this day of 2016.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of 2016.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
RES:1705:4/11/16:scr
2
AGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING A
CONTRACT WITH RABANCO LTD., DBA REPUBLIC SERVICES OF KENT, FOR
COMPREHENSIVE GARBAGE, RECYCLABLES, AND COMPOSTABLES COLLECTION
THROUGHOUT THE CITY OF RENTON, WASHINGTON; TERMINATING THE
FRANCHISES GRANTED PURSUANT TO ORDINANCE NOS. 5618 AND 5619; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 5618, dated August 8, 2011, the City granted unto
Rabanco, Ltd. a franchise for comprehensive garbage, recyclables, and compostables collection
within certain annexation areas in the City of Renton; and
WHEREAS, by Ordinance No. 5619, dated August 8, 2011, the City granted unto Fiorito
Enterprises, Inc. and Rabanco Companies, a franchise for comprehensive garbage, recyclables,
and compostables collection within certain annexation areas in the City of Renton; and
WHEREAS, all other areas of the City receive garbage, recyclables, and compostables
collection services through a contract with Waste Management, Inc., which is currently
scheduled to terminate on February 1, 2017; and
WHEREAS, the City conducted a competitive process to replace the expiring contract
with Waste Management, Inc.; and
WHEREAS, through the competitive process, the City selected Rabanco, Ltd., dba
Republic Services of Kent, to provide garbage, recyclables, and compostables collection
throughout the City of Renton; and
WHEREAS, Rabanco, Ltd., dba Republic Services of Kent, represented to the City that it
wishes to and has authority to terminate and replace the franchise rights granted by the City in
Ordinance Nos. 5618 and 5619 on behalf of the franchisees named therein; and
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
2
WHEREAS, the City and Rabanco, Ltd., dba Republic Services of Kent, intend to replace
the previous franchise rights granted under Ordinance Nos. 5618 and 5619 with the
Comprehensive Garbage, Recyclables, and Compostables Collection Contract attached hereto
as Exhibit A;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. The Council does hereby authorize the Mayor to enter into the
Comprehensive Garbage, Recyclables and Compostables Collection Contract attached and
incorporated herein as Exhibit A.
SECTION II. Subject to Rabanco, Ltd.’s acceptance of the Comprehensive Garbage,
Recyclables, and Compostables Collection Contract, and the existing franchisees’
acknowledgement and acceptance thereof, the franchise rights granted under Ordinance Nos.
5618 and 5619 shall be discontinued and replaced as set forth in Exhibit A.
SECTION III. This ordinance shall be in full force and effect five (5) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordnance’s title.
PASSED BY THE CITY COUNCIL this _______ day of _____________________, 2016.
Jason A. Seth, City Clerk
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
3
APPROVED BY THE MAYOR this _______ day of _____________________, 2016.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1918:4/19/16:scr
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
EXHIBIT A
Comprehensive Garbage, Recyclables and Compostables
Collection Contract
Between City of Renton and
Rabanco, Ltd., dba Republic Services of Kent
AGENDA ITEM # 8. b)
COMPREHENSIVE
GARBAGE, RECYCLABLES, AND
COMPOSTABLES COLLECTION
CONTRACT
City of Renton
and
Rabanco Ltd., dba Republic Services of Kent
February 1, 2017 – March 31, 2027
AGENDA ITEM # 8. b)
Comprehensive Garbage, Recyclables, and Compostables
Collection Contract
Table of Contents
City of Renton ii April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
RECITALS ............................................................................................................................................ 1
AGREEMENT ....................................................................................................................................... 1
DEFINITIONS ....................................................................................................................................... 2
2. CONTRACTOR REPRESENTATIONS AND WARRANTIES....................................................................... 6
3. SCOPE OF WORK ............................................................................................................................. 7
3.1 GENERAL COLLECTION SYSTEM REQUIREMENTS.............................................................................................. 7
3.1.1 Service Area ................................................................................................................................... 7
3.1.2 Annexation .................................................................................................................................... 7
3.1.3 Service to Residences on Private Roads and Driveways ................................................................ 7
3.1.4 Hours/Days of Collection ............................................................................................................... 8
3.1.5 Employee Conduct ......................................................................................................................... 8
3.1.6 Disabled Persons Service ............................................................................................................... 9
3.1.7 Holiday Schedules .......................................................................................................................... 9
3.1.8 Inclement Weather ........................................................................................................................ 9
3.1.9 Suspending Collection from Problem Customers......................................................................... 10
3.1.10 Missed Collections ..................................................................................................................... 11
3.1.11 Same Day Collection .................................................................................................................. 11
3.1.12 Requirement to Recycle and Compost and Quality Assurance.................................................. 11
3.1.13 Routing, Notification and Approval ........................................................................................... 12
3.1.14 Vehicle and Equipment Type/Age/Condition/Use ..................................................................... 13
3.1.15 Container Requirements and Ownership .................................................................................. 15
3.1.15.1 Garbage, Recyclables, and Compostables Carts ................................................................................................ 15
3.1.15.2 Detachable Containers and Drop-box Containers ............................................................................................. 16
3.1.15.3 Ownership .......................................................................................................................................................... 17
3.1.15.4 Container Colors and Labeling ........................................................................................................................... 17
3.1.15.5 Container Weights .............................................................................................................................................. 18
3.1.15.6 Container Removal Upon Renton’s or Customer Request ................................................................................ 18
3.1.16 Inventory of Vehicles and Facilities ........................................................................................... 19
3.1.17 Spillage ...................................................................................................................................... 19
3.1.18 Pilot Programs ........................................................................................................................... 19
3.1.19 Disruption Due to Construction ................................................................................................. 20
3.1.20 Contractor Planning and Performance Under Labor Disruption ............................................... 20
3.1.21 Site Planning and Building Design Review ................................................................................ 22
3.1.22 Safeguarding Public and Private Facilities ................................................................................ 22
3.1.23 Transition and Implementation of Contract .............................................................................. 22
3.1.24 Hiring Preference ....................................................................................................................... 23
3.1.25 Performance Review .................................................................................................................. 23
3.1.26 Continual Monitoring and Evaluation of Operations ................................................................ 24
3.1.27 Collection/Disposal Restrictions ................................................................................................ 24
3.1.28 Direct Disposal Payment ........................................................................................................... 25
3.1.29 Emergency Response ................................................................................................................. 25
3.2 COLLECTION SERVICES .............................................................................................................................. 25
3.2.1 Single-Family Residence Garbage Collection ............................................................................... 25
AGENDA ITEM # 8. b)
Comprehensive Garbage, Recyclables, and Compostables
Collection Contract
Table of Contents
City of Renton iii April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
3.2.1.1 Subject Materials ................................................................................................................................................. 25
3.2.1.2 Containers ............................................................................................................................................................ 26
3.2.1.3 Specific Collection Requirements ........................................................................................................................ 26
3.2.2 Single-Family Residence Recyclables Collection .......................................................................... 27
3.2.2.1 Recyclable Materials ............................................................................................................................................ 27
3.2.2.2 Containers ............................................................................................................................................................ 27
3.2.2.3 Specific Collection Requirements ........................................................................................................................ 27
3.2.3 Single-Family Residence Compostables Collection ...................................................................... 28
3.2.3.1 Subject Materials ................................................................................................................................................. 28
3.2.3.2 Containers ............................................................................................................................................................ 28
3.2.3.3 Specific Collection Requirements ........................................................................................................................ 29
3.2.4 Multifamily Complex and Commercial Customer Garbage Collection ........................................ 29
3.2.4.1 Subject Materials ................................................................................................................................................. 29
3.2.4.2 Containers ............................................................................................................................................................ 29
3.2.4.3 Specific Collection Requirements ........................................................................................................................ 30
3.2.5 Multifamily Complex and Commercial Recyclables Collection .................................................... 30
3.2.5.1 Subject Materials ................................................................................................................................................. 30
3.2.5.2 Containers ............................................................................................................................................................ 30
3.2.5.3 Specific Collection Requirements ........................................................................................................................ 31
3.2.6 Multifamily Complex and Commercial Customer Compostables Collection ............................... 31
3.2.6.1 Subject Materials ................................................................................................................................................. 31
3.2.6.2 Containers ............................................................................................................................................................ 31
3.2.6.3 Specific Collection Requirements ........................................................................................................................ 32
3.2.7 Drop-Box Container Garbage Collection ..................................................................................... 32
3.2.7.1 Subject Materials ................................................................................................................................................. 32
3.2.7.2 Containers ............................................................................................................................................................ 32
3.2.7.3 Specific Collection Requirements ........................................................................................................................ 32
3.2.8 Temporary (Non-Event) Container Customers ............................................................................ 33
3.2.9 Special Event Services .................................................................................................................. 33
3.2.10 Renton Services ......................................................................................................................... 33
3.2.11 Renton-Sponsored Community Events ...................................................................................... 34
3.2.12 On-call Bulky Waste Collection .................................................................................................. 35
3.2.13 Excluded Services ....................................................................................................................... 36
3.3 COLLECTION SUPPORT AND MANAGEMENT ...................................................................................... 36
3.3.1 General Customer Service ........................................................................................................... 36
3.3.2 Specific Customer Service Requirements ..................................................................................... 36
3.3.2.1 Customer Service Representative Staffing .......................................................................................................... 37
3.3.2.2 Renton Customer Service ..................................................................................................................................... 37
3.3.2.3 Service Recipient Complaints and Requests ........................................................................................................ 38
3.3.2.4 Handling of Customer Calls .................................................................................................................................. 38
3.3.2.5 Corrective Measures ............................................................................................................................................ 38
3.3.2.6 Contractor Internet Website ................................................................................................................................ 39
3.3.2.7 Full Knowledge of Garbage, Recyclables, and Compostables Programs Required ............................................. 39
3.3.2.8 Customer Communications .................................................................................................................................. 40
3.3.2.9 Customer Service Location within Renton........................................................................................................... 40
3.3.3 Customer Billing Responsibilities ................................................................................................. 41
3.3.4 Reporting ..................................................................................................................................... 43
3.3.4.1 Monthly Reports .................................................................................................................................................. 43
3.3.4.2 Annual Reports ..................................................................................................................................................... 44
3.3.4.3 Ad Hoc Reports ..................................................................................................................................................... 45
3.3.4.4 Other Reports ....................................................................................................................................................... 45
AGENDA ITEM # 8. b)
Comprehensive Garbage, Recyclables, and Compostables
Collection Contract
Table of Contents
City of Renton iv April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
3.3.5 Promotion and Education ............................................................................................................ 45
4. COMPENSATION ........................................................................................................................... 47
4.1 COMPENSATION TO THE CONTRACTOR ........................................................................................................ 47
4.2 COMPENSATION ADJUSTMENTS ................................................................................................................. 48
4.2.1 Annual CPI Modification .............................................................................................................. 48
4.2.2 Changes in Disposal or Compostables Processing Sites .............................................................. 48
4.2.3 Other Modifications .................................................................................................................... 49
4.2.4 New or Changes in Existing Taxes ........................................................................................................................... 49
4.2.5 Changes in Service Provision ................................................................................................................................... 50
4.3 CHANGE IN LAW ...................................................................................................................................... 50
4.4 COMPENSATION ADJUSTMENTS APPROVAL ................................................................................................. 50
5. FAILURE TO PERFORM, REMEDIES, TERMINATION .......................................................................... 50
5.1 PERFORMANCE FEES ................................................................................................................................ 51
5.2 CONTRACT DEFAULT ................................................................................................................................ 53
6. NOTICES ........................................................................................................................................ 54
7. GENERAL TERMS ........................................................................................................................... 55
7.1 COLLECTION RIGHT .................................................................................................................................. 55
7.2 ACCESS TO RECORDS ................................................................................................................................ 55
7.3 INSURANCE............................................................................................................................................. 56
7.3.1 Minimum Scope of Insurance ...................................................................................................... 56
7.3.2 Minimum Amounts of Insurance ................................................................................................. 57
7.3.3 Other Insurance Provisions .......................................................................................................... 57
7.3.4 Acceptability of Insurers .............................................................................................................. 58
7.3.5 Verification of Coverage .............................................................................................................. 58
7.3.6 Subcontractors ............................................................................................................................ 58
7.4 PERFORMANCE BOND .............................................................................................................................. 58
7.5 INDEMNIFICATION ................................................................................................................................... 58
7.5.1 Indemnify and Hold Harmless ..................................................................................................... 58
7.5.2 Industrial Insurance Immunity Waiver ........................................................................................ 59
7.6 CONFIDENTIALITY OF INFORMATION ........................................................................................................... 59
7.7 ASSIGNMENT OF CONTRACT ...................................................................................................................... 59
7.7.1 Assignment or Pledge of Money by the Contractor .................................................................... 59
7.7.2 Assignment, Subcontracting, Delegation of Duties ..................................................................... 60
7.7.3 MERGER OR SALE OF CONTRACTOR OPERATIONS ...................................................................................... 60
7.8 LAWS TO GOVERN/VENUE ........................................................................................................................ 60
7.9 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS ............................................................................. 60
7.10 PERMITS AND LICENSES .......................................................................................................................... 61
7.11 RELATIONSHIP OF PARTIES ...................................................................................................................... 61
7.12 CONTRACTOR’S RELATIONSHIP WITH CUSTOMERS....................................................................................... 62
7.13 BANKRUPTCY ........................................................................................................................................ 62
7.14 RIGHT TO RENEGOTIATE/AMEND ............................................................................................................. 62
7.15 FORCE MAJEURE ................................................................................................................................... 62
7.16 ILLEGAL PROVISIONS .............................................................................................................................. 63
7.17 WAIVER ............................................................................................................................................... 63
AGENDA ITEM # 8. b)
Comprehensive Garbage, Recyclables, and Compostables
Collection Contract
Table of Contents
City of Renton v April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
7.18 INCORPORATION OF CONTRACTOR’S PROPOSAL IN RESPONSE TO RENTON’S RFP ............................................. 63
7.19 CANCELLATION OF PREVIOUS FRANCHISES ................................................................................................. 64
7.20 DISPUTES RESOLUTION ........................................................................................................................... 64
7.21 ENTIRETY ............................................................................................................................................. 64
ATTACHMENTS .
Attachment A: Service Area
Attachment B: Contractor Rates
Attachment C: Recyclables List
Attachment D: Rate Modification Example
Attachment E: City Litter Receptacles List
AGENDA ITEM # 8. b)
City of Renton 1 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The Parties, in consideration of the promises, representations, and warranties contained in this
agreement and the RFP, agree as follows:
RECITALS
WHEREAS, Renton has conducted a competitive process to select a contractor to provide Garbage,
Recyclables, and Compostables collection services to all residents, businesses, and institutions located
within the Service Area; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that Renton
conducted a thorough and exhaustive competitive process; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that Renton
had the right at any time during the process to reject any or all of the competitors, regardless of their
proposals or prices; and
WHEREAS, having completed the competitive process, Renton has selected the best candidate to
provide the services outlined in the competitive process; and
WHEREAS, the Contractor represents and warrants that it has the experience, resources, and expertise
necessary to perform the services as requested in the competitive process; and
WHEREAS, Renton desires to enter into this Contract with the Contractor for the services outlined in the
competitive process and included below;
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein
contained, Renton and Contractor do agree as follows:
AGREEMENT
This Comprehensive Garbage, Recyclables, and Compostables Collection Contract (hereafter, “Contract”)
is made and entered into this _______ day of ____________, 2016 (hereafter the “Date of Execution”),
by and between the City of Renton, a municipal corporation (hereafter “Renton”), and Rabanco Ltd., dba
Republic Services of Kent, a Washington corporation (hereafter “Contractor”).
AGENDA ITEM # 8. b)
City of Renton 2 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
DEFINITIONS
Billing Operations Plan: The plan developed by Renton and the Contractor to manage Customer billing,
ownership and custody of Customer payments and other matters related to the Contractor serving as
billing agent for Renton’s solid waste utility.
Bulky Waste: Discrete items of Garbage of a size or shape that precludes collection in regular collection
containers. Bulky Waste includes: large appliances (such as refrigerators, freezers, stoves, dishwashers,
clothes washing machines or dryers), water heaters, furniture (such as chairs or sofas), televisions,
mattresses, and other similar large items placed at the Curb as discrete separate items. Bulky Waste
does not include piles of debris, car parts, construction or demolition debris, any item that would be
considered Hazardous Waste, or stumps.
Cart: A Contractor-provided 20-, 32-, 45-, 64-, or 96-gallon wheeled Container with attached lid suitable
for collection, storage, and Curbside placement of Garbage, Recyclables, or Compostables. Carts shall be
rodent and insect resistant and kept in sanitary condition by the Contractor at all times.
Change of Control: Any sale, merger, the issuance of new shares, any change in the voting rights of
existing shareholders, or other change in ownership that transfers 50% or more of the beneficial interest
therein from one entity to another. Provided, however, that intra-company transfers, such as transfers
between different subsidiaries or branches of the parent corporation of the Contractor, or transfers to
corporations, limited partnerships, or any other entity owned or controlled by the Contractor upon the
effective date of the Contract shall not constitute a Change in Control.
Commercial Customer: Non-Residential Customers, including businesses, institutions, governmental
agencies, and all other users of commercial-type Garbage collection services.
Compostables: Any organic waste material that is Source-separated for processing or composting, such
as Yard Debris and Foodscraps generated by any Residential or Commercial customers.
Contractor: Rabanco Ltd., dba Republic Services of Kent, which has contracted with Renton to collect,
transport, and dispose of Garbage, and to collect, process, market, and transport Recyclables and
Compostables.
Container: Any Food Mini-can, Garbage Can, Cart, Detachable Container, or Drop-box Container used in
the performance of this Contract.
County: King County in Washington State.
Curb or Curbside: Refers to the Customers’ property, within five (5) feet of the Public Street or Private
Road (or on the sidewalk without completely obstructing the sidewalk, if there is no Customer property
within five (5) feet of the Public Street or Private Road) without blocking driveways or on-street parking.
If extraordinary circumstances preclude such a location, Curbside shall be considered a placement
suitable to the Customer, convenient to the Contractor’s equipment, and mutually agreed to by Renton
and Contractor.
AGENDA ITEM # 8. b)
City of Renton 3 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Customer: All City of Renton users of the Contractor’s services provided as provided by this Contract,
including property owners, managers, and tenants.
Date of Commencement of Service: February 1, 2017, which is the date that the Contractor agrees to
commence the provision of collection and other services as described throughout this Contract.
Date of Execution: The date that this Contract is executed by all signatories.
Day/Days: Calendar days unless otherwise specified.
Detachable Container: A watertight metal or plastic 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.
Driveway: A privately-owned and maintained way that connects a Residence or parking
area/garage/carport with a Private Road or Public Street.
Drop-box Container: An all-metal loose material or compactor container with ten (10) cubic yards or
more capacity that is loaded onto a specialized collection vehicle.
Extra Unit: Excess material that does not fit in the Customer’s primary Container. In the case of Cart
services, an Extra Unit is 15-gallons and may be contained in either a plastic bag or Garbage can. In the
case of Garbage Containers one (1) cubic yard or more in capacity, an Extra Unit is 96-gallons.
Food Mini-can: A water-tight plastic container thirteen (13) gallons in capacity; fitted with two (2)
sturdy handles or handholds and fitted with a tight cover. All Food Mini-cans shall be rodent and insect
proof and kept in sanitary conditions by their owner at all times.
Food Scraps: All compostable pre- and post-consumer food waste, such as whole or partial pieces of
produce, meats, bones, cheese, bread, cereals, coffee grounds, or egg shells, and food-soiled paper,
such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or
other paper products accepted by the Contractor’s selected composting site. Food Scraps shall not
include dead animals, plastics, diapers, kitty litter, liquid wastes, ashes, pet wastes, or other materials
prohibited by the selected composting facility. The range of materials handled by the Compostables
collection program may be changed from time to time upon the mutual agreement of the Parties to
reflect those materials allowed by the Public Health – Seattle & King County for the frequency of
collection provided by the Contractor.
Garbage: All putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to,
rubbish, ashes, industrial wastes, swill, demolition and construction wastes, dead small animals
completely wrapped in plastic and weighing less than fifteen (15) pounds, and discarded commodities
that are placed by Customers in appropriate Containers, bags, or other receptacles for collection and
disposal by the Contractor. Needles or “sharps” used for the administration of medication can be
included in the definition of “Garbage,” provided that they are placed within a sealed, secure container
as agreed upon by Renton and the Contractor and this handling is consistent with current King County
sharps policy. The term “Garbage” shall not include Hazardous Wastes, Source-separated recyclable
materials, or Source-separated Compostables.
AGENDA ITEM # 8. b)
City of Renton 4 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Garbage Can: A Container that is a water-tight galvanized sheet-metal or plastic container not exceeding
four (4) cubic feet or thirty-two (32) gallons in capacity; fitted with two (2) sturdy looped handles, one
on each side; and fitted with a tight cover equipped with a handle. All Containers shall be rodent and
insect proof and kept in sanitary conditions by their owner at all times.
Hazardous Waste: Any hazardous, toxic, or dangerous waste, substance, or material, or contaminant,
pollutant, or chemical, known or unknown, defined or identified as such in any existing or future local,
state, or federal law, statute, code, ordinance, rule, regulation, guideline, decree, or order relating to
human health or the environment or environmental conditions, including but not limited to any
substance that is:
A.Defined as hazardous by 40 C.F.R. Part 261.3 and regulated as hazardous waste by the United
States Environmental Protection Agency under Subtitle C of the Resource Conservation and
Recovery Act (“RCRA”) of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid
Waste Amendments (“HSWA”) of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et
seq.; or any other federal statute or regulation governing the treatment, storage, handling, or
disposal of waste imposing special handling or disposal requirements similar to those required
by Subtitle C of RCRA;
B.Defined as dangerous or extremely hazardous by WAC 173-303-040 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; and
C.Any substance that comes within the scope of this definition as determined by Renton after the
Date of Execution of this Contract.
Any substance that ceases to fall within this definition as determined by Renton after the Date of
Execution of this Contract shall not be deemed to be Hazardous Waste.
King County Disposal System: The areas owned, leased, or controlled by King County, Washington for
the disposal of Garbage, or such other site as may be authorized by the current King County
Comprehensive Solid Waste Management Plan and the Amended and Restated Solid Waste Interlocal
Agreement between Renton and King County.
Multifamily Complex: Multiple-unit Residences with three (3) or more units attached or unattached
units billed collectively for Garbage collection service.
On-call: The provision of specified services only upon direct telephone, written, or e-mailed request of
the Customer to the Contractor.
Private Road: A privately-owned and maintained way that allows for access by a service vehicle and
that serves multiple Residences.
Public Street: A public right-of-way used for public travel, including public alleys.
AGENDA ITEM # 8. b)
City of Renton 5 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Recycling: The preparation, collection, transport, processing, and marketing of Recyclables.
Recyclables: The materials designated as being part of a Residential or Commercial Recycling collection
program, as listed in Attachment C.
Renton: The City of Renton, King County Washington. As used in this Contract, use of the term “Renton”
may also include reference to the Mayor, or his/her designated representative, and references to staff,
streets, rights-of-way, and activities and things refer to Renton staff, streets, rights-of-way, and activities
and things, when appropriate, and unless otherwise specified.
Residence/Residential: A single-family and/or multifamily living space individually rented, leased or
owned.
Service Area: The service boundaries indicated in Attachment A as of the Date of Commencement of
Service, as revised from time to time in accordance with Section 3.1.2.
Single-Family Residence: All one-unit houses, duplexes, and mobile homes that are billed individually
and located on a Public Street or Private Road.
Source-separated: Certain reclaimable materials that are separated from Garbage by the generator for
recycling or reuse, including but not limited to Recyclables, Yard Debris, Food Scraps, and other
materials.
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.
Strike Contingency Plan: The plan the Contractor will develop pursuant to Section 3.1.20 of this
Contract.
Transition and Implementation Plan: The plan that the Contractor will develop pursuant to Section
3.1.23 of this Contract.
WUTC: The Washington Utilities and Transportation Commission.
Yard Debris: Leaves, grass, prunings, branches and small trees. 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 in diameter by
four (4) feet in length and no more than fifty-five (55) pounds, shall be allowed, and shall be secured by
degradable string or twine, not nylon or other synthetic materials. Un-flocked whole Christmas trees cut
to less than six (6) feet in height are acceptable.
1. TERM OF CONTRACT
The Term of this Contract is ten (10) years and two (2) months starting on the Date of Commencement
of Service. Renton may, at its option, extend the Contract up to two (2) extensions, each of which shall
not exceed two (2) years in duration. Any extension granted shall be under the original terms and
AGENDA ITEM # 8. b)
City of Renton 6 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
conditions of this Contract or as the Contract may have been amended at the time of the extension. To
exercise the option to extend this Contract, written notice shall be given by Renton to the Contractor
not less than ninety (90) days prior to the expiration of the Contract Term or the expiration of a previous
extension.
2. CONTRACTOR REPRESENTATIONS AND WARRANTIES
The Contractor represents and warrants to Renton as follows:
• Organization and Qualification. The Contractor is duly incorporated, validly existing, and in good
standing under the laws of the state of Washington, and has all requisite corporate power and
authority to enter into and to perform its obligations under this Contract.
• Authority. The Contractor has the authority to execute this Contract, to make the
representations and warranties set forth in it, and to perform the obligations of the Contractor
under this Contract in accordance with its terms. This Contract has been validly executed by an
authorized representative of the Contractor, with the authority to sign on behalf of and bind the
Contractor, and this Contract constitutes a valid and legally binding and enforceable obligation
of Contractor.
• Government Authorizations and Consents. The Contractor has or will obtain at its sole cost prior
to the Date of Commencement of Service any such licenses, permits, and other authorizations
from federal, state, and other governmental authorities, as are necessary for the performance
of its obligations under this Contract.
• Compliance with Laws. The Contractor is not in violation of any applicable laws, ordinances, or
regulations, which may impact the Contractor’s ability to perform its obligations under this
Contract or which may have any impact on Renton. The Contractor is not subject to any order or
judgment of any court, tribunal, or governmental agency that impacts its operations or assets or
its ability to perform its obligations under this Contract.
• Accuracy of Information. None of the representations or warranties in this Contract, and none of
the documents, statements, reports, certificates, or schedules furnished or to be furnished by
the Contractor pursuant to this Contract or in connection with the performance of the
obligations contemplated under this Contract, at any time contain or will contain untrue
statements of a material fact or omissions of material facts.
• Independent Examination. In accepting these responsibilities, the Contractor represents and
affirms that it has made its own examination of all conditions affecting the performance of this
Contract, currently and into the future, and of the quantity, quality, and expense of labor,
equipment, vehicles, facilities, properties, materials needed, and of applicable taxes, permits,
and applicable laws. The Contractor affirms that within the Service Area it is aware of the
present placement and location of all Containers. The Contractor represents and warranties that
it is capable of continuing to collect all Containers from their present locations, and that it is
capable of providing service to and collection of Containers in any areas of the Service Area that
may be built out or developed during the term of this Contract.
AGENDA ITEM # 8. b)
City of Renton 7 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
3. SCOPE OF WORK
3.1 General Collection System Requirements
3.1.1 Service Area
The Contractor shall provide all services pursuant to this Contract throughout the entire Service Area.
3.1.2 Annexation
If, during the term of the Contract, additional territory is added to Renton through annexation or other
means within which the Contractor has an existing WUTC certificate or other franchise for solid waste
collection at the time of annexation, the Contractor shall, from the date of annexation, make collection
in the annexed area in accordance with the provisions of this Contract at the unit prices set forth in this
Contract.
This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that their
WUTC certificates applicable to those areas (if any) shall be cancelled effective on the date of
annexation by Renton. The Contractor expressly waives and releases its right to claim any and all
damages or compensation from Renton, its officers, agents, or assigns arising out of the cancellation of
any pre-existing permit or franchise held by the Contractor prior to annexation, and further specifically
waives the right to receive any additional compensation or any rights of collection in the newly annexed
territory. The term during which the Contractor shall service any future annexation areas shall be seven
(7)years from the date of annexation, notwithstanding the term set forth in Section 1 of this Contract.
If additional territory is added to Renton through annexation within which the Contractor does not have
an existing WUTC certificate or other franchise for Garbage or other collections, then, upon written
notification from Renton, the Contractor agrees to make collections in such annexed areas in
accordance with the provisions of this Contract at the unit price set forth in this Contract. Renton will
indemnify, hold harmless and defend the Contractor from any and all claims, actions, suits, liability, loss,
costs, expenses and damages, including costs and reasonable attorneys’ fees arising out of the
Contractor’s service in such annexed territory under this Contract.
In the event that additional territory is added to the Service Area, Renton acknowledges that equipment,
such as Contract-compliant vehicles and Containers, may take time to procure; and therefore, shall not
charge performance fees as outlined in Section 5.1 to the Contractor for reasonable delays in the
provision of services to annexed areas covered by this section due to procurement delays that are not
within the control of the Contractor.
3.1.3 Service to Residences on Private Roads and Driveways
The Contractor shall provide Curbside service to all Residences located on Private Roads, except as
noted in this Section. Drive-in charges are to be used only for requested service on Driveways and are
prohibited on Private Roads.
In the event that the Contractor believes that a Private Road cannot be safely negotiated or that
providing walk-in service on Driveways for Single-Family Residence Customers is impractical due to
AGENDA ITEM # 8. b)
City of Renton 8 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
distance or unsafe conditions, the Contractor may request that Renton evaluate on-site conditions and
make a determination of the best approach for providing safe and appropriate service to the Customer.
Renton’s determination shall be final, provided that the Contractor shall not be required to endanger
workers, equipment, or property.
If the Contractor believes that there is a probability of Private Road or Driveway damage, the Contractor
shall inform the respective Customer(s) and may require a road damage waiver agreement in a form
previously approved by Renton. In such event, if the Customer(s) refuse to sign such a road damage
waiver, the Contractor may decline to provide service on those Private Roads or Driveways, and the
Customer(s) will only be serviced from the closest Public Road access. Such determination that damage
is probable must be approved in writing by Renton prior to any action or refusal of service by the
Contractor.
3.1.4 Hours/Days of Collection
All collections from Single-family Residential Customers and Residential zones, including mixed-use
areas shall be made between the hours of 7:00 a.m. and 5:00 p.m. on a consistent weekday, unless
Renton authorizes a temporary extension of hours or days. Same-day make-up collections for customers
notifying the Contractor of a missed collection by 4:00 p.m. may be performed until 8:00 p.m. Saturday
collection is allowed to the extent consistent with missed collection recovery, holiday and inclement
weather schedules.
All collections from Commercial Customers may be made between the hours of 5:00 a.m. and 6:00 p.m.
provided that service to those Customers shall neither disturb Residential Customers in adjoining
Residential zoned areas, nor violate the noise provisions of the Renton Municipal Code, as amended.
Collections from Commercial Customers within audible distance of Residential Customers shall be made
only between the hours of 7:00 a.m. and 6:00 p.m., and no earlier than 9:00 a.m. on Saturday.
