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HomeMy WebLinkAboutITEM IV-E CITY OF,-..- Finance Department Interoffice Memorandum WASHINGTON To: Auburn City Council From: Shelley Coleman, Finance Director CC: Pete Lewis, Mayor Date: February 7, 2011 Re: Key Points for Contract Extension The following are key reasons why a contract extension would be best at this time.. • Extending the existing contract to 12/31/2017 will allow the City to do a request for proposals (RFP) for services in 2018 that will encompass the entire City. The City has annexation areas that cannot be included in the City's service area until 2018 due to franchise agreements. • The extended contract would provide for benefits under the existing rate structure. The contract extension includes the following services that the City does not currently enjoy under the existing contract: o New compressed natural gas (CNG) fleet by early 2012 o Public CNG fueling station in 2012 o New wheeled garbage carts for all 20 gallon and 32 gallon customers o Recycling drop-off site for Auburn customers o Improved outreach programs o Individual recycling carts for each residence in mobile home parks o Weekly yard waste collection year-round Page 1 of 1 AUBURN* MORL• THAN YOU IMAGINED City of Auburn Solid Waste Contract Comparison The City of Auburn's "Comprehensive Garbage, Recyclables and Yard Debris Collection Contract" with Waste Management of Washington, Inc. expires December 31, 2012. City staff have been meeting with Waste Management staff to negotiate a contract extension. The current contract was drafted almost ten years ago, so the new agreement was drafted from a more recent template. The table below describes significant changes, added services, and program improvements. Contract Term: October 1, 2011 to December 31, 2017 Section Title Page Current Contract Contract Extension 1 Term of 6 City must notify Contractor 18 City must notify Contractor 90 days Contract months prior to the expiration prior to the expiration of the Contract of the Contract term to exercise term to exercise extension option. extension option. 2.1.1 City Service 6 NA Contractor areas annexed into the Area City before the start of the Contract will be included in the City Service Area (i.e. area of West Hill currently billed by Waste Management) 2.1.4 Hours/Days of 8 Residential and Multi-Family Residential and Multi-Family Operation collection between hours of collection between hours of 7:00 a.m. 6:00 a.m. and 5:00 p.m. and 6:00 p.m. 2.1.8 Inclement 10 NA If Residential customers are not Weather and collected multiple weeks due to Other Service inclement weather, Contractor will Disruptions provide temporary collection sites. 2.1.12 Requirement to 12 NA Added percentage values of Recycle and allowable residuals and Compost contamination of recyclables. Also included option for City staff to monitor Contractor's processing facilities. 2.1.13 Routing, 13 Contractor required to give City Contractor required to give City 45 Notification and 30 days notice prior to days notice prior to collection day Approval collection day change. change. 2.1.14 Equipment 13 NA Contractor will replace fleet with Age/Condition new compressed natural gas (CNG)- fueled vehicles and will build a fast fill CNG fueling station in Auburn. 1 I Section Title Page Current Contract Contract Extension 2.1.15.1 Micro-cans and 15 Micro-cans (10 gal), Mini-cans Micro-cans (10 gal) only. Customer- Garbage Cans (20 gal), and Customer-owned owned cans allowed for Extra Units cans (32 gal). of garbage but not as a primary container. 2.1.15.2 Garbage, 15 35-, 64-, and 96-gallon Garbage 20-,35-, 64-, and 96-gallon Garbage Recyclables and Carts. Carts. Compostables Carts 2.1.15.5 Container 19 Detachable Containers are all All Detachable Containers used for Colors and green. Multi-Family and Commercial Labeling Recycling shall be blue by 12/31/2011. 2.1.19 Contractor 21 No timeframe for Contractor Contractor Planning Assistance shall Planning Planning Assistance. be provided within two working Assistance days. 2.1.22 Transition and 22 NA Contractor will provide promotional Implementation materials to all Customers, visit all of Contract Multi-Family and Commercial Customers, and re-label existing recycling containers as part of Contract Implementation. 2.1.23 Ongoing 24 NA Section added. Coordination with City and Performance Review 2.2.1.3 Specific 27 NA All Extra Units from Customers shall Collection be documented with a date-stamped Requirements photograph. 2.2.2.2 Containers 29 Default Recycling Cart size of Default Recycling Cart size of 64- (Recycling) 64-gallons, with 96-gallon gallons, with 35- and 96-gallon sizes available upon request. available upon request. 2.2.3.1 Subject 31 Yard Debris collected weekly, Compostables collected weekly year- Materials April through November, and round. (Compostables every-other-week, December Collection) through March. 2.2.3.2 Containers 31 96-gallon Yard Debris Carts. Default Compostables Cart size of (Compostables) 96-gallons, with 35- and 64-gallon sizes available upon request. 2.2.3.2 Containers 31 No re-start fee. Redelivery fee for customers that (Compostables) cancel and then restart Compostables Cart collection service within seven months of cancellation. 2 Section Title Page Current Contract Contract Extension 2.2.6.2 Containers 35 Individual Recycle Carts not Recycling Carts delivered to each (Multi-Family delivered to each unit at unit at duplexes, triplexes, and Recycling) duplexes, triplexes, and fourplexes regardless of how the fourplexes unless they have complex is billed. individual billing. 2.2.6.2 Containers 35 No individual Recycle Carts at Mobile home parks can have a (Multi-Family mobile home parks. Recycling Cart at each individual Recycling) residence. 2.2.7 Recycling Drop- 37 NA Contractor will provide a drop-off off Site Rec clables depot in Auburn. 2.2.13 Municipal 44 City pays disposal costs for The collection and disposal of the Services permanent Drop-Box permanent Drop-Box Containers at Containers at City of Auburn City of Auburn Maintenance Facility Maintenance Facility. is included, without charge. 2.3.1.1 Contractor's 47 NA Contractor will notify the City of Responsibilities intended changes in management 60 days prior to change. 2.3.2.1 Office Location 48 Contractor shall maintain a Contractor shall maintain a Customer Customer Service Office within Service Office within 20 miles of the 30 miles of the City. City. 2.3.5 Promotion and 55 NA Contractor shall provide Annual Education Service Update for each service sector. 2.3.5 Promotion and 55 NA Contractor shall mail new customer Education information to new Commercial Customers. City shall mail new customer information to new Residential Customers. 3.1 (b) Compensation to 57 Actual load weight and disposal Actual load weight multiplied by the the Contractor cost will be used for Drop-Box tipping fee, then multiplied by a Container services. factor of 1.15 shall be used for Drop- Box Garbage Container services 15% markup). 3.2.1 Annual Rate 59 Adjustments will be based on Adjustments will be based on the Adjustment the twelve-month period ending most recent twelve-month period July 31" of the previous year. ending on August 31 t of that year. Rates will be adjusted annually, Rates shall be adjusted annually, beginning January 1, 2003. beginning January 1, 2013. 3.2.3 Changes in 59 NA Compensation details included Recyclables or should the Algona Transfer Station Compostables become unavailable. Processing Sites and Tipping Fees 3 Section Title Page Current Contract Contract Extension 3.3 Change in Law 60 NA A "continuing Force Majeure event" added. 4.1 Performance 61 NA Some performance fees added or Fees dollar amount increased. 6.2 Access to 67 NA Contractor shall provide copies of Records weight slips within two business days of a request. 6.4.1 Minimum Scope 69 NA Requirement for Contractor's of Insurance Pollution Liability insurance added. 6.4.2 Minimum 69 NA Commercial General Liability Amounts of insurance limits increased to no less Insurance than $5,000,000 each occurrence and $5,000,000 general aggregate. 6.4.2 Minimum 69 NA Contractor's Pollution Liability limit Amounts of of no less than $3,000,000 combined Insurance single limit per occurrence. 6.4.3 Deductibles and 69 NA Section added. Self-Insured Retentions 6.4.5 Acceptability of 70 Best rating of not less than A: Best rating of not less than A: VIII Insurers VII 6.8 Confidentiality 72 NA Section added. of Information 6.12 Non- 74 NA Section added. Discrimination 6.15 Contractor's 75 NA Section added. Relationship with Customers Attachment Service Area NA NA City Service Area will include the A Map portion of the West Hill currently billed by Waste Management, the Southwest Lea Hill Annexation Area, and some Pierce County Annexation Areas. Attachment Contractor Rates NA NA 32 gal can rate is now the 35 gal cart B rate for both Residential and Commercial Customers. Attachment Contractor Rates NA NA Rates added for 35 gal and 64 gal B Com ostables Carts. Attachment Contractor Rates NA NA Rate added for Compostables Cart B Redeliver Fee. Attachment Contractor Rates NA NA Rate added for Compostables Cart B cleaning and deodorizing fee. 4 2/4/11 COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT City of Auburn and Waste Management of Washington, Inc. October 1, 2011- December 31, 2017 COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION CONTRACT TABLE OF CONTENTS RECITALS ................................................................................................................................................................1 DEFINITIONS .........................................................................................................................................................1 1. TERM OF CONTRACT .................................................................................................................................6 2. SCOPE OF WORK ..........................................................................................................................................6 2.1 GENERAL COLLECTION SYSTEM REQUIREMENTS 6 2.1.1 City Service Area .......................................................................................................................................................6 2.1.2 Annexation ..................................................................................................................................................................7 2.1.3 Unimproved Public Streets and Private Roads ...........................................................................................8 2.1.4 Hours/Days of Operation .....................................................................................................................................8 2.1.5 Employee Conduct ...................................................................................................................................................8 2.1.6 Disabled Persons Service .....................................................................................................................................9 2.1.7 Holiday Schedules ...................................................................................................................................................9 2.1.8 Inclement Weather and Other Service Disruptions ...................................................................................9 2.1.9 Suspending Collection from Problem Customers ....................................................................................11 2.1.10 Missed Collections ..........................................................................................................................................11 2.1.11 Same Day Collection ......................................................................................................................................12 2.1.12 Requirement to Recycle and Compost ....................................................................................................12 2.1.13 Routing, Notification and Approval. 13 2.1.14 Equipment Age/Condition ............................................................................................................................13 2.1.15 Container Requirements and Ownership ..............................................................................................14 2.1.15.1 Micro-Cans and Garbage Cans ............................................................................................................................................15 2.1.15.2 Garbage, Recyclables and Compostables Carts .............................................................................................................15 2.1.15.3 Detachable and Drop-Box Containers ...............................................................................................................................16 2.1.15.4 Ownership ..................................................................................................................................................................................18 2.1.15.5 Container Colors and Labeling ............................................................................................................................................18 2.1.15.6 Maximum Filled Container Weights .................................................................................................................................19 2.1.16 Spillage ................................................................................................................................................................19 2.1.17 Pilot Programs .................................................................................................................................................20 2.1.18 Disruption Due to Construction ................................................................................................................21 2.1.19 Contractor Planning Assistance ...............................................................................................................21 2.1.20 Safeguarding Public and Private Facilities .........................................................................................21 2.1.21 Company Name ................................................................................................................................................21 2.1.22 Transition and Implementation of Contract .........................................................................................22 2.1.23 Ongoing Coordination with City and Performance Review ..........................................................24 2.1.24 Disposal Restrictions and Requirements ...............................................................................................25 2.1.25 Violation of Ordinance ..................................................................................................................................25 2.2 COLLECTION SERVICES ....................................................................................................................................26 2.2.1 Single-Family Residence Garbage Collection ..........................................................................................26 2.2.1.1 Subject Materials 26 2.2.1.2 Collection Containers .............................................................................................................................................................26 2.2.1.3 Specific Collection Requirements ......................................................................................................................................26 2.2.2 Single-Family Residence Recyclables Collection ....................................................................................27 2.2.2.1 Subject Materials ......................................................................................................................................................................28 2.2.2.2 Containers ...................................................................................................................................................................................29 2.2.2.3 Specific Collection Requirements ......................................................................................................................................29 City of Auburn i February 2011 Solid Waste Collection Contract 2.2.3 Compostables Collection ...................................................................................................................................30 2.2.3.1 Subject Materials ......................................................................................................................................................................30 2.2.3.2 Containers ...................................................................................................................................................................................31 2.2.3.3 Specific Collection Requirements ......................................................................................................................................31 2.2.3.4 Food Scraps Collection ..........................................................................................................................................................32 2.2.4 Single Family Bulky Waste Collection .........................................................................................................32 2.2.4.1 Subject Materials 32 2.2.4.2 Specific Collection Requirements ......................................................................................................................................33 2.2.5 Multi-Family Complex and Commercial Customer Garbage Collection ......................................33 2.2.5.1 Subject Materials ......................................................................................................................................................................33 2.2.5.2 Containers ...................................................................................................................................................................................33 2.2.5.3 Specific Collection Requirements 34 2.2.6 Multi-Family Complex Recyclables Collection ........................................................................................34 2.2.6.1 Subject Materials ......................................................................................................................................................................34 2.2.6.2 Containers ...................................................................................................................................................................................35 2.2.6.3 Specific Collection Requirements ......................................................................................................................................35 2.2.6.4 Multi-Family Recycling Outreach and Incentives ........................................................................................................36 2.2.7 Recyclables Drop-off Site ..................................................................................................................................36 2.2.8 Commercial Recycling Collection .................................................................................................................36 2.2.8.1 Subject Materials 37 2.2.8.2 Containers ...................................................................................................................................................................................37 2.2.8.3 Specific Collection Requirements ......................................................................................................................................38 2.2.9 Multi-Family Complex and Commercial Customer Compostables Collection ...........................38 2.2.9.1 Subject Materials 38 2.2.9.2 Containers ...................................................................................................................................................................................39 2.2.9.3 Specific Collection Requirements ......................................................................................................................................39 2.2.10 Drop-Box Container Garbage Collection .............................................................................................40 2.2.10.1 Subject Materials ......................................................................................................................................................................40 2.2.10.2 Containers ...................................................................................................................................................................................40 2.2.10.3 Specific Collection Requirements ......................................................................................................................................40 2.2.11 Service to the Boeing Company: 41 2.2.12 Temporary Container Customers .............................................................................................................42 2.2.13 Municipal Services ..........................................................................................................................................42 2.2.14 City-Sponsored Community Events ..........................................................................................................43 2.3 MANAGEMENT .....................................................................................................................................................44 2.3.1 Responsibility of Participants ..........................................................................................................................44 2.3.1.1 Contractor's Responsibilities ...............................................................................................................................................44 2.3.1.2 City's Responsibilities ............................................................................................................................................................46 2.3.2 Customer Service and Billing ..........................................................................................................................47 2.3.2.1 Office Location .........................................................................................................................................................................48 2.3.2.2 Customer Service Requirements .........................................................................................................................................48 2.3.3 Contractor's Billing Responsibilities ...........................................................................................................51 2.3.4 Reporting ..................................................................................................................................................................52 2.3.4.1 Monthly Reports .......................................................................................................................................................................52 2.3.4.2 Annual Reports .........................................................................................................................................................................53 2.3.4.3 Ad Hoc Reports ........................................................................................................................................................................54 2.3.5 Promotion and Education .................................................................................................................................54 2.3.6 Field Monitoring ...................................................................................................................................................56 2.3.7 Transition to Next Contractor .........................................................................................................................56 3. COMPENSATION 56 3.1 COMPENSATION TO THE CONTRACTOR .......................................................................................................56 3.2 COMPENSATION ADJUSTMENTS .....................................................................................................................58 3.2.1 Annual Rate Adjustment .....................................................................................................................................58 3.2.2 Disposal Fee Adjustments .................................................................................................................................58 City of Auburn ii February 2011 Solid Waste Collection Contract 3.2.3 Changes in Recyclables or Compostables Processing Sites an d TippingSFees..................... 58 3.2.4 Other Modifications 59 3.3 . CHANGE,IN.LAW c 4 FAILURE TO PERFORM, REMEDIES,.TERMINATION 4.1 , PERFORMANCE FEES... 60 • 4.2.. ....CONTRACT DEFAULT :..........!..::...............63 E`4:3 AVAILABILITY"OF COLLECTION VEHICLES .................:a 64 5., NOTICES 6. GENERA'L'TERMS - 65 6.1. COLLECTION'RIGHT 'r? 6$ 6 2 ACCESS TO RECORDS . 'i ti'i ' ' 6.3.... . ".CONTRACTOR TO MAKEEXAMINATIONS ............:..............:...:...::..........66. 6.4. :INSURANCE . .......67 _-6:4: 1.. Minimum°Scope°oflnsurance 67 6:4.2 -Minimum Amounts oflnsurance..........::..:......: . 68 x ` 6:4:3 'Deductibles and Self-Insured Retentions.:..... } 68 6 4.4......Oth'er "Insurance' Provisions 69 6.4.5 Acceptability oflnsurers 69 6. 4.6 Verification of Coverage 69 64.7 Subcontractors 69 .6.4.8 ACORD Form 70 6.5° PERFORMANCE BOND;;.; 70 6.6 6.6.7 'Indemnify and'Hold "Harmless ' ! ' :.............70 66.2 Notice to Contractor Defense ..........71 663 Industrial Insurance Immunity Waiver 71 . , - s6.7 PAYMENT OF CLAIMS CONFIDENTIALITY OF INFORMATION . NTRACT ........................t...... . , 72 ASSIGNMENT OF CONTRACT . 69.1 Assignment or Pledge of Moneys, by the Contractor r " „ „ : 72 9.2 Assignment, Subcontracting, Delegation of Duties,.and`Change. rn Control.:.......:..........::......... 72 6.10 LAWS TO GOVERNNENUE................................................................................... 6,.1.1_ ....COMPLIANCEWITH•LAW .......73 '6:12 ...NON-DISCRIMINATION.....:..................:....................:................... 73 6.13 PERMITS AND . . , 6.14_ 'RELATIONSHIP'OF`PARTIES.::............................ . ,6.15' CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS . 74 6.1.6.... 'BANKRUPTCY.........:................................................................................... . .s.: . .5' 75 # 6 17 RIGHT TO RENEGOTIATE/AMENDMENT 75 6.18.... FORCE MAJEURE - ............75 ,`•:6.19 ILLEGAL PROVISIONS/SEVERABILITY 76 ;6.20.. _.,WAIVER c::::.........................76 06.21 ENTIRETY ::.........i:.t.. ......76 Attachment A: Serv iceArea 1VIap~ `Attachment B: Contractor Initial Rates, Attachment C: Rate Modification Example City_of.Auburn February.2011, . Solid Waste Collection Contract This solid waste collection contract is entered into by and between the City of Auburn, a municipal corporation of the State of Washington ("City"), and Waste Management of Washington, Inc., a Washington corporation ("Contractor") to provide for collection of Garbage, Compostables, and Recyclables from Single-Family Residences, Multi-Family Complexes and Commercial Customers located within the City Service Area. (Each capitalized term is hereinafter defined.) The parties, in consideration of the promises, representations and warranties contained herein, agree as follows: RECITALS WHEREAS, the Contractor represents that it has the experience, resources and expertise necessary to perform the contract services; and WHEREAS, the Contractor currently provides solid waste service under contract with the City which will expire December 31, 2012; and WHEREAS, the City and Contractor have negotiated this new agreement with enhanced services to replace and supersede the previous contract prior to the previous contract's termination; and WHEREAS, the City desires to enter into this contract with the Contractor for the Garbage, Recyclables and Compostables collection services; NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein contained, the City and Contractor do hereby agree as follows: DEFINITIONS Call Center Definitions: ASA (average speed to answer): The average amount of time a Customer is on "hold" before a customer service representative (CSR) has answered the call, resulting in the ASA score. ABA % (call abandon rate): The percentage of Customers who abandon the queue (hang up) while waiting for a CSR to answer. In Queue: Where the phone call waits on "hold" before a CSR has answered the call, resulting in the ASA score. On hold: The amount of time a Customer is on hold after the CSR has answered the call. For example, a Customer may be put on hold while a CSR researches information or asks a supervisor to assist with the call. City of Auburn 1 February 2011 Solid Waste Collection Contract Change in Control: Change in Control means any sale, merger, policy of assets, the issuance of new shares, any change in the voting rights of existing shareholders,, or other change in ownership which transfers the 25% or more of the beneficial interest therein from one entity to another. Provided, however, that intracompany 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 this contract shall not constitute a change in control. City: The word "City" means the City of Auburn, King and Pierce County, Washington. As used in the Contract, it includes the official of the City holding the office of the Mayor or her/his designated representative, such as the City's Finance Director. City Service Area: The initial City Service Area shall be the corporate limits of the City as of October 1, 2011, excluding certain areas under transition franchise with other contractors. The initial City Service Area is delineated on the map provided as Attachment A to this Contract. Commercial Customer: The term "Commercial Customer" means non-residential Customers including businesses, institutions, governmental agencies and all other users of commercial-type Garbage collection services. Compostables: The word "Compostables" means Yard Debris, Shredded Compostable Mixed Paper, and Food Scraps separately or combined. Compostables Cart: The term "Compostables Cart" means a Contractor-provided 35-, 64- or 96-gallon wheeled cart provided to Compostables collection Customers for the purpose of containing and collecting Compostables. Container: The word "Container" means any Micro-Can, Cart, Detachable Container or Drop- Box Container owned and provided by the Contractor. Contractor: The word "Contractor" means Waste Management of Washington, Inc., which has contracted with the City to collect and dispose of Garbage and to collect, process, market and transport Recyclables and Compostables. Curb or Curbside: The words "Curb" or "Curbside" mean on the homeowners' property, within five (5) feet of the Public Street or Private Road without blocking sidewalks, driveways or on-street parking. If extraordinary circumstances preclude such a location, Curbside shall be considered a placement suitable to the resident, convenient to the Contractor's equipment, and mutually agreed to by the City and Contractor. Customer means all users of solid waste services. Detachable Container: The term "Detachable Container" means a watertight metal or plastic Container equipped with a tight-fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than one (1) cubic yard or greater than eight (8) cubic yards in capacity. City of Auburn 2 February 2011 Solid Waste Collection Contract Drop-Box Container: The term "Drop-Box Container" means an all-metal Container with twenty (20) cubic yards or more capacity that is loaded onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and transported back to the Customer's site. Extra Unit: The term "Extra Unit" means excess material which does not fit in the Customer's primary Container. In the case of Garbage Containers under one cubic yard in capacity and Residential Compostables collection, an Extra Unit is 32-gallons, and may be contained in either a plastic bag or Garbage Can. In the case of Containers one cubic yard or more in capacity, an Extra Unit is one cubic yard. Food Scraps: The term "Food Scraps" mean all Compostable pre- and post-consumer organic wastes placed in a Compostables Cart, 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 or biodegradable products specifically accepted by the Contractor's selected composting site. Food Scraps shall not include dead animals weighing more than 15 pounds, plastics, diapers, cat litter, liquid wastes, 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 approval of the City to reflect those materials allowed by the Seattle-King County Health Department for the frequency of collection provided by the Contractor. Garbage: The word "Garbage" means all putrescible and nonputrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, and discarded commodities that are placed by Customers of the Contractor in appropriate bins, bags, cans or other receptacles for collection and disposal by the Contractor. The term Garbage shall not include Hazardous Wastes, Special Wastes, Source-Separated Recyclables or Compostables. Garbage Can: The term "Garbage Can" means a City-approved Container that is a water-tight galvanized sheet-metal or sturdy 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. Garbage Cart: The term "Garbage Cart" means a Contractor-provided 20-, 35-, 64- or 96- gallon wheeled cart suitable for household deposit, storage and Curbside placement and collection of Garbage. Garbage Carts shall be rodent and insect proof and kept in sanitary condition at all times. Hazardous Waste: The term "Hazardous Waste" means any substance that is: A. Defined as hazardous by 40 C.F.R. Part 261 and regulated as Hazardous Waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing City of Auburn 3 February 2011 Solid Waste Collection Contract special handling or disposal requirements similar to those required by Subtitle C of RCRA. B. Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely Hazardous Waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW. King County Disposal System: The term "King County Disposal System" means the real property owned, leased or controlled by the King County Solid Waste Division, King County, Washington for the disposal of Garbage, or such other site as may be authorized by the then current King County Comprehensive Solid Waste Management Plan. Micro-Can: The term "Micro-Can" means a water-tight plastic Container not exceeding ten gallons in capacity; fitted with two sturdy handles, one on each side; and fitted with a tight cover. Mixed Paper: The term "Mixed Paper" means magazines, junk mail, phone books, bond or ledger grade paper, cardboard, paperboard packaging and other fiber-based materials meeting industry standards. Tissue paper, paper towels, food-contaminated paper or paper packaging combined with plastic, wax or foil are excluded from the definition of Mixed Paper. Mixed-Use Building: The term "Mixed-Use Building" means a structure inhabited by both Residential and Commercial Customers. Multi-Family Complex: The term "Multi-Family Complex" means a multiple-unit Residence with three or more attached or unattached dwellings, as designated by City billing policies. Mobile home parks billed collectively for collection service are considered Multi-Family Complexes. Private Road: The term "Private Road" means a privately owned and maintained way that allows for access by a service truck and that serves multiple Residences. Public Street: The term "Public Street" means a public right-of-way used for public travel, including public alleys. Recyclables: The word "Recyclables" means aluminum cans; corrugated cardboard; glass Containers; Mixed Paper; motor oil, newspaper; recyclable plastic Containers that have contained non-hazardous products; polycoated or aseptic cartons; Scrap Metals and tin cans. Recycling: The word "Recycling" means pertaining to the preparation, collection, processing and marketing of Recyclables. City of Auburn 4 February 2011 Solid Waste Collection Contract Recycling Cart: The term "Recycling Cart" means a Contractor-provided 35-, 64- or 96-gallon wheeled cart suitable for household collection, storage and Curbside placement of Source- Separated Recyclables. Recycling Container: The term "Recycling Container" means a Contractor-provided Container suitable for on-site collection, storage and placement of Source-Separated Recyclables at Multi- Family Complexes and Commercial Customer locations. Residence/Residential: The words "Residence" or "Residential" mean a living space, with a kitchen, individually rented, leased or owned. Scrap Metals: The term "Scrap Metals" means ferrous and non-ferrous metals, not to exceed two (2) feet in any direction and thirty-five (35) pounds in weight per piece. Single-Family Residence: The term "Single-Family Residence" means all one-unit houses, duplexes and mobile homes that are billed for collection service individually and located on a Public Street or Private Road. Source-Separated: The term "Source-Separated" means certain reclaimable materials that are separated from Garbage by the generator for recycling or reuse, including, but not limited to Recyclables, Compostables and other materials. Special Waste: The term "Special Waste" means 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. Yard Debris: The term "Yard Debris" means leaves, grass and clippings of woody, as well as fleshy, plants. Unflocked, undecorated holiday trees are acceptable. Materials larger than four (4) inches in diameter or four (4) feet in length are excluded. Bundles of Yard Debris up to two feet by two feet by four feet (2'x2'x4') in dimension shall be allowed and shall be secured by degradable string or twine, not nylon or other synthetic materials. Kraft paper bags and untied reusable plastic-mesh bags may also be used to contain extra Yard Debris. WUTC: Washington Utilities and Transportation Commission City of Auburn 5 February 2011 Solid Waste Collection Contract COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT This agreement (hereafter, "Contract") is made and entered into this day of 2011, by and between the City of Auburn, a municipal corporation (hereafter, "City"), and Waste Management of Washington, Inc, a Washington corporation (hereafter, "Contractor"). 1. TERM OF CONTRACT The term of this Contract is six years and three months, starting October 1, 2011, and expiring December 31, 2017. The City may, at its sole option, extend the agreement for up to two (2) extensions, each of which shall not exceed two (2) years in duration. Any such extension shall be under the terms and conditions of this Contract, as amended by the City and Contractor from time to time. To exercise its option to extend this Contract, notice shall be given by the City to the Contractor no less than ninety (90) days prior to the expiration of the Contract term or the expiration of a previous extension. In the event that additional areas are annexed into the City on or before the termination of this Contract, those annexation areas shall continue to be serviced under the terms of this Contract for a seven (7) year period, starting on the date of annexation, in accordance with Section 2.1.2 of this Contract. 2. SCOPE OF WORK 2.1 General Collection System Requirements The Contractor shall collect, take title to and dispose of Garbage, Recyclables and Compostables according to the terms and conditions of this agreement; provided, that the Contractor shall not knowingly or as a result of gross negligence collect or dispose of Hazardous Waste or Special Waste as those terms are defined herein. The Contractor shall indemnify the City for any City damages caused by violation of this Section. To the extent identifiable, Customers shall remain responsible for any Hazardous Waste or Special Waste inadvertently collected and identified by the Contractor. 2.1.1 City Service Area The Contractor shall provide all services pursuant to this Contract throughout the entire City Service Area. The Contractor agrees to service all Contractor areas annexed into the City on or before October 1, 2011 as part of the initial City Service Area, and this Contract shall supersede and cancel any previous agreements by and between the City and Contractor. City of Auburn 6 February 2011 Solid Waste Collection Contract 2.1.2 Annexation If, during the term of the Contract, additional territory is added to the City 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 make collection in such annexed area in accordance with the provisions of this Contract at the unit prices set forth in this Contract. The City acknowledges that equipment, such as trucks, carts and Containers, may take time to procure, and therefore, shall not penalize the Contractor for reasonable delays in the provision of services to annexed areas due to procurement delays that are not within the control of the Contractor. This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that their certificate applicable to those annexation areas shall be cancelled effective the date of annexation by the City. The Contractor expressly waives and releases its right to claim any damages or compensation from the City, 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 will service any future annexation areas shall be seven (7) years, notwithstanding the term set forth in Section 1 of this Agreement. If, during the life of the Contract, additional territory is added to the City through annexation within which the Contractor does not have an existing WUTC certificate or other franchise for Garbage or other collections, then, upon written notice from the City, 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. The City acknowledges that equipment, such as trucks, carts and Containers, may take time to procure for distribution, and therefore, shall not penalize the Contractor for reasonable delays in the provision of services to annexed areas covered by this paragraph due to procurement delays that are not within the control of the Contractor. If a party other than the Contractor holds the WUTC certificate for any such additional territory added to this Contract by annexation, the City will indemnify, hold harmless and defend the Contractor from any and all claims, actions, suits, liability, loss, costs, expenses and damages, including costs and attorney fees, brought by any entity previously serving the annexed area and arising out of Contractor's assumption of service in annexed territory under this Contract. Annexation area Customers shall receive the same Containers as used elsewhere in the City, in accordance with the provisions of this Contract. In the event where an annexed area is being serviced with Containers City of Auburn 7 February 2011 Solid Waste Collection Contract different from the City's program, the Contractor shall be responsible for removal and recycling of existing Containers and delivery of appropriate Containers to those Customers not later than 30 days after the Contractor's first collection in that area. 2.1.3 Unimproved Public Streets and Private Roads Residences located in an area that does not allow safe access, turn-around or clearance for service vehicles will be provided service if materials are set out adjacent to the nearest Public Street or Private Road that provides safe access. In the event that the Contractor believes that a Private Road cannot be safely negotiated or that providing walk-in service for Single-Family Customers is impractical due to distance or unsafe conditions, the Contractor shall work with the City and Customer to negotiate the nearest safe and mutually convenient pick up location. If the Contractor believes that there is a probability of Private Road damage, the Contractor shall inform the respective Customers. Contractor may require a damage waiver agreement or decline to provide service on those Private Roads. The City shall review and approve the damage waiver form prior to its use with the Contractor's Customers. 2.1.4 Hours/Days of Operation All regular collections in Single-Family Residence, Multi-Family Complex and Mixed-Use Building areas shall be made on Monday through Friday, between the hours of 7:00 a.m. and 6:00 p.m. The City may authorize a temporary extension of hours or days. Saturday collection is allowed to the extent consistent with special bulky waste collections, make-up collections, and holiday and inclement weather schedules. Commercial pickups may take place at any time deemed appropriate by Contractor and Customer, provided that collections from Customers near areas zoned Residential shall be made only between the hours of 7:00 a.m. and 6:00 p.m. Exemptions may be granted in writing by the City to accommodate the special needs of Customers. City code noise restrictions, as amended from time to time, shall be applicable to collection services provided under this contract. 2.1.5 Employee Conduct The Contractor's employees collecting Garbage, Recyclables and 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 City of Auburn 8 February 2011 Solid Waste Collection Contract property. If on private property, employees shall follow the regular pedestrian walkways and paths, returning to the street after replacing empty Containers. Employees shall not trespass or loiter, cross flower beds, 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, employees shall wear a professional and presentable uniform with an identifying badge with photo and company emblem visible to the average observer. If any person employed by the Contractor to perform collection services is, in the opinion of the City, incompetent, disorderly or otherwise unsatisfactory, the City 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 investigate any written complaint from the City regarding any unsatisfactory performance by any of its workers. If the offending conduct is repeated, the City may require that the person be removed from all performance of additional work under this Contract. Removal shall be addressed by the Contractor immediately, and related documentation shall be provided to the City. 2.1.6 Disabled Persons Service The Contractor shall offer carry-out service for Garbage, Recyclables and Compostables at no additional charge to up to one hundred Single Family Residences which meet City-defined service qualification criteria for individuals with disabilities and are authorized by the City for free carry- out service. If the City authorizes this service to more than one hundred Single Family Residences, the City shall pay the Contractor the regular carry-out surcharge specified in Attachment B for the number of residences in excess of the initial one hundred provided service under this provision. 2.1.7 Holiday Schedules The Contractor shall observe the same holiday schedule as do King County Transfer Stations (New Years Day, Thanksgiving Day, and Christmas Day). When the day of regular collection is a King County Transfer Station holiday, the Contractor may reschedule the remainder of the week of regular collection to the next succeeding workday, which shall include Saturdays. The Contractor may not collect Residential Garbage, Recyclables or Compostables earlier than the regular collection day due to a holiday. Commercial collections may be made one day early only with the consent of the Commercial Customer. 2.1.8 Inclement Weather and Other Service Disruptions City of Auburn 9 February 2011 Solid Waste Collection Contract When weather conditions are such that continued operation would result in danger to the Contractor's staff, area residents or property, the Contractor shall collect only in areas that do not pose a danger. The Contractor shall notify the City of its collection plans and outcomes for each day that severe inclement. weather is experienced as soon as practical that same business day. The Contractor shall collect Garbage, Recyclables and Compostables from Customers with interrupted service on the first day that regular service to a Customer resumes and shall collect reasonable accumulated volumes of materials equal to what would have been collected on the missed collection day(s) from Customers at no extra charge. Following notification to the City, the Contractor will be provided temporary authorization to perform collection services after 6:00 pm and/or on Saturdays following disruptions due to weather in order to finish collection routes. If multiple days are missed due to inclement weather in multiple weeks, collections shall be made on the next regularly scheduled collection day. In the event of successive service disruptions impacting entire neighborhoods, Contractor may provide temporary Residential Garbage collection sites using driver-staffed Drop-Box Containers or other suitable equipment, with no extra charge assessed for such temporary service. The inclement weather/disruption in service requirements in the preceding paragraph may be changed upon mutual written agreement of the Contractor and City at any time during the term of this Contract to better serve Customers. Weather policies shall be included in program information provided to Customers. On each inclement weather day, the Contractor shall release notices to the local newspapers and radio stations (including the Seattle Times and KING AM, KIRO, KOMO and KUOW radio stations) and the Contractor's website notifying residents of the modification to the collection schedule. The City may specify additional media outlets for Contractor announcements at its discretion. The Contractor shall also notify The Auburn Reporter newspaper when the duration of an inclement weather event is long enough to warrant notice in that publication. Upon City request and provision of a Customer phone number list that has been updated not less than 30 days ago, the Contractor shall use automated dialing services to inform Customers at the route level about service changes. Customers shall be provided the option of opting out of automated calls. When closure of roadways providing access or other non-weather related events beyond the Contractor's control prevent timely collection on the scheduled day, the Contractor shall make collections on the first day that City of Auburn 10 February 2011 Solid Waste Collection Contract regular service to a Customer resumes, collect reasonable accumulated volumes of materials equal to what would have been collected on the missed collection day(s) from Customers at no extra charge. Following notification to the City, the Contractor will be provided temporary authorization to perform collection services after 6:00 p.m. following such disruptions in order to finish collection routes. Delayed or interrupted collections as described in this Section are not considered service failures for purposes of Section 4.1. 2.1.9 Suspending Collection from Problem Customers The City and Contractor acknowledge that, from time to time, 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-owned Containers, repeated refusal to position Garbage, Recycling and Compostables Carts properly, repeated suspect claims of timely set-out followed by demands for return collection at no charge, repeated 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 if reasonable efforts to accommodate the Customer and to provide services fail. In this case, the Contractor shall provide advance written notification to the City of its intention to discontinue service. The City may, at its discretion, intervene in the dispute. In this event, the decision of the City shall be final. The City may also require the denial or discontinuance of service to any Customer who is abusing the service or is determined to be ineligible. 2.1.10 Missed Collections If Garbage, Recyclables or Compostables Containers are set out inappropriately, improperly prepared or contaminated with unacceptable materials, the Contractor shall place in a prominent location a notification tag that identifies the specific problem(s) and reason(s) for rejecting the materials for collection. Failure to provide proper notification to Customers of the reason for rejecting materials for collection shall be considered a missed collection and/or 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 shall be considered a missed pick-up, and the Contractor shall collect the materials from the Customer the following day by noon when notified by 4:00 p.m. Monday through Friday. The Contractor shall maintain an electronic record (in a Microsoft Excel or equivalent electronic file) of all City of Auburn 11 February 2011 Solid Waste Collection Contract missed collections (whether reported by telephone call or e-mail) and Contractor shall routinely note and provide corrective action to those Customers who experience repeated missed collections. Such records shall be made available for inspection upon request by the City and shall be included with monthly reports unless otherwise directed by the City. In the event that the Contractor fails to collect the missed pick-up by noon the following day from receipt of notice (or on Monday in the event of notification after 4:00 p.m. on Friday), the Contractor shall collect the materials that day and shall be subject to performance fees. If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor, the Contractor shall be permitted to charge the Customer an additional fee for this service (a "return trip fee" at the rate specified in Attachment B), provided the Contractor notifies the Customer of this charge in advance. 2.1.11 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 Multi-Family Complexes and Commercial Customers need not be scheduled on the same day. 2.1.12 Requirement to Recycle and Compost The Contractor shall recycle or compost all loads of Source-Separated Recyclables and Compostables collected, unless express prior written permission is provided by the City. The disposal of contaminants separated during processing is acceptable to the extent that it is unavoidable and consistent with industry standards. The Contractor's residuals from the overall processing operations at the facility (including both City and non-City material) shall not exceed 5%. Recyclables in residual stream shall not exceed 5% of the inbound Recyclables. If more than 5% of inbound materials are found to be contaminants, the Contractor will develop a plan to determine which Customers are adding contaminants in their Recyclables and then provide a public education program to remedy the situation. The Contractor shall process Recyclables in such a manner as to minimize out-throws and prohibitives in baled material. Out-throws shall be less than 8%, prohibitives less than 1%-2% by weight of outgoing materials. The Contractor shall remove 90% or more of the inbound contaminants for disposal. City staff shall be provided access to the Contractor's processing facilities at any time for the purposes of periodically monitoring the facilities' City of Auburn 12 February 2011 Solid Waste Collection Contract performance under this Section, and provided that the City shall comply with all applicable safety protocols and procedures in place at Contractor's facilities. Monitoring may include, but not limited to, taking samples of unprocessed Recyclables, breaking selected bales and measuring the out- throws and prohibitives by weight, taking samples of processed glass and metals, reviewing actual markets and use of processed materials, and other activities to ensure the Contractor's performance under this Section and to ensure that misdirected Recyclables and contamination are minimized. Obvious contaminants included with either Source-Separated Recyclables or Compostables shall not be collected, and shall be left in the Customer's Container with a prominently displayed notification tag (per Section 2. 1.10) explaining the reason for rejection. 2.1.13 Routing, Notification and Approval The Contractor shall indicate, on a detailed map acceptable to the City, the day of the week Garbage, Recyclables and Compostables shall be collected from each Single-Family Residence. The Contractor may change the day of collection by giving notice at least forty-five (45) days prior to the effective date of the proposed change and must obtain advance written approval from the City. On the City's approval, the Contractor shall provide affected Customers with at least fourteen (14) days written notice of pending changes of collection day. The Contractor shall obtain the prior written approval from the City of the notice to be given to the Customer, and such approval shall not be unreasonably withheld. 2.1.14 Equipment Age/Condition The Contractor shall replace its existing fleet with new compressed natural gas-fueled vehicles during 2011 and early 2012, and by March 31, 2012, all collection and support vehicles shall meet model year 2010 or later model year federal emissions standards. The Contractor shall make its fast fill compressed natural gas fueling station available to retail customers no later than June 1, 2012, provided that City zoning approval and other applicable permits can be obtained for such use, and unless the City determines other events beyond the Contractor's reasonable control result in delays in opening such retail station. Back-up vehicles used fewer than thirty (30) operating days per calendar year shall not be subject to the model year and fuel-use standards that apply to regularly-used vehicles, but shall be presentable, 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. City of Auburn 13 February 2011 Solid Waste Collection Contract All vehicles used in the performance of this Contract shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at least once each week and shall be repainted as necessary. 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. All parts and systems of the collection vehicles shall operate properly and be maintained in a condition satisfactory to the City. The Contractor. shall maintain collection vehicles to ensure that no liquid wastes (such as Garbage or Compostables leachate) or oils (lubricating, hydraulic or fuel) are discharged to Customer premises or City streets. Any equipment not meeting these standards shall not be used within the City until repairs are made. The City shall be notified of all spills within two hours of spill occurrence and such spills shall be immediately cleaned to the City's and Customer's satisfaction. Unremediated spills and failure to repair vehicle leaks shall be subject to performance fees as provided in Section 4.1. All collection vehicles shall be labeled with signs on both the front and driver's side door and the rear of the vehicle which clearly indicate the vehicle inventory number. The Contractor's customer service telephone number shall be labeled on the side of the vehicle. No advertising shall be allowed on Contractor vehicles other than the Contractor's name, logo and Customer service telephone number and website address. Special promotional messages may be permitted, upon the City's prior written approval. 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 communication equipment capable of reaching all collection areas. The Contractor shall maintain all vehicles used in Auburn in a manner intended to achieve reduced emissions and particulates, noise levels and fuel use. By December 31, 2012, the Contractor's entire fleet used in Auburn shall meet certification criteria established via the Puget Sound Clean Air Agency Evergreen Fleets Program. 2.1.15 Container Requirements and Ownership The Contractor shall procure and maintain a sufficient quantity of Containers to service the City's Customer base, including seasonal and economic variations in Container demand. Failure to have a Container available when required by a Customer shall subject the Contractor to performance fees, as provided in Section 4.1. City of Auburn 14 February 2011 Solid Waste Collection Contract 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. However, Containers owned or secured by Customers must be capable of being serviced safely by the Contractor's collection vehicles to be eligible for collection. The Contractor shall provide labels and collection service for compatible Customer-owned Containers. The Contractor is not required to service Customer Containers that are not compatible with the Contractor's equipment. In the event of a dispute as to whether a particular Container is compatible, the City shall make a final determination. 2.1.15.1 Micro-Cans and Garbage Cans Single-family Customers shall use a Contractor-supplied Micro-Can or Cart for their initial Garbage Container. Garbage Cans and/or plastic bags may be used for overflow volumes of Garbage, but not as a Customer's primary Container. If a Customer uses their own Garbage Can for occasional "extras," -Contractor crews shall be expected to handle the Container in such a way as to minimize undue damage. The Contractor shall be responsible for unnecessary or unreasonable damage to Customer-owned Containers, wear and tear excepted. 2.1.15.2 Garbage, Recyclables and Compostables Carts The Contractor shall provide Micro-Cans, and 20-, 35-, 64- and 96-gallon Garbage Carts for the respective level of Garbage collection; 35-, 64- or 96-gallon Recyclables Carts; and 35, 64- and 96-gallon Compostables Carts. The Contractor shall provide 35- or 96-gallon Recycling Carts on request to those residents requiring less or additional capacity to that provided by the default 64-gallon Recycling Cart. All Carts shall be manufactured from a minimum of 10 percent (10%) post-consumer recycled plastic, with a lid that will accommodate a Contractor affixed instructional label. Carts shall be provided to requesting Customers within seven (7) days of the Customer's initial request. Failure to do so will result in performance fees as provided in Section 4.1. All wheeled cart manufacturers, styles and colors shall be approved in writing by the City prior to the Contractor ordering a Cart inventory. All Carts must have materials preparation instructions and telephone and website contact information that visually depicts allowed and prohibited materials suitable for City of Auburn 15 February 2011 Solid Waste Collection Contract the designated Cart either screened or printed on a sticker affixed to the lid. All Contractor-owned wheeled carts shall: be maintained by the Contractor in good condition to allow material storage, handling, and collection; contain no jagged edges or holes; be equipped with functional 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 be labeled with 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 or burn). Contractor personnel shall note any damaged hinges, holes, poorly functioning wheels and other similar repair needs on Contractor-owned carts (including those for Garbage, Recycling and Compostables) and forward repair notices 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 accident, act of nature or the elements, fire, or theft or vandalism by other members of the public shall be replaced no later than three (3) business days after notice from the Customer or City. Replacement Carts may be new or used and reconditioned, and all Carts shall be clean and appear presentable when delivered. Unusable carts shall be retrieved by Contractor, 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 solely to that Customer's negligence or intentional misuse, the Contractor shall forward in writing the Customer's name and address to the City. The City shall then attempt to resolve the problem. In the event that the problem continues, the Contractor may discontinue service to that Customer, on the City's prior approval and/or may charge the Customer a City-approved Cart destruction fee no greater than half of the current new Cart replacement cost. 2.1.15.3 Detachable and Drop-Box Containers The Contractor shall furnish, deliver, and properly locate 1-, 1.5-, 2-, 3-, 4-, 6- and 8-cubic yard Detachable Containers, and 20-, 30-, or 40-cubic yard uncompacted Drop-Box Containers to any Customer who requires their use for storage and collection of Garbage within three (3) days of the request. The City of Auburn 16 February 2011 Solid Waste Collection Contract Contractor may, at its discretion, provide additional Container sizes for Recyclables or Compostables service. Containers shall be located on the premises in a manner satisfactory to the Customer and for safe and efficient collection by the Contractor. Containers shall not be placed by Contractor, or kept for use by Customer, in any City Public Street. Any Container located in any City Public Street at any time is at the Contractor's risk and not the City's. Any Container located in City Public Right of Way is in violation of this section, and shall immediately be removed upon request by the City. Detachable Containers shall be: watertight and equipped with tight-fitting metal or plastic covers, which covers shall be closed by Contractor after every service; have four (4) wheels for Containers 3-cubic yards and under; be in good condition for Garbage, Recyclables or Compostables storage and handling; 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 functional winch system that is maintained in good repair. Each type of Detachable Container (i.e. Recyclables, Compostables or Garbage) shall be painted a color consistent with the program it is used for, subject to the requirements of Section 2.1.15.5, with color changes subject to the City's prior written approval. Individual Containers shall be repainted as needed. Detachable Containers shall be cleaned, reconditioned and repainted (if necessary) before being initially supplied, or returned after repair or reconditioning, to any Customer. The Contractor shall provide an on-call Container cleaning service to Customers. The costs of on-call cleaning shall be billed directly to the Customer in accordance with Attachment B. Containers on Customers' premises are at the Contractor's risk and not the City's. The Contractor shall repair or replace within twenty-four (24) hours any Container that was supplied by the Contractor if the City or a Health Department inspector determines that the Container fails to comply with reasonable standards or in any way constitutes or contributes to a health or safety hazard. Customers may elect to own, or self-provide, Containers from other sources, and shall not be subject to discrimination by the Contractor in collection services on that account. However, City of Auburn 17 February 2011 Solid Waste Collection Contract any Containers owned or self-provided by Customers must be compatible with Contractor's collection vehicles. The Contractor is not required to empty or service Customer Containers that present a safety hazard or are not compatible with the Contractor's equipment. In the event that a particular Customer repeatedly damages a Container due to that Customer's negligence or intentional misuse, the Contractor shall forward in writing the Customer's name and address to the City. The City shall then attempt to resolve the problem. In the event that the problem continues, the Contractor may discontinue service to that Customer, on the City's prior approval. 2.1.15.4 Ownership On the termination of this Contract for any reason, all Contractor-supplied Garbage Carts, Recycling Carts and Compostables Carts purchased or obtained by the Contractor in performance of this contract, shall, at the option of the City, revert to City ownership without further compensation to the Contractor. Upon written notice, the City may elect to assign this ownership option to a third party. Detachable Containers and Drop-Box Containers shall be purchased, delivered and maintained by the Contractor during the term of this Contract. On the termination of this Contract for any reason, the City may, at its option, purchase or assign the right to purchase the Contractor's in-place inventory of Detachable Containers or Drop-Box Containers for use by the successive contractor. In the event that Contractor's Containers are purchased or assigned, the sale price shall equal fifty percent (50%) of the average new price for each Container, based on the average price from three (3) manufacturers at the time of the termination. For the purposes of this transaction, the average prices shall include transportation from the manufacturer to the Contractor's closest service yard. 2.1.15.5 Container Colors and Labeling New and replacement Contractor-provided Recycling Carts shall be blue, Compostables Carts shall be grey, and Garbage Carts shall be green. Detachable Containers used for Garbage shall be green and all Detachable Containers used for Recyclables shall be blue starting December 31, 2011, for Multi-Family and Commercial Customers. City of Auburn 18 February 2011 Solid Waste Collection Contract The City may direct changes to cart colors at any time prior to the Contractor ordering initial or replacement carts provided the new direction from the City does not require replacement of existing inventories and the cost per unit does not increase to the Contractor. Specific Container colors shall be approved by the City prior to the Contractor's order of new Containers. All Containers shall be labeled with up-to-date instructional information and contact information prior to delivery, including both a Contractor's customer service phone number and a website address. All label designs shall be approved by the City prior to ordering by the Contractor. The location of the label on the Containers shall be subject to the City's prior approval. Individual container labels shall be replaced by the Contractor at no additional charge when faded, damaged or out-of-date. 2.1.15.6 Maximum Filled Container Weights Micro-cans and 20-gallon Garbage Carts shall not exceed forty (40) pounds and Garbage Cans shall not exceed sixty-five (65) pounds in weight. Cart weights shall not exceed sixty-five (65) pounds for the 35-gallon size, one hundred-twenty (120) pounds for the 64-gallon size and one hundred-eighty (180) pounds for the 96-gallon size. No specific weight restrictions are provided for Detachable Containers, however, the Contractor shall not be required to lift or remove materials from a Detachable Container exceeding the safe working capacity of the collection vehicle. The combined weight of Drop-Box and contents must not cause the collection vehicle to exceed legal road weights. 2.1.16 -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 and tippers on all collection vehicles shall be operated so as to prevent any blowing or spillage of materials. Any blowing or spillage of materials either caused by Contractor or that occurs during collection shall be immediately cleaned up by the Contractor at Contractor's expense. Prior to any collection vehicle leaving a collection route and/or operating on any roads with a speed limit higher than 25 miles per hour, Contractor shall completely close any collection vehicle openings where materials may blow out, and thoroughly inspect- for and contain any collected materials inadvertently spilled on top of the collection vehicle to prevent City of Auburn 19 February 2011 Solid Waste Collection Contract release or littering this material. Spillage shall be reported to the City within two hours of occurrence and spillage not immediately cleaned up shall be cause for performance fees, as described in Section 4.1. All vehicles used in the performance of this Contract shall be required to carry regularly-maintained and fully-functional spill kits. At a minimum, spill kits shall include absorbent pads or granules, containment booms, storm drain covers, sweepers and other similar materials sufficient to contain, control and, for minor events, appropriately clean-up any spillage or release of wind-blown materials, litter, or leaks of Contractor vehicle fluids or leachate. Spill kits shall also include employee spill containment instructions and procedures as well as a regularly updated list of emergency contacts. The Contractor shall develop spill response procedures for review and approval by the City before initiating any work under this Contract. Prior to operating any vehicle in the City, all Contractor vehicle drivers shall be provided with hands-on training on the location, maintenance, and use of spill kits and associated containment and notification procedures. Such training shall be provided to all vehicle drivers at least annually. All Drop-Box loads (both open and compactor) shall be properly and thoroughly covered or tarped to prevent any spillage of material prior to Contractor vehicle entering any Private Road or Public Street. 2.1.17 Pilot Programs The City may wish to test and/or implement one or more changes to waste stream segregation, materials processing or collection technology, promotion of services, or collection frequency at some point during the term of the Contract. The City 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. The costs (or savings) accrued by any City-initiated pilot programs shall be negotiated prior to City-wide implementation. The Contractor shall coordinate with the City and participate fully in the design, roll-out, operation and troubleshooting of such pilot programs. Contractor-initiated pilot programs shall require prior written notification and approval by the City. Contractor-initiated pilot programs shall be performed at no additional cost to the City or the Contractor's Customers; however, savings accrued may be subject to negotiations prior to City-wide implementation at the City's request. Contractor-initiated surveys are allowed of businesses and/or Residences to gather information about generic service preferences or to access pilot program options or outcomes, provided that all related data and analysis is shared with the City. City of Auburn 20 February 2011 Solid Waste Collection Contract 2.1.18 Disruption Due to Construction The City reserves the right to construct any improvement or to permit any such construction in any street or alley in such manner as the City 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 collection shall be done at no extra expense to the City or the Contractor's Customers. 2.1.19 Contractor Planning Assistance The Contractor shall, upon request and without additional cost, make available site planning assistance to either the City and/or property owners or their representatives. The site planning assistance shall be available for all new construction or remodeling of buildings and structures within the City 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, enclosures, compactor equipment, and other similar structures or areas shall also be available for existing Customers when adjusting Garbage, Recyclables and Compostables services. Contractor planning assistance shall be provided within two working days of the Contractor receiving a written request for assistance. 2.1.20 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 and such damage is primarily attributable to the Contractor's operations, the Contractor shall notify the City immediately in writing of all damage, and the Contractor shall repair or replace the same. If the Contractor fails to do so promptly, as reasonably determined by the City, the City shall cause repairs or replacement to be made, and the cost of doing so shall be billed to and become the responsibility of the Contractor. 2.1.21 Company Name City of Auburn 21 February 2011 Solid Waste Collection Contract The Contractor shall not use a firm name containing any words implying municipal ownership without prior written permission from the City. 2.1.22 Transition and Implementation of Contract The Contractor shall work with the City to design and distribute promotional materials to Customers throughout the City. This information is designed to provide information about the City's programs (and any service changes) and to inspire interest from the community in actively participating in the programs. The Contractor shall, at its expense, provide the following: (1) Single Family Residential Customers. a. By September 15, 2011, the Contractor shall mail a letter and a brochure describing the City's services and new rates to all Residential Customers in the City. This brochure shall include organics recycling, waste reduction information and alternatives for hard-to-recycle materials. Other outreach efforts may include: i. Post cards with cart delivery date information. ii. Outdialers to customers before carts are delivered. iii. Press Releases and development of "earned media." iv. Presentations to local rotary and chamber of commerce groups. V. Newsletter articles and other information as requested by the City. (2) Commercial Customers. a. By December 31, 2011, the Contractor shall visit all Commercial Customers in the City to provide information on the City's commercial recycling program and to audit current and potential service levels. Auditors shall provide information on the City's recycling program and cost savings associated with the program. Compostables and hazardous waste disposal options shall also be discussed during these visits. b. All participating Commercial Customers shall be provided with brochures and posters about proper recycling techniques. City of Auburn 22 February 2011 Solid Waste Collection Contract C. By December 31, 2011, all green Detachable Recycling Containers shall be replaced with blue Detachable Recycling Containers. (3) Multi-Family Customers. a. Site Visits. By June 30, 2012, the Contractor shall visit each Multi-Family Complex in the City. During these site visits, the Contractor shall: i. Audit service levels and provide information on potential cost savings associated with increased recycling. ii. Ensure that all Recycling Containers are labeled correctly. iii. Arrange for the replacement of any green Recycling Containers with blue Recycling Containers by December 31, 2011. iv. Provide recycling related posters and brochures for Multi-Family Complexes. V. Update or establish contact information for ongoing communication. vi. Provide the City with a report of the outcomes from these site visits. (4) Other. a. All existing Recycling Containers shall be re-labeled by March 31, 2012. b. Additional staffing shall be provided for Contractor Customer service lines to accommodate Customer questions during the transition period. C. By October 1, 2011, the Contractor will provide a detailed analysis of current level of compliance with "Evergreen Fleets.". d. Provide for City review the initial draft Annual Service Updates in accordance with Section 2.3.5 before October 1, 2011. The above dates may be shifted earlier upon permission of the City, provided that Customers receive new Containers in a way to minimize confusion. City of Auburn 23 February 2011 Solid Waste Collection Contract All Container decals, Cart imprints and materials provided by the Contractor to Customers shall be reviewed and approved by the City in advance of production or distribution. 2.1.23 Ongoing Coordination with City and Performance Review The Contractor's supervisory staff shall be available to meet with the City at the City's offices on request as well as on a monthly schedule to discuss and resolve operational and Contract issues. The City may, at its option, conduct periodic performance reviews of the Contractor's performance under this Contract. The City may perform the review to confirm various aspects of the Contractor's operations and compliance with this Contract. City staff or contracted consultants may provide the review at the City's direction. The Contractor shall fully cooperate and assist with all aspects of the performance review, including access to Contractor's route and Customer service data, billing information, safety records, equipment, facilities and other applicable items. The City's scope of review under this provision is intended to focus on analysis of the Contractor's performance and Contract compliance. The results of the performance review shall be presented to the Contractor and a plan for addressing any deficiencies shall be provided to the City within two (2) weeks of the Contractor's receipt of the review. The Contractor shall analyze and correct in good faith any deficiencies found in its performance under this Contract. The Contractor's corrective plan shall address all identified deficiencies and include a timeline for corrective actions. The Contractor's corrective plan shall be subject to review and approval by the City. Upon approval of the plan, the Contractor shall implement and sustain actions that correct deficiencies. Failure to complete correction of deficiencies as outlined in the plan and/or failure to initiate good faith corrective actions within thirty (30) days shall constitute a failure to perform subject to performance fees as defined in Section 4.1. Further, the City, at its sole option, may then provide the Contractor with six (6) months notice of contract termination. The Contractor shall continually monitor and evaluate all operations to ensure compliance with this Contract. At the request of the City, the Contractor shall report its own findings from internal monthly performance measures for collection, customer service and maintenance functions. The City shall determine which of the Contractor internal performance management measures are relevant to addressing any particular deficiencies and the Contractor shall continue to report those measures until notified in writing by the City. In addition, Contractor personnel involved in the collection of Compostables and/or Recyclables will be required to attend one (1) City of Auburn 24 February 2011 Solid Waste Collection Contract training per year to allow City and/or Contractor representatives to present highlights of promotional and service initiatives, while providing personnel an opportunity to offer feedback or suggest improvements based on their own observations. 2.1.24 Disposal Restrictions and Requirements 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 the City. Garbage containing obvious amounts of Yard Debris shall not knowingly be collected and instead prominently tagged with a notice informing the Customer that King County does not accept Yard Debris mixed with Garbage for collection. Contractor's knowing collection of Garbage mixed with visible Yard Debris shall be grounds for performance fees as provided in Section 4.1. The Contractor shall not be required to collect 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. The Customer shall remain responsible for all costs associated with handling and disposal of hazardous materials inadvertently collected by the Contractor. Garbage collected by the Contractor may be processed to recover Recyclables, provided that the residual is disposed in accordance with the City's Interlocal Agreement with King County. In the event the Contractor elects to haul Garbage to a private processing facility, the Contractor shall charge the Customer no more than the equivalent Garbage disposal fee at a King County Disposal System transfer station and shall charge hauling fees no higher than provided for in Attachment B. 2.1.25 Violation of Ordinance The Contractor shall report in writing immediately to the City any observed violation of the City's ordinances providing for and regulating the Containerization, collection, removal and disposal of Garbage, Recyclables and Compostables. City of Auburn 25 February 2011 Solid Waste Collection Contract 2.2 Collection Services 2.2.1 Single-Family Residence Garbage Collection 2.2.1.1 Subject Materials The Contractor shall collect all Garbage placed Curbside for disposal by Single-Family Residence Customers in and adjacent to Micro-Cans, Garbage Cans or plastic bags (for Extra Units) and/or Contractor-owned Garbage Carts. The Contractor shall offer carry-out service to disabled Customers at no charge (per Section 2.1.6) and to all other Customers for the appropriate service level rate, plus the carry-out surcharge, in accordance with Attachment B. If a Customer is either eligible for, or subscribes to, carry-out service, carry-out service shall be provided for all three collection streams (Garbage, Recyclables, and/or Compostables) without duplicate surcharges. 2.2.1.2 Collection Containers The Customer's primary Container must be a Micro-Can or Garbage Cart. Plastic bags and/or Garbage Cans may only be used for Extra Units, not as the Customer's primary Container. Micro-Can and Cart rental fees shall be embedded in the respective rate charged for the level of service and not separately charged or itemized. Micro-Cans and Garbage Carts shall be delivered by the Contractor to Single-Family Residence Customers within seven (7) days of the Customer's initial request. 2.2.1.3 Specific Collection Requirements The Contractor shall offer regular weekly collection of the following service levels: (1) One 10-gallon Micro-Can; (2) One 20-gallon Garbage Cart; (3) One 35-gallon Garbage Cart; (4) One 64-gallon Garbage Cart; and (5) One 96-gallon Garbage Cart. City of Auburn 26 February 2011 Solid Waste Collection Contract Carry-out charges shall be assessed only to those Customers who choose to have the Contractor move Containers to reach the collection vehicle at its nearest point of access. An Extra Unit charge may be assessed for materials loaded so as to lift a Cart lid from the normally closed position. The Contractor may charge for an overweight Container at the Extra Unit rate, provided that the Customer agrees in advance to pay for the Extra Unit rate, otherwise, the Container shall be left at the Curb with Customer notification as to why it was not collected. The Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Unit fees. All Extra Units from Customers shall be documented with a date-stamped photograph. 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. Customers shall place Containers on or abutting Public Streets or Private Roads. The Contractor may tag inappropriately placed Containers and may discontinue service in the event of persistent inappropriate Container placement. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers, in an upright position, with lids closed and attached, to their set out location and will not place Containers on streets, sidewalks, public pathways, or in places that block vehicle access to any driveways, mailboxes, or similar structures. Once each year, on a week specified by the City, the Contractor shall collect bulky wastes from all Single Family Residential customers within the City Service Area at no additional charge. Each resident shall be allowed to place bulky waste next to their regular containers for special collection on that day, at no extra charge. The City will provide residents with a list of acceptable bulky waste items each year prior to the event. Individual items accepted under this collection event may include bulky wastes, appliances, furniture, mattresses, but shall exclude recyclable (other than scrap metal) materials, reusable materials, and household garbage. For the annual bulky waste collection event only, the Contractor shall keep separate disposal quantity and charge records and shall be reimbursed by the City for disposal fees for collected Garbage, as well as actual refrigerant and scrap metal recycling fees. 2.2.2 Single-Family Residence Recyclables Collection City of Auburn 27 February 2011 Solid Waste Collection Contract 2.2.2.1 Subject Materials The defined list of Recyclables shall be collected from all participating Single-Family Residences as part of basic Garbage collection services, without extra charge. The Contractor shall collect all Recyclables from Single-Family Residences that are placed in Contractor owned Carts or are boxed or placed in a paper bag next to the Customers' Recycling Cart. Recyclables must be prepared as follows and uncontaminated with food or other residues: Aluminum Cans: All aluminum cans that are placed in the Recycling Cart. Corrugated Cardboard: All corrugated cardboard boxes smaller than two (2) by three (3) feet, and placed in or next to the Customer's Recycling Cart. Larger corrugated cardboard boxes must be flattened by Customer prior to collection. Garbage Cans: The Contractor shall collect and recycle unwanted Garbage Cans from Customer. Customers shall label unwanted cans with a "Take" label and the Contractor shall collect those empty unwanted Garbage Cans on its Recycling collection route. Glass Containers: All colored or clear jars and bottles that are rinsed and have lids removed. Fluorescent and incandescent light bulbs, ceramics and window glass are excluded. Mixed Paper: All Mixed Paper. Motor Oil: Up to three gallons of motor oil that is free from contaminants and placed in screw-top plastic jugs, labeled with the Customer's address and placed next to the Customer's Recycling Cart. Newspaper: All newspaper and advertising supplements that are delivered with newspapers. Plastic Containers: All plastic bottles, jugs, tubs, and cups. Other plastics, automotive or other City of Auburn 28 February 2011 Solid Waste Collection Contract hazardous product Containers, and lids are excluded. Polycoated Cartons and Boxes: All plastic coated cartons and boxes that are flattened. Scrap Metal: All ferrous and non-ferrous Scrap Metal that is free of wood, plastic, rubber and other contaminants; and meets the size requirements defined for Scrap Metals. Scrap Metal shall include small appliances provided they meet the size requirements. Tin Cans: All food and beverage tin cans. 2.2.2.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining adequate inventories of, and distributing and maintaining Recycling Carts. The default Recycling Cart size shall be 64-gallons for new Customers, provided that the Contractor shall offer and provide 35- or 96-gallon Recycling Carts on request to those Customers requiring either less or additional capacity than provided by the standard 64-gallon Recycling Cart. Recycling Carts shall be delivered by the Contractor to new Customers or those Customers requesting replacements, within seven (7) days of the Customer's initial request. 2.2.2.3 Specific Collection Requirements Single-Family Residence Recyclables collection shall occur every-other-week on the same day as each household's Garbage and Co.mpostables collection. Single-Family Residence Recyclables collection shall occur during the hours and days specified in Section 2.1.4. 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 provided. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers with their lids closed and attached to their set out location in an orderly manner. City of Auburn 29 February 2011 Solid Waste Collection Contract The Contractor shall collect all properly prepared Single- Family Residence Recyclables from Garbage Customers. No limits shall be placed on set-out volumes, except in the case when extremely large quantities of commercially-generated materials are consistently set out at a Single-Family Residence. In this case, the Contractor shall request the resident to use a larger Recycling Cart or use commercial recycling services for the excess volumes. If the resident continues to set out commercial quantities of Recyclables, the Contractor shall notify the City for further action. In the event that large quantities of Residentially-generated cardboard (e.g. moving boxes) are set out for collection, the Contractor may collect the excess materials the following day in a separate truck, provided that clear written notification of the collection delay is provided to the Customer. The Contractor shall collect properly packaged used motor oil from Single-Family Residential Customers. The Contractor may refuse to collect used motor oil from any Customer for any one of the following reasons: 1) the oil was not packaged in a leak proof, plastic jug or bottle, securely sealed with a screw-cap; 2) the packaged oil contained substances other than used motor oil; 3) the packaged oil leaks in any way 4) the Container is not properly labeled with the Customer's name and address; or 5) there is spillage at the Customer location which is not caused by the Contractor's employees. Should the Contractor reject used motor oil for any of these reasons, a tag outlining the reason for rejection shall be left with the oil. The City and Contractor shall cooperate on monitoring the quality of Recyclables set out for collection. Either party may inspect or sample set-out or collected Recyclables. Any deficiencies in Recyclables quality observed by City or Contractor's staff shall require educational follow-up by the Contractor to encourage maximum quality and marketability. Educational follow-up shall range from a minimum of a notice ticket or "oops tag" to involvement of management staff from either the City or Contractor as appropriate. 2.2.3 Compostables Collection 2.2.3.1 Subject Materials Compostables shall be collected weekly on a subscription basis from all participating Single-Family Residences. City of Auburn 30 February 2011 Solid Waste Collection Contract Contaminated or oversized Compostables materials rejected by the Contractor at the Curb shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. 2.2.3.2 Containers A 96-gallon Compostables Cart shall be provided to all Compostables collection subscribers. The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Compostables Carts. Compostables Carts shall be labeled with instructional information, in accordance with Section 2.1.15.6. The default Compostables Cart size shall be 96-gallons, with 35- and 64-gallon sizes available upon request. Extra Yard Debris material that does not fit in the initial Compostables Cart shall be bundled or placed in Kraft bags or Customer-owned Garbage Cans labeled for Yard Debris. Customers choosing to use their own Containers for excess Yard Debris shall be provided durable stickers by the Contractor that . clearly identify the Container's contents as Yard Debris. Compostables Carts shall be delivered by the Contractor to Customers within seven (7) days of the Customer's initial request. Redelivery fees shall be charged only to those Residential Customers that cancel and then restart Compostables Cart collection service within seven (7) months of cancellation. In order for this fee to be applicable, the City must notify each. Customer at the time they request service cancellation. The Contractor may charge a Compostables Cart cleaning and deodorizing fee, per occurrence, for each Compostables Cart cleaned and redelivered to existing Compostables collection subscribers upon their request. 2.2.3.3 Specific Collection Requirements Compostable materials shall be collected weekly.on the same scheduled service day as Garbage collection from all Single Family Residences who subscribe to Compostables service. Compostables in excess of 96 gallons may be charged as Compostables Extra Units in 32 gallon increments in accordance with Attachment B. City of Auburn 31 February 2011 Solid Waste Collection Contract Unflocked, undecorated, natural holiday trees (Christmas Trees) will be collected at no additional cost on the first full week of scheduled Compostable materials collection each year from all Single-Family and Multi-Family Residences in the City. 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 will not place Containers on streets, sidewalks, public pathways, or in places that block vehicle access to any driveways, mailboxes, or similar structures. Information detailing collection and service schedules as specified in Section 2.2.2.3 and Section 2.2.3.3 shall be included in the Annual Service Update as specified in Section 2.3.5. 2.2.3.4 Food Scraps Collection The Contractor shall accept uncontaminated Food Scraps included and/or mixed with Yard Debris ("Compostables") in Compostables Carts for Single Family Residential Customers who subscribe to Compostables Collection service. The range of materials handled by the Food Scraps collection program may be changed from time to time upon the approval of the City to reflect those materials allowed by the Seattle-King County Health Department for the frequency of collection provided by the Contractor. 2.2.4 Single Family Bulky Waste Collection 2.2.4.1 Subject Materials On-call bulky waste collection shall be offered, for stoves, washing machines, dryers, water heaters, refrigerators and freezers, large furniture (sofas and chairs), mattresses or box springs, tires with or without rims (auto, pickup, heavy truck), etc and shall be provided at the rates listed in Attachment B. Collected oversized items shall be recycled by the Contractor to the extent possible. The Contractor shall maintain an electronic log listing service date, materials collected, Customer charges, weights, and whether the item was recycled or disposed. This log shall be provided to the City on a monthly basis. City of Auburn 32 February 2011 Solid Waste Collection Contract 2.2.4.2 Specific Collection Requirements On-call collection services of bulky waste such as couches, mattresses, white goods and other oversized materials must occur during the hours and days specified in Section 2.1.4, 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 and quiet manner. 2.2.5 Multi-Family Complex and Commercial Customer Garbage Collection 2.2.5.1 Subject Materials The Contractor shall collect all Garbage set out for disposal by Multi-Family Complex and Commercial Customers in acceptable Containers as designated in Section 2.2.5.2. 2.2.5.2 Containers The Contractor shall provide Containers meeting the standards described in Section 2.1.15. Multi-Family Complex and Commercial Customers shall be offered a full range of Containers and service options, including Garbage Carts, one (1) through six (6) cubic yard compacted and one (1) through eight (8) cubic-yard non-compacted Detachable Containers, and compacted or non-compacted Drop-Box Containers. The Contractor may also lease or sell compacted Drop-Box Containers and Drop-Box and Detachable Container Compactors to Customers outside of this Contract at rates negotiated between the Customer and the Contractor. Materials in excess of Container capacity or the subscribed service level shall be collected and properly charged as Extra Units at the rates listed in Attachment B. The Contractor shall develop and maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Units and documentation of service irregularities such as damaged or blocked Containers. All Extra Units and service irregularities shall be documented with a date-stamped photograph. The Contractor may use either or both front-load or rear-load Detachable Containers to service Multi-Family Complex and Commercial Customers. However, not all collection sites within the City 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, City of Auburn 33 February 2011 Solid Waste Collection Contract whether or not front-load collection is feasible at that Customer's site. Contractor-owned Containers shall be delivered by the Contractor to requesting Multi-Family Complex and Commercial Customers within three (3) days of the Customer's initial request. Customers shall properly care for Containers on the Customer's property, shall use reasonable efforts to protect such Containers from graffiti or negligent misuse, and shall not use such Containers for other than their intended purpose. 2.2.5.3 Specific Collection Requirements Commercial Garbage collection shall be made available to Multi-Family Complex and Commercial Customers daily, during the times specified in Section 2.1.4. Collection at Multi-Family sites shall be limited to the same hours as Single- Family Residence collection. Collections 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 collect from areas mutually agreed upon by the Contractor and Customer with the least slope and best truck access possible. Containers shall be replaced after emptying in the same location as found. Roll-out charges shall be assessed in ten (10) foot increments only to those Customers for whom the Contractor must move a Container over five (5) 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 Garbage Can, Garbage Cart or Detachable Container lid from the normally closed position. 2.2.6 Multi-Family Complex Recyclables Collection 2.2.6.1 Subject Materials The Contractor shall provide adequate Container capacity and collect all Recyclables from Multi-Family Complexes that are prepared in a manner similar to that described for Single- Family Residence Recyclables in Section 2.2.2.1., with the exception of used motor oil. This embedded Recyclables collection shall occur at no extra charge from base Garbage collection. The Contractor shall tag contaminated Containers, but will not collect the contaminated load as Garbage and not charge the resident or property manager a fee for contamination unless notification and correction procedures are completed. City of Auburn 34 February 2011 Solid Waste Collection Contract 2.2.6.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Recycling Containers. The Contractor shall offer and provide 35-, 64- or 96-gallon Recycling Carts at sites where Recycling Containers are provided to individual Multi-family units. At mobile home parks, the Contractor shall provide a Recycling Cart to each individual residence and shall provide services equivalent to Single-Family Residences. At Multi-Family Complexes with common-area Recycling Containers that serve more than one unit, the Contractor shall use Detachable Containers to the extent practical and shall use multiple clusters of Recycling Carts only where Detachable Containers are not practical due too operational or site constraints. Recyclables Containers shall be labeled with recycling collection requirements in accordance with Section 2.1.15.5 when distributed. The Contractor shall provide common-keyed locks and multiple keys when requested at no extra charge to limit contamination of Recyclables. Upon notice, Contractor shall equip Detachable Containers with special slotted recycling lids provided by the City. Recyclables Containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. Multi-Family Complex Recyclables Containers shall be relabeled periodically in accordance with Section 2.1.15.5. 2.2.6.3 Specific Collection Requirements Multi-Family Complex Recyclables collection shall occur weekly or more frequently, as needed, during the hours and days specified in Section 2.1.4 for Multi-Family Complex collection. Collections shall be made on a regular schedule on the same day(s) of the week to minimize Customer confusion. The Contractor shall collect from areas mutually agreed upon by the Contractor and Customer with the least slope and best truck access possible. After emptying Containers shall be replaced in the same location as found. Multi-Family Complex Recycling Customers shall not be charged lock, gate or roll-out fees. City of Auburn 35 February 2011 Solid Waste Collection Contract When space constraints limit the provision of Containers appropriately-sized for weekly collection, the Contractor shall provide more frequent collection, as necessary, of smaller Containers to provide adequate total recycling capacity for the Multi-Family Complex site. 2.2.6.4 Multi-Family Recycling Outreach and Incentives The Contractor shall provide ample copies of current recycling guidelines upon request of the City or Customer. The Contractor shall assist the City in the development and implementation of an annual recycling outreach and incentive plan. The plan shall include, at a minimum, a description of planned programs, tasks assignments between the City and Contractor and support costs where appropriate. Public Education will play an important role in this process. The Contractor and the City shall work together to conduct workshops, visit with Customers, and develop and implement a high quality public education campaign. The outcomes and results of these efforts will be tracked and reported to the City by the Contractor. The Contractor shall work with property managers at Multi- Family Complexes across the City to identify recycling "champions" in multi-family buildings to monitor recycling and waste collection activities, provide ongoing education to tenants, and communicate with the property manager about any key issues. Contractor will coordinate with City staff and consultants to provide the technical support, materials, and resources they need to create and maintain successful Recyclables collection programs in their buildings. 2.2.7 Recyclables Drop-off Site The Contractor shall provide a drop-off Recyclables depot at its facility located in or near Auburn for Auburn Customers to use when collection is otherwise unavailable (e.g. a property manager refuses to make Recyclables collection available at a Multi-Family Complex). The Recyclables depot shall accept all Residential Recyclables and shall be available during daylight hours Monday through Sunday. 2.2.8 Commercial Recycling Collection Commercial Recyclables shall be collected from all participating Commercial Customers as part of basic Garbage collection services, without extra charge up to 150 percent of that Customer's Garbage City of Auburn 36 February 2011 Solid Waste Collection Contract collection Container size, provided Recyclables are placed in the city's approved recycling container. 2.2.8.1 Subject Materials The defined list of Recyclables, with the exception of used motor oil or large amounts of Scrap Metal, shall be collected from all participating Commercial Customers as part of basic Garbage collection services, without extra charge subject to the limitations in Sections 2.2.7 and 2.2.7.3. The Contractor shall collect all Recyclables from Commercial Customers that are prepared in a manner similar to that described for Single Family Residential Recyclables in Section 2.2.2.1. In the event of contaminated materials, the driver shall notify their dispatcher, and the dispatcher shall contact the Customer with specific instructions for Customer to prepare the rejected materials for collection service or authorization to collect the material as Garbage for the regular Garbage collection fee. Contractor shall notify the City immediately, through use of dispatch or route management staff, if repeated contamination occurs in Recyclables set out by any Commercial or Multi-Family Customer. The Contractor shall notify the City immediately when any Commercial or Multi-Family Customer requests reduction or elimination of any Recyclables collection service, to afford the City the opportunity to act as a customer retention agent on behalf of the Contractor. The Contractor is required to remind such Customers that City resources are available to help resolve Recycling service issues. 2.2.8.2 Containers Contractor-supplied Recycling Containers shall be used for collecting Commercial Recyclables. Recycling Carts and Recycling Detachable Containers shall be distinguished from Compostables or Garbage Container colors per Section 2.1.15.5 and shall include prominent identifying labels that provide directions for the preparation of the materials to be placed in the Cart or Container. At larger businesses, the Contractor may use Detachable Containers or Drop-Box Containers for Recyclables collection provided that they are distinguished from Containers used for Garbage collection and are equipped with prominent identifying labels. City of Auburn 37 February 2011 Solid Waste Collection Contract Contractor-owned Containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. 2.2.8.3 Specific Collection Requirements Commercial Recyclables collection shall be offered weekly during the hours and days specified in Section 2.1.4. Collections shall be made on a regular schedule on a consistent day and as close to a consistent time as possible to minimize Customer confusion. The Contractor shall collect in alleys where practical, and on streets where no alleys are present. Containers shall be replaced in the same location after emptying. Commercial Recyclables collection Containers and service may be ordered by the Commercial Customer, the City, or the City's contracted technical assistance consultant, provided that the Contractor shall not be required to provide Commercial Recyclables collection to an unwilling party. When providing Commercial Recycling to a particular Customer, the Contractor shall not be required to provide Recycling Container capacity greater than 150 percent of that Customer's Garbage collection Container size. For example, a Customer with a two cubic yard Garbage container would be j provided up to three cubic yards of Recycling Container capacity. Contractors can also provide less than 150 percent recycling service if the amount of Recyclable material customarily generated by the customer does not require a larger Container. Any additional Recycling collection service beyond the 150 percent level provided as part of Garbage collection may be fee-based as negotiated between that Customer and the Contractor or any other service provider the Customer chooses to use. 2.2.9 Multi-Family Complex, and Commercial Customer Compostables Collection 2.2.9.1 Subject Materials The Contractor shall provide Compostables collection services to Multifamily Complexes and Commercial Customers on a subscription fee basis, in accordance with the service level selected by the Customer. City of Auburn 38 February 2011 Solid Waste Collection Contract Contaminated or oversized Compostables materials rejected by the Contractor shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. The Contractor's dispatcher will contact Customers with specific instructions for Customer to make the rejected materials suitable for collection service. 2.2.9.2 Containers The Contractor shall offer 35-, 64- and 96-gallon Compostable Cart service levels as well as one and two cubic yard Detachable Container service levels for Compostables collection. The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Compostables Carts and Detachable Containers. Extra Yard Debris material that does not fit in a Compostables Cart or Detachable Container shall be bundled or placed in Kraft bags or Customer-owned 32-gallon (maximum) Containers labeled `yard'. Compostables Carts and Detachable Containers shall be delivered by the Contractor to new Multi-Family Complexes or Commercial Customers within three (3) days of the Customer's initial request. 2.2.9.3 Specific Collection Requirements Compostables shall be collected from Multi-Family Complex and Commercial Customers at least weekly. Collections shall be made on a regular schedule on the same day(s) and as close to a consistent time as possible. The Contractor shall collect Containers at defined Multi- Family Complex or Commercial Customer Container spaces. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers with their lids closed and attached to their set out location. Commercial and Multi-Family Customers using Compostables Collection service for Food Scraps collection with Seattle-King County regulations for Commercial Food Scraps collection and the materials being Source-Separated must be identical to those accepted in the Residential Food Scraps collection program. City of Auburn 39 February 2011 Solid Waste Collection Contract The Contractor shall not be required to provide biodegradable kitchen Container bags or Cart liners as part of the basic collection service. Commercial and Multi-Family Customers who require Detachable Container Compostables collection service may subscribe separately with the Contractor or another service provider for that service at market rates. 2.2.10 Drop-Box Container Garbage Collection 2.2.10.1 Subject Materials The Contractor shall provide Drop-Box Container Garbage collection services to Multi-Family Complex and Commercial Customers, in accordance with the service level selected by the Customer. 2.2.10.2 Containers The Contractor shall provide Containers meeting the standards described in Section 2.1.15. Both Customer-owned and Contractor-owned Drop-Box Containers shall be serviced, including Customer-owned compactors. Contractor-owned Containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. 2.2.10.3 Specific Collection Requirements Single-Family Residence, Multi-Family Complex and Commercial Customer Drop-Box Container collection must occur during the hours and days specified in Section 2.1.4. Collection of Drop-Box Containers in Single-Family Residence and Multi-Family Complex areas and multi-use buildings containing Multi-Family Complexes shall be limited to the same hours as Single-Family Residence collection. The Contractor shall provide dispatch service and equipment capability to collect full Drop-Box Containers no later than the next business day after the Customer's initial call. The Contractor shall maintain a sufficient Drop-Box Container inventory to provide empty Containers to new and temporary City of Auburn 40 February 2011 Solid Waste Collection Contract Customers within three (3) business days after the Customer's initial call. Mileage fees shall be assessed only when Customer-directed disposal/recycling sites are more than ten (10) road miles by the shortest route from a particular Customer's location, and then only on the additional mileage above twenty (20) miles round-trip. The Contractor shall obtain prior permission from the Customer to use disposal/recycling sites which would result in additional mileage charges. 2.2.11 Service to the Boeing Company: The Contractor shall adapt one or more of its collection vehicles to collect the Boeing Company's specialized Detachable Containers ("stackable tubskids") used to contain Garbage at Boeing Company facilities within the City Service Area. The Contractor shall provide daily collection Monday through Friday on an on-call basis at the request of the Boeing Company. The Contractor shall service the specialized Detachable Containers and Drop-Boxes within 24 hours of the Boeing Company's request, and shall comply with Boeing Company facility access requirements and gate receipt requirements, including the noting of entry and exit times on Boeing Company-provided haul slips. Collected Garbage shall be disposed through King County Disposal System. There shall be two adjustable weekday (Monday through Friday) collection time windows mutually agreed upon by the Contractor and the Boeing Company tentatively set at 9:00 a.m. to 1:00 p.m. and again from 5:00 p.m. to 9:00 p.m. to empty the specialized Detachable Containers into the Contractor's collection vehicle. On Saturday and Sunday, there shall be one adjustable window, mutually agreed upon by the Contractor and the Boeing Company tentatively set at 12:00 noon to 3:00 p.m. to dump the specialized Detachable Containers. The Boeing Company will ensure that the specialized Detachable Container staging areas provide adequate space and turning radius for the Contractor's drivers to safely maneuver collection vehicles. The Contractor shall make the necessary number of trips to ensure that the specialized Detachable Containers located within each staging area are collected during each specified time window The Boeing Company will be responsible for the purchase, maintenance and repair of company-owned specialized Detachable Containers. The City of Auburn 41 February 2011 Solid Waste Collection Contract Contractor will notify the designated Boeing Company representative of needed repairs noted during collections. 2.2.12 Temporary Container Customers The Contractor shall provide temporary 2-, 4-, and 6-cubic yard Detachable Containers and 20-, 30-, and 40-cubic yard Drop-Boxes to Single-Family Residence, Multi-Family Complex and Commercial Customers on an on-call basis. Temporary service shall include all Customers requesting Container service of less than ninety (90) days duration, including existing Customers on permanent service who temporary request an extra Container for less than ninety (90) days. The charges for temporary Detachable Container service listed in Attachment B shall include delivery, collection and disposal. Disposal charges for temporary Drop-Box Containers shall be billed in addition to the delivery, rental and hauling charges listed in Attachment B. Rental charges shall be itemized and charged separately, at the rates listed in Attachment B. 2.2.13 Municipal Services The Contractor shall provide weekly Garbage, Recyclables, and Compostables collection services to all City municipal facilities, without charge. Those facilities include, but are not limited to the following: FACILITY ADDRESS -City Facilities: Auburn Airport 400-23 d Street NE Auburn Airport Hanger 4123 01h Street NE Auburn Avenue Theater 10 Auburn Ave Auburn Cemetery 2020 Mountain View Dr. Auburn City Hall 25 W. Main Street Auburn Gambini Building 2 - I" Street SE Auburn Golf Course 29630 Green River Rd Auburn Golf Course Maint 29832 Green River Rd Auburn GSA/VRFA Facility 2905 C Street SW Auburn Justice Center 340 E. Main Street Auburn Maintenance Facility 1305,C Street SW Auburn Museum 918 H Street SE Auburn Parks Department 910 - 91h Street SE Auburn Parks Maintenance 1401 C Street SW City of Auburn 42 February 2011 Solid Waste Collection Contract Auburn Senior Center 808-9 th Street SE Auburn VRFA Facility 1101 D Street NE Brannan Park 611 - 28th Street NE Cedar Lanes Park 25th Street SE & K Street SE Fulmer Park 5t" Street NE & K Street NE Game Farm Park 37 R Street SE Game Farm Park Maint Shop 3226 V Street SE Game Farm Park Caretaker 3224 V St SE Game Farm Wilderness Park 2401 Stuck River Rd SE Isaac Evans Park 29627 Green River Rd Les Gove Park 910 9th Street SE Roe ner Park 601 Oravetz Rd SE Scootie Brown Park 8th Street NE & Henry Rd NE Veteran's Memorial Park 405 Park Ave NE Collection and disposal of the permanent Drop-Box Containers at the City of Auburn Maintenance Facility are also included, without charge. If service levels increases by more than 20% above the baseline volume established in the first year of this Contract, then Contractor's rates shall be adjusted to reflect the increased cost to Contractor in providing such services. At any time during the term of this Contract, the City may add facilities 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 City Service Area, as well as municipal facilities in future annexation areas covered by this Contract. In the event that the number of facilities increases by more than 10% above those listed above, the Contractor's rates shall be adjusted to reflect the increased cost to Contractor in providing such services. On occasion, the City will pay the Contractor in accordance with charges listed in Attachment B for services that involve a third party, when such third party accumulates Garbage as part of performing services for the City. For example, disposal of roof replacement debris removed from a City facility. However, all regular Garbage, Recyclables and Compostables (with the exception of "Decant" waste) generated on an ongoing basis through City operations shall otherwise be collected by the Contractor without charge to the City. 2.2.14 City-Sponsored Community Events City of Auburn 43 February 2011 Solid Waste Collection Contract The Contractor shall provide Garbage and Recycling services for City- sponsored special events at no charge to the City 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: • Clean Sweep • Kid's Day • Auburn Good `Ol Days • Veteran's Parade • 4`h of July Celebration • Sidewalk Sale At any time during the term of this Contract, the City may add City- Sponsored Community Events in addition to those listed above, provided that if the City adds more than one event every two (2) years, the Contractor may negotiate compensation for those additional events. In the event that the total volume of materials collected by Contractor from City- Sponsored Community Events increases by more than 20% above the baseline volume for such events established in the first year of this Contract, then Contractor's rates shall be adjusted to reflect the increased cost to Contractor in providing such services. 2.3 Management 2.3.1 Responsibility of Participants 2.3.1.1 Contractor's Responsibilities Consistent with the responsibilities set forth otherwise in this Contract, the Contractor shall be responsible for: • Collecting Garbage in the City Service Area and delivering the Garbage to the King County Disposal System, unless otherwise directed by the City, and shall ensure that the Contractor handles Garbage in accordance with the City's interlocal agreements governing solid waste management. • Collecting construction/demolition waste in the City Service Area and delivering the waste to fully permitted recycling, disposal or transfer sites in compliance with City of Auburn 44 February 2011 Solid Waste Collection Contract King County's Comprehensive Solid Waste Management Plan. • Collecting, processing and marketing Recyclables and Compostables collected by the Contractor in the City Service Area. • Providing Container assembly, maintenance, painting, stickering/labeling and re-stickering/labeling and delivery services listed or required in this Contract. • Performing customer service support as detailed in Section 2.3.2. • Procuring all equipment and bearing all start-up, operating maintenance, and transition costs for collection and processing or disposal of Garbage, Recyclables and Compostables, including proper safety equipment and insurance for vehicles and workers. • Providing and supervising all labor to accomplish the scope of services required under this Contract, including labor to collect materials, maintain and distribute equipment and related customer service functions. • Operating a maintenance facility to house and service collection equipment and acquiring all necessary land use, building, operating, and business permits and licenses. • Submitting all informational materials for public release to the City for review and approval prior to release. • Complying with all applicable laws. • Meeting all non-discrimination and OSHA (Federal Occupational Safety and Health Act of 1970)/WISHA (Washington Industrial Safety and Health Act of 1973) standards, and all environmental standards and regulations. • Providing a safe working environment and comprehensive liability insurance coverage as set forth in Section 6.4, and providing proof of this insurance to the City annually. • Providing a valid Contractor's performance and payment bond in accordance with Section 6.5, and providing proof of this bond to the City annually. City of Auburn 45 February 2011 Solid Waste Collection Contract • Securing the prior written approval of the City and surety before assigning or pledging money, or assigning, subcontracting or delegating duties. • Providing route maps to the City indicating the day of week for each service. • Submitting collection day changes to the City for review and approval prior to notice being provided to Customers and the change taking place. • Submitting prompt notices to the media regarding modifications to the collection schedule due to inclement weather. • Maintaining Containers, vehicles and facilities in a clean, properly labeled and sanitary condition. • Meeting all City reporting, inspection and review requirements. • Providing outreach materials and programs, and assistance with distribution and outreach as required in this Contract. • Providing operating and safety training for all personnel, including spill response training for all drivers. • Notifying the City of intended changes in management not less than sixty (60) days prior to the date of change. New management shall also attend an introductory meeting scheduled by the City during the sixty (60) day notification period. Exception shall be made for termination for cause or voluntary termination, in which case the Contractor shall notify the City within twenty-four (24) hours of the termination. 2.3.1.2 City's Responsibilities Consistent with the responsibilities set forth otherwise in this Contract, the City shall be responsible for: • Overall project administration and final approval of Contractor services and activities. • Billing, receiving and posting Customer payments. City of Auburn 46 February 2011 Solid Waste Collection Contract • Reviewing and approving Contractor compensation adjustments due to changes in County disposal fees or price indices. • Directing and overseeing public education and outreach with the cooperation and assistance of the Contractor. • Monitoring and evaluating collection operations with the cooperation and assistance of the Contractor. • Reviewing and approving all assignment, pledging, subcontracting or delegation of money or duties. • Reviewing and approving collection days and rate changes. • Reviewing and approving holiday schedule changes. • Reviewing and approving all written or other informational materials used in the City by the Contractor. • Conducting performance reviews of the Contractor with the Contractor's cooperation and assistance. • Holding periodic operations meetings with the Contractor, as necessary. 2.3.2 Customer Service and Billing The Contractor shall provide customer service functions relating directly to service delivery including receiving and resolving Customer complaints, responding to Customer inquiries regarding collection days and schedules, dispatching Drop-box Containers to City-authorized Customers, and referring billing questions to the City. These functions shall be provided at the Contractor's sole cost, with such costs included in the Customer charges (see Attachment B). The City shall be the first point of contact for both Commercial and Residential Customers seeking to establish initial accounts or to change existing service levels. Residential and Commercial Customers which call the Contractor to establish service shall be referred to the City to open their account. Once an account has been authorized and established by the City, the City shall provide the Contractor with an e-mailed, faxed or written authorization for the Contactor to start service for that Customer. Customers seeking route information or reporting missed collections shall not be referred to the City and shall be assisted by the Contractor customer service personnel. The Contractor shall be responsible for initial and continuing staff training to ensure all customer service personnel and City of Auburn 47 February 2011 Solid Waste Collection Contract i I drivers understand the City's and Contractor's respective roles and can 1 provide accurate responses to Customer inquiries. I 2.3.2.1 Office Location 3 The Contractor shall maintain a principal or district office in King County within twenty (20) miles of the City limits. The Contractor's office and customer service assistance shall be accessible by a local area code and phone number or a toll free number for use during this contract as the Contractor's primary customer service line. On the termination of this Contract for any reason, the Contractor shall relinquish its rights for use of this phone number to the City or its assignee, effective the day of termination, unless this phone number is also used by Waste Management customers from other municipalities. i j The Contractor's office hours shall be open at a minimum from 8 a.m. to 5 p.m. daily, except Saturdays, Sundays and recognized holidays. Representatives shall be available at the Contractor's local office during office hours for communication with the public and City representatives. Customer calls shall be taken during office hours by a person, not by voice mail. The Contractor shall maintain an emergency telephone number for use by City staff outside normal office hours. The Contractor shall have a representative, or an answering service to contact such representative, available at said emergency telephone number during all hours other than normal office hours. 2.3.2.2 Customer Service Requirements 2.3.2.2.1 Customer Service Representative Staffing During office hours, the Contractor shall maintain sufficient staff to answer and handle multiple incoming telephone calls simultaneously. If incoming telephone calls necessitate, the Contractor shall increase staffing levels as necessary to meet Customer service demands. If staffing is deemed to be insufficient by the City to handle Customer calls, the Contractor shall increase staffing levels to meet contract performance criteria The Contractor shall provide additional staffing during the transition and implementation period, City of Auburn 48 February 2011 Solid Waste Collection Contract and especially from six (6) weeks prior to the commencement of new services, through the end of the fourth month after the commencement of new services, 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 mobilization, transition and implementation period shall be subject to prior City review. 2.3.2.2.2 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 via the Contractor's non- office hours answering service shall be recorded in the log the following business day. The Contractor shall make a conscientious effort to resolve all complaints within twenty-four (24) hours of the original call or e-mail, 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 the City, or its designated representatives, during the Contractor's office hours, and shall be in a format approved by the City. The Contractor shall provide a copy of this log in an electronic format to the City with the monthly report. The Contractor shall provide sufficient field service/sales staff and route manager personnel to accurately set-up accounts and visit Customers at City of Auburn 49 February 2011 Solid Waste Collection Contract 1 their service location as needed - for example during roll-out of service changes that impact multiple accounts, or during establishment of new Recycling or Compostables collection service changes. The Contractor's field service/sales staff shall be able to describe to Customers any related service procedures and Container or equipment needs, and be able to calculate any related rate impacts that would arise from implementing service change options. The Contractor's field service/sales staff shall also be responsible for completion of outreach and tracking specified in Section 2.3.5, including related required annual reporting. 2.3.2.2.3 Handling of Customer Calls All incoming telephone calls shall be answered promptly. Held calls shall be answered by a customer service representative, with a (monthly) average speed of answer of forty (40) seconds or less. For calls placed in queue, no greater than five (5) percent average shall abandon (ABA%) on a monthly basis. A summary of these discrete performance measures will be provided as part of required monthly reporting. 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. An automated voice mail service or phone answering system may be used when the office is closed. 2.3.2.2.4 Corrective Measures Upon the receipt of Customer complaints in regards to busy signals or excessive delays in answering the telephone, the City may request and the Contractor shall submit a plan to the City for correcting the problem. Once the City has approved the plan, the Contractor shall have thirty (30) days to implement the corrective measures, except during the transition and implementation period, during which time the Contractor shall have one (1) week to implement corrective measures. Corrective measures shall City of Auburn 50 February 2011 Solid Waste Collection Contract be implemented without additional compensation to the Contractor. Failure to provide corrective measures shall be subject to performance fees. 2.3.2.2.5 Internet Website The Contractor shall provide an Internet website accessible twenty-four (24) hours a day, seven (7) days a week, containing information specific to the City's collection programs, including at a minimum, contact information, collection schedules, material preparation requirements, available services and options, inclement weather service changes and other relevant service information for its Customers. E-mailed Customer missed pick-ups shall be answered and the service completed the next business day after receipt. Website content and design shall be submitted for City approval. The Contractor shall update the website monthly,. and more often if necessary, and provide links to the City's website. The website shall include contact information translated into a minimum of four (4) languages other than English, including Spanish, Korean, Vietnamese and Russian. The Contractor's website shall not include adware, spyware or third party tracking "cookies". 2.3.2.2.6 Full Knowledge of Programs Required The Contractor's customer service representatives shall be able to accurately describe all collection services available to City Customers, including the various services available to Single-Family Residence, Multi-Family Complex and Commercial Customers. The Contractor's customer service representatives shall have real- time electronic access to customer service data and history to provide efficient and high-quality customer services. 2.3.3 Contractor's Billing Responsibilities The Contractor shall be responsible for providing electronic customer billing data to the City in a format and on a schedule that is compatible with the City's billing system and procedures. Contractor billing data will include, at a minimum, weekly reports of "extras" collected for both City of Auburn 51 February 2011 Solid Waste Collection Contract Residential and Commercial accounts and monthly reports of Drop-box container hauls, rental charges and disposal fees. The City shall provide the Contractor with an electronic or printed listing of the City's customers, service locations, containers and collection frequency at least twice each year. The Contractor shall reconcile its accounts with the City's accounts within sixty (60) days of receiving the City listing and shall provide the City with a written list of discrepancies between the two databases. Billing formats and procedures may change during the term of the Contract, and the Contractor at its sole cost shall accommodate any such changes by the City. The Contractor shall be required to have procedures in place to minimize the potential for the loss or damage of the account-servicing (customer service, service levels and billing history) database. The Contractor shall ensure that a daily backup of the account servicing database is made and stored off-site. 2.3.4 Reporting The Contractor shall provide monthly and annual reports to the City. In addition, the Contractor shall allow City staff access to pertinent operations information such as disposal facility certified weight slips and vehicle maintenance logs. 2.3.4.1 Monthly Reports On a monthly basis, by the 15th day of the following month, the Contractor shall provide a report containing information for the previous month. Reports shall be submitted in electronic format approved by the City and shall be certified to be accurate by the Contractor. At a minimum, reports shall include: (1) A log of complaints and resolutions for all collection services and sectors. At a minimum, the complaint log shall include Customer name and/or business name, Customer's service address, contact telephone number, date of complaint, a description of the complaint, a description of how the complaint was resolved, the date of recovery/resolution and any additional driver's notes or comments. City of Auburn 52 February 2011 Solid Waste Collection Contract (2) A compilation of program participation statistics including: a summary of multi-family and commercial participation in recycling programs, set-out statistics for Residential Garbage, Compostables and Recyclables collection services, and log of bulky items. (3) A compilation of total monthly and year-to-date summaries of Garbage, Recyclables and Compostables quantities by collection sector. (4) A summary of Recyclables quantities by collection sector and by commodity, including processing residues disposed and market prices. (5) A summary of disposal or tipping facility locations and associated quantities for Garbage, Recyclables and Compostables as well as any changes in processing procedures, locations or tipping fees. (6) A description of any vehicle accidents infractions, or insurance claims against Contractor; and (7) A description of any changes to collection routes, Containers, vehicles (including the identification of back-up vehicles not meeting contract standards with the truck number and date of use), customer service or other related activities affecting the provision of services If collection vehicles are used to service more than one Customer sector or jurisdiction, the Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting of collection quantities. The apportioning methodology shall be subject to prior review and approval by the City and shall be periodically verified through field testing by the Contractor. 2.3.4.2 Annual Reports On an annual basis, by the last working day of January, the Contractor shall provide a report containing the following information: (1) A consolidated summary and tabulation of the monthly reports, described above. City of Auburn 53 February 2011 Solid Waste Collection Contract (2) A discussion of highlights and other noteworthy experiences, along with measures taken to resolve problems, increase efficiency, and increase participation in Compostables and Recyclables collection programs. (3) A discussion of promotion. and education efforts and accomplishments. (4) An inventory of current collection, delivery, spare and other major equipment, including make, model, year, and accumulated miles. (5) A list of Multi-Family and Commercial recycling sites pursuant to Section 2.3.5. 2.3.4.3 Ad Hoc Reports The City may request from the Contractor up to six (6) ad-hoc reports each year, at no additional cost to the City. 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 the City- defined format and software compatibility. These reports shall not require the Contractor to expend more than one hundred (100) staff hours per year to complete. If requested by the City, 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 the City and in the Contractor's possession shall be subject to existing laws and regulations regarding disclosure, including the Public Records Act, Chapter 42.56 RCW and shall also be subject to the provisions of Section 6.8 below. 2.3.5 Promotion and Education The City shall have primary responsibility for developing, designing, and executing general waste reduction/recycling public education and outreach programs, with the assistance and cooperation of the Contractor. The Contractor shall have primary responsibility for providing service-oriented information and outreach (i.e. annual recycling calendars, inclement weather information) to Customers and implementing on-going recycling promotion, at the direction of the City. The Contractor shall keep the public informed of programs and encourage participation through an Annual Service Update. Each fall, the Contractor City of Auburn 54 February 2011 Solid Waste Collection Contract shall provide an Annual Service Update for each service sector, the format, content and timeframe of which shall be subject to prior review and approval by the City. The Annual Service Update shall be mailed to all Customers and, at a minimum, shall include an informational brochure indicating rates, all services available, preparation and other service requirements, contact information, inclement weather and other policies, a collection schedule calendar applicable to each recipient's routes and other useful Customer information. The Contractor shall develop, print, periodically update and maintain sufficient quantities of new Customer information materials, the format and content of which shall be subject to prior review and approval by the City. The Contractor shall mail materials to new Commercial Customers and the City shall mail materials to new Residential Customers. The materials shall be mailed within one month of the Customer's account setup and shall, at a minimum, include a statement of applicable rules and service policies, rates, services and preparation requirements, collection days, Contractor customer service information and City contact information. Contractor's materials shall be TTY accessible and Contractor shall provide alternative language formats upon request. The Contractor shall maintain a complete list of all Multi-Family Complex and Commercial Customer sites within the City Service Area, and the status of each site's participation in Contractor-provided services. Not less than four (4) times each year, the Contractor shall provide the City with a complete listing in a City-approved electronic format of all Commercial Customers and Multi-Family Complex Customers, including business name, contact name, address, Garbage and recycling service volume and frequency and any other pertinent information that may assist the City in targeting additional City-initiated outreach. The Contractor shall annually contact, by direct mail, telephone or site visit, the manager or owner of each site to encourage participation and inform the manager or owner of all available services and ways to decrease Garbage generation. Printed informational materials discussing waste prevention and recycling service options shall be prepared and distributed by the Contractor to support contact with Multi-Family Complex and Commercial Customer sites. This contact shall be coordinated with City and King County promotional efforts. The Contractor shall include with its annual report the list of Multi-Family Complex and Commercial Customer sites; Garbage, recycling and Compostables status; Container sizes, service frequency, and types; Customer contact dates and outcome of such contacts; and suggestions for increasing participation or other program improvements. City of Auburn 55 February 2011 Solid Waste Collection Contract i The City and the Contractor shall meet periodically to evaluate the effectiveness of the above-stated education and outreach program. The City and the Contractor shall collaborate, as needed, to develop alternative education and outreach materials, strategies, and initiatives if deemed necessary. 2.3.6 Field Monitoring The City may periodically monitor collection system parameters such as participation, Container condition, Container weights, waste composition and Customer satisfaction. The Contractor shall assist the City by coordinating the Contractor's operations with the City's field monitoring to minimize inconvenience to Customers, the City and the Contractor. 2.3.7 Transition to Next Contractor The Contractor shall be expected to work with the City and any successive contractor(s) in good faith to ensure a minimum of Customer disruption during the transition period. Container removal and replacement shall be coordinated between the Contractor and a successive contractor to occur simultaneously in order to minimize Customer inconvenience. The Contractor shall provide a detailed updated Customer list, including Customer name, service address, mailing address, and collection and Container rental service levels to the successive contractor within seven (7) days request of the City. The parties recognize that a failure to comply with this .provision will damage the City, but that determination of such damage will be difficult and burdensome; therefore, the parties agree that in the event of a breach of this provision and Contractor's failure to cure such breach as described in Section 4.2, the Contractor, or the Contractor's surety, shall pay the City one hundred thousand dollars ($100,000.00) for the material breach of this contract provision. Payment shall be made within twenty (20) business days of the end of this contract. 3. COMPENSATION 3.1 Compensation to the Contractor The Contractor shall be paid monthly, by the twenty-fifth of the following month based on verified and corrected billing data provided for the prior month. These payments will comprise the entire compensation due to the Contractor. City of Auburn 56 February 2011 Solid Waste Collection Contract These charges provided in Attachment B for Garbage collection, as such may be adjusted in accordance with this Contract, include the following components: a) The Contractor's Garbage collection fee for the particular service level; b) A disposal fee component for the particular service level based on the container weights specified in the Contractor's proposal and listed in Attachment B. Actual certified load weight in tons multiplied by the King County tipping fee applicable to the Container contents multiplied by a factor of 1.15 shall be used for Drop-box Garbage Container services; C) Recycling collection charges for each sector (e.g. Single Family Residential, Multifamily Residential and Commercial Customers); d) Container costs for Garbage and Recycling services, but not including Drop-boxes for which separate rental charges shall be assessed. Other services such as Compostables collection and other ancillary services shall be charged at the rate shown in Attachment B. The Contractor shall not charge separately for Recyclables collection services, other than those beyond the limits set forth herein or beyond scope of this contract. The Contractor's disposal and recycling costs for the annual bulky waste collection event (Section 2.2.1.3) shall be invoiced directly to the City, with supporting weight slips and invoices which document the expenses. The City shall pay these invoices, upon verification, on the same schedule as the Contractor's regular monthly payment. Should the City initiate any program that bans materials (other than Yard Debris) or penalizes the customer for the composition of the waste stream; the rates shall be adjusted to make .the effect on revenue neutral to the Contractor. The City is responsible for billing the Customer and assumes all collection risk and other bad debt. The City shall compensate the Contractor for the services actually performed by Contractor under this Contract, regardless whether the City obtains payment from the Customer. City of Auburn 57 February 2011 Solid Waste Collection Contract 3.2 Compensation Adjustments 3.2.1 Annual Rate Adjustment The Contractor's collection service charges, excluding waste disposal fees, for each level of service shall increase or decrease once every year by the percentage change in the Consumer Price Index CWURA423SAO for the Seattle-Tacoma-Bremerton Metropolitan Area for Urban Wage Earners and Clerical Workers, all items (Revised Series) (CPI-W 1982-1984) prepared by the United States Department of Labor, Bureau of Labor Statistics, or a replacement index (the "CPI Index"). 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. Rates shall be adjusted annually, beginning January 1, 2013 (the "Adjustment Date"). The Contractor shall submit to the City for review and approval a Rate Adjustment Statement, calculating the new rates for the next year, by calculating the percentage change in the CPI Index for the most recent twelve (12) month period ending on August 31 st of that year. The Contractor's calculations shall be provided to the City no later than October 15`" prior to the Adjustment Date and the City shall have thirty (30) days to confirm the Contractor's rate modification calculations. 3.2.2 Disposal Fee Adjustments Disposal Fee adjustments shall be made to Contractor collection rates to reflect increases or decreases in King County disposal fees for solid waste. In the event of a change in disposal fees, the disposal fee component of rates charged to Customers shall be adjusted, based on Container content weights specified in Attachment B of this Contract. Specific examples of rate modifications due to Consumer Price Index and disposal fee changes are provided in Attachment C. 3.2.3 Changes in Recyclables or Compostables Processing Sites and Tipping Fees The Contractor assumes all risk for the processing and marketing of Recyclables and Compostables. If the Contractor is required by the City to use processing sites or markets other than those being used at the initiation of this Contract, the Contractor may submit a detailed proposal for a rate adjustment to reflect any additional costs or savings to the Contractor. The City and Contractor agree to negotiate in good faith any changes to the rates to offset these costs or savings. City of Auburn 58 February 2011 Solid Waste Collection Contract If the County's Algona Transfer Station becomes unavailable for more than one week and the Contractor is required to haul Garbage to an alternative County disposal location in excess of ten (10) miles from the intersection of Division Street and Main Street the Contractor shall be allowed additional compensation of $2.00 per mile per truck trip above the ten (10) mile limit, for any daytime trip which would have otherwise gone to the Algona Transfer Station. The amount of per mile compensation and the formula for how the compensation is applied (other than the ten (10) mile threshold) shall be applied in accordance with the then-current WUTC tariff for the Contractor's South Sound WUTC tariff. 3.2.4 Other Modifications The Contractor shall not adjust or modify rates due to employee wage increases, the value of Recyclables, Garbage collection service level shifts, or other changes affecting the collection system. At the time of the City's decision to extend this Contract through invoking contract extension options, the Contractor can present a request for relief for any adverse market changes that have occurred during the previous period of the Contract. The City is under no obligation to give consideration for those adverse changes as a condition for invoking the contract extension option. If new City, King County, Washington State or Federal taxes are imposed or the rates of existing taxes are changed after the execution date 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 City shall enter into good faith negotiations to determine whether compensation adjustments are appropriate and if so, to determine the amount and the method of adjustment. Any adjustment in Contractor charges will coincide with the annual rate adjustment process described in this Section 3.2.1 3.3 Change in Law Changes in Federal, State or local laws or regulations or a continuing Force Majeure event that results 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 the City. For purposes of this section "material hardship" means that the change must have.or be reasonably expected to have a financial impact to the Contractor (i.e. increased costs or decreased revenues) in an amount equal to or greater than one percent of the Contractor's gross annual revenues available from this Contract. If the City requires review of the Contractor's financial or other proprietary information in conducting its rate review, at the request of the Contractor, the City 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 the City of Auburn 59 February 2011 Solid Waste. Collection Contract Contractor's documents and preserve the Contractor's ongoing ability to remain competitive. 4. FAILURE TO PERFORM, REMEDIES, TERMINATION The City expects high levels of Customer service and collection service provision. Performance failures shall be discouraged, to the extent possible, through automatic and performance fees for certain infractions and through Contract default for more serious lapses in service provision. Section 4.1 details infractions subject to automatic or performance fees, and Section 4.2 details default provisions and procedures. 4.1 Performance Fees The Contractor may be subject to performance fees for the following acts or omissions if documented in an incident report presented by the City to the Contractor. The City reserves the right to make periodic, unscheduled inspection visits or use other means to determine the Contractor's compliance with the Contract. Deductions for misses will not be applied for collections prevented by weather or holiday rescheduling or collections missed due to labor disruptions during the first week of the disruption. Performance fees are as follows: ACTION OR OMISSION AMOUNT Collection before or after the times specified Two Hundred Fifty Dollars ($250) per in Section 2.1.4, except as expressly truck route (each truck on each route is a permitted by the City. separate incident). Repetition of complaints on a route after Twenty-Five dollars ($25) per incident, notification, including, but not limited to, not to exceed thirty (30) complaints per failure to replace Containers in designated truck per day. locations, spilling, not closing gates, not replacing lids, use of profanity, creation of excessive noise, collection of Commercial Containers outside hours specified herein for Residential areas, crossing or driving over planted areas, observed reckless driving, or similar violations. Failure to collect spilled materials. Twice the cost of cleanup to the City or King County, plus Five Hundred Dollars ($500) per incident. City of Auburn 60 February 2011 Solid Waste Collection Contract ACTION OR OMISSION AMOUNT Failure to maintain placards on service Two Hundred Fifty Dollars ($250) per vehicles as required by Section 2.1.14 vehicle, per day. Curable Leakage from Contractor vehicles or Two Hundred Fifty Dollars ($250) per vehicle contents, observed by the City, its vehicle, per day, plus clean up costs. agents or photographed by Customers. Failure to collect missed materials within one One Hundred Dollars ($100) per incident (1) business day after notification. to a maximum of Five Hundred Dollars ($500) per truck per day on Single-Family Residence routes and no maximum for Multi-Family Complex and Commercial Customer routes. Missed collection of entire block segment of One Hundred Fifty Dollars ($150) per Single-Family Residences (excluding block segment if collection is performed collections prevented by inclement weather). the following day; Five Hundred Dollars ($500) if not collected by the following day. Collection as Garbage or disposal as Garbage One Hundred Dollars ($100) per incident, of Source-Separated Recyclables or up to a maximum of One Thousand Compostables in clearly identified Dollars ($1,000) per truck, per day. Containers, bags or boxes. Collection of Garbage containing visible Twenty-Five Dollars ($25) per incident. quantities of Yard Debris. Rejection of Garbage, Recyclables or Twenty-Five Dollars ($25) per incident. Compostables without providing documentation to the Customer of the reason for rejection. Failure to deliver Detachable Containers to Fifty Dollars ($50) per Container per day. new Commercial Customers within three (3) business days. Failure to deliver carts, Detachable Fifty Dollars ($50) per Container per day. Containers, or Drop-Box Containers within three (3) business days of request to Multi- Family Complex or Commercial Customers. Failure to deliver Garbage, Recycling or Fifteen Dollars ($15) per Container per City of Auburn 61 February 2011 Solid Waste Collection Contract ACTION OR OMISSION AMOUNT Compostables Carts within seven (7) days of day. request to Single-Family Residence Customers. Substantial misrepresentation by Contractor Five Thousand Dollars ($5,000) per in records or reporting. incident. Failure to provide required reports on time. Two Hundred Fifty Dollars ($250) per incident. Failure to maintain clean and sanitary Fifty Dollars ($50) per incident, up to Containers, vehicles, and facilities. maximum of One Thousand Dollars ($1,000) per inspection. Landfilling or incineration of Recyclables or One Thousand Dollars ($1,000) per Compostables in violation of Section 2.1.11 vehicle, per incident. without the express written permission of the C ity. Failure to meet recycling processing One Thousand Dollars ($1,000) per performance requirements of Section 2.1.11. month, for any occurrence during that month. Failure to meet Average Speed of Answer and Two Hundred Fifty Dollars ($250) per Abandon% performance customer service incident. requirements. These are based on monthly averages and monthly occurrences. The parties acknowledge the difficulty in anticipating actual damages to remedy the damage. The parties further agree that the performance fees listed in this Section represent a reasonable estimate of the loss likely to result from the remedy for the damage. 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, except for those listed breaches set forth above, the City 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 the City's ability to terminate this Contract as described in Section 4.2. Performance fees, if assessed during a given month, shall be invoiced by the City to the Contractor. Performance fees may be levied only if documented in an incident report presented by the City to the Contractor. Performance fees shall only be City of Auburn 62 February 2011 Solid Waste Collection Contract assessed after the Contractor has been given the opportunity, but has failed to rectify the deficiencies of which it has been notified. The Contractor shall pay the City the invoiced amount within thirty (30) days of billing. Failure to pay performance fees shall be considered a breach of this Contract. Any performance fees imposed under this Section may be appealed by the Contractor to the City. The Contractor shall be allowed to present evidence as to why the amount of performance fees should be lessened or eliminated. The decision of the City shall be final. 4.2 Contract Default The Contractor shall be in default of this Contract if it violates any provision of this Contract. In addition, the City reserves the right to declare the Contractor to be in default in the event of any violation, which shall include, but not be limited to, the following: (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 October 1, 2011, or for a period of more than five (5) consecutive days at any time during the term of this Contract. (2) The Contractor fails to obtain and maintain any permit required by the City, King County, or any federal, state or other regulatory body in order to collect materials under this Contract. (3) The Contractor's noncompliance creates a hazard to public health or safety. (4) The Contractor repeatedly or persistently acts or fails to act in a manner that is subject to performance fees in excess of twenty-five thousand dollars ($25,000.00) during any consecutive twelve (12) month period. (5) The Contractor fails to maintain, in good standing, surety and insurance required by this Contract. The City reserves the right to pursue any remedy available at law for any default by the Contractor. In the event of default, the City 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, the City 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 the City to remedy the stated reason and the efforts continue in good faith, the City 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 the City to remedy the stated reason, then the City may at its option terminate this Contract. City of Auburn 63 February 2011 Solid Waste Collection 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 the City for noncompliance, and fails to correct the same, the City, after the initial ten (10) days notice, may 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 its performance bond. Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue the services provided under this Contract. The surety may, at its option, within ten (10) days from such written notice, assume the services provided under this Contract that the City 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. Pending consideration by the surety of said option to assume the services provided under this Contract, the City may employ such work force and equipment as it may deem advisable to continue the services provided under this Contract. The cost of all labor, equipment and materials necessary for such services provided under this Contract shall be paid by the Contractor in full. In the event that the surety fails to exercise its option within the ten (10) day period, the City may complete the services provided under this Contract or any part thereof, either through its own work force or by contract, and to procure other vehicles, equipment and facilities necessary for the completion of the same, and to charge the same to the Contractor and/or surety, together with all reasonable costs incidental thereto. The City shall be entitled to recover from the Contractor and its surety as damages all expenses incurred, including reasonable attorney's 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 the City. If City employees provide Garbage, Compostables and/or Recyclables collection, the actual incremental costs of City labor,, overhead and administration shall serve as the basis for a charge to the Contractor. 4.3 Availability of Collection Vehicles All vehicles, facilities, equipment and property used by the Contractor shall be listed in an inventory supplied to the City and updated annually ("Contractor's Inventory"). Unless an approved replacement or substitute is provided, all vehicles, facilities, equipment and property identified in the Contractor's Inventory for use in the performance of this Contract shall be available for the City's use in the case of default in collecting Solid Waste, Recyclables and Compostables in the City for the duration of this Contract; when provided, this Section applies to any replacement or substitute. Rent for the City's use of Contractor's Inventory shall be negotiated between the parties based upon the historical cost of the inventory less any accumulated depreciation. Disputes shall be resolved in accordance with this Contract. City of Auburn 64 February 2011 Solid Waste Collection Contract 5. NOTICES All notices required or contemplated by this Contract shall be personally served or mailed (postage prepaid and return receipt requested), addressed to the parties as follows: To City: Finance Director City of Auburn 25 West Main Street Auburn, WA 98001 with copy to: City Clerk City of Auburn 25 West Main Street Auburn, WA 98001 To Contractor: Municipal Contracts Manager Waste Management of Washington Inc. 801 2°d Avenue, Suite 614 Seattle, WA 98104 6. GENERAL TERMS 6.1 Collection Right The Contractor shall be the exclusive provider with which the City shall contract to collect Garbage, Compostables and Recyclables and construction/demolition materials placed in Contractor-owned Containers and set out in the regular collection locations within the City Service Area. The Contractor may independently enforce its rights under this Contract against third-party violators, including but not limited to seeking injunctive relief. The City will use good faith efforts to cooperate in such enforcement actions, but shall not be required to join in any litigation, or to take any- code or franchise enforcement action. This contract provision will not apply to: Garbage, Recyclables or Compostables self-hauled by the generator; Source-Separated Recyclables hauled by common or private carriers (including drop-off recycling sites) from Commercial premises that contain at least ninety percent (90%) recyclable materials; construction/demolition waste hauled by self-haulers or construction contractors in the normal course of their business; Garbage, Recyclables or Compostables handled by retailers or maintenance services whose primary business involves providing services unrelated to Curb collection services (e.g. carpet installers, furniture delivery/pick-up, site clean-up services which include loading/sweeping, etc.); Compostables generated and hauled by private landscaping services; or Compostables hauled by common or private City of Auburn 65 February 2011 Solid Waste Collection Contract carriers from Commercial premises that contain at least ninety percent (90%) Compostable materials. The Contractor shall retain responsibility for Garbage, Recyclables, construction/demolition materials and Compostables once these materials are placed in Contractor-owned Containers and the Contractor shall have no responsibility for these materials prior to the time they are placed in Contractor-owned Containers. The Contractor. shall retain revenues it gains from the sale of Recyclables, construction/demolition materials or Compostables. Likewise, a tipping or acceptance fee charged for Recyclables, construction/demolition materials or Compostables shall be the financial responsibility of the Contractor. The City shall work with the Contractor, other haulers and processors, and other regional governments to develop a reasonable definition of what constitutes legitimate construction/ demolition recycling for the purposes of interpreting collection authorities. Once a reasonable recycling threshold or "test" is developed with King County, the City and Contractor shall negotiate and amend this Agreement accordingly. 6.2 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 the City. In addition, the Contractor shall, during the Contract term, and at least five (5) years thereafter, maintain in an office in Washington State reporting records and billing records pertaining to 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. The City shall be allowed access to these records for audit and review purposes. 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. 6.3 Contractor to Make Examinations The Contractor has made its own examination, investigation and research regarding proper methods of providing the services required under this Contract, and all conditions affecting the services to be provided under this Contract, and the labor, equipment and materials needed thereon, and the quantity of the work to be performed as set forth by the Contract. The Contractor agrees that it has satisfied itself based on its own investigation and research regarding all of such conditions, that its conclusion to enter into this Contract is based upon such investigation and City of Auburn 66 February 2011 Solid Waste Collection Contract research, and that it shall make no claim against the City because of any of the estimates, statements or interpretations made by any officer or agent of the City that may be erroneous. With the exception of Force Majeure events or as otherwise provided in this Contract, the Contractor assumes the risk of all conditions foreseen and unforeseen, and agrees to continue to provide services under this Contract without additional compensation under whatever circumstances may develop other than as provided herein. 6.4 Insurance The Contractor shall procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the services provided under this Contract hereunder by the Contractor, their agents, representatives, employees or subcontractors. The cost of such insurance shall be paid by the Contractor. Failure to make insurance payments and to keep policies current shall be cause for contract default in accordance with Section 4.2. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 6.4.1 Minimum Scope of Insurance 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. The policy shall be endorsed to provide contractual liability coverage. The City shall be named as an additional insured under the Contractor's Automobile Liability insurance policy with respect to the work performed for the City, using ISO additional insured endorsement CG 20 48 02 99 or a substitute endorsement providing equivalent coverage. (2) Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability City of Auburn 67 February 2011 Solid Waste Collection Contract i i assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City, using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. I (3) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (4) Contractor's Pollution Liability insurance coverage ("occurrence" form) covering any claim for bodily injury, personal injury, property damage, cleanup costs and legal defense expense applying to all work performed under the contract. 6.4.2 Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: (1) Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. (2) Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. (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 $3,000,000 combined single limit per occurrence for bodily injury, personal injury, property damage, cleanup costs and legal defense expense. 6.4.3 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. In the event the deductibles or self-insured retentions are not acceptable to the City, the City reserves the right to negotiate with the Contractor for changes in coverage deductibles or self- insured retentions; or alternatively, require the Contractor to provide City of Auburn 68 February 2011 Solid Waste Collection Contract evidence of other security guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.4.4 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: (l) The Contractor's insurance coverage shall be the primary insurance with respect to the City, its officials, employees and volunteers. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. (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) The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4.5 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VIII. 6.4.6 Verification of Coverage The Contractor shall furnish the City with original certificates including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 6.4.7 Subcontractors The Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor in advance of work being performed by each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. City of Auburn 69 February 2011 Solid Waste Collection Contract 6.4.8 ACORD Form The policy shall be endorsed to provide the following revised language at the bottom of the ACORD Form: Replace: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company shall endeavor to mail thirty (30) days written notice to the below named Certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company." With the following: "Should any of the above described policies be canceled, lapse, or be reduced as to coverage before the expiration date thereof, the issuing company shall mail thirty (30) calendar days prior written notice to the below named Certificate j holder and Additional Insured, the City of Auburn, by certified mail." 6.5 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 the City in the amount of five hundred thousand dollars ($500,000.00). The bond, letter of credit or other similar instrument shall be issued for a period of not less than one year, and the Contractor shall provide a new bond, letter of credit or similar instrument, and evidence satisfactory to the City 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. The City 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. Failure to make bond payments and to keep the bond current shall be cause for contract default in accordance with Section 4.2. 6.6 Indemnification 6.6.1 Indemnify and Hold Harmless The Contractor shall indemnify, hold harmless and defend the City, its elected officials, officers, employees, volunteers, agents 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 in defense thereof, or injuries, sickness or death to persons, or damage to property, which is caused by or arises out of the Contractor's exercise of duties, rights and privileges granted by the Contract, provided, however, that the Contractor's obligation to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from concurrent willful or negligent acts or actions of the City of Auburn 70 February 2011 Solid Waste Collection Contract Contractor and the City shall apply only to the extent of the Contractor's negligence. 6.6.2 Notice to Contractor; Defense In the event an action is brought against the City for which indemnity may be sought against the Contractor, the City shall promptly notify the Contractor in writing. The Contractor shall have the right to assume the investigation and defense, including the employment of counsel and the payment of all expenses. On demand of the City, the Contractor shall at its own cost and expense defend, and provide qualified attorneys acceptable to the City under service contracts acceptable to the City to defend, the City, its officers, employees, agents and. servants against any claim in any way connected with the events described in Section 6.6.1. The City shall fully cooperate with the Contractor in its defense of the City, including consenting to all reasonable affirmative defenses and counterclaims asserted on behalf of the City. The City may employ separate counsel and participate in the investigation and defense, but the City 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, and if the City employs separate counsel the City shall assert all defenses and counterclaims reasonably available to it. 6.6.3 Industrial Insurance Immunity Waiver With respect to the obligations to hold harmless, indemnify and defend provided for herein, as they relate to claims against the City, its elected officials, officers, employees, volunteers, agents and representatives, 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. 6.7 Payment of Claims The Contractor agrees and covenants to pay promptly as they become due all just claims for labor, supplies and materials purchased for or furnished to the Contractor in the execution of this contract. The Contractor shall also provide for the prompt and efficient handling of all complaints and claims arising out of the operations of the Contractor under this contract. 6.8 Confidentiality of Information Under Washington State law, the documents (including but not limited to written, printed, graphic, electronic, photographic or voice mail materials and/or City of Auburn 71 February 2011 Solid Waste Collection Contract transcriptions, recordings or reproductions thereof) prepared in performance of this Contract (the "documents") and submitted to the City are public record subject to mandatory disclosure upon request by any person, unless the documents are exempted from public disclosure by a specific provision of law. If the City receives a request for inspection or copying of any such documents, it shall promptly notify the Contractor at the notice address set forth in Section 5 herein and shall give the Contractor ten (10) working days from the date of mailing of such notice to obtain an injunction prohibiting or conditioning the release of the documents. The City assumes no contractual obligation to enforce any exemption. 6.9- Assignment of Contract 6.9.1 Assignment or Pledge of Moneys by the Contractor The Contractor shall not assign or pledge any of the moneys due under this Contract without securing the written approval of the surety on the performance bond and providing at least thirty (30) calendar days prior notice to the City 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. 6.9.2 Assignment, Subcontracting, Delegation of Duties and Change in Control The Contractor shall not assign or subcontract any of the work or delegate any of its duties under this Contract without the prior written approval of the City and submittal of proof of insurance coverage. When requested, approval by the City of a subcontract or assignment shall not be unreasonably withheld. In the event of an assignment, subcontracting 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 the City for the satisfactory performance of the work assumed. The City may condition approval upon the delivery by the assignee, subcontractor or other obligor of its covenant to the City to fully and faithfully complete the work or responsibility undertaken. In addition, the assignee, subcontractor or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Contract. The City may terminate this Contract if the assignee, subcontractor or obligor does not comply with this clause. Furthermore, the assignee, subcontractor or obligor shall be subject to a one (1) year evaluation period City of Auburn 72 February 2011 Solid Waste Collection Contract during which the City may terminate this Contract on the basis of any material breaches of the terms binding the Contractor. For the purposes of this contract, any Change in Control of the Contractor shall be considered an assignment subject to the requirements of this section. Nothing herein shall preclude the City 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. Contractor may assign this Contract to another subsidiary or affiliate of Contractor upon the City's consent, which shall not be unreasonably withheld, provided Contractor can demonstrate that its subsidiary or affiliate is a corporate entity based in Washington State with operations based in Washington State. 6.10 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. 6.11 Compliance With Law The Contractor, its officers, employees, agents and subcontractors shall comply with applicable federal, state, county, regional or local laws, statutes, rules, regulations or ordinances, including those of agencies having jurisdiction over the subject matter of this Contract, in performing its obligations under the Contract. Such compliance shall include abiding by all applicable federal, state and local policies to ensure equal employment opportunity and non-discrimination. The Contractor shall comply with all applicable laws pertaining to employment practices, employee treatment and public contracts. 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 the City from all damages assessed for the Contractor's failure to comply with the Acts and Standards issued therein. The Contractor is also responsible for meeting all pertinent 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. 6.12 Non-Discrimination City of Auburn 73 February 2011 Solid Waste Collection Contract The Contractor will not discriminate against any employee or applicant for employment because of age, race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion, race, color, sex, national origin, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to the following: employment upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, any required notices setting forth the provisions of this non-discrimination clause. The Contractor understands and agrees that if it violates this non-discrimination provision, this Contract may be terminated by the City and further that the Contractor shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactorily to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. 6.13 Permits and Licenses The Contractor and subcontractors shall secure a City business license if required and pay fees and taxes levied by the City. The Contractor shall have or obtain all permits and licenses necessary to provide the services herein at its sole expense. The Contractor shall be solely responsible for all taxes, fees and charges incurred subject to the threshold provided for in Section 3.2.4, 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. 6.14 Relationship of Parties The City and the Contractor expressly agree that the full extent of the relationship between the Contractor and the City is that the Contractor is at all times an independent contractor of the City with respect to 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 the City. 6.15 Contractor's Relationship with Customers The Contractor shall not separately contract with Customers for any services covered under this contract. The Contractor is specifically allowed to negotiate separate City of Auburn 74 February 2011 Solid Waste Collection Contract agreements with Customers for compactor leasing, Commercial Recycling or Compostables collection services, or other related services 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 City contract. These separate agreements must be in writing and shall in no way supersede this contract. These separate agreements cannot have durations any longer than the final date of this contract's term, since the City may, at its sole option, regulate similar or identical services in the successor to this contract. 6.16 Bankruptcy It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Contract, at the option of the City, may be terminated effective on the day and at the time the bankruptcy petition is filed. 6.17 Right to Renegotiate/Amendment The City shall retain the right to renegotiate this Contract or negotiate contract amendments based on City policy changes, state statutory changes or rule changes in King County, Washington State or federal regulations regarding issues that materially modify the terms and conditions of the Contract. The City may also renegotiate this Contract should any Washington State, King 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 the City in the event the City wishes to change disposal locations or add additional services 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, alteration or modification, executed by authorized representatives of the City and the Contractor. 6.18 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 terrorism, acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, wars, blockades, public riots, explosions, 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 ("Force Majeure"). If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this Contract, it shall promptly give the City written notice of the Force Majeure event, describing it in reasonable detail. The Contractor's obligations under this City of Auburn 75 February 2011 Solid Waste Collection Contract Contract shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure event and only for the period during which the Force Majeure event exists. 6.19 Illegal Provisions/Severability At the discretion of the City, if any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 6.20 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. 6.21 Entirety This Contract and the attachments attached hereto and incorporated herein by this reference, specifically Attachments A-C, represent the entire agreement of the City 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. WITNESS THE EXECUTION HEREOF on the day and year first herein above written. WASTE MANAGEMENT OF CITE' OF AUBURN WASHINGTON, INC. By: By: Dean Kattler, Vice President Peter B. Lewis, Mayor 13225 NE 126th Place Kirkland, WA 98034 ATTEST: Danielle Daskam, City Clerk City of Auburn 76 February 2011 Solid Waste Collection Contract APPROVED AS TO FORM: Daniel B. Heid, City Attorney Attachments: A. Service Area Map B. Contractor Rates C. Rate Modification Examples City of Auburn 77 February 2011 Solid Waste Collection Contract Attachment A r - Solid Waste Service Area 77', I+' .rT Y / c F fa'ei 167 .:A - i 1 I X18 ~ ~ , ~ 17 I 1 t I. J Auburn City Limits Ann-tion Areas I ' 1 Y_rviae Area t i _ I City-of Auburn Attachments January 2011 Attachment B Attachment B: Contractor Rates City of Auburn Garbage and Com stables service Pees Pounds )Monthly) (Monthly) Total Per Collection Disposal Service Service Class Unit Fee Fee Fee Residential Services Weekly Service: 1 10 Gal. Microcan 9.38 S 6.95 $ 1.93 S 8.88 1 20 Gal. Cart 15.64 $ 6.84 S 3.22 S 10.06 1 35 Gal.Cart 21.90 S 7.85 S 4.12 S 11.97 1 64 Gal.Cart 40.04 S 11.92 S 8.24 S 2016 1 96 Gal.Cart 60.06 S 14.49 S 12.36 S 26.85 "Extra" 32 Gal. Can/Bag each 20.02 S 173 S 0.95 $ 4,68 Coin ostables service: Basic Com ostables Service - 96 gallon 45.00 S 7.11 5 S 7.11 64 gallon Com stables Service S 6.61 5 S 6.61 35 gallon Cam ostables Service S 6,11 5 S 6.11 Extra Com ostables Cans/Bas each 24.00 S 2 31 S $ 2.31 Extra 96 Gallon Comp, Cart Rent + Coll. 45.00 $ 3.68 $ S 3.68 Redelivery of Compostables Cart if cancel & restart within seven months, per section 2.2.3.2 S i 7.00 S S 17.00 Miscellaneous Fees: Carry-out Surcharge all service levels S 5.84 S S 5.84 Compostable Cart Cleaning/Deodorizing,, per section 2.2.3.2 $ 10.00 S S 10.00 Return Tr Fee $ 14.96 S $ 14.96 On-Cali Bulky Waste Collection Appliances non-refri erant 100.00 S 53.44 S 477 S 58.21 Refrigerators/Freezers 175.00 S 53.44 S 8.34 S 61.78 Sofa 100.00 S 5344 $ 4,77 $ 58.21 Chair 75.00 S 35.61 S 3.57 $ 39.18 Mattress or Box S rims 50.00 S 26.11 S 2.39 $ 28.50 Tires: Autc/ ht Truck 35.00 S 17.81 S 1.66 S 19.47 Bus/Heavy Truck 70.00 S 17,81 S 3.34 S 21.15 Additional for Rims or Wheels 15.OD S 13.04 S 0.72 S 13.76 Miscellaneous, per cubic and 500.00 S 64,15 $ 23.82 5 87.97 Temporary Container Service Temp. 2 Yard Container 345.00 $ 32.47 $ 1644 $ 48.91 Dail Rent $ 1.28 S $ 1.28 Delivery Fee S 36.82 5 S 36.82 Temp, 4 Yard Container 690.00 S 44 34 S 32.88 S 77.22 Dail Rent $ 128 S $ 128 Delivery Fee S 36.82 S S 36.82 Temp. 6 Yard Container 1,035.00 5 56.23 $ 49,31 S 10554 Daily Rent $ 1.28 S $ 1 28 Delivery Fee $ 36.82 $ - S 36.82 2 City of Auburn Attachments January 2011 Attachment B: Contractor Rates City of Auburn Garbage and Compostabloe Service Fees Pounds (Monthly) (Monthly) Total Per Collection Disposal Service Service Class Unit Fee Fee Fee Commercial/Muftl-Famfry Cans & Carts Week Service: 1 10 Gal. Microcan 9.38 S 6.78 S 1.93 S 871 1 20 Gal. Cart 15.64 S 6,84 S 3,22 S 10.06 1 35 Gal.Cart 21.90 5 7.85 S 4.12 S 11.97 1 64 Gal.Cart 40.04 S 11.12 5 8.24 5 19.36 1 96 Gal.Cart 60.06 $ 14.40 $ 1236 S 26.76 "Extra" 32 Gal, Can/8a each 20.02 S 3.73 S 0.95 S 478 Miscellaneous Services: Return Trip S 14.83 S S 14.83 Carry-Out Service (per can $ 1.26 S S 1.26 Roll-Out Container S 14.15 S S 14.15 Com ostable Cart Cleaning Deodorizing 10.00 S $ 10.00 Pressure Washing (per yard) S 2.34 $ $ 2,34 CommerciatIMF Uncom acted Containers 7 cu. Yd. Uncom acted 1 pickup/week 111.59 $ 60.39 $ 22.97 S 83.36 2 pickups/week 223 18 S 110 80 S 45.94 S 158.74 3 pickups/week 334.77 S 161.19 S 68.91 S 23010 4 icku shveek 446.36 $ 211.60 $ 91.88 S 303.48 5 icku ek 557.95 $ 262 02 S 114.84 S 37686 1.5 Cu. Yd. Uncom cted 1 pickup/week 167.39 S 76.07 S 34.45 $ 110.52 2 icku -/week 334 77 S 128.17 S 68.91 S 197.08 3 icku sh%,/eek 502,16 $ 185.90 S 103.36 5 289.26 4 icku sNveek 669.54 S 243 63 S 137.81 S 381 44 5 icku siweek 836,93 $ 301.34 5 172 27 S 473.61 2 Cu. Yd- Uncom acted 1 icku /week 223.18 5 80 52 S 4594 S 126.46 2 pickups/week 446.36 S 145.56 S 91.88 S 237.44 3 icku s/week 669.54 $ 210.62 $ 137.81 S 348,43 4 icku V veeek 892.72 $ 275 67 S 183.75 $ 459 42 5 icku stweek 1,115.90 S 340.70 S 229 69 S 570.39 3 Cu. Yd. Uncom acted 1 icku /week 334.77 5 107.13 $ 68.91 S 17604 2 pickups/week 669,54 S 195,57 5 137.81 S 33338 3 icku shveek 1,004.31 5 284.00 5 206.72 S 49072 4 icku ,hveek 1,339.08 S 372.45 S 275.63 S 64808 5 icku &Nveek 1 673 85 S 460 91 S 344 53 S 805 44 4 Cu Yd. Uncom acted 1 pickup/week 446 36 S 128 62 S 91.88 $ 22050 2 icku shweek 892.72 $ 235.35 5 183.75 S 419.10 3 icku shaeek 1,339.08 S 34207 S 275.63 5 617,70 4 pickup-(week 1,785.44 S 448.82 S 367.50 S 81632 5 icku sleek 2,231 80 5 555.53 S 459.38 S 1.01491 6 Cu. Yd. Uncom acted 1 pickup/week 669.54 S 174 83 S 137.81 $ 31264 2 icku sWeek 1,339.08 S 321.04 S 27563 S 59667 3 icku shveek 2,008.62 S 467.26 S 413.44 S 880 70 4 icku -/week 2,678.16 $ 613.45 S 551.25 S 1.164.70 5 icku siweek 3,34770 S 759 68 S 689 06 S 1,448.74 3 City of Auburn Attachments January 2011 Attachment B: Contractor Rates City of Auburn Garbage and Compostablea Service Fees [1' (Monthly) (Monthly) Total Collection Disposal Service Service Class Fee Fee Fee Cornmerciai/MF Uncom acted Containers 8 Cu. Yd. Uncom acted 1 icku !week S 209.87 S 183.75 S 393.62 2 icku stweek S 387.53 S 367.50 $ 755.03 3 icku slweek 2,678.16 S 565.19 S 551 25 S 1,116.44 4 icku shveek 3570,88 S 742.86 S 735.00 $ 1.477.86 5 pickups/week 4 463.60 S 920,50 S 918.75 S 1.839,25 Return Trip Charge - All Commercial Areas $ 14.48 S - S 14.48 Compacted Containers 1 Cubic Yard Container 334.77 S 100.60 S 68.91 S 169.51 2 pickup/week 669.54 S 201.55 S 137.81 S 339.36 1.5 Cubic Yard Container 502.16 $ 132.75 5 103.36 S 236.11 2 pickup/week 1,004,31 $ 265.93 S 206.72 $ 472.B5 2 Cubic Yard Container 669.54 S 150.85 S 137.31 S 288.66 2 icku /week 1 339.08 $ 302.16 $ 275.63 $ 577.79 3 Cubic Yard Container 1 004.31 S 209.20 S 20832 S 415.92 2 icku tweek 200862 S 419.04 S 413.44 S 83248 4 Cubic Yard Container 133908 S 261,16 S 27563 S 536.79 2 pickup/week 2678.16 S 523.06 S 551.25 S 1,07431 3 icku tweek 4017,24 S 825.47 S 826.88 $1,652.35 5 Cubic Yard Container 1,673.85 S 438.01 S 344.53 $ 78254 2 icku ek 3347.70 $ 877.03 $ 689.06 $ 1,566.09 6 Cubic Yard Container 2 008 62 S 500.19 S 413 44 S 913.63 2 pickup/week 4 017 24 S 1,000.41 S 826.88 S 1.827.29 Extra Uncom acted Cubic Ye rd/Pickup 111.59 $ 2.21 $ 22.97 $ 25.18 Special Pickup 1 Yd Special pickup 111.59 S 64.47 S 5.30 S 69,77 1.5 Yd Special pickup 167,39 S 64.47 S 7.95 S 72.52 2 Yd Special pickup 223.18 S 64.47 S 10.60 $ 75 27 3 Yd Special pickup 334.77 S 64,85 S 15.90S 80.75 4 Yd Special icku 446.36 $ 65.02 $ 21,20$ 86.22 6 Yd Special pickup 669,54 $ 65.40 S 31.80 $ 97,20 8 Yd Special pickup 892.72 $ 65.75 S 42.40 $ 108.15 Special Pickup - Compacted Containers 1 Yd Special pickup 334.77 $ 69.64 S 15.90 S 85.54 1,5YdSpecial pickup 502.16 $ 72.65 S 23,85 S 96.50 2 Yd Special pickup 669.54 S 75 66 S 31.80 $ 107.46 3 Yd Special pickup 1,004.31 S 81.67 S 47.70 S 129.37 4 Yd Special pickup 1,339.08 S 87.68 S 63.61 S 15119 6 Yd Special pickup 2,008.62 $ 121.62 $ 95.41 S 217.03 CommerciailMultlfamil Com ostables 1 96-gallon cart, weeks collection 45.00 S 8.90 S S 8.90 1 64-gallon cart, week! collection $ 8.40 S S 8.40 1 35- anon cart weekly collection S 7.90 S S 7,90 1 1-Cubic Yard Container, weekly 105.45 S 64.12 S S 64.12 1 2-Cubic Yard Container, week! 216.90 S 83 89 5 S 83.89 1 extra cubic and 108.45 S 20.74 S S 20,74 1 and Com ostables extra service S 20.91 S S 20.91 2 and Com ostables extra service S 41.32 $ $ 41 82 4 City of Auburn Attachments January 2011 Attachment B: Contractor Rates City of Auburn Garbage and Compostables Service Fees Daily Monthly Container Container Charge Service Class Rental Rental per Haul Drop-box Collection ' Non-compacted Service 1 20 Cu. Yd. Container $ 41.44 S 89.09 1 30 Cu. Yd. Container 5 53.29 $ 89.09 1 40 Cu. Yd. Container S 65.13 S 89.09 Compacted Service 18-25 Cu. Yd. Container S 108.12 1 30 Cu. Yd. Container S 108.12 1 40 Cu. Yd. Container 5 108,12 Drop-box (Temporary) 1 20 Cu, Yd, Container S 2.05 S 62,1515 10.92 1 30 Cu. Yd,, Container S 2.64 S 79.95 $ 106.92 1 40 Cu. Ydontainer S 2.94 5 88.83 S 106.92 "Applicable disposal fees Will be assessed at 15% more than the gate rate at the appropriate disposal site. Total Service Service Class Fee Additional Services Per mile charge for hauls over 15 miles 5 2.34 Return Trip - Drop-box S 29.67 Solid Drop-box Lid Charge per month) S 11,87 Pressure Washing (per yard) S 2.34 Stand-By Time (per minute) $ 2.34 Hourly Rates RearlSide Load Packer & Driver S 109.30 Front Load Packer & Driver S 109.30 Drop Sox Truck & Driver S 109,30 Additional Labor (per person) S 59.38 5 City of Auburn Attachments January 2011 Attachment C Rate Modification Examples The collection and disposal components of the Customer charges listed in Attachment B shall be adjusted separately. The collection component of Customer charges will be adjusted annually, pursuant to Section 3.2.1, as described below. The disposal component of the Customer charges listed in Attachment B will be adjusted only if the City receives notification from the County of a pending disposal fee adjustment, and shall not become effective until the new disposal charges become effective and are actually charged to the Contractor. Formulas for both collection and disposal rate adjustments are provided as follows: Collection Component Adjustment The collection component listed in Attachment B will be increased or decreased by the amount of the CPI change: NCC = PCC x I + nCPI - oCPI oCPI Where NCC = The new collection charge component of the customer rate for a particular service level; and PCC = The previous collection charge component of the Customer rate for a particular service level; and nCPI = The most recent August 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 August 2011. Disposal Component Adjustment In the case of a disposal fee modification at County disposal facilities, the disposal component of each service level will be adjusted as follows: Step 1: A = ODC x NTF OTF Step 2: NDC = A + [(A - ODC) x CETR] Where NDC = The new disposal charge component of the customer rate for a particular service level; and 6 City of Auburn Attachments January 2011 ti t NTF = The new disposal fee, dollars per ton; and ODC = The old disposal charge component of the customer rate Y for a particular service level; OTF = The old disposal fee, dollars per ton; Ad 6 A = Pre-excise tax adjusted disposal component; and t I CETR = Current excise tax rate (the current State excise tax rate; 0.015 used for this example). For example, using the initial one 35-gallon cart rate of $11.97 per month: if the previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will increase from $95 to $105 per ton starting on January 1, 2013, the old disposal component is $4.12, and the State Excise Tax rate is 0.018, the January 1, 2013 Customer charge for one 35-gallon cart per week Residential Curbside service would be: (144.3-143.2) New Collection Component = $7.85 x [1+ $7.93 (143.2) New Disposal Component = [$4.12 x (105/95)] plus excise tax adjustment of $0.02 = $4.59 Thus, the new Customer charge for one 35-gallon cart per week Residential Curbside service will be $7.93 plus $4.59, equaling $12.52. 7 City of Auburn Attachments January 2011