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HomeMy WebLinkAbout17-089.16 Waste Management - Collections Contract AmendmentFIFTH AMENDMENT TO THE FIRST AMENDED AND RESTATED COMPREHENSIVE GARBAGE, RECYCLABLES, AND COMPOSTABLES COLLECTION CONTRACT BETWEEN THE CITY OF SPOKANE VALLEY (the "City") AND WASTE MANAGEMENT OF WASHINGTON, INC. ("the Contractor") (collectively, the "Parties") Spokane Valley Contract #17-089.16 RECITALS WHEREAS, the Parties entered into the First Amended and Restated Comprehensive Garbage, Recyclables, and Compostables Collection Contract with an Effective Date of April 1, 2018, and a termination date of March 31, 2030, as amended on July 23, 2020, November 13, 2024, November 5, 2025, and January 6, 2026 (the "Contract"); and WHEREAS, pursuant to RCW 70A.205.005(8), the following priorities for the collection, handling, and management of solid waste are necessary and should be followed in descending order as applicable: (a) Waste reduction; and (b) Recycling, with source separation of recyclable materials as the preferred method; and WHEREAS, the Contract lists acceptable recyclable material for residential and commercial collection within Attachment C; and WHEREAS, section 3.2.2.1 of the Contract states that as 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 the City; and WHEREAS, in support of waste reduction and recycling, in a letter to the City, dated December 15, 2025, the Contractor requested the City to modify Attachment C of Contract 17-089 to include "To - Go" cups in the list of recyclable materials, specifically paper beverage cups ("Paper To -Go Cups") and polypropylene (#5) plastic cups ("Plastic To -Go Cups"); and WHEREAS, the Contractor has stated that this change will not increase costs for customers; and WHEREAS, the Parties desire to amend Attachment C of Contract 17-089 to include these "To - Go" cups; and WHEREAS, this change went into effect February 1, 2026. AGREEMENT NOW THEREFORE, for good and valuable consideration, the legal sufficiency of which is hereby acknowledged, the City and the Contractor mutually agree as follows: 1. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Contract and any amendments thereto which are not specifically modified by this Spokane Valley Contract #17-089.16 Amendment. 2. Amendment Provisions: The Contract is subject to the following amended provisions. All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Contract, including any previous amendments thereto. (a) Attachment C — Recyclables List. Attachment C — Recyclable List, attached hereto as Exhibit A, is hereby updated to include Paper To -Go Cups and Plastic To -Go Cups, effective February 1, 2026. (b) Counterparts; Signatures. This Amendment may be signed by counterparts, each of which shall be deemed original, but all of which shall constitute one and the same agreement. Signatures transmitted electronically shall be deemed valid execution of this Amendment and binding on the Parties. (c) Cost Impacts. The addition of Paper To -Go Cups and Plastic To -Go Cups to the Recyclable List shall not result in an increase in rates set forth in Attachment B. Signatures on the following page. Spokane Valley Contract #17-089.16 IN WITNESS WHEREOF, the Parties have executed this Amendment to the Contract this 7� day of April 2026. Each person signing this Amendment represents and warrants that he or she has been duly authorized to enter into this Amendment by the Party on whose behalf it is indicated that the person is signing. CITY OF SPOKANE VALLEY: CONTRACTOR: By:y By: ohn Hohman son S. Rose, President City Manager aste Management of Washington, Inc. Its: President ATTEST: By: Marci Patterson, City Clerk APPROVED AS TO FORM: By: Offi of the ity Attorney Spokane Valley Contract #17-089.16 EXHIBIT A Attachment C - Recyclables Lists Effective as of February 1, 2026 Recyclables shall be loose (not bagged), empty, clean, and dry. MATERIAL TYPE DESCRIPTION PREPARATION INSTRUCTIONS EXCLUSIONS • Food or beverage containers Remove lids; empty of all • Leaded glass - brown, clear, or green - food or liquids. Labels do • light bulbs empty not need to be removed. • porcelain • auto glass • windows GLASS • mirrors • baking dishes • storage dishes • ceramic • plates • glassware • storage/canning jars • Office paper Remove plastic bags • Shredded paper • printer/copy paper (exterior or interior), • paper envelopes with bubble • construction paper plastic packaging, metal, wrap liners • Newspaper and paper electronics, magnets, • insulation liners or envelopes inserts twine, straws, lids and any made from plastic (Tyvek) • Magazines and paper inserts food or liquids. Must be • laminated paper • Catalogs dry. Plastic windows in • stickers • Cardboard paper envelopes, okay. • labels • Telephone books • photos • Mail and paper inserts • carbon paper • Envelopes • paper affixed to magnets PAPER • Paper bags • pet food bags • Cereal, cookie and cracker • mixed material bags boxes • wet or soiled paper • Detergent boxes • paper with large amounts of • Paper towel tubes paint or glue • Toilet paper tubes • Frozen food boxes • Tissue