Exemptions to the hour requirements may be granted in writing in advance by Renton to accommodate
the special needs of Commercial Customers where allowed by the Renton Municipal Code. Renton’s
noise ordinance, as amended, may further restrict these terms and hours of collection.
3.1.5 Employee Conduct
The Contractor’s employees collecting Garbage, Recyclables, or Compostables shall at all times be
courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their work
without delay, minimize noise, and avoid damage to public or private property. If on private property,
Contractor employees shall follow the regular pedestrian walkways and paths, returning to the street
after replacing empty Containers. Contractor employees shall not trespass or loiter, cross flowerbeds,
hedges, or property of adjoining premises, or meddle with property that does not concern them or their
task at hand. While performing work under the Contract, Contractor employees shall wear a
professional and presentable uniform with an identifying badge with photo identification and company
emblem visible to the average observer. At Renton’s option and direction, Contractor employees shall
work with groups or organizations, such as neighborhood community organizations, homeowner
associations, or Renton’s Utilities, Police, or Fire Departments, for training to recognize and call the
appropriate agency when suspicious activities are observed.
AGENDA ITEM # 8. b)
City of Renton 9 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
If any person employed by the Contractor to perform collection services is, in the opinion of Renton,
incompetent, disorderly, or otherwise unsatisfactory, Renton shall promptly document the incompetent,
disorderly, or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a
demand that such conduct be corrected. The Contractor shall promptly investigate any written
complaint from Renton regarding any unsatisfactory performance by any of its employees and take
immediate corrective action. If the offending conduct is repeated, Renton may require that the person
be removed from all performance of additional work under this Contract. The Contractor shall remove
the employee from Contract work immediately.
3.1.6 Disabled Persons Service
The Contractor shall provide carryout service for Garbage, Recyclables, and Compostables to Single-
Family Residence Customers in cases where no household member has the ability to place Containers at
the Curb, at no additional charge.
3.1.7 Holiday Schedules
The Contractor shall observe the same holiday schedule as the King County Transfer Stations (typically
New Year’s Day, Thanksgiving Day, and Christmas Day). When those holidays fall on a regular collection
day, the Contractor shall reschedule the remainder of the week of regular collection to the next
succeeding business day, which shall include Saturdays. The Contractor may not collect Single-Family
Residence and Multifamily Complex Garbage, Recyclables, or Compostables earlier than the regular
collection day due to a holiday. Commercial collections may be made one (1) day early only with the
consent of the Commercial Customer. Holiday scheduling information shall be included in written
program materials, on the Contractor’s web site, and by press releases to general news media in the
Renton area by the Contractor the week prior to the holiday affecting service.
3.1.8 Inclement Weather
The Contractor shall provide all collection services unless weather conditions are such that continued
operation would result in danger to the Contractor’s staff, area residents, or property. In that event, the
Contractor shall collect only in areas that do not pose a danger. The Contractor shall notify Renton by
telephone and email of the areas not to be served by 6:00 a.m. on the same business day. Once
Contractor vehicles are on-route, areas intentionally missed due to hazardous conditions and not
previously reported to Renton, shall be approved by a route supervisor and reported to Renton not later
than 12:00 p.m. (noon) on the same business day. The Contractor shall coordinate missed collection
areas so that Customers either have all or none of their materials collected to avoid Customer
complaints and calls. The Contractor shall provide automated notification calls, texts or e-mails (at
Customers’ preference) to all missed Customers by 3:00 p.m., including information about when their
next collection is expected.
AGENDA ITEM # 8. b)
City of Renton 10 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
If any collection is interrupted by inclement weather, then the Contractor shall provide a makeup
collection as follows:
• Every-Other-Week Single-Family: All Garbage, including Premium Weekly Service and
Recyclables, shall be collected on the Saturday immediately following the interrupted collection
day(s).
• Weekly Single-Family: Compostables shall be collected on the regular collection day following
the interrupted collection.
• Multifamily: Collection shall be made as soon as the Contractor is able to do so without danger
to life or property, including Saturday collection.
• Commercial: Collection shall be made as soon as the Contractor is able to do so without danger
to life or property, including Saturday collection.
• Drop-Box: Collection shall be made as soon as the Contractor is able to do so without danger to
life or property, including Saturday collection
Following notification to Renton, the Contractor will be provided temporary authorization to perform
collection services after 5:00 p.m. and/or on Saturdays following disruptions due to weather in order to
finish collection routes.
If inclement weather interrupts collection services more than one week and beyond the Contractor’s
ability to safely provide makeup collections consistent with the provisions outlined above, the
Contractor will meet with Renton to discuss alternate plans to collect all streams of material for all
Customers. The Contractor shall implement the agreed upon plan upon the approval of Renton. It shall
be the Contractor’s responsibility to provide all customer outreach regarding the interrupted service and
the Contractor’s plans for providing collection of Customer materials.
Weather policies shall be included in program information provided to Customers and on the
Contractor’s city-specific webpage. On each inclement weather day, the Contractor shall release notices
to local newspapers and radio stations notifying residents of the modification to the collection schedule.
3.1.9 Suspending Collection from Problem Customers
Renton and Contractor acknowledge that, in rare cases, some Customers may cause disruptions or
conflicts that make continued service to that Customer unreasonable. Those disruptions or conflicts may
include, but not be limited to, repeated damage to Contractor-provided containers, repeated suspect
claims of timely set-out followed by demands for return collection at no charge, repeated
unsubstantiated claims of Contractor damage to a Customer’s property, or other such problems.
The Contractor shall make every reasonable effort to provide service to those problem Customers.
However, the Contractor may deny or discontinue service to a problem Customer after prior written
notice is given to Renton of the intent to deny or discontinue service, including the name, service
address, reason for such action, and whether reasonable efforts to accommodate the Customer and
provide services have occurred and failed. If the Customer submits a written letter or e-mail to Renton
appealing the Contractor decision, Renton may, at its discretion, intervene in the dispute. In this event,
the decision of Renton shall be final. Renton may also require the denial or discontinuance of service to
any Customer who is abusing the service or is determined to be ineligible.
AGENDA ITEM # 8. b)
City of Renton 11 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The Contractor shall continue billing Customers with discontinued service at the lowest service level for
that class of Customer, unless otherwise instructed in writing by Renton.
3.1.10 Missed Collections
If Garbage, Recyclables, or Compostables are set out inappropriately, improperly prepared, or
contaminated with unacceptable materials, the Contractor shall place in a prominent location a written
notification tag that identifies the specific problem(s) and reason(s) for rejecting the materials for
collection. Failure to provide proper written notification to Customers of the reason for rejecting
materials for collection shall be considered a missed collection and subject to performance fees due to
lack of proper Customer notification.
The failure of the Contractor to collect Garbage, Recyclables, or Compostables that has been set out by a
Customer in the proper manner on the appropriate day shall be considered a missed collection, and the
Contractor shall collect the materials from the Customer on the same day if notified by 4:00 p.m.
Monday – Friday. Customers giving notice after 4:00 p.m. shall receive a make-up collection the next
day. A Customer giving notice after 4:00 p.m. on Friday shall receive a make-up collection the next day
on Saturday between 9:00 a.m. and 1:00 p.m. The Contractor shall maintain an electronic record of all
calls related to missed collections and the response provided by the Contractor. Such records shall be
made available for inspection upon request by Renton, and the information shall be included in monthly
reports. (See Reporting requirements set forth in Section 3.3.4).
If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor,
which the Contractor can prove through documentation (e.g., the Containers were not placed at the
curb on time and the driver documented that fact in a log, with a photograph, etc.), the Contractor shall
charge the Customer an additional return trip fee for this service, provided the Contractor notifies the
Customer of this charge in advance and the Customer agrees to payment of the return trip fee. The
Contractor will not be liable for a missed collection in such case.
3.1.11 Same Day Collection
Garbage, Recyclables, and Compostables collection shall occur on the same regularly scheduled day of
the week for Single-Family Residence Customers. The collection of Garbage, Recyclables, and
Compostables from Multifamily Complexes and Commercial Customers need not be scheduled on the
same day.
3.1.12 Requirement to Recycle and Compost and Quality Assurance
The Contractor shall recycle or compost all Source-separated Recyclables and Compostables collected,
unless express prior written permission is provided by Renton. The Contractor shall use facilities that:
• Process materials to a high standard to maximize the recovery and recycling of all incoming
recyclable and compostable materials;
• Are operated to minimize cross-contamination of materials that would result in otherwise
Recyclable materials being misdirected to a market or disposal where they would not be
recovered;
AGENDA ITEM # 8. b)
City of Renton 12 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
• Are designed and operated to minimize the residual stream of otherwise recoverable materials
destined for disposal.
• Have sufficient preprocess and screening staff and equipment to ensure that otherwise
recoverable materials are not cross-contaminated and rendered non-recyclable due to the
nature of the processing facility.
Renton and Contractor agree that the Contractor is being compensated to fully recycle or compost those
incoming materials and that maximum cost-effective recovery is a primary objective of the City’s
collection programs.
Concurrently with the start of this Contract, the Contractor shall implement an on-route quality
assurance program for Recyclables and Compostables consistent with industry best management
practices for tagging, probationary periods, material rejection, and suspension of service. The City and
Contractor shall mutually negotiate and agree on a process reflecting current best management
practices used in King County for route monitoring for both Single-family Residential and
Commercial/Multifamily sectors. The Contractor and City shall annually review and update these
procedures to ensure that contamination problems are addressed promptly, fairly and consistently for
all sectors.
The objective of the monitoring program is to maintain a contamination level of no greater than ten
percent (10%) by volume for collected Recyclables and no greater than three percent (3%) by volume for
collected Compostables.
3.1.13 Routing, Notification and Approval
The Contractor shall indicate, on a map acceptable to Renton, the day of the week Garbage, Recyclables,
and Compostables shall be collected from each Single-Family Residence. Likewise, the Contractor shall
indicate, on maps acceptable to Renton, the regularly scheduled collection days for Garbage,
Recyclables, and Compostables from each Multifamily Complex and Commercial Customer. Initial maps
shall be provided to Renton no later than ninety (90) days prior to the Date of Commencement of
Service. The Contractor collection routes shall not cross municipal boundaries, provided that Contractor
collection vehicles used within Renton may be used elsewhere if they are emptied before and after such
other use and the Contractor has obtained Renton’s prior approval in writing, except that prior approval
shall not be required for spare vehicles used for both Renton and other jurisdictions serviced by the
Contractor, provided that same-day notification of the use is provided to the City via e-mail. The
Contractor may use certain specialized vehicles in more than one jurisdiction (e.g. limited access vehicle
for space-restricted route areas) for scheduled services upon written City approval. If a collection
vehicle services any Customer outside the Service Area without prior written approval from Renton, the
Contractor shall be liable for performance fees as described in Section 5.1.
The Contractor may change the day of Single-Family Residence collection by giving written notice to
Renton at least forty-five (45) days prior to the effective date of the proposed change and obtaining
written approval from Renton. If Renton approves the proposed change, the Contractor shall provide
affected Customers with at least fourteen (14) days written notice of pending changes for the collection
day. Seven (7) days prior to the approved day change, the Contractor shall tag all affected Customers’
Garbage Containers, as well as notify all affected Customers by e-mail and robo-call of the pending
changes. Upon completing collections the week prior to the change, the Contractor shall update their
AGENDA ITEM # 8. b)
City of Renton 13 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
website with a new collection area map that highlights affected areas. The Contractor shall collect
double the normal Garbage amount for no additional fee for one week following implementation to
ensure that missed Customers are not charged extra. The Contractor shall obtain the prior written
approval from Renton of the notice to be given to Customers. The Contractor shall be responsible for
the cost of designing, printing, and distributing the notice and any revised educational materials that
inform these Customers of their collection day.
The Contractor may change the day of Multifamily Complex or Commercial Customer collection by
giving at least fourteen (14) days written notice of pending changes of collection day to the affected
Customers. The Contractor shall obtain written approval from Renton of the collection day change prior
to notification of the Multifamily Complex customer or Commercial Customer, and shall obtain the prior
written approval from Renton of any notice to be given to Multifamily Complex or Commercial
Customers. The Contractor shall be responsible for the cost of designing, printing, and distributing any
notifications and any revised educational materials that inform these Customers of their collection day.
3.1.14 Vehicle and Equipment Type/Age/Condition/Use
The Contractor shall use model year 2013 or later collection vehicles for services performed under this
contract under the initial term of this Contract. In the event that the City exercises either or both or the
City’s two-year extension options, the collection vehicle age requirement shall shift from model year
2013 to the use of trucks no greater than ten years old. Back-up vehicles used fewer than thirty (30)
operating days a calendar year shall not be subject to the age that apply to regularly-used vehicles, but
shall be presentable, shall be in safe working order, and shall be subject to all other conditions of this
section. The accumulated annual use of individual back-up vehicles shall be reported in the Contractor’s
monthly report.
Vehicles used in the performance of this Contract shall be of sufficient size and dimension to provide
service to all Customers, regardless of location. In some cases, this may mean that a small collection
vehicle, capable of servicing narrow and/or tight locations must be used, and the Contractor shall make
such vehicles available to ensure smooth and effective collection services throughout the Service Area.
Vehicles to be used for Garbage collection shall have a switchable placard that clearly indicates that they
are Garbage collection vehicles, vehicles to be used for Recyclables collection shall have a switchable
placard that clearly indicates that they are Recyclables collection vehicles, and vehicles to be used for
Compostables collection shall have a switchable placard that clearly indicates that they are
Compostables collection vehicles. The colors, trim scheme, and design to be used by the Contractor on
the switchable placards shall be subject to the prior written approval of Renton. The use of unauthorized
switchable placards or lack of switchable placards on collection vehicles shall be cause for performance
fees as described in Section 5.1. Vehicles used in the performance of this Contact shall only be used for
the collection of materials they are otherwise designated for.
Vehicles shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at least
once each week. All collection equipment shall have appropriate safety markings, including all highway
lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with current
statutes, rules and regulations. Equipment shall be maintained in good condition at all times. Vehicles
shall be repainted upon showing rust on the body or chassis or at the request of Renton. All parts and
systems of the collection vehicles shall operate properly and be maintained in a condition compliant
AGENDA ITEM # 8. b)
City of Renton 14 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
with all federal, state, and local safety requirements and be in a condition satisfactory to Renton. All
vehicles shall be equipped with variable tone or proximity activated reverse movement back-up alarms.
The Contractor shall maintain collection vehicles and Containers to ensure that no liquid wastes (e.g.,
Garbage or Compostables leachate) or oils (e.g., lubricating, hydraulic, or fuel) are discharged to
Customer premises or streets. All collection and route supervisor vehicles used by the Contractor shall
be equipped with a spill kit sufficient in size to contain a complete spill from the largest tank on the
vehicle. Any equipment not meeting these standards shall not be used within the Service Area until
repairs are made. Any discharge of liquid wastes or oils that may occur from Contractor’s vehicles or
Containers prior to them being removed from service shall be cleaned up or removed within three (3)
hours of being noticed by route staff, customers, or Renton, and shall be remediated by the Contractor
at its sole expense. Such clean-up or removal shall be documented with pictures, and notice of such
clean-up or removal shall be provided to Renton in writing. The Contractor shall immediately notify
Renton-designated spill hotline of any spills that enter drainages. Failure by the Contractor to clean-up
or remove the discharge in a timely fashion to the satisfaction of Renton shall be cause for performance
fees, as described in Section 5.1. The Contractor shall notify Renton and Customer of any leakage from
non-Contractor-owned Containers immediately so that those spills may be addressed in a timely
manner.
The Contractor shall maintain all vehicles used in the Service Area in a manner intended to achieve
reduced emissions and particulates, noise levels, operating cost, and fuel use.
No advertising shall be allowed on Contractor vehicles other than the Contractor’s name, logo, customer
service telephone number, and website address, unless otherwise previously approved in writing by
Renton. Special promotional messages may be permitted by Renton; provided they are either painted
directly on vehicles or on special placards attached to vehicles. Renton’s approval shall be in writing and
solely within Renton’s discretion. All collection vehicles shall be labeled with a sign on the rear, with
lettering not less than four (4) inches high and clearly visible from a minimum of twenty (20) feet away,
stating “Driving or Spillage Complaints? Call Renton Solid Waste @ 425-430-7397”. The vehicle inventory
number shall be displayed adjacent to this message. Renton will provide the Contractor with policy
timelines for reporting spills versus driving complaints to Renton. Spills should be reported immediately
to Renton as directed by Renton’s reporting policies, which will be provided to the Contractor by
Renton.
All Contractor route, service, and supervisory vehicles shall be equipped with properly licensed two-way
communication equipment. The Contractor shall maintain a base station or have equipment capable of
reaching all collection areas. Collection vehicles shall also be equipped with back-up cameras, as well as
route-recording cameras integrated with their on-board route management system.
All collection vehicles shall be equipped with global positioning systems (GPS), as well as an on-board
computer and data tracking system to track route progress and log non-set-outs, extras, and other
service issues. The system shall incorporate photo documentation of route exceptions. The Contractor’s
drivers shall be fully trained and required to use these systems. The resulting data shall be uploaded to
the Contractor’s Customer service database no less than hourly to allow Customer service personnel to
be fully apprised of route progress, and be able to address misses and other Customer inquiries in near
real-time.
AGENDA ITEM # 8. b)
City of Renton 15 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
3.1.15 Container Requirements and Ownership
Contractor Garbage fees included in Attachment B include all costs of the associated Garbage, Recycling,
and Compostables Carts and Containers unless Container rental for a particular service is specifically
listed in Attachment B, such as rent for Drop-box Containers.
Single-Family Residence, Multifamily Complex, and Commercial Customers must use Contractor-
provided Containers for their initial Container of Garbage collection service, with the exception of
compacting Drop-box Containers, which may be Customer-owned or –leased from other parties. Plastic
bags or Garbage Cans may be used for excess volumes of Garbage, but not as a Customer’s primary
container.
In the event the Customer uses a Garbage Can for Extras, the Contractor shall handle the Customer-
owned Garbage Container in such a way as to prevent undue damage. The Contractor shall be
responsible for unnecessary or unreasonable damage to Customer-owned Containers.
All Contractor-provided Containers shall be permanently, clearly, and prominently screened, molded-in,
molded-on, imprinted, or otherwise labeled in a fashion that any reasonable person can readily
determine the size capacity and material preparation requirements of the Container. Contractor-
provided Containers shall not be screened, molded-in, molded-on, imprinted, or otherwise permanently
labeled with the Contractor’s logo or company name.
3.1.15.1 Garbage, Recyclables, and Compostables Carts
The Contractor shall provide 20-, 32-, 45-, 64-, and 96-gallon Garbage Carts for the respective level of
Garbage collection, and 32-, 64-, and 96-gallon Recyclables and Compostables Carts for the respective
level of Recyclables or Compostables collection. Cart sizes may vary up to eight percent (8%) in volume
capacity from the stated sizes (e.g. 35, 60 and 96 gallon carts are acceptable) and will be considered
contract-compliant. All Carts shall be manufactured from a minimum of fifteen percent (15%) post-
consumer recycled plastic, with a lid that will accommodate a label. Carts shall be provided to
requesting Customers within seven (7) days of the Customer’s initial request. All Carts must have
materials preparation instructions and telephone and website contact information printed on a sticker
on the lid.
All Contractor-provided Carts shall be maintained by the Contractor in good condition for material
storage and handling; contain no jagged edges or holes; contain wheels or rollers for movement; and be
equipped with an anti-skid device or sufficient surface area on the bottom of the container to prevent
unwanted movement. The Carts shall contain instructions for proper use, including any Customer
actions that would void manufacture warranties (such as placement of hot ashes in the container
causing the container to melt), and procedures to follow to minimize potential fire problems.
Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar repair
needs for Contractor-provided Carts (including those for Garbage, Recyclables, and Compostables) and
forward written or electronic repair notices that same day to the Contractor’s service personnel. Cart
repairs shall then be made within seven (7) days at the Contractor’s expense. Any Cart that is damaged
or missing on account of an accident, collection truck mechanical error, act of nature or the elements,
fire, or theft or vandalism by a third party shall be replaced not later than three (3) business days after
AGENDA ITEM # 8. b)
City of Renton 16 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
notice from the Customer or Renton. Replacement Carts may be used and reconditioned, but shall be
presentable and cleaned before delivered to the Customer. Unusable carts shall be cleaned (if
necessary) and recycled to the extent possible.
In the event that a particular Customer repeatedly damages a Cart or requests more than one
replacement Cart during the term of the Contract due to negligence or intentional misuse, the
Contractor shall forward in writing the Customer’s name and address to Renton. Renton shall then
attempt to resolve the problem. In the event that the problem continues, the Contractor may
discontinue service to that Customer, provided Renton provides previous written approval.
3.1.15.2 Detachable Containers and Drop-box Containers
The Contractor shall furnish and install 1-, 1.5-, 2-, 3-, 4-, 6-, and 8-cubic yard Detachable Containers,
and 10-, 20-, 30-, and 40-cubic yard un-compacted Drop-box Containers to any Customer who requires
their use for storage and collection of Garbage or Recyclables within three (3) days of the Customer’s
request. Containers shall be located on the premises in compliance with any related ordinance, and a
manner satisfactory to the Customer and for collection by the Contractor.
The Contractor shall charge rent for temporary and permanent Drop-box Container service in
accordance with city directed rates. The Contractor may not charge Customers any fees, charges, rates,
or any expenses in connection with Drop-box Container service other than those rental rates directed by
Renton.
Detachable Containers shall be watertight and equipped with tight-fitting metal or plastic covers; have
four (4) wheels for Containers 3-cubic yards and under; be in good condition for Garbage or Recyclables
storage and handling; be safe for the intended use; and, have no leaks, jagged edges, or holes. Drop-box
Containers shall be all-metal, and if requested by a Customer, equipped with a tight-fitting screened or
solid cover operated by a winch in good repair.
The Contractor shall contact Renton’s Fire Marshal and obtain a determination concerning the
conditions under which plastic Detachable Containers may be used. The Contractor may use plastic
Detachable Containers at all locations where allowed by Renton’s Fire Marshal to minimize noise
impacts. Each plastic Detachable Container shall be marked with an additional sticker warning
Customers and the Contractor’s staff where the Container may not be placed as determined by Renton’s
Fire Marshal.
Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary), at the Contractor’s
expense before being supplied to a Customer who had not used it earlier. The Contractor shall provide
an On-call Container cleaning service to Customers. The costs of On-call cleaning shall be billed to the
Customer as directed by Renton.
All Containers on Customers’ premises are at the Contractor’s risk and not Renton’s. The Contractor
shall repair or replace within twenty-four (24) hours any Container that was supplied by or taken over by
the Contractor and was in use if Renton Code Compliance Inspector, King County Health Department
inspector, or other agent having safety or health jurisdiction determines that the Container fails to
comply with reasonable standards or constitutes a health or safety hazard. The Contractor shall place
Detachable Containers in areas mutually agreed upon by the Contractor and Customer with the least
AGENDA ITEM # 8. b)
City of Renton 17 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
slope and best vehicle access possible. For Customers that must stage their Detachable Containers on
Public Streets or on significantly sloped hills, the Contractor shall make a good faith effort to work with
the Customer to ensure that Detachable Containers are not left unattended in potentially problematic
staging areas and are sufficiently restrained such that the Container may not roll and cause harm to
persons or property. The Contractor may require a Customer to attend to the Containers immediately
prior to and after collection. Any disputes arising between the Contractor and a Customer as to what
constitutes a “significantly sloped hill” or a “safety hazard” shall be submitted in writing to Renton, and
Renton’s decision shall be final. Containers shall be replaced after emptying in the same location as
found, with the lid closed.
Except as set forth in the second paragraph of Section 3.1.15, Customers may elect to own or secure
Containers from other sources, and shall not be subject to discrimination by the Contractor in collection
services on that account, provided that such Containers (including Carts) are compatible with the
Contractor’s collection equipment. However, Containers owned or secured by Customers must be
properly labeled with Contractor-provided stickers to be eligible for collection. The Contractor is not
required to service Customer Containers that are not compatible with the Contractor’s equipment.
3.1.15.3 Ownership
To the extent requested by Contractor, Renton will assign its ownership rights and interest in the
previous contractor’s in-place Container inventory to the Contractor and will cooperate with the
Contractor to document such assignment and Contractor’s exercise of such rights. For the purposes of
this Contract, these in-place Carts distributed by the previous contractor shall be maintained to Contract
standards, with the exception that Carts placed in service by the previous contractors shall be
considered Contract compliant, even if they are a different color than required by Renton for new
Containers.
At the end of the Contract term or in the event the Contract is terminated for any reason, all Containers
used by the Contractor to provide Contract collection services, shall, at the option of Renton, revert to
city ownership without further compensation to the Contractor. Compactor Drop-boxes and Drop-boxes
and Detachable Containers held in reserve at the Contractor’s yard and not actively in service at a
Customer location are excluded from this provision.
Upon written notice to the Contractor, Renton may elect to assign this potential ownership of said
Containers to a third-party. Any remaining warranties associated with the Containers described herein
shall be transferred to Renton or Renton’s assignee.
Renton in advance accepts all such Containers in their “as-is, where-is” condition and without any
express or implied warranty by the Contractor of any kind, including but not limited to any warranty of
fitness for any particular purpose or any warranty of merchantability. Renton assumes all risks of loss or
liability on account of Renton’s exercising of its rights under this Section 3.1.15.3 or any use made of any
such Containers after they become the property of Renton or assignee of Renton.
3.1.15.4 Container Colors and Labeling
Contractor-provided Containers used for the collection of Recyclables, shall be blue. Contractor-
provided Containers used for the collection of Compostables shall be grey for Single Family Customers
AGENDA ITEM # 8. b)
City of Renton 18 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
and grey or green for Commercial Customers. Contractor-provided Containers used for the collection of
Garbage shall be green for Single Family Residential Customers and grey for Commercial Customers.
Specific Container colors shall be approved in writing by Renton prior to the Contractor’s order of new
Containers.
All Containers shall be labeled with instructional information and contact information that include both
a customer service phone number and website address. All labels shall be approved by Renton prior to
ordering by the Contractor. Location of the label on Containers shall be subject to Renton’s prior
approval. Labels shall be redone when faded, damaged, or upon Renton or customer request. Should
any changes be made to the Garbage, Recycling, or Compostables collection program, the Contractor at
their sole expense shall reproduce and reaffix labels on all Containers.
All Detachable Containers and Drop-box Containers to be used for Garbage or Recyclables collection
shall have materials preparation instructions and telephone/contact information, including both a
customer service phone number and a website address, printed on a sticker, and subject to the prior
written approval of Renton. All Detachable Containers and Drop-box Containers to be used for Garbage
or Recyclables shall have a sticker affixed that states: “Leaky dumpster? Damaged Lid?” and provides a
phone number to call for repair or replacement. Information shall be printed in a size that is easily read
by the users, on durable UV-resistant label stock squarely affixed to each Container. All labels shall be
approved in writing by Renton prior to ordering by the Contractor. Location of the label on the
Containers shall be subject to Renton’s prior written approval.
Containers used for the collection of Recyclables from Multifamily Complex and Commercial Customers
shall be relabeled by the Contractor once every two (2) years or upon Customer or Renton’s request for
any individual Container. Renton may waive the two-year mandatory relabeling requirement, at its sole
option, for Containers with particularly long-lasting stickers.
3.1.15.5 Container Weights
The Contractor shall not be required to lift or remove materials from any Container exceeding the safe
working capacity of the Container, lifting mechanism or collection vehicle. For Drop-box Containers, the
combined weight of the Drop-Box and contents must not cause the collection vehicle to exceed legal
road weight limits.
3.1.15.6 Container Removal Upon Renton’s or Customer Request
The Contractor shall remove all Containers automatically upon service cancellation within seven (7) days
of the cancellation or upon three (3) days of specific Customer, property manager, property owner, or
Renton’s request. The contents of removed Containers shall be managed as if they were collected on a
regular route (e.g. Recyclables shall be recycled, Compostables shall be delivered for composting). The
disposal or recycling of materials accumulating in the Contractor’s Container at the former Customer’s
location after the final Customer-paid collection shall be at the Contractor’s, not Customer’s cost. Failure
to remove Containers within the specified timeline shall be subject to the same performance fees as
delayed Container delivery for that Customer sector.
AGENDA ITEM # 8. b)
City of Renton 19 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
3.1.16 Inventory of Vehicles and Facilities
The Contractor shall provide to Renton, on the Date of Commencement of Service of this Contract, a
complete initial inventory of the vehicles and facilities to be used in the performance of this Contract.
The inventory shall include each vehicle (including chassis model year, type of body, material collected,
capacity, model, and vehicle identification number) and each facility to be used in performance of this
Contract (including address and purpose of the facility). The Contractor may change vehicles and
facilities from time to time, and shall include the revised inventory in the monthly report provided for in
Section 3.3.4.1. The Contractor shall maintain vehicles and facilities levels during the performance of this
Contract at least equal to those levels described in the initial inventory.
3.1.17 Spillage
All loads collected by the Contractor shall be completely contained in collection vehicles at all times,
except when material is actually being loaded. Hoppers on all collection vehicles shall be cleared
frequently to prevent the occurrence of unnecessary blowing, leakage, or spillage.
Any leakage or spillage of materials that occurs during collection shall be immediately cleaned up or
removed by the Contractor at its sole expense. The Contractor shall document the leakage or spillage,
including taking pictures before and after clean-up or removal, and shall provide this documentation to
Renton. Leakage or spillage not immediately cleaned up or removed by the Contractor shall be cause for
performance fees, as described in Section 5.1. Should a leakage or spillage occur during collection,
Contractor shall notify Renton immediately and, likewise, expressly acknowledges it is solely responsible
for any local, state, or federal violations, which may result from said leakage or spillage.
Any leakage or spillage of materials that occurs during collection that is reported by Customers or
Renton shall be immediately cleaned up or removed by the Contractor at its sole expense. The
Contractor shall document the reported leak or spillage, who reported the incident, and measures made
to correct the incident and report this information via e-mail to the Contract administrator within four
(4) hours. Failure of the Contractor to comply shall be cause for performance fees, as described in
Section 5.1.
Any Contractor-supplied Container determined by Renton to be leaking shall be replaced by the
Contractor within twenty-four (24) hours of notification from Renton. Failure of the Contractor to
comply shall be cause for performance fees, as described in Section 5.1.
3.1.18 Pilot Programs
Renton may wish to test and/or implement one or more new services or developments in waste stream
segregation, materials processing, or collection technology at some point during the term of this
Contract. Renton shall notify the Contractor in writing at least ninety (90) days in advance of its
intention to implement a pilot program or of its intentions to utilize a new technology system on a city-
wide basis, or as negotiated between the City and Contractor. The costs (or savings) accrued by city-
initiated pilot programs shall be negotiated prior to implementation. If Renton deems the pilot a
success, and desires to incorporate the service or development represented in the pilot program in the
terms of this Contract, the Contractor agrees to negotiate in good faith and in accordance with Section
AGENDA ITEM # 8. b)
City of Renton 20 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
7.14 to include the provisions of the pilot program into this Contract, including any costs or savings to be
accrued.
Contractor-initiated pilot programs shall require prior written notification to and written approval by
Renton. Contractor-initiated pilot programs shall be performed at no additional cost to Renton or the
Contractor’s Customers; however, savings accrued may be subject to negotiations prior to
implementation at Renton’s request. Results of any Contractor-initiated pilot program shall be reported
to Renton in the monthly reports described in Section 3.3.4.1. The Contractor shall not be required to
test or implement any pilot program, new technology, service or development unless the terms and
conditions thereof (including any savings or additional compensation to Contractor) have been mutually
agreed in writing by Renton and Contractor.
3.1.19 Disruption Due to Construction
Renton reserves the right to construct any improvement or to permit any such construction in any street
or alley in such manner as Renton may direct, which may have the effect for a time of preventing the
Contractor from traveling the accustomed route or routes for collection. However, the Contractor shall,
by the most expedient manner, continue to collect Garbage, Recyclables, and Compostables to the same
extent as though no interference existed upon the streets or alleys normally traversed. This shall be
done at no extra expense to Renton or the Contractor’s Customers.
3.1.20 Contractor Planning and Performance Under Labor Disruption
No later than ninety (90) days prior to the expiration of any labor agreement associated with services
performed under this Contract, the Contractor shall provide Renton with its planned response to labor
actions that could compromise the Contractor’s performance under this Contract. The Contractor-
prepared Strike Contingency Plan shall address in detail:
1. The Contractor’s specific staffing plan to cover Contract services, including identification of staff
resources moved from out-of-area operations and the use of local management staff to provide
basic services. The staffing plan shall be sufficient to provide recovery of full operations within
one week following the initiation of the disruption.
2. Contingency training plans to ensure that replacement and management staff operating routes
are able to continue to collect route data and follow collection and material delivery procedures
for all material streams collected from Customers.
3. Identification of temporary Drop-box Containers or staffed packer truck locations for all material
streams. For all sites identified in the Contractor-prepared Strike Contingency Plan, the
Contractor shall list the property owner/lessee’s contact information and the date on which
permission for temporary use was received. Renton shall review these locations, after which
Renton shall approve or deny in writing use of specific locations.
4. A recovery plan to address how materials will be collected in the event of a short-notice
disruption that does not allow the Contractor to collect all materials on their regular schedule
(e.g. a wildcat strike) within one week following the initiation of the disruption.
The Contractor shall keep Renton informed of the status of active labor negotiations on a daily basis,
specifically during the period surrounding the end of employee contracts with Contractor employees. In
the event that labor disruptions of any kind cause reductions in service delivery, the Contractor shall
AGENDA ITEM # 8. b)
City of Renton 21 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
inform Renton within four (4) hours by phone and e-mail of the nature and scope of the disruption, as
well as the Contractor’s immediate plans to activate any or its entire Strike Contingency Plan. At the
close of each service day during a Labor Disruption, the Contractor shall report to Renton via e-mail the
areas (per a detailed map) and customer counts of served and un-served customers by material stream
and service sector.
The Contractor shall provide make-up collection on Saturday for any Single-family Garbage and
Recyclables collection Customers missed during the preceding week.
In the event that a disruption lasts more than one full Single-family Residential collection cycle, the
Contractor with approval of Renton shall provide Drop-box Containers or staffed packer trucks for
Customer use for each affected material stream in approved locations throughout the affected route
areas, as well as the collection of reasonable quantities of accumulated materials at no additional charge
on the next regular collection cycle for each material.
The Contractor shall provide a credit for all service missed equal to the Customers’ pro-rata regular rate
minus the disposal component on the Customer’s next regular invoice.
Renton and Contractor agree that the following special compensation and performance fees reflect the
best estimate of the impacts of the Labor Disruption to Customers and Renton. The Contractor shall pay
Renton monthly by the tenth day of the following month:
1. A cost reimbursement amount of five thousand dollars ($5,000.) for each day of Labor
Disruption to reimburse staffing and other costs for managing the impacts of the Labor
Disruption;
2. A performance fee of ten thousand dollars ($10,000.) a day for each day of Labor Disruption
from the 1st day to the 7th day of the Labor Disruption;
3. A performance fee of twenty thousand dollars ($20,000.) a day for each day of Labor Disruption
from the 8th day to 14th day of the Labor Disruption; and
4. A performance fee of forty thousand dollars ($40,000.) a day for each day of Labor Disruption
for every day beyond the 14th day of Labor Disruption.
The performance fees listed as 3 through 4, above, are intended to apply to any complete work
stoppage where alternative but substantially equivalent service by non-striking employees is not
provided by the Contractor or otherwise. In the event substantially equivalent service is provided by the
Contractor through the employment of non-striking employees at any point during the course of the
labor disruption, the Contractor is entitled to reduce the amount of the performance fees that
otherwise would be due on a pro-rata basis, based on the percentage of Contract service provided to
Customer provided on that day. Given the nature of the failure arising from labor disruptions, the
Contractor shall not be allowed any cure period opportunity or rectification process; provided, however,
that Renton may elect to receive the equivalent value of additional services, as negotiated, in lieu of
these specific performance fees.
The Contractor’s failure to comply with the Contractor-prepared Strike Contingency Plan of this section
shall be subject to a special fee of twenty thousand dollars ($20,000) per day for its non-compliance
during the Labor Disruption event. This special fee is separate compensation to Renton for the
AGENDA ITEM # 8. b)
City of Renton 22 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Contractor’s failure to plan and execute the provisions of this section. The special fee shall be paid to
Renton within thirty (30) days of the Contractor’s receipt of Renton’s invoice.
Fees paid by the Contractor under the terms of this Section 3.1.20 are not regular performance fees for
the purposes of Section 5 and shall not be counted in the cumulative performance fee default threshold
referenced in Section 5.2 (6).
3.1.21 Site Planning and Building Design Review
The Contractor shall, upon request and without additional cost, make available site planning assistance
to either Renton and/or property owners. The site planning assistance shall be available for all new
construction or remodeling of buildings and structures within the Service Area, and shall address the
design and planning of Garbage, Recyclables and Compostables removal areas and their location upon
the site of the proposed construction or remodeling project. Contractor planning assistance for
optimizing loading docks and other areas shall also be available for existing building managers when
realigning Garbage, Recyclables and Compostables services.
3.1.22 Safeguarding Public and Private Facilities
The Contractor shall be obligated to protect all public and private improvements, facilities, and utilities
whether located on public or private property, including street curbs. If such improvements, facilities,
utilities, or curbs are damaged by reason of the Contractor’s operations, the Contractor shall notify
Renton immediately in writing of all damage, and the Contractor shall repair or replace the same or pay
Renton for repairs. If the damage creates an immediate public safety issue that requires an immediate
response, the Contractor shall, along with notifying Renton immediately in writing, call Renton to inform
them of such matter. If the Contractor fails to do so promptly, as determined by Renton, Renton shall
cause repairs or replacement to be made, and the cost, including overhead and administrative costs, of
doing so shall be paid by the Contractor or deducted from amounts owed the Contractor under the
Contract. Renton shall not be liable for any damage to property or person caused by the actions of the
Contractor, and the Contractor shall indemnify and hold Renton harmless for any such damage or legal
implications from said actions.
3.1.23 Transition and Implementation of Contract
The Contractor shall develop, with Renton’s input and prior written approval, and submit to Renton no
later than thirty (30) days after the Date of Execution of this Contract, a Transition and Implementation
Plan for introducing the new and revised services to the different Customer sectors (i.e., Single-family,
Multifamily Complex, and Commercial Customers), and detailing a specific timeline as to when different
activities and events will occur, including details of Container delivery, how different events impact
other events in the timeline and the process to be used to ensure that implementation occurs with no
disruption. The Transition and Implementation Plan shall cover the entire period following the Date of
Execution of this Contract, up through and including the six (6) month period following the Date of
Commencement of Service. The Contractor shall separately describe in detail what is involved with each
of the activities and events listed in the timeline. The Transition and Implementation Plan shall
specifically address how the Contractor intends to proceed in the event of inclement weather and what
contingency plans will be in place to accelerate implementation if Container delivery or other planned
activities are impacted by inclement weather.
AGENDA ITEM # 8. b)
City of Renton 23 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The Contractor shall be responsible for funding all the design, development, printing, sorting, mail prep,
delivery, and mailing costs, including the cost of the postage-prepaid mail-back cards and any costs
associated with the website ordering services, and of all new and continuing service and educational
materials described above and needed to comply with the Transition and Implementation Plan outreach
described in this section of the Contract.
Any additional promotional, educational, informational, and outreach materials provided by the
Contractor to Customers in connection with the initial transition and implementation of the Contract
shall be designed, developed, printed, and delivered by the Contractor, at the Contractor’s cost, and
subject to Renton’s prior review and written approval and Renton’s final approval as to method of
delivery. Renton will be provided a minimum of two (2) weeks to review any of the materials included in
the Contractor’s Transition and Implementation Plan schedule to allow sufficient time for Renton prior
review and written approval.
3.1.24 Hiring Preference
For initial hiring under this Contract, the Contractor and subcontractors shall actively recruit and give
hiring preference to any Garbage, Recyclables, or Compostables (including Yard Debris) collection
workers who serviced City of Renton routes for the previous hauler at the time that the previous
collections contract(s) expired and have been displaced as a result of the City awarding this Contract,
provided that such workers are fully qualified and meet the Contractor’s standards for employment.
Upon the hiring of a displaced collection worker represented by Teamsters Local 117 or 174, the
Contractor shall be required to keep the displaced worker whole in regard to the workers’ pay and
benefit accruals earned as of the date of displacement. To the extent application of the Contractor’s
collective bargaining agreement would otherwise result in a reduction in pay or benefits, the existing
pay/benefit accrual will be maintained at the current rate until such time as the applicable bargaining
agreement provision(s) provides for an increase. Any displaced worker must be reimbursed by the
company for any required COBRA payment made in order to retain health care coverage during the time
period between displacement and when the worker would become eligible for such benefits under the
Contractor’s bargaining agreement.
3.1.25 Performance Review
The City may, at its option, conduct a review of the Contractor’s performance under this Contract. If
conducted, the performance review shall include, but is not limited, to a review of the Contractor’s
performance relative to requirements and standards established in this Contract, including Customer
service standards. The Contractor agrees to fully cooperate with the performance review and work with
City staff and consultants to ensure a timely and complete review process.
The results of the performance review shall be presented to the Contractor within thirty (30) days of
completion. Should the City determine that the Contractor fails to meet the Contract performance
requirements and standards, the City shall give the Contractor written notice of all deficiencies. The
Contractor shall have sixty (60) days from its receipt of notice to correct deficiencies to the City’s
satisfaction. If the Contractor fails to correct deficiencies within sixty (60) days, the City may allow the
AGENDA ITEM # 8. b)
City of Renton 24 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Contractor additional time to comply, accept other remedies for the service failure or proceed with the
contract default process pursuant to Section 5.2 of this Contract, at the City’s sole option.
The costs of the development and implementation of any action plan required under this Section 3.1.25
or Section 5.1 shall be paid for solely by the Contractor, and the costs of developing or implementing
such action plan may not be passed on to Customers or the City, or included in rates or fees charged
Customers.
The City may, at its option, design and implement an alternative annual Contract compliance monitoring
program with or without Contractor performance incentives. If such a program is desired by the City,
the City and Contractor agree to negotiate in good faith the monitoring methodologies used to ensure
accurate and unbiased sampling of performance data. The City shall bear the costs of staff, City-
retained consultants and performance incentives (if used) and the Contractor shall bear the costs of
staff and route costs to perform the monitoring.
3.1.26 Continual Monitoring and Evaluation of Operations
The Contractor’s supervisory and management staff shall be available to meet with Renton at either the
Contractor’s office or Renton City Hall, at Renton’s option, on a weekly basis during the first six months
of the contract and monthly throughout the term of the Contract to discuss operational and Contract
issues.
The Contractor shall continually monitor and evaluate all operations to ensure that compliance with the
provisions of this Contract is maintained.
Renton may periodically monitor collection system parameters such as participation, Container
condition, contents weights, and waste composition. The Contractor shall assist and fully cooperate with
Renton by coordinating the Contractor’s operations with Renton’s periodic monitoring to minimize
inconvenience to Customers, Renton, and the Contractor. The Contractor also shall provide full access to
equipment, processing facilities, route and Customer service data, safety records, and other applicable
information. Renton’s review of Contractor activities and records shall occur during normal office hours
and shall be supervised by the Contractor’s staff.
3.1.27 Collection/Disposal Restrictions
All Garbage collected under this Contract, as well as residues from processing Recyclables and
Compostables, shall be delivered to the King County Disposal System, unless otherwise directed in
writing by Renton
Garbage containing obvious amounts of Yard Debris shall not knowingly be collected from Customers
and instead prominently tagged with a written notice informing the Customer that King County does not
accept Yard Debris mixed with Garbage for collection. Contractor’s awareness, knowing, or intentional
collection of Garbage mixed with visible Yard Debris shall be grounds for performance fees as provided
in Section 5.1. Renton shall not be liable or legally responsible in any way for the Contractor’s
awareness, knowing, or intentional collection of Garbage mixed with visible Yard Debris. The Contractor
shall indemnify and hold Renton harmless for any such damage or legal implications resulting from said
collection.
AGENDA ITEM # 8. b)
City of Renton 25 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The Contractor shall not knowingly or as a result of gross negligence collect or dispose of Hazardous
Waste or other hazardous materials that are either restricted from disposal or would pose a danger to
collection crews. If materials are rejected for this reason, the Contractor shall leave a written notice with
the rejected materials listing why they were not collected and providing the Customer with a contact for
further information about proper disposal options for such materials.
3.1.28 Direct Disposal Payment
The City shall be responsible for paying County disposal fees directly to the County. The Contractor shall
comply with City and County requirements for the City’s direct disposal payment arrangement with the
County. The City and Contractor shall work with the County to develop and execute an agreement with
the County to continue the existing disposal arrangement. In the event that revisions to the agreement
are necessary due to changes in County or city policy, the Contractor and Renton shall negotiate in good
faith to revise the plan to reflect changed circumstances.
3.1.29 Emergency Response
The Contractor shall provide Renton with the use of the Contractor’s labor and equipment for assistance
in the event of a disaster or emergency declaration. Contractor services shall be provided immediately
upon city directions and paid at the Contract rates in Attachment B.
The Contractor shall keep full and complete records and documentation of all costs incurred in
connection with disaster or emergency response, and include such information in the monthly and
annual reports required under Section 3.3.4. The Contractor shall maintain such records and
documentation in accordance with Renton’s prior written approval and any standards established by the
Federal Emergency Management Agency, and at Renton’s request, shall assist Renton in developing any
reports or applications necessary to seek federal assistance during or after a federally-declared disaster.
3.2 Collection Services
3.2.1 Single-Family Residence Garbage Collection
3.2.1.1 Subject Materials
The Contractor shall collect all Garbage placed at Curbside for disposal by Single-Family Residence
Customers in, and adjacent to Garbage Cans, bags, and Garbage Carts. The Contractor shall offer carry-
out service to Disabled Customers at no charge (per Section 3.1.6).
AGENDA ITEM # 8. b)
City of Renton 26 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
3.2.1.2 Containers
The Contractor shall provide collection Containers to Customers at no charge. Garbage Carts shall be
delivered by the Contractor to Single-Family Residence Customers within seven (7) days of the
Customer’s initial request.
3.2.1.3 Specific Collection Requirements
The Contractor shall offer regular every-other-week collection of the following service levels:
1. one 20-gallon Garbage Cart;
2. one 35-gallon Garbage Cart;
3. one 45-gallon Garbage Cart;
4. one 64-gallon Garbage Cart; and
5. one 96-gallon Garbage Cart.
The Contractor shall also provide a weekly “premium” Single–family Residential Garbage collection
service. The service will not be actively publicized by Renton, but will be available to residents who, for
varying reasons, are unable or unwilling to have every-other-week Garbage collection service. The
Contractor shall be compensated for “premium” service based on the surcharge itemized in Attachment
B, as adjusted over time by Section 4.2 and 4.3.
Garbage in excess of Container capacity or the subscribed service level shall be collected and properly
charged as Extra Units to the Customer; with the exception of excess Garbage collection otherwise
authorized under this Contract at no charge to the Customer. The Contractor shall maintain route lists in
sufficient detail to allow accurate recording and charging of all Extra Units. Customers shall be allowed
to specify that no Extra Units be collected without prior Customer notification, which shall be provided
by the Single-Family Residence Customer no less than twenty-four (24) hours prior to that Customer’s
regular collection.
Collections shall be made from Single-Family Residences on a regular schedule on the same day and as
close to a consistent time as possible. The Contractor’s crews shall make collections in an orderly and
quiet manner, and shall return all Containers, in an upright position, with lids closed and attached, to
their original set out location.
Extra charges may be assessed for materials loaded so as to lift the Garbage Can, or Garbage Cart lid in
excess of six (6) inches from the normally closed position. The Contractor may charge for an overweight
Container at the Extra Unit rate, provided that the Container weight is documented in writing, and the
Customer agrees to pay for special handling. Otherwise, an overweight Container shall be left at the
Curb and tagged with written notification as to why it was not collected. Customers may specify to the
Contractor that they may not be charged for overweight or extra Containers, in which case any such
Containers shall be left at the Curb uncollected and tagged with written notification as to why it was not
collected.
The City may, at its option, elect to offer a curbside clean-up program provided to all Single-Family
Customers. In the event that the City elects to provide the program during a calendar year, the City shall
notify the Contractor in writing no later than October 1st of the preceding year. During the calendar year
AGENDA ITEM # 8. b)
City of Renton 27 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
in which the service is offered, the City shall increase the compensation provided to the Contractor by
$0.10 per month per Single-Family Residence Customer account billed during the year in which the
service is offered. This amount is subject to adjustment pursuant to the provisions of Section 4.2.1. The
service shall consist of a collection service provided either once that year on a scheduled week, or
through the use of an on-demand year-round call-based service at the option of the City. Under that
service, the Contractor shall provide curbside collection to handle bulky materials at no additional
charge to Customers. The service/event shall accept two categories of household Garbage items: (1) up
to one (1) yard of individual small items not larger than three feet by three feet and weighing not more
than 65 pounds; and (2) two additional non-appliance bulky items, including but not limited to
mattresses, sofas and chairs. The Contractor shall be responsible for maintaining records of Customer
usage to ensure that each Customer only receives the free service once each year. Additionally, the
Contractor shall report Customer usage of this service in the monthly reports provided to the City and
will summarize usage in the annual report.
3.2.2 Single-Family Residence Recyclables Collection
3.2.2.1 Recyclable Materials
Residential Recyclables shall be collected from all participating Single-Family Residence Customers as
part of basic Garbage collection services, without extra charge. If operational or recycling processing
improvements are made that allow additional materials to be recycled at no additional cost to the
Contractor, the Contractor agrees to expand the defined list of Residential Recyclables to cover such
materials, subject to prior written approval by Renton. The Contractor shall collect Curbside prepared
and either called-in or set-out Recyclables as described in Attachment C. With the exception of
Corrugated Cardboard, the maximum dimensions for Recycling materials shall be two (2) feet by two (2)
feet.
Renton reserves the right to engage in product stewardship and/or waste prevention activities that may
result in one or more materials being removed from the Attachment C list.
3.2.2.2 Containers
The Contractor shall provide collection Containers to Customers at no charge. The default Recycling Cart
size shall be 96-gallons, provided that the Contractor shall offer and provide 32- or 64-gallon Recycling
Carts on request to those Single-Family Residence Customers requiring less capacity than provided by
the standard 96-gallon Recycling Cart.
Recycling Carts shall be delivered by the Contractor to new Single-Family Residence Customers, those
Customers requesting replacements, or Customers that had previously rejected their Recycling Cart,
within seven (7) days of the Customer’s initial request.
3.2.2.3 Specific Collection Requirements
Single-Family Residence Recyclables collection shall occur every-other-week on the same day as each
household’s Garbage and Compostables collection. Collections shall be made from residences on a
regular schedule on the same day and as close to a consistent time as possible. The Contractor shall
collect on Public Streets and Private Roads in the same location as Garbage collection service is
AGENDA ITEM # 8. b)
City of Renton 28 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
provided. The Contractor’s crews shall make collections in an orderly, non-disruptive and quiet manner,
and shall return Containers with their lids closed and attached to their set out location, and out of any
Public Street, in an orderly manner.
The Contractor shall collect all properly prepared Single-Family Residence Recyclables from subscribing
Single-Family Residence Customers for Garbage service. No limits shall be placed on set-out volumes for
Curbside Recyclables, other than those specifically listed in Attachment C.
3.2.3 Single-Family Residence Compostables Collection
3.2.3.1 Subject Materials
Properly-prepared Compostables shall be collected each week from all participating Single-Family
Residence Customers as part of basic Garbage collection services, without extra charge.
3.2.3.2 Containers
The Contractor shall provide Compostables Carts to Customers at no charge. The default Compostables
Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 32- or 64-gallon
Compostables Carts on request to those Single-Family Residence Customers requiring less capacity than
provided by the default Compostables Cart. The Contractor shall also provide a smaller capacity Food
Mini-can for Customers wishing to use a Container only for Food Scraps. The model Food Mini-can used
by the Contractor shall be approved in writing by Renton prior to the Contractor purchasing inventory.
Excess Yard Debris material that does not fit in a Compostables Cart shall be bundled or placed in Kraft
paper bags, reusable plastic bags, or properly labeled Customer-owned Garbage Cans. Customers
choosing to use their own Garbage Can for excess Yard Debris shall be provided durable stickers by the
Contractor that clearly identify the container’s contents as “Yard Debris.” The Contractor shall maintain
and have available for Customers a list of local retail stores that carry acceptable Kraft paper bags and
reusable plastic Yard Debris bags. The list of local retail stores shall be provided on the Contractor’s
website and available to Customers by mail. The Contractor shall also make acceptable paper bags and
reusable plastic Yard Debris bags available at its customer service center.
Compostables Carts shall be delivered by the Contractor to new Single-Family Residence Customers,
Customers requesting a replacement Compostables Cart, and Customers that had previously rejected
their Compostables Cart within seven (7) days of the Customer’s initial request.
The Contractor shall provide and distribute to all requesting Single-Family Residence Customers a
kitchen Food Scrap collection container, previously approved by Renton in writing, with a capacity of
approximately 9.6 quarts. The Contractor shall include instructional materials, subject to Renton’s prior
written approval, with all kitchen Food Scrap collection containers. Distributed kitchen Food Scraps
collection containers shall include at least two biodegradable liners, provided at the Contractor’s cost.
Kitchen Food Scraps collection containers will be distributed to each Single-Family Residence in the
service areas previously defined by Ordinance 5618 and Ordinance 5619 at no additional cost. Any new
Single-Family Residence added to the City Service Area shall also receive a kitchen Food Scraps container
at no additional cost.
AGENDA ITEM # 8. b)
City of Renton 29 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The Contractor shall provide an on-call fee-based Compostables Container cleaning service to Customers
at the rate directed by Renton.
The Contractor shall maintain and have available for Single-Family Residence Customers a list of local
retail stores that carry acceptable biodegradable plastic or other material bags for Customers to use for
the accumulation of Food Scraps to be placed in the Compostables Carts. The list of local retail stores
shall be provided on the Contractor’s website and available to Customers by mail. The Contractor shall
also make acceptable biodegradable plastic or other material bags available at its customer service
center.
3.2.3.3 Specific Collection Requirements
Properly prepared Compostables shall be collected weekly on the same day as each household’s
Garbage and Recyclables collection from all Single-Family Residence Customers. Collections shall be
made from Single-Family Residence Customers on a regular schedule on the same day and as close to a
consistent time as possible. There shall be no limit on the amount a customer may set out for collection,
provided that the Contractor may petition Renton to limit collection in the event that a customer
consistently abuses the service by setting out commercial quantities of Compostables.
The Contractor shall provide annual holiday tree collection during the first two weeks of each year at no
additional charge for both Single-family and Multifamily Customers, including those Multifamily
Customers that do not subscribe to compostables collection. Clean uncontaminated (e.g. no tinsel)
trees up to six feet in length shall be collected without further preparation. The collection may occur on
regular Compostables collection routes to the extent that the collection vehicles can handle six foot
lengths of material. In the case of Multifamily Customers, collection will occur on the customer’s
garbage collection day during the first two weeks of the year.
Compostables may be placed in Carts, paper bags, bundles, or relabeled Garbage Cans next to the initial
Compostables Cart, provided that Food Scraps shall be contained in the initial Cart and only Yard Debris
shall be placed in bags, bundles, or open cans.
The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage
collection is provided. The Contractor’s crews shall make collections in an orderly and quiet manner, and
shall return Containers in an upright position, with lids attached, to their set out location and out of the
public street
3.2.4 Multifamily Complex and Commercial Customer Garbage Collection
3.2.4.1 Subject Materials
The Contractor shall collect all Garbage set out for disposal by Multifamily Complex and Commercial
Customers in or next to Containers.
3.2.4.2 Containers
Multifamily Complex and Commercial Customers shall be offered a full range of Container and service
options, including Garbage Carts and one (1) through eight (8) cubic yard compacted and non-
AGENDA ITEM # 8. b)
City of Renton 30 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
compacted Detachable Containers. Containers shall be provided to Customers at no charge, except for
compacting Containers or unless otherwise set forth in this Contract and directed by Renton.
Materials in excess of Container capacity or the subscribed service level shall be collected and properly
charged as Extra Units as directed by Renton. The Contractor shall develop and maintain route lists in
sufficient detail to allow accurate recording and charging of all Extra Units.
The Contractor may use either or both front-load or rear-load Detachable Containers to service
Multifamily Complex and Commercial Customers. However, not all collection sites within Renton Service
Area may be appropriate for front-load collection due to limited maneuverability or overhead
obstructions. The Contractor shall provide Containers and collection services capable of servicing all
Customer sites, whether or not front-load collection is feasible.
Containers shall be delivered by the Contractor to requesting Multifamily Complex and Commercial
Customers within three (3) days of the Customer’s initial request.
3.2.4.3 Specific Collection Requirements
Collections from both Multifamily Complex and Commercial Customers shall be made on a regular
schedule on the same day and as close to a consistent time as possible to minimize Customer confusion.
The Contractor shall provide locks for Containers upon request, remove and replace Containers from
enclosures and position (roll-out) Containers up to twenty-five (25) feet for Garbage (and Recycling and
Compostable) collection at no additional charge. Additional Roll-out charges may be assessed in twenty-
five (25) foot increments only to those Multifamily Complex and Commercial Customers for whom the
Contractor must move a Container over twenty-five (25) feet to reach the collection vehicle at its
nearest point of access. Extra charges may be assessed for materials loaded so as to lift the Container lid
in excess of six (6) inches from the normally closed position.
Multifamily Complex and Commercial Garbage may request extra collections and shall pay a
proportional amount of their regular monthly rate for that service as directed by Renton.
3.2.5 Multifamily Complex and Commercial Recyclables Collection
3.2.5.1 Subject Materials
All properly prepared Recyclables listed in Attachment C for Multifamily and Commercial Customers,
shall be collected as part of the basic Garbage collection services, without extra charge and without
limit. Renton reserves the right to engage in product stewardship and/or waste prevention activities
that may result in one or more materials being removed from the Recyclables listed in Attachment C.
3.2.5.2 Containers
The Contractor shall provide Recycling Containers at no additional charge to all Multifamily Complex and
Commercial Customers requesting Containers.
AGENDA ITEM # 8. b)
City of Renton 31 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The Contractor shall encourage and promote recycling and recommend appropriate Container sizes
through its site visit and evaluation process. The Contractor shall encourage the use of Detachable
Containers or Drop-box Containers instead of multiple Carts at locations where more than one cubic
yard of Recycling capacity is provided, unless space or other constraints favor the use of Carts.
Containers used for the collection of Recyclables shall be delivered by the Contractor to requesting
Customers within three (3) days of the Customer’s initial request.
3.2.5.3 Specific Collection Requirements
Multifamily Complex and Commercial recycling collection shall occur at least weekly or more frequently
if space constraints preclude providing sufficient weekly capacity. Collections shall be made on a regular
schedule on the same day(s) of the week and as close to a consistent time as possible to minimize
Customer and tenant confusion. The Contractor’s crews shall make collections in an orderly, non-
disruptive, and quiet manner, and shall return Containers after emptying to the same location as found,
with their lids closed.
3.2.6 Multifamily Complex and Commercial Customer Compostables Collection
The Contractor shall provide Cart-based Compostables collection services on Renton’s approval to
requesting Multifamily Complexes and Commercial Customers using Detachable Containers for Garbage
service. Renton shall compensate the Contractor for the service at the rates in Attachment B and may
choose to embed the service in Garbage rates or direct the Contractor charge a retail rate to the
Customer.
3.2.6.1 Subject Materials
The Contractor shall provide collection of Compostables from any requesting Multifamily Complex or
Commercial Customer, subject to that Customer’s continued compliance with material preparation
requirements. Contaminated or oversized Compostables materials rejected by the Contractor shall be
tagged in writing in a prominent location with an appropriate problem notice explaining why the
material was rejected.
3.2.6.2 Containers
Carts or Food Mini-Cans Containers shall be provided to Customers as part of the service at no
additional charge. Compostables Containers shall be delivered by the Contractor to Multifamily
Complex and Commercial Customers within three (3) days of a Customer’s initial request.
AGENDA ITEM # 8. b)
City of Renton 32 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
3.2.6.3 Specific Collection Requirements
Multifamily Complex and Commercial Customer Compostables collection shall occur at least weekly or
more frequently, as subscribed for. Collections shall be made on a regular schedule on the same day(s)
of the week and as close to a consistent time as possible to minimize Customer confusion. The
Contractor’s crews shall make collections in an orderly and quiet manner, and shall return Containers
after emptying to the same location as found, with their lids closed.
Multifamily Complexes and Commercial Customers using Cart Garbage service shall be provided
embedded Food Scraps service through the use of a Food Mini-Can. Cart Garbage service Customers
shall be notified of the service when signing up for Garbage collection and shall be provided a Food
Mini-Can on request at no additional charge. The Garbage rate in Attachment B for Multifamily
Complex and Commercial Customer Cart service includes the costs of providing this Food Scraps
collection service.
3.2.7 Drop-Box Container Garbage Collection
3.2.7.1 Subject Materials
The Contractor shall provide Drop-Box Container Garbage collection services to Customers, in
accordance with the service level selected by the Customer.
3.2.7.2 Containers
The Contractor shall pay the cost of procuring and providing Containers for Garbage meeting the
standards described in Section 3.1.15. Both Customer-owned and Contractor-owned Drop-box
Containers shall be serviced, including Customer-owned compactors.
The Contractor shall maintain a sufficient Drop-box Container inventory to provide delivery of empty
containers by the Contractor to new and temporary Customers within three (3) business days after the
Customer’s initial request.
3.2.7.3 Specific Collection Requirements
The Contractor shall provide dispatch service and equipment capability of collecting full Drop-box
Containers on the same business day if the Customer’s initial request is received by the call center
before or at 10:00 a.m., and no later than the next business day if the Customer’s initial call is received
by the call center after 10:00 a.m. At the Customer’s request, the Contractor shall deliver an empty
Drop-box Container to the Customer at the time of collecting the full Drop-box Container. Drop-box
Containers shall be delivered to new Customers within one business day of their initial request.
The Contractor shall detach, remove and replace Drop-Box Containers from locked or unlocked
enclosures at no additional charge. The Contractor may charge additional time or mileage only upon the
Customers prior approval and only when the Customer direct material to a facility other than the closest
King County disposal facility.
AGENDA ITEM # 8. b)
City of Renton 33 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
3.2.8 Temporary (Non-Event) Container Customers
The Contractor shall maintain a sufficient Container inventory, including Detachable Container and
Drop-box Containers, to provide delivery of empty Containers by the Contractor to temporary
Customers within twenty-four (24) hours after the Customer’s initial request. The charges for temporary
Detachable Container service as listed in Attachment B shall include delivery, collection, distance, and
disposal or processing for Recyclables or Compostables. No additional fees other than those included in
Attachment B may be charged. Temporary Garbage services do not include embedded Recycling or
Compostables collection and shall not exceed ninety (90) days in duration. Customers requiring service
for more than ninety (90) days shall subscribe for regular combined Garbage, Recycling, and
Compostables service.
3.2.9 Special Event Services
The Contractor shall provide temporary Garbage, Recyclables, and Compostables Containers to
Customers sponsoring special events within the Service Area at the rates listed in Attachment B. The
Contractor shall provide such Customers with assistance in determining Container needs and signage for
Garbage, Recyclables, and Compostables at the special events, including site visits and technical
assistance to ensure that the maximum Recyclables and Compostables diversion is achieved. The
Contractor shall coordinate their efforts with Renton, and provide such Customers and Renton with a
summary of the volumes and tonnages of materials disposed of, and diverted for recycling and
composting.
The Contractor shall provide special event services as a bundle, with each event provided collection of
Garbage, Recyclables, and Compostables. The provision of Garbage-only service is discouraged, and shall
be offered on a case-by-case basis only upon prior written approval of Renton.
3.2.10 Renton Services
The Contractor shall provide collection of all on-street Litter and Recyclables receptacles within Renton,
as listed in Attachment E. Collection shall occur not less than three (3) times each week and up to five
(5) times each week, depending on season and need, at the discretion of Renton. Additional Litter and
Recyclables receptacles may be added to the Attachment E list at Renton’s discretion, at no additional
charge.
In addition to Renton’s existing Litter Receptacles, the Contractor shall procure and install up to 20
additional Litter and/or Recyclable Receptacles with liners equivalent in locations designated by Renton.
Replacement liners for all Renton Litter and Recyclable Receptacles shall be the responsibility of the
Contractor. Specification for Renton Litter and Recyclable Receptacles include:
Victor Stanley
Model S424, 36 Gallon Litter Receptacle with standard tapered, formed lid and black plastic liner.
Color: VS Green or other designated by Renton.
For Recyclable Receptacle the color shall be blue and include a recycle lid.
AGENDA ITEM # 8. b)
City of Renton 34 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The Contractor shall provide weekly Garbage, Recyclables and Compostables collection to all Renton-
owned municipal facilities as a part of this Agreement and at no additional charge. Those facilities
include, but are not limited to the following:
Facility Service Address
Carco Theatre 1717 Maple Valley Highway
Cedar River Dog Park 1500 Houser Way S
Fire Station #11 211 Mill Ave S
Fire Station #12 1209 Kirkland Ave
Fire Station #13 17040 108th Ave SE
Fire Station #14 1900 Lind Ave SW
Fire Station #17 14810 Petrovitsky Rd SE
former Renton City Hall 200 Mill Ave S
Gene Coulon Park Sunset & 1201 Lake Washington Blvd N
Henry Moses Aquatic Center 1719 Maple Valley Highway
Highlands Neighborhood Center 800 Edmonds Ave NE
Maplewood Golf Course 4050 Maple Valley Highway
North Highlands Neighborhood Center 300 NE 16th
Renton Airport Renton Field, 600 Perimeter Rd W
Renton City Hall 1055 S Grady Way
Renton City Hall Annex 1010 S 2nd St
Renton Community Center 1715 Maple Valley Highway
Renton Facilities Maintenance 105 Williams Ave N
Renton Historical Museum 235 Mill Ave S
Renton Parks Maintenance 107 Williams Ave N
Renton Public Library 100 Mill Ave S
Renton Public Works Maintenance 3555 NE 2nd St
Renton Senior Center 211 Burnett Ave N
At any time during the Term of this Contract, Renton may add facilities and parks in addition to those
listed above. Additional municipal facilities added during the term of the Contract shall also be provided
collection, including new facilities developed within the Service Area, as well as municipal facilities in
future annexation areas covered by this Contract, provided that no more than two additional facilities or
parks may be added per year without additional compensation to the Contractor.
3.2.11 Renton-Sponsored Community Events
The Contractor shall provide Garbage and Recycling services for Renton-sponsored special events at no
charge to Renton or users. Container capacity shall be coordinated with event staff to ensure that
sufficient Container capacity and collection frequency is provided by the Contractor. These events shall
include, but not be limited to:
• Code Enforcement Clean-up Support: In residential areas designated by Renton, Contractor
shall support clean-up events with up to 12 Drop-box Containers per year. Contractor shall
provide 10 yard - 40 yard Drop-box Containers (or other sizes approved by Renton) without
AGENDA ITEM # 8. b)
City of Renton 35 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
charge to Renton. Contractor shall waive delivery, rental and other fees and the City shall
pay for disposal.
• Special Recycling & Reuse Events: The Contractor shall provide support at two (2) Special
Recycling Events and one (1) Reuse Event each year. At each event, the Contractor shall
provide Drop-box or Detachable Containers for Garbage, Recyclables, and Compostables
collected at the events. The Contractor shall provide all equipment, staffing, collection,
transportation, and recycling at no additional charge to Renton, and Renton shall be
responsible for any disposal fees.
• Other Renton Events: The Contractor shall provide Garbage, Recycling, and Compostables
collection services for the following Renton-sponsored events at no charge to Renton or
users. Services and container capacity shall be coordinated with event staff to ensure that
sufficient container capacity and collection frequency is provided by the Contractor.
o Renton River Days
o Fourth of July Celebration
o Neighborhood Picnics – Up to 15 picnics per year
o Farmers’ Market
o Annual City Employee Celebration
At any time during the term of this Contract, Renton may add Renton-Sponsored Community Events in
addition to those listed above, provided that if Renton adds more than one event every year, the
Contractor may negotiate compensation for those additional events.
Additional event services for public or private Customers shall be charged at the rate listed in
Attachment B for each set of three (3) 96 gallon carts, per event day. This fee is all-inclusive for delivery,
setup and collection of containers.
3.2.12 On-call Bulky Waste Collection
The Contractor shall provide on-call Bulky Waste collection to any Customer, including Multifamily and
Commercial Customers.
On-call collection of Bulky Waste shall be provided by the Contractor to Customers by appointment for
no more than the charge set forth in Attachment B to this Contract, with collection occurring no later
than five (5) business days after a Customer initial request.
Customers must place Bulky Waste at the regular Garbage collection location no more than 24-hours
prior to collection. The Contractor shall notify the Customer of the specific date that their item will be
collected, the charge that will be made to their next bill, and where the item should be placed for
collection.
The Contractor shall recycle all metal white goods, unless another arrangement is approved in writing by
Renton, and to make a reasonable effort to recycle all other materials collected. The Contractor shall
direct Customers to remove doors from refrigerators and freezers before collection and not to place
Bulky Waste at the Curb prior to twenty-four (24) hours before scheduled collection.
AGENDA ITEM # 8. b)
City of Renton 36 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
The Contractor shall maintain a separate log listing service date, materials collected, Customer charges,
weights, and whether the item was recycled or disposed. This log shall be provided to Renton on a
monthly basis in accordance with Section 3.3.4. On-call Bulky Waste collection must occur during the
hours and days specified in Section 3.1.4, with the exception that Saturday collection is permissible if it
is more convenient for Customers. The Contractor’s crews shall make collections in an orderly, non-
disruptive and quiet manner.
3.2.13 Excluded Services
This Contract does not include the collection or disposal of Hazardous Waste.
3.3 COLLECTION SUPPORT AND MANAGEMENT
3.3.1 General Customer Service
The Contractor shall be responsible for providing all Customer service functions, including, but not
limited to:
• Answering Customer telephone calls, texts, chat, and e-mail requests;
• Informing Customers of current, new, and optional services and charges;
• Handling Customer subscriptions and cancellations;
• Receiving and resolving Customer complaints;
• Dispatching Drop-box Containers, temporary containers, and special collections;
• Billing; and,
• Maintaining and updating regularly as necessary a user-friendly internet website.
• Maintaining and updating regularly as necessary a user-friendly mobile application.
These functions shall be provided at the Contractor’s sole cost, with such costs included in Contractor
charges set forth in Attachment B.
The City acknowledges that the Contractor will be shifting call center functions to out-of-state locations
with the intention of enhancing customer service and offering updated functionality for telephone,
mobile applications, texts, e-mails and website requests. If, as a result of this transition the Contractor
fails to meet Contract requirements for Customer service, the Contractor shall shift call center functions
back to a local customer service site within King County no later than one hundred twenty (120) days
after the City’s written notification.
3.3.2 Specific Customer Service Requirements
The Contractor shall maintain a service base within twenty-five (25) miles of Renton corporate limits.
Operations and management staff shall be located at that site, provided that call center operations may
be remotely provided. The Contractor’s call center shall be open at a minimum from 7:00 a.m. to 7:00
p.m. Pacific Time Zone weekdays, and 8:00 a.m. to 5:00 p.m. Pacific Time Zone Saturdays. The holiday
collection schedule described in Section 3.1.7 shall also apply to Customer service coverage. Customer
service representatives shall be available through the Contractor’s call center during office hours for
communication with the public and Renton representatives. Customer calls shall be taken during office
AGENDA ITEM # 8. b)
City of Renton 37 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
hours by a person, not by voice mail. During all non-office hours for the call center, the Contractor shall
have an answering or voice mail service available to record messages from all incoming telephone calls,
and include in the message an emergency telephone number for Customers to call during outside
normal office hours in case of an emergency.
The Contractor shall maintain a twenty-four (24) emergency telephone number for use by Renton. The
Contractor shall have a representative, or an answering service to contact such representative, available
at such emergency telephone number for city-use during all hours, including normal office hours.
Inability to reach the Contractor’s staff via the emergency telephone numbers shall be cause for
performance fees in accordance with Section 5.1.2.
3.3.2.1 Customer Service Representative Staffing
During call center service hours, the Contractor shall maintain sufficient call center staff to answer and
handle complaints and service requests from all Customers without delay. If incoming telephone calls
necessitate, the Contractor shall increase staffing levels as necessary to meet Customer service
demands. The Contractor shall provide and publicize a telephone number capable of handling service
related text messages.
The Contractor shall maintain sufficient staffing to answer and handle complaints and service requests
in a timely manner made by methods other than telephone, including letters, e-mails, text messages or
webpage messages. If staffing is deemed to be insufficient by Renton to handle Customer complaints
and service requests in a timely manner, the Contractor shall increase staffing levels to meet customer
service standards.
The Contractor shall provide additional staffing during the transition and implementation period, and
especially from six (6) weeks prior to the Date of Commencement of Service, through the end of the
fourth month after the Date of Commencement of Service, to ensure that sufficient staffing is available
to minimize Customer waits and inconvenience. The Contractor shall receive no additional
compensation for increased staffing levels during the transition and implementation period. Staffing
levels during the transition and implementation period shall be subject to Renton’s prior review and
approval.
3.3.2.2 Renton Customer Service
The Contractor shall maintain staff that has management level authority to provide a point of contact
for the majority of inquiries, requests, and coordination covering the full range of Contractor activities
related to this Contract. Duties include, but are not limited to:
• Assisting staff with promotion and outreach to Single-Family Residences, Multifamily
Complexes, Commercial Customers, and special events;
• Serving as an ombudsperson, providing quick resolution of Customer issues, complaints, and
inquiries; and,
• Assisting Renton with program development and design, research, response to inquiries, and
troubleshooting issues.
AGENDA ITEM # 8. b)
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
A Contractor-designated service expert shall be immediately accessible by staff to address emerging
problems as needed, and shall return messages (telephone, text or e-mail) within four (4) hours of
Renton’s leaving or sending a message.
Should the Contractor fail to meet the expectations for customer service to Renton as described herein,
the Contractor shall be assessed performance fees in accordance with Section 5.1.
3.3.2.3 Service Recipient Complaints and Requests
The Contractor shall record all complaints and service requests, regardless of how received, including
date, time, Customer’s name and address, if the Customer is willing to give this information, method of
transmittal, and nature, date and manner of resolution of the complaint or service request in a
computerized daily log. Any telephone calls received through the Contractor's non-office hours voice
mail or answering service shall be recorded in the log the no later than by the following business day.
The Contractor shall make a conscientious effort to resolve all complaints within twenty-four (24) hours
of the original phone call, letter, or internet communication, and service requests within the times
established throughout this Contract for various service requests. If a longer response time is necessary
for complaints or requests, the reason for the delay shall be noted in the log, along with a description of
the Contractor’s efforts to resolve the complaint or request.
The Customer service log shall be available for inspection by Renton, or its designated representatives,
during the Contractor’s office hours, and shall be in a format approved by Renton. The Contractor shall
provide a copy of this log in an electronic format from the Microsoft Office suite of software to Renton
with the monthly report.
3.3.2.4 Handling of Customer Calls
All incoming telephone calls shall be answered promptly and courteously, with an average speed of
answer of less than thirty (30) seconds. No telephone calls shall be placed on hold for more than two (2)
minutes, and on a monthly basis, no more than 10% of incoming telephone calls shall be place on hold
for more than twenty (20) seconds. A Customer shall be able to talk directly with a Customer service
representative when calling the Contractor’s Customer service telephone number during office hours
without navigating an automated phone answering system. An automated voice mail service or phone
answering system may be used when the office – both the Customer Service Office and the Customer
Service Center – is closed.
A Customer calling into the Customer service phone lines and placed on hold shall hear either Renton-
specific messages or messages that are applicable and not misleading to Customers.
3.3.2.5 Corrective Measures
Upon the receipt of Customer complaints in regard to busy signals or excessive delays in answering the
telephone, Renton may request the Contractor submit a plan to Renton for correcting the problem.
Once Renton has approved the plan, the Contractor shall have sixty (60) days to implement the
corrective measures, except during the transition and implementation period from one (1) month prior
to the Date of Commencement of Service, through the end of the fourth month after the Date of
Commencement of Service, during which the Contractor shall have one (1) week to implement
AGENDA ITEM # 8. b)
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
corrective measures. Reasonable corrective measures shall be implemented without additional
compensation to the Contractor. Failure to provide corrective measures shall result in possible
performance fees for the Contractor.
3.3.2.6 Contractor Internet Website
The Contractor shall provide a user-friendly Internet website accessible twenty-four (24) hours a day,
seven (7) days a week, containing information specific to Renton’s collection programs, including at a
minimum contact information, collection schedules, day of collection map that is dated as of the last
change and always current, material preparation requirements, available services and options, rates and
fees, inclement weather service changes, and other relevant service information for its Customers. The
website shall include an e-mail function for Customer communication with the Contractor, and the
ability for Customers to submit service requests and manage their services on-line. E-mailed Customer
service requests shall be answered within twenty-four (24) hours of receipt. The website shall offer
Customers the option to receive and pay their service bills on-line through a secured bill payment
system that enables Customers to make one-time or ongoing payments via credit card or
checking/savings account at no extra charge.
The website design shall be usability tested and then submitted to Renton for approval a minimum of
three (3) months prior to the Date of Commencement of Service of this Contract, and then changes shall
be subject to Renton’s prior approval throughout the term of this Contract. The Contractor shall provide
among its local staff a knowledgeable and proficient website manager that is responsive to Renton’s
request(s) for changes to the Contractor’s website. Changes requested by Renton consisting of textual
messages only shall be uploaded to the website within seventy-two (72) hours of the time of the
request(s). Changes requested by Renton, of a textual nature, that are related to an emergency or time-
sensitive situation (such as an inclement weather event, windstorm, or event preventing access to a
Customer’s regular place of container set-out) shall be uploaded to the website as soon as possible and
not more than six (6) hours from of the time of request. Changes requested by Renton that include a
graphical component must be uploaded to the website within ten (10) days of the time of the request.
The Contractor shall update the website monthly, and more often if necessary, and provide links to
Renton’s website, checking on a regular basis that all links are current. The website shall include
information requested by Renton translated into a minimum of four (4) languages other than English,
including Spanish, Chinese, Russian, and one other language to be identified by Renton. Upon Renton’s
request, the Contractor shall provide a website utilization report indicating the usage of various website
pages and e-mail option.
3.3.2.7 Full Knowledge of Garbage, Recyclables, and Compostables Programs Required
The Contractor’s Customer service representatives shall be fully knowledgeable of all collection services
available to Customers, including the various services available to Single-Family Residence, Multifamily
Complex and Commercial Customers. For new Customers, Customer service representatives shall
explain all Garbage, Recyclables, and Compostables collection options available depending on the sector
the Customer is calling from. For existing Customers, the representatives shall explain new services and
options, and resolve recycling issues, collection concerns, missed pickups, container deliveries, and
other Customer concerns. Customer service representatives shall be trained to inform Customers of
AGENDA ITEM # 8. b)
City of Renton 40 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Recyclables and Compostables preparation specifications. Renton policy questions shall be immediately
forwarded to Renton for response.
The Contractor’s Customer service representatives shall have instantaneous electronic access to
Customer service data and history to assist them in providing excellent customer service. The Contractor
shall provide Renton with internal customer service representative training and support information
specific to Renton to allow Renton to review and check information provided to customer service
representatives and, in turn, provided to Customers. Any revisions to these materials shall be approved
in writing (e-mail is acceptable) by Renton prior to being used by customer service representatives.
The Contractor shall also provide Renton with no less than five (5) phantom billing accounts
representing various sectors to facilitate city monitoring of Customer communications and billing
protocols. These phantom accounts shall be established in conjunction with Renton and shall be
accessible to Renton and managed as if Renton were a normal Customer using these accounts.
3.3.2.8 Customer Communications
All Customer communications (other than routine service and billing interactions with individual
Customers) shall be reviewed and approved by the City before distribution.
Renton and Contractor recognize that Customer preferences for their method of communication may
change during the Term of this Contract and agree to adjust customer service expectations to match
Customer preferences. For example, if call traffic to the Contractor’s telephone-based call center
reduces over time and is supplanted by an increase in texting, the Contractor shall shift staff resources
accordingly to ensure high levels of customer service. The City and Contractor agree to review Contract
requirements periodically and negotiate in good faith any desired improvements to the Contract service
standards related to customer service delivery.
3.3.2.9 Customer Service Location within Renton
The Contractor shall provide a physical Customer service location, centrally located within the city limits
of Renton and open a minimum of 40 hours each week, Monday – Saturday, where Customers are able
to pay bills, access account information, change service, view examples of available Carts for selecting
service level, obtain kitchen containers, recycling and composting information, and other customer
support activities related to this Contract. The Customer Service Location’s bill payment function may
be limited to non-cash payment, provided that a cash payment location is provided within a reasonable
walking distance to the main Customer service location and subject to the City’s approval. The
Customer service location may be co-located with another organization and/or may provide other
functions unrelated to Contract activities. The location and scope of operations shall be approved by
the City prior to implementation.
AGENDA ITEM # 8. b)
City of Renton 41 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
3.3.3 Customer Billing Responsibilities
The Contractor shall serve as billing agent for Renton and will invoice Customers, receive and post
payments, deposit Customer remittances into a Renton account and provide a weekly report of receipts
to Renton.
The Contractor shall be responsible for all billing functions related to the collection services required
under this Contract, in accordance with a Billing Operations Plan negotiated between the City and the
Contractor. Billing and accounting costs associated with Customer invoicing shall be borne by the
Contractor, and are included in the service fees included as Attachment B.
Customers may not suspend collection services, but may reduce their service to the minimum service
specified in the Billing Operations Plan. The Contractor shall reconcile their Customer list with a Renton-
provided list of addresses to identify potential Customers not in compliance with Renton’s mandatory
collection ordinance. The timing and Renton list format shall be arranged between Renton and
Contractor, but the Customer list reconciliation shall occur no less frequently than annually.
The Contractor shall be responsible for the following:
• Generating combined Garbage, Recyclables, and Compostables collection bills for all Customers;
• Billing Single-family Customers quarterly and all other Customers monthly;
• Generating bills printed double-sided, on a minimum of fifty percent (50%) recycled with at least
thirty percent (30%) post-consumer recycled-content paper, unless a Customer has opted for
paperless billing in which case no paper bill shall be generated;
• Generating bills that include at a minimum a statement indicating the Customer’s current
service level, current charges, including itemized extra services, and payments, appropriate
taxes and fees, Customer service contact information and website information;
• Generating bills that clearly state the date at which late fees will be assessed for non-payment;
• Generating bills that have sufficient space on the front of the bill for educational or
informational messaging, as directed by Renton;
• Accepting payment in person from Customers at a location within the City, and on-line at the
Contractor’s website. Customers shall be able to make payments by cash, check, or debit/credit
card at physical locations;
• Accepting automatic ongoing payments from Customers via debit or credit card, checking or
savings account withdrawal, or by wire transfer. Customer shall be provided with withdrawal or
transfer date options and one option shall be to pay the day prior to when late fees are due. No
transaction fees may be levied on any Customer payments;
• Accepting, processing, and posting payment data each business day;
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
• Accepting bill inserts from Renton for specific Customer sectors;
• Maintaining a system to monitor Customer subscription levels, record excess Garbage or
Compostables collected, place an additional charge on the Customer’s bill for the excess
collection, charge for additional services requested and delivered and allow for accurate
tracking of the Single-family curbside clean-up program. This system shall maintain a Customer’s
historical account data for a period of not less than six (6) years from the end of the fiscal year in
accordance with Renton’s record retention policy, and in a manner that is instantaneously
accessible to Customer service representatives needing to refer to Customer service data and
history;
• Accepting and responding to Customer requests for service level changes, missed or inadequate
collection services, and additional services; and
• Collecting unpaid charges from Customers for collection services.
The Contractor shall be required to have procedures in place to backup and minimize the potential for
the loss or damage of the account servicing (e.g., Customer service, service levels, and billing history)
database. The Contractor shall ensure that at a minimum a daily backup of the account servicing
database is made and stored off-site. The Contractor shall also provide Renton with a copy of the
Customer service database by e-mail or electronic media on a monthly basis. Renton shall have
unlimited rights to use the Customer service database, including, but not limited to, developing targeted
educational and outreach programs, analyzing service level shifts or rate impacts, and/or providing
information to successor contractors.
Upon seven (7) days written notice, the Contractor shall provide Renton with a paper and/or electronic
copy at Renton’s discretion of the requested Customer information and history, including but not
limited to Customer names, service and mailing addresses, contact information, service levels, and
current account status.
Renton reserves the right to review and approve in writing the bill template used by the Contractor as to
format and design to ensure Customer satisfaction.
In the event the Contractor has repeated problems implementing and satisfactorily performing
Contractor billing, the City may elect to shift back to City billing upon 90 days notice to the Contractor.
The City and Contractor agree to negotiate the timely implementation of that shift and the associated
reduction in Contractor rates based on the Contractor’s original proposal in response to the City’s 2015
procurement for this Contract.
AGENDA ITEM # 8. b)
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
3.3.4 Reporting
The Contractor shall provide monthly, annual, and ad hoc reports to Renton. The Contractor report
formats may be modified from time to time at Renton’s request at no cost to Renton. In addition, the
Contractor shall allow staff access to pertinent operations information related to compliance with the
obligations of this Contract, such as vehicle route assignment and maintenance logs, Garbage,
Recyclables, and/or Yard Debris/Organic Waste facility certified weight slips, and Customer charges and
payments.
3.3.4.1 Monthly Reports
On a monthly basis, within thirty (30) days of the last day of each month, the Contractor shall provide a
report, in a format approved by the City, containing the following information for the previous month:
1. A billing summary that provides the number of Customers billed at each service level (e.g. by
container size, extra services) for each service sector (e.g., Single-Family Residence, Multifamily
Complex, Commercial Customers and Drop-box hauls by Container size), the total number of
Customers for each type of service by sector, Customer receipts by each service level, and total
billings.
2. A log of all Customer requests, complaints, inquiries, and site visits, including Customer name,
property name and address, date of contact or site visit, reason for site visit, results of Customer
request, complaint, inquiry and/or site visit, Container sizes for various materials (e.g., Garbage,
Recycling, Compostables, etc.), frequency of collection for various materials before site visit and
resulting changes after site visit, additional follow-up needed, follow-up conducted, results of
follow-up, and materials provided.
3. Reports from the Contractor’s customer service telephone system showing total call volume,
total calls answered, average speed of answer, percent of calls answered within twenty (20)
seconds, total calls placed on hold, percent of calls on hold answered within twenty (20)
seconds, percent of calls on hold answered within two (2) minutes, total number of abandoned
calls, abandonment rate (abandoned call divided by total volume of calls), and average time to
abandonment.
4. Website utilization report showing total number of Customers paying their bills on-line, total
number of Customers managing their services on-line, total number of e-mails received via
website, data on site usage, and other data or information as Renton may require for internal
reporting purposes.
5. A summary of total Garbage, Recyclables and Compostables, quantities collected (in tons) for
each collection sector. Where item counts are more appropriate for certain Recyclables or Bulky
Wastes (e.g. appliances, CFLs, etc.), reporting item counts are sufficient. The summary shall
include the names of facilities used for all materials and tonnage delivered to each facility.
6. A summary of Recyclables market prices, contamination levels and processing residues disposed
as Garbage.
AGENDA ITEM # 8. b)
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
7. A list of current disposal or processing fees per ton for each material collected.
8. A description of any vehicle accidents or infractions.
9. A description of any promotion, education, and outreach efforts, including where possible,
samples of materials, and summary of any feedback or response received from Customers.
10. A description of Contractor activities and tonnages related for city services and events.
11. A list of potential Customers that are in non-compliance with Renton’s mandatory collection
requirements, including name, service address, mailing address, phone, e-mail contact
information, Contractor attempts to retain the Customer and date of last service.
12. A summary of Customer metrics consistent with the fee reporting requirements of the Local
Hazardous Waste Management Program for the purpose of paying quarterly fees. For this
Contract, the Contractor will collect the fees as Renton’s agent, and Renton will pay the Local
Hazardous Waste Program fees to Public Health, Seattle & King County, based on the metrics
provided by the Contractor.
If collection vehicles are used to service more than one Customer sector, the Contractor shall develop an
apportioning methodology that allows the accurate calculation and reporting of collection volumes and
quantities from the different sectors. The apportioning methodology shall be subject to the prior review
and written approval of Renton, and shall be periodically verified through field testing by the Contractor.
3.3.4.2 Annual Reports
On an annual basis, by the first working day of March, the Contractor shall provide a report containing
the following information for the previous year:
1. A consolidated summary and tabulation of the monthly reports, described above.
2. A discussion of highlights and other noteworthy experiences, along with measures taken to
resolve problems, increase efficiency, and increase participation in, and volume of, Recyclables
and Compostables collection programs.
3. A discussion of opportunities and challenges expected during the current year, including steps
being taken to take advantage of opportunities and resolve the challenges.
4. A discussion of promotion, education, and outreach efforts, and accomplishments for each
sector.
5. An inventory of current collection vehicles and other major equipment, including model, year,
make, serial or VIN number, assigned vehicle number, mileage (if vehicle), collection sector
assigned to or used in, and maintenance history, including vehicle painting.
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
6. An inventory of all Containers used in the performance of this Contract, including location
address, Customer name and contact information, and the size and serial number of all
Containers used at that address.
7. A list of Multifamily Complexes eligible for Recycling and Compostables collection service, but
not receiving one or both services, with the results of required contacts made during the year to
promote the Recycling and/or Compostables service to those complexes, including the reason
why the Multifamily Complex is not receiving Recycling and/or Compostables service.
8. A list of Commercial Customers eligible for Recycling and Compostables collection service, but
not receiving one or both services, with the results of required contacts made during the year to
promote the Recycling and/or Compostables service to those sites, including the reason why the
Commercial Customer is not receiving Recycling and/or Compostables service
9. A detailed report on Container change-out, cleaning, painting, re-stickering and/or labeling, and
replacement completed or not completed on schedule during the previous year.
10. A summary of the monthly logs of Customer requests, complaints, inquiries, site visits, and
resolutions or results, as required in Section 3.3.4.1. The summary shall organize Customer
requests, complaints, inquiries, and site visits by category (e.g., missed pickups, improper set-
ups).
11. A summary of Customer usage of the annual curbside cleanup program.
The annual report shall be specific to Renton’s operations, written in a format appropriate for contract
management and shall not be a generalized listing of Contractor activities in the region or elsewhere.
3.3.4.3 Ad Hoc Reports
Renton may request from the Contractor up to twelve (12) ad-hoc reports each year, at no additional
cost to Renton. These reports may include Customer service database tabulations to identify specific
service level or participation patterns or other similar information. Reports shall be provided in Renton-
defined format and software compatibility. These reports shall not require the Contractor to expend
more than two hundred (200) staff hours per year to complete.
3.3.4.4 Other Reports
If requested by Renton, the Contractor shall provide daily route information for all service sectors and
collection streams for the purpose of evaluating potential collection system changes during the Term of
the Contract. Information received by Renton shall be subject to existing laws and regulations regarding
disclosure, including the Public Disclosure Act, Chapter 42.56 of the Revised Code of Washington.
3.3.5 Promotion and Education
The Contractor, at its own cost and at the direction of Renton, shall have primary responsibility for
developing, designing, executing, and distributing public promotion, education, and outreach programs.
The Contractor shall also have primary responsibility for Customer recruitment, providing annual
AGENDA ITEM # 8. b)
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
service-oriented information and outreach to Customers, including providing on-site commercial
Recycling and Compostables technical assistance, distributing Renton-developed promotional and
educational pieces at Renton’s direction, and implementing on-going recycling promotions, education,
and outreach programs at the direction of Renton. All written materials, Customer surveys and other
general communications provided to Customers by the Contractor shall be approved in advance by the
City.
The Contractor shall annually contact, by telephone or site visit, the manager or owner of each
Multifamily Complex site to encourage recycling participation, address concerns, space or
contamination problems, offer additional or on-going education or training to tenants, and inform the
manager or owner of all available services and ways to decrease Garbage generation, increase recycling
and prevent contamination in Recyclables and Compostables Containers. The Contractor shall
coordinate and work cooperatively with Renton staff and/or consultants hired to conduct outreach and
education, and provide technical assistance.
The Contractor shall every two (2) years during the duration of the Contract, starting with Contract
implementation in late 2016, follow-up with each Commercial Customer by telephone or in person to
address additional concerns, space or contamination problems, and offer additional education or
training to tenant businesses. The Contractor shall attempt to reach each Commercial Customer by
telephone no more than two (2) times, with a minimum of one (1) week separating each attempted
telephone call, at which time, if unsuccessful, shall conduct a site visit to the Commercial Customer. The
Contractor’s educational efforts to Commercial Customers shall include performing waste audits to
determine areas that need improvement, developing and covering the cost of stickers or signage for
interior collection containers, and delivering Commercial Customer program packets to the Commercial
Customers or their tenants, as requested by the Commercial Customer, a commercial tenant, or Renton.
The Contractor shall coordinate and work cooperatively with Renton’s staff and/or consultants hired to
conduct outreach and education, and provide technical assistance.
The Contractor shall, upon request of a Commercial Customer or a tenant business, and at the
Contractor’s expense, conduct a site visit within one week of the request to review existing services,
determine recycling potential, and assess space constraints for additional Containers.
Any additional promotional, educational, and informational materials provided by the Contractor to
Customers in connection with the Contract shall be designed, developed, printed, and delivered by the
Contractor, at the Contractor’s cost, and subject to Renton’s final written approval as to form, content,
and method of delivery. Renton shall review and approve all materials and a minimum of a two (2)
weeks review period shall be provided in all cases by the Contractor to allow sufficient time for review
and approval.
Outreach to Commercial Customers by the Contractor shall not preclude Renton or its consultants from
also conducting targeted outreach and technical assistance to encourage waste prevention and
recycling.
3.3.6 Transition to Next Contractor
The Contractor shall work with Renton and any successive contractor in good faith to ensure minimal
Customer disruption during the transition period from Renton’s previous contractor to Renton’s new
AGENDA ITEM # 8. b)
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Contractor. Cart and Container removal and replacement shall be coordinated between the Contractor
and a successive contractor to occur simultaneously in order to minimize Customer inconvenience. In
the event that Renton does not elect to retain the Contractor’s Containers pursuant to Section 3.1.15.3,
the Contractor shall remove any Containers for all services or any portion of services provided under this
Contract upon sixty (60) days written notice from Renton.
The Contractor shall provide a detailed Customer list in an electronic format acceptable to Renton,
including Customer name, contact information (i.e., telephone number and e-mail address, if available),
service address, mailing address, collection service levels and frequencies, day of collection and
Container rental service levels to the successive contractor within seven (7) days of initial request by
Renton.
Failure to fully comply with this Section 3.3.6 shall result in the forfeiture of the Contractor’s
performance bond, at Renton’s discretion.
4. COMPENSATION
4.1 Compensation to the Contractor
Renton manages a solid waste utility fund and sets Customer rates in accordance with city rate policies
as needed to fund Renton obligations. Those obligations include paying the Contractor for collection
services, paying for Garbage disposal fees directly to King County, and other functions related to
Renton’s solid waste system. Renton will set retail rates for Customers and will inform the Contractor of
the retail rates to be charged no later than ninety (90) days prior to the implementation of the rate
change. Renton’s setting of retail rates is separate from, and distinct, from the Contractor
compensation rates listed in Attachment B, as adjusted by Section 4.2. The Contractor shall promptly
implement Renton’s rates changes and provide notification of pending rate changes on Customer bills.
The Contractor shall provide all billing functions for services under this Contract and shall collect funds
from Customers on Renton’s behalf as Renton’s billing agent. Customer remittances are the property of
Renton and not the Contractor.
The Contractor shall be responsible for billing and collecting revenue from Single-Family Residence,
Multifamily Complex, and Commercial Customers in accordance with the charges for services directed
by Renton. Renton shall pay the Contractor for services rendered, in accordance with Attachment B (as
adjusted pursuant to this Contract), within thirty (30) days of receipt of Contractor’s monthly invoice for
such services. Renton’s payments to the Contractor shall comprise the entire compensation due to the
Contractor.
Renton is not required under this Contract to make any payments to the Contractor for services
performed, or for any other reason, except as specifically described in this Contract or for services
Renton obtains as a Customer.
In the event that the Contractor or a Customer desires solid waste-related services not specifically
addressed in this Contract, the Contractor shall propose service parameters and a rate to Renton in
writing, based on the average of surrounding WUTC tariffs if such service is addressed in current tariffs.
Upon Renton’s written approval, the Contractor may provide the requested services and may be
AGENDA ITEM # 8. b)
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
authorized to directly invoice the Customer the Contractor’s retail rate for those services. In no case
shall the Contractor provide unauthorized services or charge unauthorized rates.
Renton provides Senior low-income and/or disabled resident discounts to certain Single-family
Residential Customers meeting Renton’s eligibility criteria. Renton shall provide the Contractor with an
initial list of eligible accounts and shall provide the Contractor with provisions of Renton’s ordinance so
that the Contractor may implement the policy for Customers requesting the discount in the future. The
Contractor’s compensation from Renton will not be reduced for those Customers.
4.2 Compensation Adjustments
4.2.1 Annual CPI Modification
The Contractor’s collection service charges and miscellaneous fees and Contract options contained in
Attachment B, excluding waste disposal fees, for each level of service shall increase each year by one
hundred percent (100%) of the annual percentage change in the Consumer Price Index (CPI) for the
Seattle-Tacoma-Bremerton Metropolitan Area for the U.S. City Average Urban Wage Earners and
Clerical Workers, all items (Revised Series) (CPI-W1982-84=100) prepared by the United States
Department of Labor, Bureau of Labor Statistics, or a replacement index. Adjustments shall be based on
the twelve (12) month period ending June 30th of the previous year that the request for increase is
made. For example, an adjustment to the Contractor’s collection service charge for 2018 will be based
on the CPI for the twelve (12) month period ending June 30, 2017.
In the event that the CPI index series decreases year-to-year, the service component of Contractor rates
shall remain unchanged, and the successive year’s adjustment shall be based on the most recent June
30th CPI index value which yielded a positive year-to-year adjustment. In the event that the CPI index
series increases over eight percent (8%) year-to-year, the actual adjustment used shall be capped at
eight percent (8%).
Adjustments to the Contractor’s collection service charge shall be made in units of one cent ($0.01).
Fractions less than one cent ($0.01) shall not be considered when making adjustments.
The Contractor’s compensation shall be adjusted annually, beginning January 1, 2018. The Contractor
shall submit in writing and electronic form to Renton for review and verification a Rate Adjustment
Statement, calculating the new rates for the next year, on or by October 1st of each year, starting
October 1, 2017. In the event that the Contractor does not submit a Rate Adjustment Statement by
October 1st, Renton shall calculate and unilaterally implement a rate adjustment based on the best
available information as of October 1st of that year for the applicable period and the Contractor shall
lose the right to appeal this action. On Renton’s review and verification, the new rates shall take effect
on January 1st of the following year. An example of rate adjustments due to Consumer Price Index
changes is provided in Attachment D.
4.2.2 Changes in Disposal or Compostables Processing Sites
If the Contractor is required by Renton or other governmental authority to use Garbage disposal or
Compostables processing sites other than those being used at the initiation of this Contract, the
Contractor shall submit a detailed proposal for the adjustment of the rates to reflect any additional cost
AGENDA ITEM # 8. b)
City of Renton 49 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
or savings to the Contractor. Renton and Contractor agree to negotiate in good faith any changes to the
rates to offset these costs or savings.
If the Contractor is no longer be able to find a processing site for all collected Compostables, after a
good faith effort to locate a processing facility acceptable to Renton, Renton reserves the right to drop
the collection of affected components of Compostables, such as Food Scraps, from the Contract and
Renton and Contractor shall negotiate rate reduction in good faith to reflect the reduction in service. If
the Contractor is subsequently able to find a processing site for Compostables or the site that was
originally used for processing Compostables is able to resume taking the dropped materials, Renton
reserves the right to reinstate the collection of those materials and to reverse the previously agreed rate
reduction for the reduction in service.
4.2.3 Other Modifications
The Contractor shall not adjust or modify rates due to employee wage increases, changes in
Compostables processing fees, Garbage collection service level shifts, or other changes affecting the
collection system.
In the event that unforeseen temporary market circumstances prevents or precludes compliance with
the requirements of Section 3.1.12, the Contractor may request a temporary adjustment or other relief
from the requirements of that Section 3.2.12. The City may request any and all documentation and data
reasonably necessary to evaluate such request by the Contractor, and may retain, at its own expense, an
independent third party to audit and review such documentation and such request. If such third party is
retained, the City shall take reasonable steps, consistent with State law, to protect the confidential or
proprietary nature of any data or information supplied by the Contractor.
If an unforeseen market circumstance persists more than nine (9) months, the Parties agree to engage in
good faith negotiations to determine a mutually acceptable course of action, including but not limited to
eliminating the materials from the list of Recyclables, changing Customer preparation requirements,
modifying Contractor rates, or any other mutually-agreeable solution.
The City shall review the Contractor’s request within one hundred twenty (120) days of receipt. Upon
the City’s review of the Contractor’s request, the City shall approve or deny the request, at its sole
discretion.
4.2.4 New or Changes in Existing Taxes
If new municipal or Washington State taxes or fees are imposed or the rates of existing taxes are
changed after the Date of Execution of this Contract, and the impact of these changes results in
increased or decreased Contractor costs in excess of ten thousand dollars ($10,000) annually, the
Contractor and Renton shall enter into good faith negotiations to determine whether compensation
adjustments are appropriate for the amount exceeding the ten thousand dollar ($10,000) threshold and
if so, to determine the amount and the method of adjustment.
In the event that road or bridge tolls are implemented that affect the Contractor’s operations under this
Contract, Renton and Contractor agree to enter into good faith negotiations to adjust compensation
AGENDA ITEM # 8. b)
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
accordingly, without meeting the ten thousand dollar ($10,000) cost threshold referenced in the
preceding paragraph.
4.2.5 Changes in Service Provision
In the event that either the Contractor or Renton initiates any changes in how Contract services are
provided that reduce Contractor costs, the Contractor shall promptly notify Renton in writing of such
reduced costs, and rates shall be reduced within thirty (30) days of the subject change so that Renton
and the Contractor’s Customers shall receive the benefit of fifty percent (50%) of the cost savings.
4.3 Change in Law
Changes in federal, State, or local laws or regulations that result in a detrimental change in
circumstances or a material hardship for the Contractor in performing this Contract may be the subject
of a request by the Contractor for a rate adjustment, subject to review and approval by Renton, at
Renton’s sole option. If Renton requires review of financial or other proprietary information in
conducting its rate review, at the request of the Contractor, Renton shall retain a third-party to review
such information at the Contractor’s expense, and may take any other steps it deems appropriate to
protect the confidential nature of Contractor’s documents and preserve the Contractor’s ongoing ability
to remain competitive.
4.4 Compensation Adjustments Approval
Any compensation or fee adjustments as provided for in Section 4 shall be approved or disapproved by
Renton.
5. FAILURE TO PERFORM, REMEDIES, TERMINATION
Renton expects high levels of Customer service and collection service provision. Performance failures
shall be discouraged, to the extent possible, through specific performance fees for certain infractions
and through Contract default for more serious lapses in service provision. Section 5.1 details infractions
subject to performance fees and Section 5.2 details default provisions and procedures.
AGENDA ITEM # 8. b)
City of Renton 51 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
5.1 Performance Fees
Renton reserves the right to make periodic, unscheduled inspection visits to determine the Contractor’s
compliance with the provisions and requirements of this Contract. In the event that Renton’s inspection
reveals that the Contractor has failed to satisfactorily perform any duties of this Contract, Renton shall
present a documented incident report to the Contractor detailing such unsatisfactory performance. The
Contractor and Renton agree that upon receiving such report, the Contractor shall pay the following
dollar amounts, not as a penalty, but as performance fees for failure to satisfactorily perform its duties
under this Contract. Renton and the Contractor agree that Renton’s damages would be difficult to prove
in any litigation and that these dollar amounts are a reasonable estimate of the damages sustained by
Renton as a result of the Contractor's failure to satisfactorily perform its duties under this Contract. The
performance fees in this Section 5.1 shall not apply to the service impacts of Labor Disruptions, as
separate performance fees shall apply under those circumstances, as described in Section 3.2.10.
Performance fees shall include:
Action or Omission Performance fees
1 Collection before or after the times specified in Section 3.1.4,
except as expressly permitted in writing.
Five hundred dollars ($500) per
incident (each vehicle on each
route is a separate incident).
2 Repetition of complaints on a route after notification,
including, but not limited to, failure to replace Containers in
designated locations, spilling, not closing gates, not replacing
lids, crossing planted areas, or similar violations.
Fifty dollars ($50) per incident,
not to exceed five hundred
dollars ($500) per vehicle per
day.
3 Failure to clean-up or collect leaked or spilled materials
and/or failure to notify Renton within 4 hours of incident.
The cost of cleanup to Renton,
plus five hundred dollars ($500)
per incident.
4 Observed leakage or spillage from Contractor vehicles or of
vehicle contents.
Five hundred dollars ($500) per
vehicle, per inspection, plus
clean-up costs.
5 Failure to replace a leaking Container within twenty-four (24)
hours of notification.
One hundred dollars ($100) per
incident, and then one hundred
dollars ($100) per day that the
Container is not replaced.
6 Failure to collect missed materials within one (1) business
day after notification.
Fifty dollars ($50) per incident to
a maximum of five hundred
dollars ($500) per vehicle per
day.
7 Missed collection of a block segment of Single-Family
Residences (excluding collections prevented by inclement
weather, but not excluding collections prevented by
inoperable vehicles). A block segment is defined as one side
of a street, between cross-streets, not to exceed fifty (50)
houses.
Two hundred fifty dollars ($250)
per block segment if collection is
performed the following day;
one thousand dollars ($1,000) if
not collected by the following
day.
8 Collection as Garbage of non-contaminated Source-
separated Recyclables, Yard Debris, or Compostables in
clearly identified containers, bags, or boxes.
One thousand- dollars ($1,000)
per incident.
AGENDA ITEM # 8. b)
City of Renton 52 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Action or Omission Performance fees
9 Rejection of Garbage, Recyclables, Yard Debris or
Compostables without providing documentation to the
Customer of the reason for rejection.
One hundred dollars ($100) per
incident.
10 Failure to deliver Containers within three (3) days of request
to Multifamily Complex or Commercial Customers requesting
service after the Date of Commencement of Service.
One hundred dollars ($100) per
incident.
11 Failure to deliver Garbage, Recyclables or Compostables
Containers within seven (7) days of request to Single-Family
Residence Customers requesting service after the Date of
Commencement of Service.
Twenty-five dollars ($25) per
incident.
12 Misrepresentation by Contractors in records or reporting. Five thousand dollars ($5,000)
per incident.
13 Failure to provide the required annual report on time. Five hundred dollars ($500) per
day past deadline.
14 Failure to maintain clean, sanitary and properly painted
Containers,
Fifty dollars ($50) per incident,
up to maximum of one thousand
dollars ($1,000) per inspection.
15 Failure to maintain contract-compliant vehicles Fifty dollars ($50) per incident,
up to maximum of one thousand
dollars ($1,000) per inspection.
16 Failure to meet Customer service answer and on-hold time
performance requirements.
One hundred dollars ($100) per
day.
17 Failure to meet the service and performance standards listed
in Section 3.3.2 of this Contract for a period of two (2)
consecutive months.
Two hundred and fifty dollars
($250) per day until the service
standards listed in Section 3.3.2
are met for ten (10) consecutive
business days.
18 Failure to ensure that all Customers have contract compliant
Garbage, Recycling and Compostables Containers on or
before the Date of Commencement of Service.
Five thousand dollars ($5,000)
per day, plus twenty-five dollars
($25) per Container for each
incident occurring after the Date
of Commencement of Service.
19 Failure to include city-authorized instructional/ promotional
materials when Garbage, Recycling, and/or Compostables
Containers are delivered to Single-Family Residences, or
failure to affix required city-authorized stickers on
Containers.
Fifty dollars ($50) per incident,
with no maximum.
20 Failure to separate collection of materials from Service Area
Customers from non service area customers.
Five thousand dollars ($5,000)
per route per day.
21 Failure to properly use an authorized switchable placard or
nameplates as described in Section 3.1.14.
One hundred dollars ($100) per
placard per vehicle per day.
22 Inability to reach the Contractor’s staff via the emergency
telephone number.
Two hundred-fifty dollars ($250)
per incident.
23 The use of outdated, or unauthorized stickers, or lack of
required stickers on Contractor provided Containers.
Fifty dollars ($50) per Container.
AGENDA ITEM # 8. b)
City of Renton 53 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Action or Omission Performance fees
34 Failure to have correct rates for all Customer sectors and
service levels listed on the Contractor’s website.
Two hundred-fifty dollars ($250)
per day, with no maximum.
Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the
Contractor that shall be considered violations or breaches of the Contract, and Renton reserves the right
to exercise any and all remedies it may have with respect to these and other violations and breaches.
The performance fees schedule set forth here shall not affect Renton’s ability to terminate this Contract
as described in Section 5.2.
Performance fees, if assessed during a given month, shall be invoiced in writing by Renton to the
Contractor. The Contractor shall be required to pay Renton the invoiced amount within thirty (30) days
of billing. Failure to pay performance fees shall be considered a breach of this Contract, and shall accrue
penalty charges of eight (8.0%) percent of the amount of any delinquent payments.
Any performance fees assessed against the Contractor may be appealed by the Contractor to Renton
within ten (10) days of being invoiced for assessed performance fees. The Contractor shall be allowed to
present evidence as to why the amount of the assessed performance fees should be lessened or
eliminated, including the provision of incorrect information provided by a previous contractor for
contract failures during the initial transition period. Renton’s decision shall be final.
5.2 Contract Default
The Contractor shall be in default of this Contract if it violates any provision of this Contract. In addition,
the Contractor shall be in default of the Contract should any of the following occur, including, but not
limited to:
1. The Contractor fails to commence the collection of Garbage, Recyclables, or Compostables, or
fails to provide any portion of service under the Contract on the Date of Commencement of
Service, or for a period of more than five (5) consecutive days at any time during the term of this
Contract, except as provided pursuant to Section 3.1.20;
2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license
required by Renton, County, or any federal, State, or other regulatory body in order to collect
materials under this Contract, or comply with any environmental standards and regulations;
3. The Contractor’s noncompliance creates a hazard to public health or safety or the environment;
4. The Contractor causes uncontaminated Recyclables or Compostables to be disposed of in any
way, such as in a landfill or incinerated at an incinerator or energy recovery facility, without the
prior written permission of Renton;
5. The Contractor fails to make any required payment to Renton, as specified in this Contract;
6. The Contractor is assessed performance fees pursuant to Section 5.1 in excess of fifteen
thousand dollars ($15,000) during any consecutive six (6) month period; or
AGENDA ITEM # 8. b)
City of Renton 54 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
7. The Contractor fails to resume full service to Customers within twenty-one days following the
initiation of a labor disruption pursuant to Section 3.1.20.
Renton reserves the right to pursue any remedy available at law or in equity for any default by the
Contractor. In the event of default, Renton shall give the Contractor ten (10) days prior written notice of
its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise
that does not allow ten (10) days prior written notice, Renton shall immediately notify the Contractor of
its intent to exercise its rights immediately. If the Contractor cures the stated reason within the stated
period, or initiates efforts satisfactory to Renton to remedy the stated reason and the efforts continue in
good faith, Renton may opt to not exercise its rights for the particular incident. If the Contractor fails to
cure the stated reason within the stated period, or does not undertake efforts satisfactory to Renton to
remedy the stated reason, then Renton may at its option terminate this Contract.
If the Contractor abandons or violates any portion of this Contract, fails to fully and promptly comply
with all its obligations, or fails to give any reason satisfactory to Renton for noncompliance, and fails to
correct the same, Renton, after the initial ten (10) days’ notice, may then declare the Contractor to be in
default of this Contract and notify the Contractor of the termination of this Contract. A copy of said
notice shall be sent to the Contractor and surety on the Contractor’s performance bond.
Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue the services
provided under this Contract. The surety of the Contractor’s performance bond may, at its option,
within ten (10) days from such written notice, assume the services provided under this Contract that
Renton has ordered discontinued and proceed to perform same, at its sole cost and expense, in
compliance with the terms and conditions of the Contract, and all documents incorporated herein.
In the event that the surety on the Contractor’s performance bond fails to exercise its option within the
ten (10) day period, Renton may complete the services provided under this Contract or any part thereof,
either through contract with another party or any other means.
Renton shall be entitled to recover from the Contractor and the surety on the Contractor’s performance
bond as damages all expenses incurred, including reasonable attorneys’ fees, together with all such
additional sums as may be necessary to complete the services provided under this Contract, together
with any further damages sustained or to be sustained by Renton.
If Renton employees provide Garbage, Recyclables or Compostables collection, the actual incremental
costs of city labor, overhead, and administration shall serve as the basis for a charge to the Contractor
and the surety on the Contractor’s performance bond.
6. NOTICES
All notices required or contemplated by this Contract shall be in writing and personally served or mailed
(postage-prepaid and return receipt requested), addressed to the parties as follows, or as amended by
Renton:
To Renton:
Linda Knight
Solid Waste Coordinator
Public Works Department
AGENDA ITEM # 8. b)
City of Renton 55 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
City of Renton
1055 South Grady Way
Renton, WA 98055
To Contractor:
General Manager
Rabanco Ltd.
22010 76th Ave S
Kent, WA 98032
Copies to:
Division Controller
Rabanco Ltd.
22010 76th Ave S
Kent, WA 98032
Municipal Manager
Rabanco Ltd.
22010 76th Ave S
Kent, WA 98032
7. GENERAL TERMS
7.1 Collection Right
The Contractor shall be the exclusive provider with which Renton shall contract to collect Garbage,
Recyclables and Compostables placed in designated Containers and set out in the regular collection
locations within the Service Area. Renton shall not be obligated to join, contribute to or instigate
litigation to protect the right of the Contractor.
This Contract provision shall not apply to Garbage, Recyclables, or Compostables self-hauled by the
generator; to Source-separated materials hauled by common or private carriers (including drop-off
recycling sites); or to construction/demolition waste hauled by self-haulers or construction or
demolition contractors in the normal course of their business.
The Contractor shall retain the right and cover all costs to dispose of or process and market the Garbage,
Recyclables, and Compostables once these materials are placed in Contractor-provided or Renton-
owned containers. The Contractor shall retain revenues gained from the sale of Recyclables or
Compostables. Likewise, a tipping or acceptance fee charged for Recyclables or Compostables shall be
the financial responsibility of the Contractor.
7.2 Access to Records
The Contractor shall maintain in its local office full and complete operations, Customer, financial, and
service records that at any reasonable time shall be open for inspection and copying for any reasonable
purpose by Renton. In addition, the Contractor shall, during the Contract term, and at least seven (7)
years thereafter, maintain in an office in King County reporting records and billing records pertaining to
AGENDA ITEM # 8. b)
City of Renton 56 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting
the Contractor’s services provided under this Contract. Those Contractor’s accounts shall include, but
shall not be limited to, all records, invoices, and payments under the Contract, as adjusted for additional
and deleted services provided under this Contract. Renton shall be allowed access to these records for
audit and review purposes, subject to the same protections of the Contractor’s financial or other
proprietary information set forth in Section 4.3.
The Contractor shall make available copies of certified weight slips for Garbage, Recyclables, and
Compostables on request within two (2) business days of the request. The weight slips may be
requested for any period during the Term of this Contract.
7.3 Insurance
The Contractor shall procure and maintain, for the Term of the Contract, insurance that meets or
exceeds the coverage set forth below, as determined in the sole reasonable discretion of Renton. The
cost of such insurance shall be paid by the Contractor.
Contractor’s maintenance of insurance as required by this Contract shall not be construed to limit the
liability of the Contractor to the coverage provided by such insurance, or otherwise limit Renton’s
recourse to any remedy available at law or in equity.
7.3.1 Minimum Scope of Insurance
The Contractor shall obtain insurance that meets or exceeds the following of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired, and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage. The policy shall include the ISO CA 9948 Form (or its equivalent)
for transportation of cargo and a MCS 90 Form in the amount specified in the Motor Carrier Act.
The policy shall include a waiver of subrogation in favor of Renton.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01, or a
substitute form providing equivalent liability coverage and shall cover liability arising from
premises, operations, independent contractors, products-completed operations, personal injury
and advertising injury, and liability assumed under an insured contract. There shall be no
endorsement or modification of the Commercial General Liability insurance for liability arising
from explosion, collapse, or underground property damage. Renton shall be named as an
additional insured under the Contractor’s Commercial General Liability insurance policy with
respect to the work performed for Renton, using ISO additional insured endorsement CG 20 10
11 85 or a substitute endorsement providing equivalent coverage.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
AGENDA ITEM # 8. b)
City of Renton 57 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
4. Contractor’s Pollution Liability insurance coverage covering any claim for 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.
7.3.2 Minimum Amounts of Insurance
Contractor shall maintain at a minimum the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of five million dollars ($5,000,000) for each accident. Limits may be achieved
by a combination of primary and umbrella policies.
2. Commercial General Liability insurance shall be written with limits no less than three million
dollars ($3,000,000) for each occurrence, five million dollars ($5,000,000) general aggregate,
and a two million dollar ($2,000,000) products-completed operations aggregate limit. Limits
may be achieved by a combination of primary and umbrella policies.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4. Contractor’s Pollution Liability insurance shall be written with limits no less than five million
dollars ($5,000,000) combined single limit for each pollution condition for bodily injury, personal
injury, property damage, cleanup costs, and legal defense expense.
7.3.3 Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
Liability, Commercial General Liability, and Contractor’s Pollution Liability coverage:
1. The Contractor’s insurance coverage shall be the primary insurance with respect to Renton, its
officials, employees, and volunteers. Any insurance, self-insurance, or insurance pool coverage
maintained by Renton shall be in excess of the Contractor’s insurance and shall not contribute
with it. Renton, its officials, employees, and volunteers shall be named as certificate holders and
additional insured’s on the Contractor’s insurance policy.
2. Coverage shall state that the Contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer’s
liability.
3. Each insurance policy required by the insurance provisions of this Contract shall provide the
required coverage and shall not be suspended, voided, or canceled except after thirty (30) days
prior written notice has been given to Renton. Such notice shall be sent directly to Renton. If any
insurance company refuses to provide the required notice, the Contractor or its insurance
broker shall notify Renton of any cancellation, suspension, or non-renewal of any insurance
immediately on receipt of insurers’ notification to that effect.
AGENDA ITEM # 8. b)
City of Renton 58 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
7.3.4 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VIII.
7.3.5 Verification of Coverage
The Contractor shall furnish Renton’s Risk Manager and City Attorney Department 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 at least a
month before the Date of Commencement of Service of this Contract.
7.3.6 Subcontractors
The Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject
to all of the same insurance requirements as stated herein for the Contractor, including the requirement
that Renton, its officials, employees, and volunteers be named additional insured’s on the Contractor’s
insurance policy.
7.4 Performance Bond
The Contractor shall provide and maintain at all times a valid Contractor’s Performance and Payment
Bond or bonds, letter of credit, or other similar instrument acceptable to and approved in writing by
Renton in the amount of two million dollars ($2,000,000). The bond, letter of credit, or other similar
instrument shall be issued for a period of not less than one (1) year, and the Contractor shall provide a
new bond, letter of credit, or similar instrument, and evidence satisfactory to Renton of its renewability,
no less than sixty (60) calendar days prior to the expiration of the bond, letter of credit, or other similar
instrument then in effect. Renton shall have the right to call the bond, letter of credit, or other similar
instrument in full in the event its renewal is not confirmed prior to five (5) calendar days before its
expiration.
7.5 Indemnification
7.5.1 Indemnify and Hold Harmless
The Contractor shall indemnify, hold harmless, and defend Renton, its elected officials, officers,
employees, agents, volunteers, and representatives, from and against any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorney’s
fees, injuries, sickness, or death of any person, or damage to or destruction of property of any kind,
whether tangible or intangible, including loss of use resulting therefrom (all of the foregoing collectively,
“Claims”), arising out of, in connection with, or incident to the work performed under this Contract to
the fullest extent permitted by law, provided, however, that:
1. The Contractor’s obligation to indemnify, defend, and hold harmless shall not extend to Claims
caused by or resulting from the sole willful or negligent actions or omissions of Renton, its
officers, agents, or employees.
AGENDA ITEM # 8. b)
City of Renton 59 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
2. The Contractor’s obligation to indemnify, defend, and hold harmless for injuries, sickness, death,
damage, or destruction caused by or resulting from concurrent willful or negligent acts or
actions of the Contractor and Renton, its officers, agents or employees, shall apply only to the
extent of the Contractor’s negligence.
Renton shall notify the Contractor in writing of the assertion of any claim against it for which it is
entitled to be indemnified hereunder, and shall give the Contractor the opportunity to defend such
claim (including the sole right to select and retain counsel of its own choice to represent it in connection
with such claim), and shall not settle the claim without the prior written approval of the Contractor (and
if the Contractor elects to defend such claim, the Contractor shall have the sole and exclusive right to
resolve and settle such claim, so long as Renton has been absolved of any and all liability). Renton shall
be entitled to fully participate with the Contractor in its defense of Renton. Renton may employ
separate counsel to participate in the investigation and defense, but Renton shall pay the fees and costs
of that counsel unless the Contractor has agreed otherwise. The Contractor shall control the defense of
claims (including the assertion of counterclaims) against which it is providing indemnity under this
Section. Renton shall be entitled to recover its reasonable attorneys’ fees, costs and expenses incurred
in enforcing Section 7.5.
7.5.2 Industrial Insurance Immunity Waiver
With respect to the obligations to hold harmless, indemnify, and defend provided for herein, as they
relate to claims against Renton, its 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 that is caused by or arises out of the Contractor’s negligent
exercise of rights or privileges granted by the Contract. This waiver is mutually agreed to by the parties.
7.6 Confidentiality of Information
Under Washington State law, any written or recorded information (including but not limited to written,
printed, graphic, electronic, photographic, or voice mail materials and/or transcriptions, recordings, or
reproductions thereof) created or submitted in performance of this Contract are a public record under
the Public Disclosure Act, Chapter 42.56 RCW, and are subject to mandatory disclosure upon request by
any person.
7.7 Assignment of Contract
7.7.1 Assignment or Pledge of Money by the Contractor
The Contractor shall not assign or pledge any of the money due under this Contract without securing the
prior written approval of the surety of the Contractor’s performance bond and providing at least thirty
(30) day’s prior written notice to Renton of such assignment or pledge together with a copy of the
surety’s approval thereof. Such assignment or pledge, however, shall not release the Contractor or its
sureties from any obligations or liabilities arising under or because of this Contract. The requirements of
this section shall not apply to the grant of a general security interest in the Contractor’s assets to secure
the Contractor’s obligations under any loan or credit facility entered into by the Contractor or the
Contractor’s parent.
AGENDA ITEM # 8. b)
City of Renton 60 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
7.7.2 Assignment, Subcontracting, Delegation of Duties
The Contractor shall not assign or sub-contract any of the services provided under this Contract that
directly affect Customers or delegate any of its duties under this Contract without the prior written
approval of Renton, which may be granted or withheld in Renton’s sole discretion.
In the event of an assignment, sub-contracting, or delegation of duties, the Contractor shall remain
responsible for the full and faithful performance of this Contract and the assignee, subcontractor, or
other obligor shall also become responsible to Renton for the satisfactory performance of the services to
be provided under this Contract. Renton may impose conditions of approval on any such assignment,
subcontracting, or Change of Control, including but not limited to requiring the delivery by the assignee,
subcontractor, or other obligor of its covenant to Renton to fully and faithfully complete the services to
be provided under this Contract or responsibilities undertaken. In addition, the assignee, subcontractor,
or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Contract.
Renton may terminate this Contract if the assignee, subcontractor, or obligor does not comply with this
clause.
Supplier agreements for composting services, vehicles, part, fuels, and other general supplies are
exempt from this reporting requirement.
For the purposes of this Contract, any change of control of the Contractor shall be considered an
assignment subject to the requirements of this section. Nothing herein shall preclude Renton from
executing a novation, allowing the new ownership to assume the rights and duties of the Contract and
releasing the previous ownership of all obligations and liability.
7.7.3 Merger or Sale of Contractor Operations
In the event the Contractor undergoes a name change for any reason, the name change as perceived by
the public shall be completed within one (1) year from the effective date of the legal name change. The
Contractor shall designate the name, logo, and colors under which it will be doing business in writing to
Renton within thirty (30) days of the effective date of the legal name change. All items, logos, articles,
and implements seen by the public shall be changed, including but not limited to letterhead, signs,
promotional materials, website pages, billing statements, envelopes, and other items. Vehicles are the
only exception; vehicles must be repainted with new name, logo, and colors within two (2) years of the
effective date of the legal name change.
7.8 Laws to Govern/Venue
This Contract shall be governed by the laws of the State of Washington both as to interpretation and
performance. Venue shall be in Superior Court in the State of Washington for King County, Maleng
Regional Justice Center.
7.9 Compliance with Applicable Laws and Regulations
The Contractor shall comply with all federal, state, and local regulations and ordinances applicable to
the work to be done under this Contract. Any violation of the provisions of this section shall be
AGENDA ITEM # 8. b)
City of Renton 61 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
considered a violation of a material provision of this Contract and shall be grounds for cancellation,
termination, or suspension of the Contract by Renton, in whole or in part, and may result in ineligibility
for further work for Renton.
The Contractor agrees not to discriminate against any employee or applicant for employment or any
other persons in the performance of this Contract because of race, religion, creed, color, national origin,
marital status, gender, age, disability, sexual orientation, or other circumstances as may be defined by
federal, state, or local law or ordinance, except for a bona fide occupational qualification. Without
limiting the foregoing, Contractor agrees to comply with the provisions of the Affidavit of Equal
Opportunity & Title VI Compliance requirements incorporated herein by this reference. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices to
be provided by the Contractor setting forth the provisions of this nondiscrimination clause.
Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial
Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from
time-to-time must be complied with, including ergonomic and repetitive motion requirements. The
Contractor must indemnify and hold harmless Renton from all damages, injuries or losses assessed for
the Contractor’s failure to comply with the Acts and Standards issued therein. The Contractor is also
responsible for meeting all local, state, and federal health and environmental regulations and standards
applying to the operation of the collection and processing systems used in the performance of this
Contract.
The Contractor is specifically directed to observe all weight-related laws and regulations in the
performance of these services, including axle bridging and loading requirements.
7.10 Permits and Licenses
The Contractor and subcontractors shall secure a Renton business license and pay all fees and taxes
levied by Renton. The Contractor shall obtain all permits, certifications, authorizations, and licenses
necessary to provide the services required herein prior to the Date of Execution of this Contract at its
sole expense.
The Contractor shall be solely responsible for all taxes, fees, and charges incurred, including, but not
limited to, license fees and all federal, state, regional, county, and local taxes and fees, including income
taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all
persons, facilities, property, income, equipment, materials, supplies, or activities related to the
Contractor’s activities under the Contract, business and occupation taxes, workers’ compensation, and
unemployment benefits.
7.11 Relationship of Parties
Renton and Contractor intend that an independent contractor relationship shall be created by this
Contract. The implementation of services shall lie solely with the Contractor. No agent, employee,
servant, or representative of the Contractor shall be deemed to be an employee, agent, servant, or
representative of Renton; except that the Contractor shall be the City’s billing agent as provided in
Section 3.3.3 and the Billing Operations Plan.
AGENDA ITEM # 8. b)
City of Renton 62 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
7.12 Contractor’s Relationship with Customers
The Contractor shall not separately contract with Customers for any services covered under this
Contract; however, the Contractor may negotiate separate agreements with Customers for the sole
purpose of compactor leasing, payment for recyclables, or other related services only when not included
in this Contract, provided that Customers are provided separate invoices for those services and that the
Contractor makes it clear to Customers that those services are not provided under this Contract. These
separate agreements must be in writing and shall in no way expressly or by application supersede this
Contract. The Contractor agrees these separate agreements shall not contain durations any longer than
the final date of this Contract’s Term. The Contractor shall provide to Renton a detailed list of all such
separate agreements with Customers upon Renton’s request. Renton may, at its sole option, regulate
similar or identical services in the successor to this contract.
7.13 Bankruptcy
It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this
Contract, at the option of Renton, may be terminated effective on the day and at the time the
bankruptcy petition is filed.
7.14 Right to Renegotiate/Amend
Renton shall retain the right to renegotiate this Contract or negotiate contract amendments at its
discretion or based on policy changes, state statutory changes, or County rule changes, Washington
State, or federal regulations regarding issues that materially modify the terms and conditions of the
Contract, including but not limited to any modifications to contracting terms or policies as they relate to
County disposal services Renton may also renegotiate this Contract should any Washington State,
County, or city rate or fee associated with the Contract be held illegal or any increase thereof be
rejected by voters. In addition, the Contractor agrees to renegotiate in good faith with Renton in the
event Renton wishes to change disposal locations or add additional services or developments, such as
those identified through a pilot program under Section 3.1.18, to the Contract and to provide full
disclosure of existing and proposed costs and operational impacts of any proposed changes.
This Contract may be amended, altered, or modified only by a written amendment or addendum
executed by authorized representatives of Renton and the Contractor.
7.15 Force Majeure
Provided that the requirements of this section are met, Contractor shall not be deemed to be in default
and shall not be liable for failure to perform under this Contract if Contractor’s performance is
prevented or delayed by Acts of God, including landslides, lightning, forest fires, storms, floods, freezing
and earthquakes, terrorism, civil disturbances, acts of the public enemy, wars, blockades, public riots,
explosions, accident to machinery, equipment or materials, unavailability of required materials or
disposal restrictions, governmental restraint or other causes, whether of the kind enumerated or
otherwise, that are not reasonably within the control of the Contractor, and are not the result of the
willful or negligent act error or omission of the Contractor; and that could not have been prevented by
the Contractor through the exercise of reasonable diligence (“Force Majeure”). The Contractor’s
obligations under this Contract shall be suspended, but only with respect to the particular component of
AGENDA ITEM # 8. b)
City of Renton 63 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
obligations affected by the Force Majeure and only for the period during which the Force Majeure
exists.
The following events do not constitute Force Majeure: strikes, other than nationwide strikes or strikes
that by virtue of their extent or completeness make the particular goods or services effectively
unavailable to the Contractor; work stoppages or other labor disputes or disturbances occurring with
respect to any activity performed or to be performed by the Contractor; or general economic conditions.
If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations
under this Contract, the Contractor shall notify Renton by telephone and email, on or promptly after the
Force Majeure is first known, followed within seven (7) days by a written description of the event and
cause thereof to the extent known; the date the event began, its estimated duration, the estimated time
during which the performance of the Contractor’s obligations will be delayed; the likely financial impact
of the event; and whatever additional information is available concerning the event and its impact on
Renton and its Customers. The Contractor shall provide prompt written notice of the cessation of the
Force Majeure. Whenever such event shall occur, the Contractor, as promptly and as reasonably
possible, shall use its best efforts to eliminate the cause, reduce the cost, and resume performance
under the Contract. In addition, if as a result of a Force Majeure event, Contractor is unable wholly or
partially to meet its obligations under this Contract, the Contractor shall notify all Customers regarding
the disruption in collection service in a manner similar to the notification required in the case of
inclement weather under Section 3.1.8.
7.16 Illegal Provisions
If any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions of
the Contract shall remain in full force and effect.
7.17 Waiver
No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying
such waiver, and executed by the party against whom such waiver is sought to be enforced. A waiver by
either party of any of its rights under this Contract on any occasion shall not be a bar to the exercise of
the same right on any subsequent occasion or of any other right at any time.
7.18 Incorporation of Contractor’s Proposal in Response to Renton’s RFP
The Contractor’s Proposal, dated October 26, 2015 submitted in response to Renton’s Request for
Proposals, is fully incorporated by this reference, including but not limited to collection vehicle types,
customer service staffing and approach, processing abilities and other commitments made in the
Contractor’s proposal and all associated clarifications and supplemental proposal materials or
attachments. In the case of conflict between the Contractor’s proposal and this Contract, the provisions
of this Contract shall prevail. Renton may approve changes to vehicle and Container make, model and
specifications at Renton’s discretion.
AGENDA ITEM # 8. b)
City of Renton 64 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
7.19 Cancellation of Previous Franchises
Contractor currently serves two annexation areas of the City through the following franchise
agreements: (1) the franchise between the City and Fiorito Enterprises, Inc. and Rabanco Companies
dba Kent-Meridian Disposal Company approved by Ordinance 5619 on August 8, 2011; and (2) the
franchise between the City and Rabanco, Ltd. approved by Ordinance 5618 on August 8, 2011. The
Contractor agrees that: (1) the WUTC-based services and rates previously provided and charged to
Customers in the two existing franchise areas shall be discontinued and replaced by the services and
rates provided under this Contract effective the Date of Commencement of Service; (2) the Contractor
waives any known and unknown claims arising out of or in connection with the termination of the
previous franchises, including but not limited to any claims it may otherwise have under RCW
35A.14.900; (3) the Contractor agrees to pay Fiorito Enterprises, Inc. and Rabanco Companies any
compensation due as a result of terminating the franchise agreement approved by Ordinance No. 5619,
(4) the Contractor agrees to hold harmless, defend, and indemnify the City from any claims arising out of
or connected to the termination of the franchises approved by Ordinance Nos. 5618 and 5619 and (4)
the Contractor accepts this new Contract, and the rates provided for herein, as full and complete
consideration for terminating the previous franchises.
7.20 Disputes Resolution
The Parties shall attempt to resolve any and all disputes to the mutual satisfaction of both Parties by
good faith discussions. Throughout the duration of a dispute, the Contractor shall continue providing all
services included in this Contract. Disputes not resolved in accordance with other provisions of this
Contract or through good faith discussions shall, within one (1) year of first notification of such dispute,
be submitted to non-binding mediation before a mediator selected from a list of mediators acceptable
to both Renton and the Contractor. All costs of mediation, including Renton’s attorneys’ fees and expert
witness fees, shall be paid for by the Contractor. Neither party may initiate or commence legal
proceedings prior to completion of the non-binding mediation.
7.21 Entirety
This Contract and the attachments affixed hereto are herein incorporated by reference and represent
the entire agreement or contract terms between Renton and the Contractor with respect to the services
to be provided under this Contract. No prior written or oral statement or proposal shall alter any term or
provision of this Contract.
AGENDA ITEM # 8. b)
City of Renton 1 April, 2016
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
RABANCO LTD. CITY OF RENTON
By _________________________ By ______________________________
Michael Huycke Denis Law, Mayor
Attest:
By______________________________
Jason Seth, City Clerk
Approved as to Form:
By ______________________________
Lawrence J. Warren, Renton City Attorney
Acknowledgement and acceptance by Fiorito Enterprises, Inc. and Rabanco Companies:
Fiorito Enterprises, Inc. and Rabanco Companies hereby acknowledge and accept that this Contract
between the City of Renton and Rabanco Ltd. will effectively terminate and replace the franchise
agreement that was authorized by City Ordinance No. 5619 and agree to hold the City harmless from
any claims, known and unknown, which arise out of such termination, including any claims that may
exist under RCW 35A.14.900.
FIORITO ENTERPRISES, INC. RABANCO, LTD.
By By
Michael Huycke
AGENDA ITEM # 8. b)
City of Renton 1 Enter Date Here
Attachments
ATTACHMENTS
Attachment A: Service Area
Attachment B: Contractor Rates
Attachment C: Recyclables List
Attachment D: Rate Modification Example
Attachment E: Litter Receptacles List
AGENDA ITEM # 8. b)
City of Renton 1 April 2016
ATTACHMENT A:
Service Area
AGENDA ITEM # 8. b)
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8
.
b
)
Attachment B
Contractor Rates (Initial Year)
(Monthly Rate Unless Otherwise Specified)
Daily Monthly Delivery Haul
Service Level (based on pick ups)Rent Rent Charge Charge
Commercial Non-compacted 10-15 cubic yard Drop-box (1 customer)$2.97 $89.00 $75.00 $165.00
Drop-box Non-compacted 20 cubic yard Drop-box (22 customers)$2.97 $89.00 $75.00 $165.00
Collection Non-compacted 25 cubic yard Drop-box (0 customers)$2.97 $89.00 $75.00 $165.00
Non-compacted 30 cubic yard Drop-box (12 customers)$3.27 $98.00 $75.00 $175.00
Non-compacted 40 cubic yard Drop-box (17 customers)$3.27 $98.00 $75.00 $175.00
Compacted 15 cubic yard Drop-box (1 customer)$75.00 $180.00
Compacted 20 cubic yard Drop-box (23 customers)$75.00 $180.00
Compacted 25 cubic yard Drop-box (0 customers)$75.00 $180.00
Compacted 30 cubic yard Drop-box (31 customers)$75.00 $195.00
Compacted 40 cubic yard Drop-box (6 customers)$75.00 $195.00
A
G
E
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#
8
.
b
)
Attachment B
Contractor Rates (Initial Year)
(Monthly Rate Unless Otherwise Specified)
Haul
Service Level Charge
2 Yard detachable Container $38.00
Temporary 4 Yard detachable container $68.00
Collection 6 Yard detachable container $96.00
Hauling 8 Yard detachable container $105.00
Non-compacted 10-40 cubic yard Drop-box $180.00
Delivery Daily Monthly
Service Level Fee Rental Rental
Temporary 2 Yard detachable container $55.00 $1.75 $52.50
Collection 4 Yard detachable container $55.00 $2.00 $60.00
Container 6 Yard detachable container $55.00 $2.25 $67.50
Rental 8 Yard detachable container $55.00 $2.50 $75.00
and Delivery Non-compacted 10-40 cubic yard Drop-box $75.00 $3.77 $113.10
Drop-box Ancillary Fees Per Event
Return Trip $25.00
Stand-by Time (per minute)$1.60
Container cleaning (per yard of container size)$10.00
Drop-box directed to other facility (per one-way mile)$3.00
Solid Lid on drop-box (additional rental fee per month)$75.00
Drop-box turn around charge $10.00
Service Per Hour
Hourly Rear/Side-load packer +driver $99.74
Rates Front-load packer +driver $99.74
Drop-box Truck +driver $99.74
Additional Labor (per person)$60.00
A
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#
8
.
b
)
ATTACHMENT C - RECYCLABLES LIST
Recyclable Item Curb Call in Handling Instructions Limitations
Aluminum - all clean aluminum cans, clean aluminum foil, trays, “pie
tins,” and clean aluminum food containers.
X Place in recycling Container.
Appliances (large) - refrigerators, freezers, stoves, dishwashers,
clothes washing machines or dryers, water heaters.
X Call to request pick-up.3 total per household during contract life.
Limited to Single-Family households.
Appliances (small) - microwave ovens, toaster ovens X Call to request pick-up.Limited to Single-Family households.
Fluorescent Tubes and Bulbs X Wrap tubes in newspaper and secure with tape. Mark
"Fluorescent Tubes." Place bulbs in a sealed bag. Place next
to recycling Container.
Limit: 2 tubes per collection, 10 tubes per
year. Tubes must be no longer than 4'.
Limited to Single-Family households.
Glass Containers - All colored or clear jars and bottles that are rinsed
and have lids removed.
X Empty, remove lids and place in recycling Container.
Household Batteries - all alkaline, button, and rechargeable batteries.X Place rechargeable and non-rechargeable batteries in
separate, sealed clear bags. Set on top of recycling
Container.
Limited to Single-Family households.
Paper - all clean mixed paper, colored paper, newsprint, magazines,
phone books, catalogues,and advertising supplements delivered with
newspapers.
X Place in recycling Container.
Paper Containers - all empty paper cups used for soda or coffee, and
empty paper food cartons used for milk, juice, soy, or soup.
X Empty, place in recycling Container.
Plastic Bags and Films - all clean, dry plastic shopping or produce
bags, and plastic films contained within a plastic bag.
X Place all plastic bags and film inside of one bag and tie to
secure.
Contaminated plastic bags, such as cheese
and meat wrappers, bags with paper labels,
and bags with food or other residues are
excluded.
Plastic Containers - All plastic bottles, jugs, tubs, lids > 3", and
containers, including plastic drink cups, clamshell take-out containers,
food containers and trays, and plant pots, which have been rinsed.
X Empty, place in recycling Container.Plastic bottles, jugs, tubs, or containers that
have contained hazardous or toxic products,
such as motor oil or pesticides, are excluded.
Polycoated Cartons and Boxes - all plastic coated cartons, beverage
cups, and boxes.
X Flatten. Place in recycling Container or bundle and place next
to recycling Container.
Rigid Plastics - all 5-gallon buckets, PVC pipes, laundry baskets,
plastic lawn furniture, Big Wheels, coolers, and Nalgene bottles.
X X
Large
Items
Place items in recycling Cart, or next to recycling Cart. One
dimension of the object must be < 2'.
Call to collect large (i.e., all dimensions are >
2') items. Limited to Single-Family
households.
Scrap Metal - all ferrous and non-ferrous scrap metal, including lids >
3", that are free of wood, plastic, rubber, and other contaminants.
X X
Large
Items
Small Items: Place in recycling Container or secure (e.g.,
bundle, box) next to recycling Container.
Large Items: Call to request pick-up.
Small Items: Less than 2' and 60 lbs. Less
than 5% non-metal components. Large
Items: Call to collect large (i.e., at least one
dimension is < 2') items
Tin cans - all clean food and beverage tin cans, and tin lids > 3".X Place in recycling Container.
Used Cooking Oil (FOG)X X Seal uncontaminated oil (no large solids) in clean, clear,
screw-top plastic jugs. Label jugs with name and address and
place next to recycling Container.
Limit: 3 gallons per pick-up.
Limit: 10 gallons per year.
Limited to Single-Family households.
Wood scraps X Clean, unpainted untreated wood, plywood, pallets,
dimensional lumber and crates; some metal fittings and nails
allowed. Material must be placed in a cardboard box next to
the recycling container and labeled Wood Waste.
Limited to Single-Family households.
A
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#
8
.
b
)
City of Renton 1 April 2016
ATTACHMENT D:
Rate Modification Example
The Contractor rates listed in Attachment B shall be adjusted annually, as follows:
Contractor Fee Adjustment
The Contractor service fee listed in Attachment B will be increased or decreased by the amount
of the CPI change:
NCF = PCF x [1 + (((nCPI-oCPI)/oCPI))]
Where NCF = The new Contractor service fee for a particular service level;
and
PCF = The previous combined Contractor service fee for a particular
service level; and
nCPI = The most recent June CPI value; and
oCPI = The CPI value used for the previous rate adjustment or, in the
case of the first contract adjustment, the CPI value reported
at the end of June 2016.
For example, using an initial one 35-gallon cart rate of $18.27 per month: if the
previous CPI is 143.2, the new CPI is 144.3 the January 2018 Contractor fee for one 35-
gallon cart per every-other-week Residential Curbside Garbage service would be:
(144.3-143.2)
New Contractor Fee = $18.27 x [1+ ----------------] = $18.41
(143.2)
AGENDA ITEM # 8. b)
City of Renton 1 April 2016
ATTACHMENT E:
Litter Receptacles List
TOTAL CAN COUNT 73
ADDRESS # OF CANS TYPE OF CAN
200 2nd Street 2 Green Metal/Black Metal
300 S 2nd Street 1 Green Metal
420 S 2nd Street 1 Green Metal
700 S 2nd Street 1 Green Metal
107 S 3rd Street 2 Green Metal/Black Metal
108 S 3rd Street 1 Green Metal
309 S 3rd Street 1 Green Metal
316 S 3rd Street 1 Green Metal
317 S 3rd Street 1 Green Metal
327 S 3rd Street 1 Green Metal
400 S 3rd Street 1 Green Metal
413 S 3rd Street 1 Green Metal
504 S 3rd Street 1 Green Metal
505 S 3rd Street 1 Green Metal
619 S 3rd Street 1 Green Metal
717 S 3rd Street 1 Green Metal
720 S 3rd Street 1 Green Metal
800 S 3rd Street 1 Green Metal
801 S 3rd Street 1 Green Metal
825 S 3rd Street 1 Green Metal
900 S 3rd Street 1 Green Metal
909 S 3rd Street 1 Green Metal
917 S 3rd Street 1 Green Metal
918 S 3rd Street 1 Green Metal
201 Wells Ave S 1 Green Metal
215 Wells Ave S 1 Green Metal
216 Wells Ave S 1 Green Metal
225 Wells Ave S 1 Green Metal
214 Williams Ave S 1 Green Metal
301 Williams Ave S 1 Green Metal
329 Williams Ave S 1 Green Metal
221 Main Ave S 1 Green Metal
224 Main Ave S 1 Green Metal
225 Main Ave S 1 Green Metal
300 Burnett Ave S 1 Black Metal
340 Burnett Ave S 2 Black Metal/Green Metal
AGENDA ITEM # 8. b)
City of Renton 2 April 2016
ADDRESS # OF CANS TYPE OF CAN
357 Burnett Ave S 1 Black Metal
235 Mill Ave S 1 Black Metal
320 Shattuck Ave S 1 Green Metal
815 Edmonds Ave NE 1 Green Metal
431 Rainier Ave S 1 Black Metal
Rainier Ave S & S 3rd Street 1 Black Metal
Rainier Ave S &SW Sunset 2 Black Metal
Rainier Ave S & SW Grady Way 2 Black Metal
1305 3rd Pl 1 Green Metal
919 Harrington Ave NE 1 Green Metal
960 Harrington Ave NE 1 Green Metal
535 Garden Ave S 1 Green Metal
3001 NE 10th Street 1 Green Metal
3215 NE 12th Street 1 Green Metal
3001 NE 16th Street 1 Green Metal
1 NE 12th & Kirkland 1 Green Metal
1 NE 4th & Monroe 1 Green Metal
NE 7th & Harrington 1 Green Metal
NE 9th & Harrington 1 Green Metal
S 3rd Pl & Shattuck 1 Green Metal
Renton Transit Center 12 Black Metal
AGENDA ITEM # 8. b)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING RMC 10-
10-3.U, OF CHAPTER 10, PARKING REGULATIONS, OF TITLE X (TRAFFIC),
ACCOMMODATING DAILY UNITED STATES POSTAL SERVICE DELIVERIES BY
DISALLOWING PARKING WITHIN FIFTEEN (15) FEET OF RESIDENTIAL MAIL
BOXES.
WHEREAS, the United States Postal Service now conducts some deliveries seven (7)
days per week; and
WHEREAS, the hours of delivery on any delivery day have expanded since the city
enacted its current ordinance regulating parking near residential mailboxes; and
WHEREAS, the time limitations to enforce parking regulations near mailboxes, as they
appear in our current ordinance, are no longer effective due to the expansion of services by the
postal service; and
WHEREAS, the police department has received an increased number of complaints
regarding parked vehicles blocking mailboxes; and
WHEREAS, an express number of feet distance from a mailbox is easier to enforce than
the current language;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Subsection 10-10-3.U, Parking Next to Mail Boxes, of Chapter 10, Parking
Regulations, of Title X (Traffic) of the Renton Municipal Code, is hereby amended as follows:
U. Parking Next To Mail Boxes: No person shall park a'^^+'• '^^+ }^ ,
within fifteen feet (15') of any clearly visible residential mail
1
AGENDA ITEM # 8. c)
ORDINANCE NO.
box,
L.. I I..L+.,.J C+-,+., D..r+-.1 f.,...i..,
SECTION II. This ordinance shall be effective upon its passage, approval, and thirty
30) days after publication.
PASSED BY THE CITY COUNCIL this day of 2016.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of 2016.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1916:3/25/16:scr
2
AGENDA ITEM # 8. c)
--��- ....
-� CITY OF
EXECUTIVE DEPARTMENT Renton �
�
M E M O R A N D U M
DATE: May 2, 2016
TO: Randy Corman, Council President
Members of the Renton City Council
FROM: Denis Law, Mayor
Jay Covington, Chief Administrative Officer
SUBJECT: Administrative Report
• Preventative street maintenance, traffic impact projects, and road closures will be at the
following locations:
✓ Monday, May 2nd through Friday, May 6th, approximately 8:00 a.m.to 3:00 p.m.
Single lane closures will take place on Lake Washington Blvd just north of Houser Way
North due to storm main installation. Approved traffic control plans have been issued
for all work and will be followed. Questions may be directed to Patrick DeCaro at 206-
207-603.
✓ Monday, May 2nd through Friday, May 6th, approximately 8:30 a.m. to 3:30 p.m. The
northbound curb lane of Park Avenue North between Bronson Way and North 6th
Street will be closed for tree well removal and replacement. Questions may be directed
to Patrick Zellner at 425-766-6181.
✓ Monday, May 2nd through Friday, May 6th, approximately 8:30 a.m. to 3:30 p.m.
Intermittent lane closures of Oakesdale Avenue SW will take place between SW 43rd
Street and South 34th Street to conduct asphalt paving repairs.
✓ Monday, May 2nd through Friday, May 6th, approximately 8:00 a.m. to 3:00 p.m.
Possible single lane closure on Union Avenue NE in front of 2001 Union Avenue NE due
to installation of frontage improvements. Questions may be directed to Mark
Wetherbee at 206-999-1829.
✓ Monday, May 2nd through Friday, May 6th, approximately 8:00 a.m. to 3:00 p.m.
Single lane closures on Duvall Avenue NE near the intersection of NE 9th Street will take
place due to storm drainage installation. Questions may be directed to Mark
Wetherbee at 206-999-1829.
✓ Monday, May 2nd through Sunday, May 8th. The two west lanes on Main between
2nd and 3rd will be closed for project improvements while the east lanes will be open
Randy Corman,Council President
Members of Renton City Council
Page 2
May 2, 2016
for traffic flow. Approved traffic control plans have been issued for all work and will be
followed. The on-site inspector, Pat Miller, can be reached at 206-794-6162.
✓ Monday, May 2nd through Sunday, May Sth. Lane closures on SW 41st Street, SW
43rd Street, and Lind Avenue SE around IKEA will be closed due to utility installation.
Approved traffic control plans have been issued for all work and will be followed.
Questions may be directed to Tom Main at 206-999-1833.
✓ Wednesday, May 4th through Friday, May 6th, approximately 8:00 a.m. to 5:00 p.m.
Possible lane closures at the intersection ofSouth 7th Street and Shattuck Avenue South
due to pavement grinding and overlay on the South 7th and Shattuck Improvement
Project. An approved traffic control plan has been issued and will be followed during
this procedure. Questions can be directed to Keith Wooley at 425-430-7318 or Brad
Stocco at 425-282-2373.
✓ Monday, May 2nd through approximately Friday, May 27th. The intersection of North
3rd Street and logan Avenue North will be closed 24/7 due to construction of the Logan
Avenue Improvement Project. Northbound and eastbound traffic will be rerouted along
the new segment of Logan Avenue North. Eastbound travelers may use North 6th
Street, North 8th Street, North 10th Street, or Logan Avenue North to Park Avenue
North. Questions may be directed to James Wilhoit at 425-430-7319 or via email at
jwilhoit@rentonwa.gov. For updates visit the project web page at
http://rentonwa.gov/living/default.aspx?id=8026.
✓ Monday, May 2nd through approximately August 31st. Logan Avenue North between
North 6th Street and Airport Way will be closed 24/7 to all southbound traffic during
construction of the Logan Avenue Improvement Project. Southbound Logan Avenue
North traffic will be rerouted along Park Avenue North to Bronson Way and South 2nd
Street. Questions may be directed to James Wilhoit at 425-430-7319 or via email at
jwilhoit@rentonwa.gov. For updates, visit the project web page at Rentonwa.gov.
���-_. ---_-
CITY OF
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City Council Regular Meeting
l�
7:00 PM - Monday, ' ���i � I v �� �'
Council Chambers, 7th Floor; City Hall— 1055 S. Grady Way
AUDIENCE COMMENT
• Each speaker is allowed five minutes.
• When recognized, please state your name & city of residence for the record.
PLEASE PRINT CLEARLY
1 � q
Name: !'�(��v��� ( �/l�t,� ���. � Name:
, ._
Address: � � � �`l � �(�Z/ ���.�.,�� Address:
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Email: 1/�/�-� 1�"VIJ�(�' �(����C� City Zip Code
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Topic: ��� ,� y._/�- � Topic:
3 6
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City Zip Code City Zip Code
Topic: Topic:
(CONTINUED ON REVERSE SIDE)
I�i
(Continued From Reverse Side— PAGE 2)
7 11
Name: Name:
Address: Address:
City Zip Code City Zip Code
Topic: Topic:
8 12 ',
Name: Name:
Address: Address:
City Zip Code City Zip Code
Topic: Topic:
9 13
Name: Name:
Address: Address:
City Zip Code City Zip Code
Topic: Topic:
10 14
Name: Name:
Address: Address:
City Zip Code City Zip Code
Topic: Topic:
15 16
Name: Name:
Address: Address:
Cit�� Zip Code City Zip Code
Topic: Topic:
TRANSPORTATION (AVIATION) COMMITTEE APPROV�D �Y
COMMITTEE REPORT CITY COUNCIL
C�atv J /Z/�
May 2, 2016 � �
Request to Amend Resolution No. 4279
Temporary Road Closures for the Sunset Lane NE Improvement Project
(April 18, 2016)
The Transportation (Aviation) Committee recommends concurrence in the staff
recommendation to approve the modified periodic temporary road closures for the Sunset
Lane NE Improvement Project, and adopt a Resolution that will amend Resolution 4279 and
authorize these closures to accommodate construction required for the project.
i
�� '
Ruth Perez�Chair
,
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/�r// /�//7� ..4 i
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Caro�i nn Witschi, Vice Chair
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Don Persson, Member
cc: Erik Wallgren, Deputy Fire Chief
Ed VanValey, Deputy Police Chief
Chad Karlewicz, Police Commander
Mike Stenhouse, Maintenance Services Director
Jennifer Henning, Planning Director
Cliff Long, Economic Development Director
Bob Hanson,Transportation Design Manager
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TRANSPORTATION (AVIATION) COMMITTEE �PP,����� �'Y
COMMITTEE REPORT ��.t-Y ��[�NC�I,,,
May 2, 2016 �����._,_S L �
I Airport Operating Permit and Agreement with West Isle Air, Inc.
(April 25, 2016)
The Transportation (Aviation) Committee recommends concurrence in the staff
recommendation to authorize the Mayor and City Clerk to execute an Operating Permit and
Agreement with West Isle Air, Inc. for their sublease of space from Northwest Seaplanes, Inc.
on the parcel located at 860 West Perimeter Road.
�
\ � �
Ruth Pel'�z,�Chair
�
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Caro'�Ann Witschi,Vice Chair
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Don Persson, Member
cc: Doug Jacobson, Oeputy Public Works Administrator
Jonathan Wilson,Airport Manager
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PLANNING AND DEVELOPMENT COMMITTEE -- , F „
COMMITTEE REPORT ��`''�r�������Y�'� ��
!+.�ITY CC��IVC�rL
May 2, 2016 �-��4,��,_ ��� �
City Code Title IV(Development Regulations) 2015 Docket Group#11
(September 21, 2015)
The Planning and Development Committee reviewed and amended docket item #D-121: Downtown
Business District to include some additional existing businesses in the proposed Business District
boundary. The Committee further recommends that an ordinance for this docket item be prepared and
presented for first reading when it is complete.
�
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�rince, Chair
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/,R��Mclrvin, Vice Chair
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do Pavone, Member
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STAFFRECAP
COUNCIL MEETING REFERRALS
5/2/2016
MOTIONS REFERRED TO ADMINISTRATION: None
Other Requests: None
MOTIONS REFERRED TO COUNCIL COMMITTEE: None*
*The consent agenda items were adopted as presented.
������� �
"� CITY UF
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M I N UTES
City Council Regular Meeting
7:00 PM-Monday, May 2,2016
Council Chambers,7th Floor, City Hall—1055 5.Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Randy Corman, Council President
Ryan Mclrvin
Armondo Pavone
Ruth Perez
Don Persson
Ed Prince
Carol Ann Witschi
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
1ay Covington, Chief Administrative Officer
Zanetta Fontes,Senior Assistant City Attorney
Jason Seth, City Clerk
Chip Vincent, Community& Economic Development Administrator
Doug Jacobson, Deputy Public Works Administrator-Transportation
CommanderTracy Wilkinson, Police Department
PROCLAMATION
Day of Prayer-May 5,2016:A proclamation was read declaring May 5, 2016 to be a "Day of
Prayer" in the City of Renton, encouraging all citizens to join in this special observance.
Pastors George Houston and Jess Chambers accepted the proclamation with thanks and
expressed appreciation for recognizing and welcoming the faith community within the City of
Renton.
MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
May 2, 2016 REGULAR COUNCIL MEETING MINUTES I
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City's recent progress towards goals and work programs adopted as part of
its business plan for 2015 and beyond. Items noted were:
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
• Mary Ellen Stone, Renton,thanked Mayor Law and Council on behalf of the King
County Sexual Assault Resource Center for being the first city in King County to
proclaim April as Sexual Assault Awareness month this year.Additionally, she shared
that 90%of the cities in King County followed suit and presented proclamations as
well, aiding in communicating the importance of helping address the issue of sexual
assault through continued discourse.
• Will Knedlik, Kirkland,addressed Council about concerns regarding Sound Transit 3
(ST3). He stated that Sound Transit's staff has indicated to its citizen oversight panel
that pushing forward the projects by 10-15 years will cause strain on the construction
environment. He also pointed out that it is important to note that their analysis
predicts that the cost for ST3 will be increased by 20-30%, and that it will also raise
costs to a number of other construction projects in the area due to the increased cost
in the bidding process.Additionally, he addressed other concerns related to the
taxing of these projects and the amount of time it is taking to complete them.
CONSENT AGENDA
Items listed on the ConsentAgenda were adopted with one motion,following the listing.
a) Approval of Council Meeting minutes of April 25, 2016. Council Concur.
b) AB-1653 Transportation Systems Division recommended approving a four-year Engineering
Consultant Agreement with Northwest Management Services for a total cost of$189,050 for
the purpose of pavement condition survey services. Refer to Transportation(Aviation)
Committee.
MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Transportation (Aviation)Committee Chair Perez presented a report recommending
concurrence in the staff recommendation to approve the modified periodic temporary road
closures for the Sunset Lane NE Improvement Project, and adopt a Resolution that will amend
Resolution 4279 and authorize these closures to accommodate construction required for the
p roj ect.
MOVED BY PEREZ,SECONDED BY WITSCHI,COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION.CARRIED.
May 2, 2016 REGULAR COUNCIL MEETING MINUTES
b) Transportation (Aviation)Committee Chair Perez presented a report recommending
concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute an
Operating Permit and Agreement with West Isle Air, Inc.for their sublease of space from
Northwest Seaplanes, Inc.on the parcel located at 860 West Perimeter Road.
MOVED BY PEREZ,SECONDED BY WITSCHI,COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION.CARRIED.
c) Planning& Development Committee Chair Prince presented a report stating that the committee
reviewed and amended docket item#D-121: Downtown Business District to include some
additional existing businesses in the proposed Business District boundary.The Committee further
recommended that an ordinance for this docket item be prepared and presented for first reading
when it is complete.
MOVED BY PRINCE,SECONDED BY MCIRVIN,COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION.CARRIED.
RESOLUTIONS AND ORDINANCES
Reso/ution:
a) Resolution No. 2487:A resolution was read amending Resolution No.4279 to clarify that
portions of Sunset Ln. NE, Glennwood Ave. NE, Harrington Ave. NE,and NE 10th St. may be
periodically and temporarily closed as long as such closures are necessary for the completion
of the Sunset Ln. NE improvement Project.
MOVED BY PEREZ,SECONDED BY CORMAN,COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
Ordinance for first reading:
b) Ordinance No. 5801:An ordinance was read authorizing a contract with Rabanco Ltd., DBA
Republic Services of Kent,for comprehensive garbage, recyclables,and compostables
collection throughout the City of Renton,Washington;terminating the Franchises granted
pursuant to Ordinance Nos. 5618 and 5619; and establishing an effective date.
MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING.CARRIED..
Ordinance forsecond and fina/reading:
c) Ordinance No. 5800:An ordinance was read amending RMC 10-10-3.U, of Chapter 10, Parking
Regulations,of Title X(Traffic), accommodating daily united states postal service deliveries by
disallowing parking within 15 feet of residential mail boxes.
MOVED BY PAVONE,SECONDED BY PERSSON,COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL:ALL AYES.CARRIED.
NEW BUSINESS
P/ease see the attached Council Committee Meeting Ca/endar.
May 2, 2016 REGULAR COUNCIL MEETING MINUTES
AUDIENCE COMMENTS
• Howard McOmber, Renton, shared some recent events organized by Renton
Ecumenical Association of Churches(REACH) and requested donations and volunteers
to help make a difference in the community.
ADJOURNMENT
MOVED BY PERSSON, SECONDED BY PRINCE,COUNCIL ADJOURN. CARRIED.TIME:
7:21 P.M.
��
Jason . Set�i,CMC, City Clerk
Megan Gregor, CMC, Recorder
Monday, May 2, 2016
May 2, 2016 REGULAR COUNCIL MEETING MINUTES
Council Committee Meeting Calendar
May 2, 2016
May 9, 2016
Monday
CANCELED Public Safety Committee, Chair Pavone
4:45 PM Finance Committee, Chair Persson - Council Conference Room
1 . Vouchers
2. Enterprise Asset Management Implementation Status Report
3. Amending RMC 1-6-3, Statement of Candidate Expense
4. Amending RMC 2-20-5 & 6, Independent Salary Commission
5. HR Labor Relations Manager Hire at Step D - Briefing
6. Emerging Issues in Revenue Streams
6:00 PM Committee of the Whole, Chair Corman - Council Chambers
1 . Alive & Free Annual Report
MAY 2, 2016 - CITY COUNCIL REGULAR MEETING - MOTION SHEET
Agenda Agenda Section Title�ltem ` ` "`�� `° " ° ` Motion Staff Contact Interested Parties
Placement � ���' � F= `� '_„ �
3) PROCLAMATION Day of Prayer- May 5, 2016 COUNCII CONCUR N/A N/A
6.a) CONSENT Approval of Council Meeting minutes of April 25, 2016. COUNCIL CONCUR Jason Seth Megan Gregor
AGENDA
6.b) CONSENT AB-1653 Transportation Systems Division recommended REFER TO Patrick Zellner poug Jacobson
AGENDA approving a four year Engineering Consultant Agreement TRANSPORTATION Bob Hanson
with Northwest Management Services for a total cost of (AVIATION) Heather Ulit
$189,050 for the purpose of pavement condition survey COMMITTEE Li Li-Wong
services.
7.a) UNFINISHED Transportation (Aviation)Committee Chair Perez presented COUNCIL CONCUR Keith Woolley Bob Hanson
BUSINESS a report recommending concurrence in the staff Heather Ulit
recommendation to approve the modified periodic
temporary road closures for the Sunset Lane NE
Improvement Project,and adopt a Resolution that will
amend Resolution 4279 and authorize these closures to
accommodate construction required for the project.
7.b) UNFINISHED Transportation (Aviation)Committee Chair Perez presented COUNCIL CONCUR Jonathan Wilson Susan Campbell-
BUSINESS a report recommending concurrence in the staff Hehr
recommendation to authorize the Mayor and City Clerk to
execute an Operating Permit and Agreement with West Isle
Air, Inc. for their sublease of space from Northwest
Seaplanes, Inc. on the parcel located at 860 West Perimeter
Road.
7.c) UNFINISHED Planning&Development Committee Chair Prince presented COUNCIL CONCUR Angie Mathias Judith Subia
BUSINESS a report stating that the committee reviewed and amended
docket item#D-121: Downtown Business District to include
some additional existing businesses in the proposed Business
District boundary.The Committee further recommended that
an ordinance for this docket item be prepared and presented
for first reading when it is complete.
8.a) Resolution: Resolution No. 2487:A resolution was read amending COUNCIL CONCUR Keith Woolley Bob Hanson
Resolution No. 4279 to clarify that portions of Sunset Ln. NE, Heather Ulit
Glennwood Ave. NE, Harrington Ave. NE, and NE 10th St. may Sandi Weir
be periodically and temporarily closed as long as such
closures are necessary for the completion of the Sunset Ln.
NE improvement Project.
8.b) Ordinance for Ordinance No. 5801:An ordinance was read authorizing a COUNCIL REFER Linda Knight Kari Roller
first reading: contract with Rabanco Ltd., DBA Republic Services of Kent, THE ORDINANCE Terri Weishaupt
for comprehensive garbage, recyclables, and compostables FOR SECOND AND Gregg Zimmerman
collection throughout the City of Renton,Washington; FINAL READING AT Linda Moschetti
terminating the Franchises granted pursuant to Ordinance THE NEXT Cindy Moya
Nos. 5618 and 5619; and establishing an effective date. COUNCIL MEETING Li Li-Wong
8.c) Ordinance for Ordinance No. 5800:An ordinance was read amending RMC COUNCIL ADOPT Chad Karlewicz Melissa Day
second and final 10-10-3.U, of Chapter 10, Parking Regulations, of Title X THE ORDINANCE Cindy Moya
reading: (Traffic), accommodating daily united states postal service AS READ. ROLL
deliveries by disallowing parking within 15 feet of residential CALL:ALL AYES
mail boxes.
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Linda M Mills, being first duly sworn on oath that she is the Legal
Advertising Representative of the
Renton Reporter
a weekly newspaper, which newspaper is a legal newspaper of CITY OF RENTON
general circulation and is now and has been for more than six months NOTICE OF RESOLUTION
rior to the date of ublication hereinafter referred to ublished in ADOPTED BY THE
p p � p RENTON CITY COUNCIL
the English language continuously as a weekly newspaper in King Following �S a summary of
County, Washington. The Renton Reporter has been approved as cne Resolution adopted by cne
Renton City Councii on May 2,
a Legal Newspaper by order of the Superior Court of the State of ao�6:
Washington for King County. REsoLUTioN No.azs�
A Resolution of the City of
The notice in the exact form annexed was published in regular issues Renton, wasn�n�con, amending
of the Renton Reporter (and not in supplement form) which was Resolution rro. az�9 co ��ar�ry
regularly distributed to its subscribers during the below stated period. cnac Port�o�s or sunset L�,e NE,
Glennwood Avenue NE, Har-
The annexed notice, 1: rington Avenue NE and NE lOth
Public Notice Street may be periodically and
temporarily closed as long as
such closures are necessary for
the completion of the Sunset
Lane NE Improvement Project.
was published on May 6, ZOIE). Effective: 5/2/2016
Complete text of this Resolution
can be found on the Ciry's web-
site at www.rentonwa.gov. Upon
The full amount of the fee charged far said foregoing publication is req�esc to cne c�ry cierk°S o��e,
t11e SUlll Of$71.75. (425) 430-651Q copies will also
be mailed for a fee.
Jason A.Seth,City Clerk •
y'' . Published in the Renton Reporter
��';G�,� ���1(�s%Z on May 6,2016.#1596752.
� '�inda Mills
,�����iii►����
Legal Advertising Representative, Renton Reporter ��+'PLE G W/N��i,.,
ubscribed a worn to me this 6th day of May, 2016. �;� C? .\Sg�ON Ek;o�... �
, %o�� 9`°�t+� �
�� `, ,� .� NOTARY _
PUBUC ? z —
Gale Gwin, Notary Public for the State of Washington, Residing in �'•. ����
Puyallup,Washington �,;••.,08.,3.20;9����:
:,,����O i�W P���`\``
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Linda M Mills,being first duly swarn on oath that she is the Legal
Advertising Representative of the
CITY OF RENTON
NOTICE OF ORDINANCES
Renton Re orter ADOPTED BYTHE RENTON
� CITY COUNCIL
Following is a summary of the
Ordinance adopted by the Renton
a weekl news a er, which news a er is a le al news a er of City Council on May 2,Zo�b:
Y P P P P g P P ORDINANCE NO.5800
general circulation and is now and has been for more than six months n„ Ordinance or cne c�ri of
rior to the date of ublication hereinafter referred to, ublished in Ren�on, wasn�n�on, amending
p p p RMC ]0- ]0-3.U,of Chapter 10,
the English language continuously as a weekly newspaper in King Parking Regulations, of T;t�e x
County, Washington. The Renton Reporter has been approved as (T�affi��, accommodating daily
United States Postal Service de-
a Legal Newspaper by order of the Superior Court of the State of i��e��es by disallowing Parking
Washington for King County. W�cn;n Fifteen (15) feet of Resi-
dential Mail Boxes.
The notice in the exact form annexed was published in regular issues Eefe�c;�e:6isizo�6
of the Renton Reporter (and not in supplement form) which was Complete text of this ordinances
regularly distributed to its subscribers during the below stated period. �� be found o„ cne c�cy's web-
site at www.rentonwa.gov. Upon
The annexed notice, a: request to the City Clerk's office,
Public Notice (425) 430-6510, copies will also
be mailed for a fee.
Jason A.Seth,City Clerk
Published in the Renton Reporter
on May 6,2016.#1596682.
was published on May 6, 2016.
The full amount of the fee charged for said foregoing publication is
the sum of$68.13.
��i G�-E" ��L.e��
`�inda Mills �ti��il�����
Legal Advertising Representative, Renton Reporter �. u✓1�/ti ��,,�
Subscribed a sworn to me this 6th day of May� ZOIG. ✓�,.\SS�ON Ekp�, �
. �o��r 9Fir; �
`\ � :J NOTARY =
J`� pUBLIC c z =
Gale Gwin, Notary Public for the State of Washington, Residing in -. ����
Puyallup, Washington ;'••. oe:,3.z�;9'���:
� �.
:si F 0 F \,F:��,�.,``
���/�ti���►����
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;
-----Original Message-----
From: will knedlik<wknedlik�aol.com>
To: soundtransit3 <soundtransit3 aC�.soundtransit.orq>
Sent: Fri, Apr 29, 2016 4:59 pm
Subject: ST3 as a Calculated $250 Billion Tax-Grab and thus as an Unprecedented Tax-Snare
Madam or Sir:
ST3 is not a comprehensive transit plan but a calculated tax-grab for no-less-than $250 billion directly
misrepresented to the 64th Legislature as a request for$15 billion in added taxing authority as urged as
necessary by Dow Constantine, Fred Butler and otherjunior taxing district Board members who so
testified in Olympia to obtain a massively increased taxing capacity with false pretenses in 2015 (instead
of inerely a huge $11 billion increase in taxing authority through legislation readily available in the state
House and state Senate then); now being further misrepresented to citizens as circa $28 billion in added
taxing authority in 2016 (or nearly double what was clearly represented to 147 elected state officials); and
virtually certain to result in no-less-than $250 billion in tax capacity before a repeatedly promised "partial
tax roll-back"would be feasible no sooner than 75-to-85 years into the future (which such caiculated-but-
concealed quarter trillion dollar tax-snare is likely far less than circa $1 trillion far, far more probably to be
collected before any"partial tax roll-back" has any real potential other than as a bad-faith public relations
scam on more-than-four million taxpayers in King, Pierce, Snohomish and other surrounding counties).
Thus, ST3 is a calculated attack on limited tax capacity available to comply with our state's truly pivotal
constitutional obligations to fund basic education "amply," as the "paramount duty" of the state as quasi-
sovereign and of its citizens as taxpayers, and to fulfill duties legally owed thereunder as to revenue
essential to maintain safe bridges, highways, roads and streets, for over 5.6 million state motorists, as
beneficiaries of the state constitutional trust created by the 18th Amendment to our state constitution (as
is more fully stated in a four-page document attached hereto and hereby incorporated herein fully).
Further, the ST3 tax-grab and tax-snare cannot be presented to voters lawfully, on November 8, 2016,
since any attempt to do so would violate state law because actions taken by Sound Transit as a junior
taxing district—including but not limited to its staff's remarkably defiant refusals to provide quintessential
financial-and-operational information specifically requested by the state-appointed Expert Review Panel
on February 9, 2016— render it totally impossible for that state body to fulfill its central Iegai obligations as
required by RCW 81.104.100-110 (as is outlined more completely in the below-annexed five pages of
correspondence with and about that Panel and its membership also hereby incorporated herein fully).
Still further, the ST3 tax-grab as developed to date fails to comply with direct statutory obligations of the
junior taxing district and of several other governmental agencies to establish and to employ a "least cost
planning methodology" pursuant to RCW 47.80.030, which has not been and cannot be fulfilled through
the junior taxing districYs multiple bum-rush misconduct to reach the ballot prematurely on November 8th.
Yet further, the ST3 tax-snare violates subarea equity obligations legally owed by the junior taxing district
to its four subareas— beyond its repeatedly preferred and coddled Seattle-North King County subarea —
because it would shift circa$9 billion in excess tax collections for ST1 and for ST2, which each involved a
pronounced Seattle-centric bias, into ST3, with its still-more-Seattle-centric expenditures provided for by
means of a variety of false pretenses that only begin with intentional mislabeling of a second downtown
Seattle tunnel to be used largely to enhance intra-Seattle transit service as a so-called "regional"facility
(rather than utilizing legally appropriate shares of circa$9 billion in excess tax collections, for ST1 and for
ST2, to provide long-delayed and urgently needed bus-rapid-transit service along the pivotal Interstate
405 corridor to benefit taxpayers in cities that have hugely overpaid such taxes to the junior taxing district,
but that have received little to no transit service up to this date, including Bothell, Woodinville, Kirkland,
Newcastle and Renton, all located along the I-405 corridor endorsed for BRT service in a comprehensive
plan for nearly a decade and a half thus far, as well as further east-and-south county cities, including
Sammamish, Burien and other such jurisdictions now either still unserved and else grossly underserved).
ST3 cannot lawfully, much less legitimately, merely seize circa $9 billion in excess ST1-and-ST2 taxes—
as paid substantially by taxpayers who have been drastically short-changed for nearly two decades so far
and still counting, both within two suburban subareas in King County, and also within Pierce County and
Snohomish County subareas—to fund an even-more-Seattle-centric and a yet-more unfair tax-snare.
ST1 and ST2 taxes cannot be unilaterally treated as a piggybank readily available to fund gross subarea
inequities, without any restrictions, for ST3's tax-grab and tax-snare and for any-and-all future rail-transit
ambitions to favor Seattle unabashedly and unfairly, since a "partial tax roll-back"was explicitly promised
for each such phase to citizens, as voters and as taxpayers, and since the junior taxing district explicitly
represented under oath to the King County Superior Court that its "partial tax roll-back" is a genuine legal
guarantee (in order thus to prevail in litigation then to require the complete dimensions of ST2 taxes to be
specified, as a stated maximum dollar amount, within the ST2 ballot title and in related ballot materials).
Given circa $9 billion in excess tax collections for ST1 and for ST2, mere reallocation of circa $400 million
overpaid by Kirkland residents and of circa $600 million overpaid by Renton residents—along with further
overpayments by persons and by enterprises located within Bothell, Woodinville and Newcastle—could
readily make completion of BRT on I-405 a reality, promptly, even perhaps before the end of the current
decade (after delays of almost 15 years since the I-405 Master Plan was completed, as formally endorsed
by Sound Transit as a junior taxing district, and was then granted an official federal Record of Decision).
Therefore, reallocation of the appropriate proportion of circa $9 billion in excess taxes rightfully belonging
to residents of cities on the I-405 corridor would almost certainly represent the chief opportunity available
to implement CEO Peter Rogoff's current public relations promotion of"Early Deliverables"that can be so
moved forward for one of the very most crowded transportation corridors in the state—albeit well over 15
years late —in part because of the junior taxing district's previous manipulations in order to prevent a low-
cost "pilot project"to test commuter-rail service between Woodinville and Renton proposed by Eastside
Rail Now! earlier(through Paul Zimmer, as its chairman, and through the undersigned, as its president).
Additionally, thousands of inembers of the Kirkland-based Save Our Trail organization have very robustly
supported early-and-extended deployment of BRT on I-405 and SOT's able leadership has documented
the cost-effectiveness of that alternative in its repeated presentations to the junior taxing district's Board
of Directors, including at its meeting yesterday, as legally required by statutory"least cost planning"duties.
Given the certainty of the junior taxing district's repeated frauds on every resident within its three-county
jurisdiction as citizens, taxpayers and voters with respect to a repeatedly promised "partial tax roll-back"
both for ST1 and also for ST2, given an apparent fraud as to same under oath against the King County
Superior Court as to ST2 and given misrepresentations directly made to the 64th Legislature in order to
obtain up-to-$1 trillion in taxing capacity under the false guise of a nominal request for an additional $15
billion in taxing authority for ST3 (and certainly no-less-than-$250 billion absent a fuily clear limitation in
legally enforceable ballot-title documents), the ST3 tax-grab is not merely a tax-snare, but an intentional
follow-on fraud against nearly half of all citizens of this state, every member of the current legislature and
our state's judiciary, in its current draft form, and ST3 shall remain so absent wholly clear specifications of
explicit-and-enforceable terms for a "partial tax roll-back" legally promised for ST1 (belatedly after almost
two full decades of misrepresentations so far), for a further"partial tax roll-back" legally promised for ST2
(belatedly after nearly eight years of misrepresentations to date) and for ST3 (if the goal is not to collect
$1 trillion based on direct requests for$15 billion, repeatedly, as squarely made to the 64th Legislature).
Simply put, ST3's tax-grab and its tax-snare, in the present form, are not just the largest tax fraud in state
history, but one intended to drain crucial tax capacity both from every child in the state and also from 5.6
million licensed drivers as the lawful beneficiaries of the state constitutional trust legally created by the
18th Amendment, and one thus certain to affect the junior taxing district very adversely in the longer run if
its frauds are not withdrawn, and if belated compliance with all requirements under statutory law and as to
subarea-equity obligations is not begun promptly after almost 20 full years of dishonoring them, especially
since ST3 now rests on patent defiance for principles for sound transit service for medium-sized cities and
for associated suburban areas (as capably outlined by Mr. Rogoff as Administrator for the Federal Transit
Administration, for the Obama presidency, before he was hired to destroy those standards through ST3).
Respectfully yours.
Will Knedlik
-----Original Message-----
From: will knedlik<wknedlik(cr�aol.com>
To:jojacobson <ioiacobsonCc'�comcast.net>; b.lorenz <b.lorenzCc�ilsbcplobal.net>; kkoenig314
<kkoenia314Ca�qmail.com>; mweed <mweed ac'�mainstreeteq.com>; richard.walker
<richard.walker(c�oreqonmetro.aov>; siim <siim(a�uic.edu>; s.lundin <s.lundin(a�comcast.net>;
susan.haupt <susan.haupt(cDodot.state.or.us>; tracmark <tracmarkc�D.u.washinqton.edu>; John
<John(a�CedarRiverGrouq.com>
Cc: millarr<millarrc(D.wsdot.wa.qov>; peter.rogoff<qeter.roaoffaC7soundtransit.ora,>; billsr
<billsr(c�wmqoqpassoc.com>; dicknels <dicknelsCcDmsn.com�; niles <nilesCa�alobaltelematics.com>
Sent: Fri, Apr 22, 2016 4:08 pm
Subject: Fwd: Request for Panel to inform appointing authorities of inability to fulfill statute
Mr. Chair and Panel members:
Request is hereby made for the Expert Review Panel to inform all appointing authorities, forthrightly and
promptly, as to its clear inability to fulfill its demanding statutory duties pursuant to RCW 81.104.100-110 -
- as well as regarding its members' related oversize fiduciary obligations as to same -- as direct
consequences of and otherwise due to (1) a completely absurd time-frame and totally irresponsible
schedule being arbitrarily imposed on the Panel's crucial work by the junior taxing districYs Board of
Directors (for no purpose other than the anticipated political advantage of the General Election ballot in
2016 as discussed by Board members openly); and (2) senior Sound Transit staffs explicit refusals to
supply quintessential financial-and-operational information requested by Panel members on February 9,
2016 explicitly (in apparent efforts by one-or-more Panel members to accommodate said absurdity and
such irresponsibility).
While these factual realities are implicit in minutes for a rump conference call reportedly conducted on
March 31, 2016 -- apparently without any public notice--the John-Howell-speak presentation
therein covers up, rather than conveying fully, much less clarifying helpfully, principal implications
thereof vis-�-vis statutory duties and fiduciary obligations through the studied equivocation inherent within
its paramount-but-attenuated revelation, namely: "The timing may be challenging for the panel to review
the full Finance Plan before the [junior taxing district] Board has to make a final decision" (notwithstanding
that neither can the Panel fulfill its central statutory responsibility necessary for any genuine "Independent
system plan oversight" [RCW 81.104.100, emphasis added], nor can any panelist honor his or her own
multiple fiduciary obligations devolving therefrom [under state decisional law here]).
For example, the multibillion-dollar hole knocked into the combined ST1-ST2-and-ST3 financial plan
when the Honorable Curtis King, as Chair of the Washington State Senate Transportation Committee,
declined to allow critical state legislation to move forward -- as legally required for the junior taxing district
even to purport any lawful right to pay only 10-to-15 percent of full-and-fair market value by its own
accounting for its planned rail uses of multibillion-dollar Interstate 5 and Interstate 90 highway facilities, as
held in a state constitution trust on behalf of 5.6 million state motorists as trust beneficiaries pursuant to
the 18th Amendment to our state constitution, after formal-but-futile testimony from the districYs General
Counsel at a public hearing on Senate Bill 6623 on February 3, 2016 -- cannot simply be just blinked
away by the Panel: particularly after its own consultant repeatedly identified inadequacies in cost
methodologies now being utilized for ST3 planning in respect to right-of-way purchases and in
regard to other acquisitions of permissions necessary for non-highway rail uses of any state
roadways (during its two days of ineetings on February 8-9, 2016).
Likewise, the Expert Review Panel cannot gainsay the core fact that Sound TransiYs own staff
documented at the Citizen Oversight Panel meeting held on February 19, 2015 -- albeit withheld,
apparently, from the state Panel and from its members thus far--that ST3 plans would greatly increase
bid costs for the junior taxing district by circa 20-to-30 percent because of inadequate heavy construction
capacities at present within the central Puget Sound region to facilitate a much accelerated ST3 build-out
therewith (as well as adding other billions of dollars to heavy construction expenses for the Washington
State Department of Transportation, for school districts, for counties and for cities, regionally, if not
statewide), certainly not based on the generic 50,000-foot overview provided by Brian McCartan last
Tuesday (which lacked particulars afforded previously to the COP well over a year ago, and which was
characterized by a highly experienced out-of-state Panel member then as little more than pretty colored
graphics of a very rudimentary eyewash variety).
Nor can numerous other major financial matters be papered over in a final state Panel report in the slap-
dash manner in view as a sleight-of-hand attempt thereat, near the conclusion of the February 9th
meeting, in a completely superficial, indeed en passant, style possible only through disregard for Mike
Morrison's multiple presentations on that and the previous day to the Panel that retained his expertise at
taxpayers' expense so as to establish ST3's patent ROW-cost inadequacies thereby, as well as through
dismissal of my oral testimony and further written submissions, along with that of other more
knowledgeable members of the public at those sessions, including Honorable Dick Nelson's repeated
presentations to the Panel in respect to the junior taxing district's failures as to its pivotal statutory "least
cost planning methodology" duties both during February and also again last week (notwithstanding Dr.
Nelson's generous offer, as the legislative father of statutory LCPM requirements, to supply a cost-free
tutorial for any panelist with any real interest in ensuring actual compliance with state law pursuant to
those ST3 planning functions squarely under the Panel's oversight and thus within its single established
legal responsibility).
While I have not observed misfeasance by any of the out-of-state Panel members who attended and
participated in Panel sessions on April 11-12, 2016, grotesque lacunae in fundamentals of integrity as
evident then both in a local Panel member clearly suggesting, indeed squarely urging, that Sound
Transit's management scapegoat the 64th Legislature for what he asserted to be major inadequacies in
indisputable ST3 campaign activities (via Sound Transit staff's misappropriations of taxpayer funding
heretofore), and also in a Chair thereafter suppressing a pivotal line of questioning (central to the Panel's
essential oversight role), particularly when taken together, yield factual-and-legal circumstances such that
and whereby any continued silence, in the face of such escalating misconduct, shall of patent legal
necessity belong to and be owned by each-and-every Panel member who remains mute in a fashion
thereby betraying its and their"Independent system plan oversight"duties in and through any final Panel
report that would, thereby, substantially aid and significantly abet such and all other distortions of the
paramount oversight process from any further shilling for ST3 hereafter by further misuses of public funds
(contrary to the Panel's sole "oversight"function).
This is important because any additional attempts at a cover-up of major financial inadequacies in the
manner evident upon February 9th, as well as suggested within the nominal minutes of a rump
conference call on March 31st, shall necessarily result in litigation focused on misfeasance orworse by
the Panel as a "oversighY' body with no lawful role in its repeated advice to Sound Transit staff on ST3
campaign tactics by means of both its and also their statutorily prohibited misuses of public assets for
campaign activities during recent Panel meetings, as well as by individual Panel members, including
those who have not acted as shills to this date, but whose continuing silence hereafter would render
each-and-every such panelist as an intentional confederate of, in and for obvious
wrongdoing repeatedly in evidence since late 2015, if not before then, as now being driven by the present
Chair, roughshod, as briefly referenced hereinabove, and as more fully indicated hereinbelow within
correspondence provided to Panel members for basic informational purposes in hereafter evaluating
whether to foster still more wrongdoing, with yet further silence in the face thereof, or whether to act to put
a halt to it, through the now required action indicated squarely herein and requested directly hereby.
In addition to breaches of oversize fiduciary obligations to derive from any-and-all further delays in acting
forthrightly and promptly, more millions of taxpayer dollars would be wasted, thereby, beyond tens of
millions of dollars in public monies already flushed down the drain by the Sound Transit Board's bum-rush
processes solely to gain anticipated political advantage for the planned ST3 ballot measure --with
expected support from General Election-only voters during a presidential year--for a clearly premature
and patently inchoate tax-grab for no-less-than $250 billion (if, but only if, Panel members will continue to
play along with such increasingly gross wrongdoing through an increasingly egregious cover-up, if not yet
worse, together with those who would scapegoat our state legislature and who have already clearly
suppressed quite essential Panel inquiries).
Respectfully yours,
Will Knedlik
...........................
-----Original Message-----
From: will knedlik<wknedlik a aol.com>
To: curtis.king <curtis.kinp(c�leq.wa.aov>; clibborn.judy<clibborn.iudvCc�lep.wa.aov>
Cc: pres <pres(cr�.uw.edu>; millarr<millarrcni wsdot.wa.pov>; peter.rogoff<peter.ropoffCcasoundtransit.orq>;
John <John('a�CedarRiverGrouq.com>
Sent: Thu, Apr 14, 2016 9:42 am
Subject: Gross misconduct by an Expert Review Panel and related matters
Senator and Representative:
While I fully respect that you, as legislators, are not obligated to respond to the public disclosure requests
directed to persons and agencies below identified, given enormous misconduct below outlined, including
urgings to the Sound Transit staff that the 64th Legislature be scapegoated in order to cover up
inadequacies in the Sound Transit 3 plan (as perceived by Mark Hallenbeck as the "Director of the
Washington State Transportation Center[TRAC] at the University of Washington" as is stated in
Panel materials), I would hope that you would want to cooperate in an effort to obtain answers to all
inquiries below set forth so that every member of the current legislature is able to receive, promptly,
information that is fully accurate regarding truly gross misconduct by the Expert Review Panel
nominally overseeing development of a $15 billion ST3 plan instead of an $11 billion option as the
alternative that Honorable Dow Constantine and other Sound Transit advocates insisted would be
inadequate, financially, in their intense lobbying for an additional $15 billion in regional taxing
authority (after extended negotiations by and between the two of you did not result in an
intermediate figure and after$15 billion in new taxing authority became a part of the estimable
omnibus transportation revenue package ably delivered by the two of you on a cooperative basis
since lauded greatly and justly statewide).
Given that the current Expert Review Panel has repeatedly abandoned its legitimate oversight
responsibilities -- in order repeatedly to function as a campaign-advisory body financed solefy with
taxpayer dollars -- I would expect in due course to ask you, as its joint appointing officers, to conduct
a formal review, whether through the Joint Transportation Committee or in some other fashion
determined by you, cooperatively or separately, and information and data hereby requested would
certainly assist your able staffs in advising you with respect to such request, when and if made
hereafter, whether by me or by one of several good-government groups now being encouraged to
assist in getting to the bottom of efforts to scapegoat our legislators, in an election year, not only by
ST3 proponents, but also by the Panel's clear misuse of tax dollars.
Thank you for your consideration of this request for information applicable to the various public
disclosure requests set out hereinbelow.
Respectfully yours,
Will Knedlik
-----Original Message-----
From: will knedlik<wknedlik a(�aol.com>
To: pres <qres c�Duw.edu>; MillarR <MillarR(a�wsdot.wa.pov>; peter.rogoff
<peter.ropoff(c�soundtransit.ora>; John <JohnCc�CedarRiverGrouq.com>
Sent: Wed, Apr 13, 2016 12:29 pm
Subject: Public disclosure request as to apparent conflict-of-interest and related matters
Madam President and Gentlemen:
Preliminary to written communications with each member of the 64th Legislature respecting the state-
appointed Expert Review Panel's public meeting on April 11, 2016 wherein Sound Transit's staff inembers
were explicitly urged by a University of Washington employee to design the junior taxing district's
promotion of its Sound Transit 3 plan to citizens, as voters and as taxpayers, so as to scapegoat the
Washington State Legislature for a substantial inadequacy therein -- as so perceived by
Mark Hallenbeck as "Director of the Washington State Transportation Center (TRAC) at the
University of Washington" according to Panel materials -- a formal public disclosure request is
hereby made for certain information necessary for ascertainment of those matters above indicated:
1. all documentation of all monies received by TRAC from Sound Transit, whether directly or
indirectly, and all communications as to those and all other financial circumstances beneficial to
TRAC as solicited, proposed, offered or discussed otherwise between them, including but not limited
to each funding opportunity now pending;
2. all documentation of all reviews as to a potential conflict-of-interest in the appointment of
Mr. Hallenbeck to the Expert Review Panel -- in the oversight capacity required by statutory
responsibilities of the Panel under RCW 81.104.110-110 and by demanding fiduciary duties as
imposed legally on every Panel member by state decisional law-- given taxpayer funding received
by TRAC from Sound Transit as appears to be documented by TRAC's website currently as of this
writing;
3. all documentation of all reviews as to any other potential conflict-of-interest in the
appointments of every other member of, or administrative staff functionary to serve, the Expert
Review Panel whose income is funded in such a fashion that his or her income has been, is now or
could reasonably be expected hereafter to be benefited in part or in whole by funding received from
Sound Transit either directly or through his or her employer; and
4. all information provided by Sound Transit respecting identification, selection and vetting of
each person appointed to the current Expert Review Panel, including determinations of its chair and
of its panel administrator.
Additionally, in order to ensure complete accuracy for each member of the 64th Legislature of my
transcription of Mr. Hallenbeck's direct urging to Sound Transit staff"to blame the legislature"--
in crafting of a political campaign to deflect attention from a major inadequacy of the ST3 plan as
perceived by him, as Director of TRAC, through a calculated process financed with taxpayer funding
both for Sound Transit's own staff and its various consultants and also for every Expert Review
Panel function, including extensive, overt and recurring campaign-engineering advice that repeatedly
overwhelmed and buried its lawful statutory oversight role on Monday and Tuesday of this week, and
that was facilitated by Jim Jacobson's gross abuse of the prerogative of the chair in order to
suppress vital inquiries attempted in furtherance of the Panel's sole legitimate oversight role
pursuant to RCW 81.104.100-110 -- please provide copies of all notes taken by John Howell,
Rhonda Peterson, all Sound Transit staff and its contractors, all WSDOT staff and its contractors, all
University employees and its contractors and all Panel members who attended any port of the
Panel's meetings on April 11-12, 2016, as well as any preliminary to and during a certain conference
call regarding ST3 finances apparently held on March 31, 2016 without any public notice of any kind
whatsoever.
Request is made that no further conference calls be made by the Panel without public notice to
members of the public who have participated in its meetings on April 11-12, 2016, and without
provision being made to facilitate citizen observation, and that no further Panel meetings be held in
any location that does not accommodate audio recording and live webcasting, such as the Sound
Transit Board room presumably available without any cost to any taxpayer, so that all state citizens,
including but not limited to 147 members of the 64th Legislature, are able to observe any further
campaign advice being provided and all other misconduct by a nominal oversight panel that has
repeatedly and increasingly been misusing taxpayer funding for campaign-design purposes at
locations rented presumably at least in part in order to prevent monitoring of such misfeasance in
public office by those who have facilitated and encouraged same, including Panel officers inclusive
of its chair and its administrator.
Because members of the 64th Legislature deserve to know, both accurately and also promptly, that
the state-appointed Expert Review Panel has been repeatedly and increasingly engaged in
supplying advice for design of an optimal ST3 political campaign through misuse of taxpayer funding
-- including the proposed scapegoating of the Washington State Legislature squarely urged by
the "Director of the Washington State Transportation Center(TRAC) at the University of
Washington"while presumably being paid in substantial part with funds provided by the state to
foster his overt suggestion "to blame the legislature"-- I am contacting you directly in order to
request that your able staffs provide materials on as expedited a schedule as convenient for the
University, WSDOT, Sound Transit and the Panel as to all materials respectively applicable pursuant
to this public disclosure request.
As I indicated in public testimony to the Panel yesterday, I have never heretofore observed any
element of state, regional or local governments here, including any of our state's thousands of
legislatively authorized junior taxing districts, to engage in such egregious, patent and
recurring misuses of taxpayer funding in order to assist in the design of a politica�
campaign strictly prohibited by central state election law-- inclusive of components directly providing
for ST3 to be reballoted under court supervision if it were to be approved by voters under extremely
sad circumstances of multiple violations of state law evident over the last two days -- nor could I
have ever imagined that any employee of a state-funded institution would squarely urge
scapegoating of our state legislature in order to benefit a very junior taxing district (albeit one
providing finances to TRAC if its website is now to be believed).
Thus, early and full cooperation would be genuinely appreciated so that the 64th Legislature, along
with every state citizen, can receive fully accurate information necessary to document entirely certain
and extremely critical wrongdoing, as well as to ascertain if a seeming conflict-of-interest involving
TRAC is in fact only all too real.
Because of the gravity of the misconduct over the last two days at issue, including both
scapegoating urged and also suppression imposed on legitimate inquiries by the Panel essential
both to fulfill the key statutory obligations thereof qua a quintessential oversight body and the
demanding fiduciary duties owed by every panelist qua a state officer until resignation or balloting
that terminates said body's work, I shall continue to communicate with you directly until there has
been a full resolution of all gross misfeasance in public office, as well as with the 64th Legislature
promptly and with the 65th Legislature if necessary, but I would be pleased to be provided with the
staff person within your respective organizations who can optimally assist with any follow-on public
disclosure requests indicated either by initial compliance with state law in this matter timely or else
as may arise otherwise.
Respectfully yours,
Will Knedlik
�(/�I'� �,...
s��/l�
Central role of Sound Transit in starving county roads and in endangering regional motorists
Will Knedlik*
Hon. Dow Constantine's Transportation Policy Advisor, Chris Arkills, has spoken candidly to local
government officials about Sound Transit's central role in starving King County roads during recent
decades, and in thereby greatly endangering regional drivers from there and from adjacent counties.
Mr. Arkills' frankness respecting explicit knowledge by him and by other senior counsel to the King
County Executive as to the clear financial connection between chronic underfunding of county roads,
for at least two decades, and massive-and-rapid growth in crucial tax capacity being shifted to Sound
Transit, for its ST1-and-ST2 programs, has devolved in his responses to quite persistent questioning
of him by public officials through the Eastside Transportation Partnership, in 2016, about worsening
deterioration of county roads from inadequate funding of essential maintenance, and about resulting
perils for taxpayers' investments from gross negligence and for motorists' lives from utter disregard.
For example, on February 12, 2016, Mr. Arkills directly explained that Sound Transit Board leaders
have repeatedly presented tax proposals to fund that junior taxing district's rail-transit projects to its
residents, as voters and as taxpayers, while those same elected officials have repeatedly withheld an
opportunity to fix now collapsing roads(in his then highly succinct outline of the core fiscal reality):
"We have voted on several Sound Transit ballots, but not on any county bridge-and-roads measure."
Thus, Sound Transit received $778 million in local taxes in 2015 —at well over$2 million every day
—which will grow in a decade to $1 billion annually if its ST3 tax-hike is withheld or fails, $2 billion
each year if ST3 passes and$3 billion per year if sales taxes are e�ended to services to fund schools.
Neither Mr. Arkills, nor Executive Constantine, has been as forthcoming to locally elected officials—
much less to mere taxpayers—about what Sound Transit's able fiscal staff has dacumented for its
Citizen Oversight Panel: i.e. costs to repair, maintain and operate city streets, county roads and state
highways have all been substantially increased for taxpayers by STl and by ST2; ST3 would ratchet
each such outlay yet higher; and those indisputably adverse dollar impacts from ST3 would escalate
huge costs already inflicted on public-and-private schools,higher education and businesses,inter alia.
Sound Transit staffinformed COP on February 19, 2015 that, due to regional construction capacities
today overtaxed to build enormous STl-and-ST2 facilities still years from long-delayed completion,
any decision to accelerate construction will certainly raise bids for ST3, for every other large public-
sector program at city, county and state levels and for much commercial construction in the private
sector(with Sound Transit's own estimate of increased costs to be imposed regionally, including Qn
cities, counties and school districts, at circa 20-to-30 percent more than necessary but for intentional
actions by Mr. Constantine and by other Sound Transit leaders to press ST3 forward improvidently).
ST1-and-ST2 projects have thus both effectively prevented tax funds urgently needed to avoid slow-
motion strangulation of essential county-and-city infrastructure, and also immensely raised costs for
county roads and city streets, even as Sound Transit today prepares to rush to the front of the tax line
—again—with a genuinely gargantuan and patently premature ST3 tax-grab long b�fore it can finish
ST1 and ST2 (as well as stealing tax capacities from public schools and from 5.6 milli�n motorists).
Will I{nedlik chaired the Revenue Resources Subcommittee ui flie state House of Representatives. Email at: TnrthlnTaxation@aoi.com.
._ _
i
�
i
�
I
! Sound Transit's$250 billion tax-grab for its recicless ST3 plan urgently needs a pause button
�
i Will Knedlik*
�
�
Sound Transit's reckless ST3 plan is neither simply a $250 billion tax-gab from the pockets of that
junior ta�ng district's three million residents(along with another million living elsewhere but paying
into its vast treasury), nor just a bum-rush on 51 cities in three counties to endorse a huge tax-hike to
i multiply STl-plus-ST2 tax burdens on every regional household from $64,000,today, by four-to-12
times (despite lack of minimally adequate factual-and-fiscal data essential for responsible analysis of
; why its tax-bonanza of over$2 million each day, soon to reach$1 billion per year, cannot be enough).
1
�� � The principal targets of the genuinely gargantuan and patently premature tax-rise now being devised
by Sound Transit's 18 Board members—as well as by its innumerable taxpayer-funded bureaucrats,
consultants and public-relations professionals — are both every child attending any public school in
our state(whose legal right to a high-quality education through fully"ample provision"of limited tax
� dollars is identified by our state constitution as the"paramount duty" imposed on citizens here), and
( also over 5.6 million licensed drivers who pay fuel taxes, tolls and various other user fees (whose
legal rights, as beneficiaries of a state constitutional trust created"exclusively for highway purposes;"
include receipt of the full economic value for any rail uses of our increasingly expensive roadways).
Within our state's unfair-and-unsustainable tax structure, Sound Transit is already denying public
schools a substantial proportion of sales-tax capacity otherwise available through a constrained-and-
� crabbed tax system,while its addition of new property taxes mainly for ST3 light-rail projects would
thus harm children and their constitutionally guaranteed right to first-class instruction even more(as
` well as worsening major property-tax escalation today forcing many residents from their homes), and
while its interrelated ST3 tax-surge would inflict a huge cost increase on motorists so as to divert tax
capacity sorely needed to repair and to maintain bridges, roads and transport infrastructure essential
to carry people and to haul freight, as well as for police-and-fire protection, emergency vehicles and
its own buses now transporting nearly 60 percent of all riders whom it moves daily (as funded with
over$2 million each day in its sales-and-other taxes paid overwhelmingly by people not using transit
and without it paying one penny in huge gas taxes already imposed on drivers to subsidize its buses).
Although the centrality of tax capacity seldom arises here, if at all, even within discussions yielding
the most informed public dialogue as to a long-devolving conflict,unfolding today, between our state
Supreme Court's present majority and our current 64th Legislature—as but another inexorable slow-
motion step each inching, since 1977, toward a full-blow constitutional tax crisis between judicial-
and-legislative branches of state government—it is the quintessential-if-largely-overlooked heart of a
multidimensional process always required in policymaking for taxes and for all other public monies.
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Historical analyses of financial circumstances underlying baronial revolts that yielded Magna Carta,
I� in 1215, well focus on King John's self-imperiling disregard far an effective ceiling on his subjects'
� t� capabilities—in his struggles to refill a royal fisc bled dry from then-recent decades of crusading,
including a ransom to free his older brother, Richard the Lion Heart— especially after the estimable
Lord Chancellor Hubert Walter died, in 1205, and major fiscal-cum-political expertise was thus lost.
' Simply put, while Sound Transit's tax-grab for a quarter trillion dollars is far greater than most, and
while its willful selfishness is rather more crass than many, ST3 is certainly not unique in tax history.
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At least since modern public finance's basic warp-and-woofwas initially specified for Louis XIV by
the Sun King's seminal Minister of Finance, Jean-Baptiste Colbert, in the late 1600s — as a delicate
art and as a none-too-exact science — informed practitioners have recognized both fiscal limits far �
sustainable revenue structures imposed by tax capacity, and also political checks necessary for "so +
plucking the goose as to obtain the largest amount of feathers with the least possible amount of j �
hissing"(albeit with that former insight's primacy less oft recalled than Colbert's latter witty caveat). � '
While triggering particulars can and do vary substantially in circumstances underlying countless tax I �
revolts across millennia—from before earliest peasant uprisings were recorded in writings still extant
on through the multiple fiscal abuses outlined and proscribed within central provisions of the Great
Charter as preserved in its medieval Latin te� and up to this hour in taunts and in tweets expressing
myriad complaints in social media today— the unbroken thread endlessly stitching each "enough is i
enough" statement by taxpayers in repeatedly harsh words, and in occasionally rebellious conduct,
into a woven tapestry of insurgencies against taxation, with or without representation, is neglect by
those seeking to add levies about perceptions of a maximum tax appetite by those forced to pay them.
Given our state's restricted tax regime and, hence, vital importance of tax capacity, obliviousness by
local-and-state elected officials nominally representing three million of us in tracing dots in statutory
law between gigantic new taxes for rail transit and unconstitutionally inadequate spending on public
schools—which could be connected by most preschool toddlers, with a dull crayon, after over $778
million in regional taxes were handed to Sound Transit in 2015 —would be quite breathtaking,under
any circumstances, but such mindlessness has been rendered truly mindboggling,today, by our state I
Supreme Court's unprecedented decisions in recent years, one after another, first in finding our state �
to be violating the constitutional right of every child to a fully ample public education, thereafter in �
holding our state to be in utter-and-ongoing contempt of court for our thus-unconstitutional thefts of �
such piv�otal resources from each student here, and finally in imposing a fine of$100,000 per day to �
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sanction contempt, for that still-continuing defiance, to be paid by all taxpayers statewide, inter alia.
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'� Under our state's inequitable-and-unreliable tax system, rational doubt cannot exist that ST3 would I I
drain vital sales-and-property tax dollars, undeniably sine qzccz non for funding public schools, away
from this state's"paramount duty," and would thereby hurt schools everywhere, and that its addition i
of further enormous tax burdens on all motorists, here, would bleed monies critical for preservation
of roadways crucial not just for cars, freight and protective services, but also for buses carrying all or
large majorities of Community, Everett, Metro, Pierce and Sound Transit agencies' riders(at a time
when state, county and city bridges, highways and other pivotal facilities are all deteriorating, ever-
more rapidly, due to perpetual deferrals of core maintenance from insufficient funding, for decades,
which now constitute an effective public policy of colossal, if thinly veiled, deficit spending here).
In brief, the actual-but-masked objective of Sound Transit's immense ST3 tax-grab and of its related '
bum-rush is an end-run around our state constitution's Article IX and its 18th Amendment in order
to seize,thereby, both $250 billion from our state's limited tax capacity during 2016 (just before the
65th Legislature tries in 2017, after unprecedented fines for contempt of court to be paid by every
citizen statewide, belatedly to repair decades of chronic underfunding of schools), and also 85-to-90
percent of the actual value of our state's most valuable transportation infrastructure for rail use of the
Interstate 5 and Interstate 90 corridors(every inch of which is held within a state constitutional trust).
Thus,urgent need for a pause button on the ST3 ploy is clear well before its recklessness is assessed. j
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Information presented to the PSRC General Assembly by Will Knedlik on March 31, 2016
I am here today as a citizen, taxpayer and voter to ask your very able president, your equally capable
vice president and all of you as locally elected officials to act such that your respective jurisdictions
promptly take affirmative steps to encourage Sound Transit's 18 Board members to hit the Pause
Button on that junior taxing district's truly reckless ST3 ploy: so that schools boards statewide are
not put into a position of being compelled to condemn ST3, this autumn, through formal resolutions
of public opposition (for tax-capacity reasons outlined in a four-page white attachment to the blue
document prepared for this General Assembly), and so that more-than-5.6 million licensed motorists
need not be marshaled in order to defeat ST3 as well (on other bases that are also sketched therein).
As much as I would like to discuss 15th century rail technology and the 17th century public transit
paradigm that together constitute the heart of mindless ST3 plotting, brief time available requires a
focus today only on 20-to-30 percent increases in local government construction costs that would be
created by ST3 —with a Trump-like carelessness— and on the source of this key datz�m provided by
Sound Transit's expert financial staff in a key presentation to its Citizen Oversight Panel 13 months
ago (as more fully identified within 4th, Sth and 6th paragraphs of the blue handout supplied today).
Simply put, what Sound Transit's fiscal staff told its COP members is that the construction industry
in the Puget Sound region is spread so thin with major projects, already, that pushing ST3 rail work
forward by a decade —which is about the best that ST3 could do for an e�ra $1 billion each year in
taxes — would raise its own capital costs by 20-30 percent, cities' capital costs by that percentage,
counties' capital costs likewise, school districts' capital costs similarly, and private-sector capital
costs as well, with such harmful increases e�ending still further as a drag upon our state's economy.
A true LOSE-lose-LOSE-lose-LOSE situation for 15tt' century rail technology and for a 17`}' century
public transit paradigm at the heart of an ST3 plan that will have almost certainly been largely, if not
totally, replaced both by driverless cars, and also by various big-data technologies, well before its
first rail project could be constructed: but after a least a quarter trillion dollars in constrained tax
capacity had been destroyed in the process, after every school child statewide had been hurt greatly
thereby and after 5.6 million drivers were turned into the strongest political force in state history.
The bigger picture is available in two handouts, including a sobering history of tax-and-toll revolts,
which should be read with genuine care both by those who led Metro's failed Prop 1 tax-grab for a
mere $1.5 billion in 2014 (a tax scam that I opposed within the Voters' Pamphlet), and also by those
whose actions created a remarkable Stop405Tolls movement in 2016 (actions that I also opposed).
Because of enormously increased costs to be imposed upon your jurisdiction's taxpayers by the
egregiously harmful ST3 scheme, I wanted to begin this conversation with PSRC, this afternoon, as
well as to provide you with materials prepared for educational leaders' important assembly here on
Saturday, for an equally crucial meeting of a now organized anti-tolling community on Sunday and
for associated functions of teachers and of motorists, later in April, in Spokane and in Ellensburg.
Mayor Marchione has been kind enough to tell me that he finds it useful to receive my views in
writing and I am pleased to start an ST3 dialogue hereby as to its irresponsible recklessness for your
jurisdiction's construction expenses and for your constituents' children, homes, lives and wallets.
Will Knedlik chaired flle Revenue Resources Subcommittee ui the state House of Representatives.Email at TruthInTaxation@aol.com.
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Particulars about ST3 are in short supply, so far, beyond the Sound Transit Board's intent and efforts
to cut in line, for crucial tax capacity, in front of every school child (so as to harm public education
despite Article I�, and in front of more-than-5.6 million state motorists(so as to harm not just them,
as beneficiaries by the state constitutional trust created "exclusively for highway purposes" by the
18th Amendment, but also our state's economy by thus degrading passenger-and-freight mobility, as
well as each citizen's safety by greatly undermining life-saving police, fire and ambulance functions).
What is indisputable is that Sound Transit's management has squarely documented its bum-rush on
local governments in three counties to further ST3 —despite woefully insufficient factual-and-fiscal
information—in its explicit acknowledgement that it gave far greater detail on benefits-and-costs of
ST2 and allowed nearly 30 months for comments by cities and counties,oa decade ago, while it has
demanded their input on ST3 in just over 30 days, in early 2016, with far lesser definitions of transit
routes and of massive expenses(despite ST3 being far bigger, far more costly and far less specific).
In addition to this direct acknowledgement to the Expert Review Panel appointed by our state to vet
ST3 planning, that body's engineer who evaluated Sound Transit's methodologies pointed out major
inadequacies in development of costs for right-of-way use in the I-5 and I-90 corridors, not only in a
written report, but also in four animated oral presentations to members of that group, at its most
recent two-day meeting, after Sound Transit's Board unanimously approved efforts to expropriate
85-to-90 percent of full-and-fair enterprise value of key highway assets held in a state constitutional
trust(following its manager's explicit report that"in many cases we are paying somewhere between
10-and-15 percent of the total fair market value"under its thereupon-approved Motion M2015-122),
and after Honorable Curtis King, who chairs the Senate Transportation Committee, squa.rely and
powerfully rejected that attempt to steal from 5.6 million trust beneficiaries of highway assets held
in a state constitutional trust(in ending a critical public hearing on Senate Bill 6623 earlier this year).
While Sound Transit's recently hired chief executive officer, Peter Rogoff, has reported to its Board
that he is seeking to arrange a meeting with Senator King to discuss the multibillion-dollar hole thus
punched into its efforts to steal those several billion dollars from trust beneficiaries living and paying
fuel taxes in 39 counties—in order to benefit rail-transit users in parts of just three counties—neither
the 65th Legislature, in 2017-19, nor any future legislature, thereafter, could lawfully shift literally
billions of dollars in trust assets into rail uses long-since-adjudicated to be non-"highway purposes,"
from more-than-5.6 million motorists, as beneficiaries of a state constitutional trust squarely created
"exclusively for highway purposes" (not just due to demanding fiduciary duties owed by our state as
the trustee, as a matter of state law, but also as obvious reality vis-a-vis simple political heft in a state
with only seven million residents today, including children too young to vote,unlike most drivers).
Although it might at first blush appear that no component of reckless ST3 plotting could possibly be
as unmoored as its financing element now reeling from an out-of-hand senatorial rejection of Sound
Transit's Board-approved efforts to evade payments for 85-to-90 percent of the full-and-fair market
value for I-5 and I-90 highway facilities held within a state constitutional trust to benefit all motorists
statewide — as required for its Link light-rail program to be financed through its comingling of STl,
ST2 and ST3 tax dollars—that may well not be the junior taxing district's chief quandary in trying to
convert its recent bum-rush on 51 cities into a ballot-box stampede of millions of citizens within its
jurisdiction in order, thereby, both to imperil all state children by draining crucial tax capacity from
' their schools (despite Article IX), and to endanger lives of all state drivers by bleeding funds direly
! needed for repairs and for maintenance essential for roadway safety(despite the 18th Amendment).
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While Sound Transit's conflated ST1, ST2 and ST3 fiscal scheme is obscurant by design, no doubt is
possible that its previous core promises of partial tax roll-backs for ST1 and ST2 were never written
as enforceable terms(as required for duties owed to citizens legally); its direct guarantee to limit total
borrowing to "an overall long term debt ceiling of$800 million" has been violated repeatedly (with
11 times more debt required for ST1 and for ST2 than lawful); and it never provided a single "annual
comprehensive performance audit" (despite STl's ballot-title mandate and thereby-legal obligation).
Equally certain is that the most probable legislative resolution for chronic underfunding of public
education, statewide,is a vast expansion of sales taxation from goods to most services so as nearly to
double the conjoined tax-haul from STl, ST2 and ST3 (which the$250 billion figure herein reflects).
Further, even if each ST3 fiscal maneuver was fully defined and wholly transparent, which none is,
rationally informed and otherwise responsible citizens,exercising simple prudence,would be wary of
blank-check authority to spend $250 billion for transit projects based both on late-15th century rail
technology and also upon a mid-17th century public transit paradigm: each of which experienced its
prime operational period in the 19th century(and then rather quickly collapsed soon after World War
II, except in New York City, and in a handful of other large cities restricted by outsize pre-Civil War
investments in legacy rail-transit infrastructures), and neither of which is likely to have continuing
relevance for transport beyond the neat decade or so (as rapid developments in autonomous vehicles
greatly enhance convenience for transit users, including much faster portal-to-portal travel times,
and passenger safety, including for an aging populous justifiably alarmed at public-transit dangers).
As a medievalist charmed by radiance in the so-called Dark Ages (including funicular rail functions
within Austria apparently begun in circa 1495, still carrying freight to Hohensalzburg Castle today
and of utility for development of rail engineering over the last 520 years), and as an aficionado of all �
rail technologies developed since (as well as ofproto-rail modalities devised for military purposes in '
Greece perhaps two millennia earlier), little appeal is found in driverless cars hauling transit riders,
ant-like, whenever they want to leave, where ever they wish to go and without any fixed places for
departures and for arrivals, except for preserving hundreds of billions in finite tax dollars to end gross
violations of Article IX now denying a constitutional right of every state child, and for preventing
more billions in finite motorist taxes from being lifted from "all other state revenue intended to be
used for highway purposes" despite its 18th Amendment protection therefore (while also resolving
above-noted constrictions on mobility inherent in a royal patent granted to Blaise Pascal, in 1662,for
his invention of the modern public transit paradigm to foster transport between Paris and its suburbs).
Hence, despite enthusiasm for each medieval advance, including rail transport, and despite nostalgia
for all things rail, inclusive of antecedents thereto, basic responsibility as a thinking citizen indicates
urgent need to hit a pause button on a quarter trillion dollar tax-grab for 15th century rail technology
to implement a 17th century transit model—at least until our state is no longer trampling on a pivotal
constitutional right of every child by failing to make fully ample provision for public schools within
state fiscal constraints in this 21 st century—especially given near certainty that now-fast-accelerating
progress in emerging technologies will shift, greatly and quickly, the modern public transit paradigm
envisioned just over 3 50 years ago by Monsieur Pascal, as a true genius, if not displace it completely.
*V�ill Knedlik,who is secretary af the�ashingtQn State GQad RQads and Transpartaticzn Assaciaticzn and
president of Eastside Rail Now,was chairman Qf the Revenue ResQurces Subcommittee in the state HQuse of
Representatives.He receives email as t4 tax capacity at TruthInTaxation@aal.cam. Views stated are his Qwn.
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