boxes • Juice boxes • Non -foil wrapping paper • Milk, juice and ice cream • Kraft paper bags or Boxes cartons • Paper To -Go Cups • Aseptic containers - e.g. soup, broth, soy milk, almond milk. Spokane Valley Contract #17-089.16 Cal\.7 7 .l 17 METAL PLASTIC • Cardboard boxes • Cardboard packaging • Cardboard beverage 'flats' or nursery 'flats' • Tin, aluminum and steel food or beverage containers • Empty aerosol cans • Scrap metal (limit: Needs to fit in cart, approx.2'x2'x2', 35 lbs.) • Food and beverage containers • PET/PETE bottles (soda/water bottles) • HDPE bottles/jugs (milk jugs; detergent bottles) • Dairy tubs, e.g. butter, yogurt, cottage cheese • 5-gallon buckets • Plastic To -Go Cups (S # 5 polypLo ylene fast food style, coffee cups) Flatten all cardboard, cut down to size to fit in cart with lid closed. Remove all interior packaging, block foam, packing peanuts and exterior plastic wrap. Do not bundle with tape or twine. External tape okay. Oversized cardboard can be flattened and placed next to cart. Must be dry. Remove all exterior packaging; remove lids; empty of all food or liquids. Labels do not need to be removed. Plastic bottles with plastic screw -on lids are okay if lids are screwed back on, remove all other lids; remove straws; empty of all food, liquids or other debris. Labels do not need to be removed. Waxed cardboard, fiber containing, or that has been in contact with food debris. • Aluminum foil and trays • sharp or greasy metal batteries • microwaves hangers • electrical cords • cell phones • car snow chains • Metal appliances • Plastic bags • plastic film • plastic bottles that contained HHW listed materials • deli, bakery and produce clamshell containers • loose lids - any size • plant trays • PVC • large rigid plastic (outdoor furniture • laundry baskets • swimming pools,toys, etc.) • hoses • landscaping/sprinkler tubing • foam packaging (block, peanuts, etc.) and foam cups and plates • loose lids • coat hangers. Although not an exhaustive list, for education purposes, examples of other exclusions or items that should not be placed in the Curbside Recycling Carts are: Any recyclable materials, or pieces of recyclable materials less than 2" in size in any dimension. Materials: (a) that contain chemical or other properties deleterious, or capable of causing material damage, to any part of Contractor's property, its personnel or the public; and/or (b) that may materially impair the strength or the durability of the Contractor's structures or equipment. Spokane Valley Contract #17-089.16 / I ® A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 / 1 /2027 12/ 11 /2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC CONTACT NAME: DBA as Lockton Insurance Brokers, LLC in CA PHONE FAX CA license #OF15767 A/C No. Ext : A/C No): E-MAIL 3657 Briarpark Dr., Ste. 700 ADDRESS: Houston TX 77042 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Indemnity Insurance Co of North America 43575 (866) 260-3538 TXCIientsrvUTAloekton.eom INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATE 1300299 INSURER B: ACE American Insurance Company 22667 RELATED & SUBSIDIARY COMPANIES INCLUDING: INSURER C : ACE Fire Underwriters Insurance Company 20702 INSURER D : ACE Property and Casualty Insurance Company 20699 WASTE MANAGEMENT OF WASHINGTON, INC. 720 FOURTH AVENUE, SUITE 400 KIRKLAND WA 98033 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 14778715 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxI OCCUR Y Y HDO G48959064 1/1/2026 1/1/2027 EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTED PREMISES Ea occu rence $ 5,000,000 X MED EXP (Any one person) $ XXXXXXX XCU INCLUDED X ISO FORM CG00010413 PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 POLICY II JECT Fx_1 LOC PRODUCTS - COMP/OP AGG $ 6,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y MMTH11435154 1/l/2026 1/1/2027 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ XXXXXXX X ANY AUTO OWNED ONLY SCHEDULED AUTOSAUTOS IAUTOS BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE Per accident $ XXXXXXX HIRED NON -OWNED ONLY AUTOS ONLY $ XXXXXXX X MCS-90 1 D X UMBRELLA LIAB X OCCUR Y Y XEU G27929242 011 I/l/2026 I/I/2027 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ XXXXxXX A B C B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? a (Mandatory in NH) N/A Y WLR C72631857 (AOS) WLR C7263181 A (AZ,CA & MA SCF C72631894 (WI) WCUC72631778 (OH, WA) I/1/2026 1/1/2026 1/l/2026 1/l/2026 1/l/2027 1/1/2027 I/l/2027 1/l/2027 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 3,000,000 E.L. DISEASE - EA EMPLOYEE $ 3000000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ 3.000.000 B EXCESSAUTO Y Y XSAH11435282 1/l/2026 1/l/2027 COMBINED SINGLE LIMIT LIABILITY $9,000,000 (EACH ACCIDENT) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED ON ALL POLICIES (EXCEPT FOR WORKERS' COMP/EMPLOYER'S LIABILITY) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. I.CM I Ir'II.A 1 C r1IJLUCR t.AI1J1..CLL1A l 1UN 14778715 CITY OF SPOKANE VALLEY 11707 EAST SPRAGUE AVENUE, SUITE 106 SPOKANE VALLEY WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD