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RESOLUTION NO.3 9 2 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH KENT
MERIDIAN DISPOSAL COMPANY REGARDING SOLID WASTE
COLLECTION ACTIVITIES IN CURRENT ANNEXATION AREAS
WHEREAS, the City has asserted authority for regulating solid waste
collection services and rates within its corporate boundaries and exercises this
authority through franchises and contracts with service providers; and
WHEREAS, RCW 35A.14.900 sets procedures through which annexing
municipalities such as the City can assert authority over annexed areas
previously served through a WUTC certificate of convenience and necessity.
These procedures allow for compensation to the certificate holder in exchange
for the cancellation of their property rights in annexed areas; and
WHEREAS, this Agreement asserts municipal jurisdiction and control
over all solid waste collection activities in current annexation areas served by
Kent Meridian Disposal Company under their certificate of convenience and
necessity and provides a specified term of franchise as compensation for each
annexation area, according to the provisions of this Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. That the Mayor and City Clerk are authorized to
execute an agreement in substantial conformity with the Agreement attached
hereto, marked as Exhibit "A" and incorporated herein by this reference.
Resolution No. 3927
October 10, 2005
Page 1 of 2
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary
to carry out the directives of this resolution.
Section 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
DATED and SIGNED THIS \ 1\(.1,,, DAY OF (')(' -h>bev
,2005.
N
PETER B. LEWIS
MAYOR
ATTEST:
/Oa.J.AI ~-Uo~~
Damelle E. Daskam,
City Clerk
APPROVED AS TO FORM:
iel B. Heid,
City Attorney
Resolution No. 3927
October 10, 2005
Page 2 of 2
City of Auburn Comprehensive Agreement for Solid Waste
Collection in Annexed Areas
City of Auburn
And
Kent Meridian Disposal Company
Effective January 1, 2006
tfll .
This agreement, entered into this 1 /' day of)fI',I.t/.1cU./ ,2005, by and between the
City of Auburn (the "City") and Kent Meridian Disposal (the "Contractor").
RECITALS
WHEREAS, the City has asserted authority for regulating solid waste collection services and
rates within its corporate boundaries and exercises this authority through franchises and contracts
with service providers.
WHEREAS, Kent Meridian Disposal Company is a private business that collects Solid Waste from
residential and commercial locations in the unincorporated area of King County contiguous to the City
pursuant to Certificate of Convenience and Necessity No. G-60 issued by the Washington Utilities and
Transportation Commission (WUTC). The right to collect Solid Waste under this certificate is
considered a property right;
WHEREAS, certain portions of unincorporated King County have been annexed into the municipal limits
of the City, in accordance with Washington State statutory authority and procedure.
WHEREAS, RCW 35A.14.900 sets procedures through which annexing municipalities such as the City
can assert authority over annexed areas previously served through a WUTC certificate of convenience
and necessity. These procedures allow for compensation to the certificate holder in exchange for the
cancellation of their property rights in annexed areas;
WHEREAS, this Agreement asserts municipal jurisdiction and control over all solid waste collection
activities in current areas served by Kent Meridian Disposal Company under their certificate of
convenience and necessity and provides a specified term of franchise as compensation for each
annexation area, according to the provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein
contained, City and Contractor do hereby agree as follows:
ARTICLE I - DEFINITIONS
Administrator: The word "Administrator" means the official of the City holding the office of Finance
Director, or their designated representative.
Cart: The word "Cart" means a City-approved wheeled cart that is a plastic container with 64 or 96
gallons of capacity; designed for and used with a hydraulic lifting mechanism; weighing not over fifty
pounds per 32 gallon capacity when full; fitted with a sturdy handle and a cover; be rodent and insect
resistant; and be capable of holding collected liquids without spilling when in an upright position.
City: The word "City" means the City of Auburn, King County, Washington.
City Sen'ice Area: The term "City Service Area" means the portion of the City subject to this Contract
for services, provided as Attachment A to this Contract.
Resolution No. 3927 Exhibit "A"
October 12,2005
Page I
Commercial Customer: The term "Commercial Customer" means non-residential customers including
businesses, institutions, governmental agencies and all other users of commercial-type Garbage or
Recyclables collection services.
Commercial Recyclables: The term "Commercial Recyclables" means aluminum cans; corrugated
cardboard; glass containers; recyclable plastic containers which have contained non-hazardous products,
Mixed Paper; newspaper; polycollted cartons; Scrap Metals; tin cans; and such other materials that the
City and Contractor determine to be recyclable,
Contractor: The word "Contractor" means Kent Meridian Disposal Company, which has contracted
with the City to collect and dispose of Garbage and to collect, process, market and transport Recyclables
and Yard Debris.
Curb or Curbside: The words "curb or curbside" mean on the homeowners' property, within five feet of
the Public Street 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.
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
which is not less than one cubic yard nor greater than eight cubic yards in capacity.
Drop-box Container: The term "Drop-box Container" means an all metal container with ten cubic yard
or more capacity which is loaded onto a specialized collection vehicle, transported to a disposal or
recycling site, emptied and transported back to the customer's site.
Force Majeure: The term "Force Majeure" means acts of God, fire, explosion, accident, flood,
earthquake, epidemic, war, riot rebellion, restraints or injunctions, or other legal processes from which a
party affected cannot reasonably relieve itself by security or otherwise.
Garbage: The word "Garbage" means all putrescible and nonputrescible solid and semi-solid wastes,
including, but not limited to, rubbish, ashes, industrial wastes, swill, 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 Special Wastes, or Source-
separated Recyclables and Yard Debris.
Garbage Can: The term "Garbage Can" means a City-approved container that is a water-tight
galvanized sheet metal or plastic container not exceeding four cubic feet or thirty-two (32) gallons in
capacity; weighing not over fifteen (15) pounds when empty or fifty (50) pounds when full; fitted with
two sturdy handles, on each side; and a tight cover equipped with a handle. All containers shall be
rodent and insect proof and kept in sanitary condition at all times.
King County Disposal System: The term "King County Disposal System" means the areas owned,
leased or controlled by the King County Solid Waste Division, King County, Washington (per the City of
Auburn/King County Interlocal Agreement) for the disposal of Garbage, or such other site as may be
authorized by the King County Comprehensive Solid Waste Management Plan and approved by the City.
Mixed Paper: The term "Mixed Paper" means magazines, junk mail, phone books, bond or ledger
grade, cardboard and paperboard packaging and other fiber-based materials meeting industry standards.
Resolution No. 3927 Exhibit "A"
October 12,2005
Page 2
Tissue paper, paper towels, food-contaminated paper or paper packaging combined with plastic wax or
foil are excluded from the definition of mixed paper.
Multifamily Residence: The term "Multifamily Residence" means a multiple-unit Residence with three
or more attached units served by a common Garbage storage container. Mobile home parks with
common Garbage storage containers are considered Multifamily Residences.
Private Drive: The term "Private Drive" means a privately owned or maintained way serving fewer than
four Residences; or serving less than one Residence for every 100 yards in distance.
Private Road: The term "Private Road" means a privately owned and maintained way that allows for
access by a service truck and which serves four or more Residences.
Public Street: The term "Public Street" means a public way used for public travel, including public
alleys.
Recyclables: The word "Recyclables" means Residential Recyclables and Commercial Recyclables.
Recycling Cart: The term "Recycling Cart" means a Contractor provided Cart suitable for household
collection, storage, and Curbside placement of Residential Recyclables. The term "Recycling Cart"
includes both the wheeled cart and bin inserts or separate bins used for glass.
Recycling Container or Containers: The term "Recycling Container" or "Recycling Containers" means
a Contractor provided Recycling Cart or Detachable Container suitable for on-site collection, storage,
and placement of Recyclables at Multifamily and commercial locations.
Residence, Residential: The terms "Residence" and "Residential" mean living space(s) individually
rented, leased or owned.
Residential Recyclables: The term "Residential recyclables" means aluminum cans; corrugated
cardboard; glass containers, Mixed Paper; motor oil; newspaper; recyclable plastic containers which have
contained non-hazardous products; polycoated cartons; Scrap Metals; tin cans; and such other materials
that the City and Contractor determine to be recyclable.
Scrap Metals: The term "Scrap Metals" means ferrous and non-ferrous metals not to exceed two 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 with individual collection located on a Public Street or Private Road. Residences located
in an area that does not allow safe access, turn-around, or clearance for service vehicles or on a .Private
Drive will be provided service if materials are set out adjacent to a Public Street or Private Road.
Special Waste: The term "Special Waste" means any waste included in the definition of Type A or Type
B special waste. In addition, any waste from a non-residential source that is not specifically included in
the Type A or Type B defmitions, but that poses a threat of being a hazardous waste or that requires
special handling may be considered a Special Waste.
Type A Special Waste: The term "Type A Special Waste" means any discarded material from a non-
residential source meeting any of the following descriptions:
Resolution No. 3927 Exhibit "A"
October 12,2005
Page 3
a. Waste from an industrial process (including process sludges).
b. Waste from a pollution control process (e.g., baghouse dust, treatment plant sludge, filter
cake, sedimentation pond cleanout, etc.).
c, Waste containing free liquids as determined by Method 9095 (Paint Filter liqUids Test),
described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods"
USEPA Publication SW-846.
d. Chemical-containing equipment removed from service, ill which the chemical
composition and concentration are unknown.
e. Any waste which is non-hazardous as a result oftreatrnent pursuant to RCRA Subtitle C.
f. Residue and debris from the cleanup of a spill of a waste chemical substance or
commercial product or a waste listed in a. - e. above or g. below.
g. Contaminated residuals from the cleanup of a facility generating, storing, treating,
recycling, or disposing wastes, chemical substances, or commercial products listed in a. -
f.
Type B Special Waste: The Term "Type B Special Waste" means any discarded material from a non-
residential source meeting any of the following descriptions:
a. Commercial products or chemicals that are off-specifications, outdated, unused, or
banned. Outdated or off-specification uncontaminated food or beverage products in
original consumer containers are not special waste.
b. Friable asbestos from building demolition or cleaning; wall board, wall spray coverings,
pipe insulation, etc. Nonfriable asbestos is a special waste if it has been processed,
handled, or used in such a way that asbestos fibers may be freely released. Asbestos-
bearing industrial process waste is a Type A special waste.
c. Untreated medical waste - Any waste capable of inducing infection due to contamination
with infectious agents from a bio-medical source including but not limited to a
practitioner, mortuary, taxidermist, veterinarian, veterinary hospital, animal testing
laboratory, or medical testing laboratory.
d. Treated medical waste - Any waste from a bio-medical source' including but not limited
to a hospital, medical clinic, nursing home, medical practitioner, mortuary, taxidermist,
veterinarian, veterinary hospital, animal testing laboratory, or medical testing laboratory.
e. Residue/sludges from septic tanks, food service grease traps, washwaters and waste
water from commercial laundries, laundromats, and car washes.
f. Chemical-containing equipment removed from service, in which the chemical
composition and concentration are known (e.g. filters, cathode ray tubes, lab equipment,
acetylene tanks, fluorescent light tubes, etc.)
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 4
g. Waste produced from the demolition or dismantling of industrial process equipment of
facilities contaminated with chemicals from the industrial process. (Note: Chemicals or
wastes removed or drained from such equipment of facilities are Type A special wastes).
h. Incinerator ash generated at a Resource Recovery Facility that burned only non-
hazardous household, commercial, or industrial waste and qualifies for the hazardous
waste exclusion in 40 CFR 261.4(b).
1. Filter - oil, paint, emissions control, etc.
WUTC: The term "WUTC" means the Washington Utilities and Transportation Commission.
WUTC Approved Rates: The term "WUTC Approved Rates" means those tariff rates approved by the
WUTC for Contractor's regulated customers.
Yard Debris: The term "Yard Debris" means leaves, grass, and clippings of woody as well as fleshy
plants. Unflocked Christmas trees are acceptable as Yard Debris if cut up and bundled. Materials larger
than four inches in diameter or four feet in length are excluded. Bundles of Yard Debris shall be secured
by degradable string or twine, not nylon or other synthetic material.
Yard Debris Cart: The term "Yard Debris Cart" means a Contractor provided 96-gallon Cart provided
to subscribing customers for the purpose of containing and collecting Yard Debris.
AGREEMENT
This Solid Waste Collection Franchise Agreement ("Agreement") is made and entered into effective this
_ day of , 2005, by and between the City of Auburn ("City") and Kent Meridian
Disposal Company, ajoint venture.
ARTICLE II - Term of Franchise Agreement
2.1 WUTC Certificate Cancellation and Franchise Collection Right
Effective on the first day of each Annexation Area's franchise period, the WUTC certificate of
convenience and necessity shall be cancelled for that area and replaced by this franchise agreement.
During the franchise period for each Annexation Area, Kent Meridian Disposal Company shall be the
exclusive service provider with which the City will contract to collect garbage, recyclables, and yard
waste placed in designated containers and set out in the regular collection location within the respective
Annexation Area.
Term of the Comprehensive Agreement
See Attachment B.
2. Scope of Work
2.1 General Collection System Requirements
2.1.1 Service Area
Resolution No. 3927 Exhibit "A"
October 12,2005
Page 5
The Contractor will provide all services pursuant to this Contract throughout the entire City Service
Area, as set forth in Attachment A,
2.1.2 The Contractor shall continue to provide all labor, materials, facilities, services and equipment
necessary to continue collection services in Annexation Areas. The Contractor shall provide the same
levels and configurations of service, including residential recycling and yard waste collection, to those
previously provided under its WUTC certificate.
2.1.3 Unimproved Alleys/Private Roads
The Contractor shall collect Garbage, Recyclables and Yard Debris in alleys to the extent possible and
consistent with the collection services offered under the existing WUTC certificate.
City customers on Private Roads or Drives have been historically provided on-site service, although some
Residential customers have preferred to transport Garbage and recycling containers to the nearest Public
Street to save wear and tear on Private Roads. The Contractor shall offer a level of service that is
comparable as previously offered under the WUTC. Certificate.
In the event that the Contractor believes that a Private Road or Drive can not be safely negotiated or that
providing walk-in service for Residential customers is impractical due to distance or unsafe conditions,
the Contractor may request the City to evaluate on-site conditions and make a determination of the best
approach to providing safe and appropriate service to the customer. The City's decision shall be final,
provided that the Contractor shall not be required to endanger workers, equipment or property.
2.1.4 Hours/Days of Operation
All collections in Residential areas (including both Single Family and Multifamily Residences) shall be
made between the accustomed hours of 6:00 a.m. and 5:00 p.m., on the consistent weekday, unless the
City authorizes a temporary extension of hours or days. Saturday collection is allowed for bulky wastes
and to the extent consistent with make-up collections and holiday and inclement weather schedules.
Commercial pickups may take place at any time deemed appropriate by Contractor so long as the
Contractor's operation does not disturb Residences; provided, however, the Administrator shall have
authority to make final approval, which approval shall not be unreasonably withheld.
The Contractor's employees collecting Garbage, Recyclables and Yard Debris shall at all times be
courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their work
without delay, minimize noise, and avoid damage to public or private property. If on private property,
employees shall follow the regnlar pedestrian walkways and paths, returning to the street after replacing
empty containers. Employees shall not trespass or loiter, cross flower beds, hedges, or property to
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 or emblem visible to the averagc 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
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 6
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.
2.1.5. Carry Out Services to People with Disabilities
The Contractor shall offer carry out service of Garbage, Recyclables and Yard Debris at no additional
charge to up to fifty 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.
2.1.6 Holiday Schedules
The Contractor shall designate which holidays will be observed and indicate the schedule that will be
worked if the holiday falls on a regular collection day. The holiday schedule for the next year shall be
provided in writing by the Contractor to the City by October 15 of each year.
When the day of regular collection is a legal 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 Yard Debris earlier than the regular
collection day due to a holiday. Commercial collections may be made one day early only with the
consent of the Commercial Customer.
2.1. 7 Inclement Weather
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, on the same business day, of the areas not served.
The Contractor shall collect Garbage, Recyclables and Yard Debris from customers with interrupted
service on their next regular collection day. When service is resumed, the Contractor shall collect
reasonable accumulated volumes of materials equal to what would have been collected on the missed
collection day from customers at no extra charge.
All holiday and 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 Seattle Post-InteIligencer newspapers and KING AM, KIRO,
and KOMO radio stations) notifYing residents of the modification to the collection schedule.
2.1.8 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 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 Administrator of its intention to discontinue service. The
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 7
Administrator may, at its discretion, intervene in the dispute. In this event, the decision of the
Administrator shall be final. The Administrator may also require the denial or discontinuance of service
to any customer who is abusing the service or is determined to be ineligible.
2.1.9 Missed Collections
If Garbage, Recyclables or Yard Debris 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 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 liquidated damages due to lack of proper customer notification.
The failure of the Contractor to collect Garbage, Recyclables or Yard Debris 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 within ~enty-four (24) hours of the Contractor's receipt of notification of
the missed pick-up. If the Contractor is notified of a missed pick-up by 9 a.m. the following business
day, the missed pick-up shall be collected that same day, provided that the Contractor may ask customers
contacted on Saturday whether Monday collection would be acceptable, at the customer's option. The
Contractor shall maintain a written record of all calls related to missed pick-ups and the response
provided by the Contractor Such records shall be made available for inspection upon request by the City
and shall be included in monthly reports.
In the event the Contractor fails to collect the missed pick-up within twenty-four (24) hours of receipt of
notice, the City or its agents may collect and transport the materials. The Contractor shall reimburse the
City for all costs so incurred by the City as well as any liquidated damages assessed by the City. If the
Contractor is requested by the customer to make a return trip due to no fault of the Contractor, the
Contractor will be permitted to charge the customer an additional fee for this service, providing the
Contractor notifies the customer in writing of this charge in advance.
2.1.10 Same Day Collection/Co-Collection
Garbage, Recyclables and Yard Debris collection shall occur on the same regularly scheduled day of the
week for Single Family Residential customers. Multifamily Recyclables and Yard Debris collection
services and commercial recycling services need not be scheduled on the same day as Garbage collection.
The same collection vehicle may collect both Garbage and Yard Debris streams only if the truck body is
designed for co-collection and provides two distinct compartments with measures to prevent Yard Debris
from being cross-contaminated with Garbage solids or liquids. The use of co-collection vehicles must be
approved, in advance, by the City.
2.1.11 Requirement to Recycle and Compost
The Contractor shall recycle or compost all Source-separated Recyclables and Yard Debris collected,
unless the express written permission of the City is provided. The Contractor will use vehicles and
processing systems that minimize unnecessary breakage and cross-contanaination of materials. The
disposal of processing residues and contaminants separated during processing is acceptable to the extent
that it is unavoidable and consistent with industry standards.
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 8
The direct land application of Yard Debris is allowed, provided that the land application occurs at
agronomic rates and is expressly permitted or approved by the local health district jurisdiction and other
relevant regulatory agencies.
Obvious contaminants included with either Source-separated Recyclables or Yard Debris shall not be
collected, and shall be left in the customer's container with a notification tag.
2.1.12 Routing, Notification and Approval
The Contractor shall indicate, on a map acceptable to the City, the day of the week Garbage, Recyclables
and Yard Debris shall be collected from each Residential area,
The Contractor may change the day of collection by giving notice to the City at least 30 days prior to the
effective date of the proposed change. On the City's approval, the Contractor shall provide affected
customers with at least 14 days written notice of pending changes in collection day. The proposed
change and the form of notice to the customer must be approved by the City.
2.1.13 Equipment Age/Condition
All regularly-used collection vehicles used by the Contractor during the term of this Contract shall be
less than ten years old and shall have been used for fewer than 250,000 miles. Should any such vehicles
exceed these limits and yet in the Contractor's opinion still be in safe working order, the Contractor must
receive written approval from the Administrator to continue operating the subject vehicle. Back-up
vehicles will not be subject to the age and mileage limits 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.
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. Vehicles 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
Administrator. The Contractor shall be specifically required to maintain collection vehicles to ensure
that no liquid wastes (such as Garbage or Yard Debris leachate) or oils (lubricating, hydraulic and 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.
No advertising shall be allowed on Contractor vehicles other than the Contractor's name, logo, and
customer service telephone number. Special promotional messages for recycling and Yard Debris
collection may be permitted, upon City 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 equipment capable of
reaching all collection areas.
2.1.14 Container Requirements and Ownership
2.1.14.1 Containers
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 9
Both Residential and Commercial Customers may elect to use customer-owoed Garbage Cans or
Contractor-owned Carts for Garbage collection service. In all cases, customers will be directed to have at
least one rigid container as their primary Garbage container. Plastic bags may be used for overflow
volumes of Garbage, but not as a customer's primary container.
In the event the customer chooses to provide their own Garbage container, Contractor crews shall be
expected to handle the Garbage Can in such a way as to minimize undue damage or loss of lids. The
Contractor shall be responsible for unnecessary or unreasonable damage to customer-owned containers.
The Contractor shall maintain and provide to customers a list of local retail stores that have acceptable
Garbage Cans for sale.
2.1.14.2 Carts
The Contractor shall provide 32, 64 and 96 gallon Carts for the respective level of Garbage collection.
All Carts shall be manufactured from post-consumer recycled plastic to the extent practicable, Carts
shall be provided to requesting customers within seven days of the customer's initial request.
All Contractor-owned Carts shall be maintained by the Contractor in good condition for material storage
and handling; contain no jagged edges or holes; contain wheels or rollers for movement, and be equipped
with an anti-skid device or sufficient surface area on the bottom of the container to prevent unwanted
movement. Carts shall contain instructions for proper use, including any customer actions that would
void manufacture warranties, such as placement of hot ashes in the container causing the container to
melt, and procedures to follow to minimize potential fire problems. The Contractor shall ensure that
Carts shall have permanent serial numbers to assist with tracking and the recovery oflost or stolen Carts.
Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar repair
. needs on Contractor-owned Carts (including those for Garbage and Yard Debris) and forward repair
notices to the Contractor's service personnel. Cart repairs shall then be made within seven business days
at the Contractor's expense. Any Cart 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 the
third business day after notice from the customer or City. Replacement Carts may be used and
reconditioned, but shall be clean and appear presentable.
2.1.14.3 Detachable and Drop-box Containers
The Contractor shall furnish and install I, 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 seven business days of the request. Containers shall be located
on the premises in a manner satisfactory to the customer and for collection by the Contractor.
Detachable Containers shall be water tight and equipped with tight-fitting metal or plastic covers; have
four wheels for containers two cubic yards and under; be in good condition for Garbage or Recyclables
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 witha tight-fitting screened or solid cover operated by a winch
in good repair. Each type (I.e. Recyclables, Yard Debris or Garbage) of container shall be painted a
uniform color, with color changes subject to City approval. Containers shall be painted as needed.
Detachable Containers shall be cleaned, reconditioned and repainted (if necessary) before being supplied
to a customer who had not used it earlier. The Contractor shall provide an on-call container cleaning
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 10
service to customers. The costs of on-call cleaning shall be billed directly to the customer in accordance
with the contractor's WUTC approved rates.
Containers on customer's premises are at the Contractor's risk and not the City's. The Contractor shall
repair or replace within twenty-four hours any container that was supplied by the Contractor and in use,
if the City or a Health Department inspector determines that the container fails to comply with reasonable
standards or constitutes a health or safety hazard.
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 by front load, rear load, or Drop-box Container
collection vehicles to be eligible for collection. The Contractor is not required to service customer
containers that are not compatible with the Contractor's equipment, and shall furnish Contractor-
provided containers for the requested level of service.
2.1.14.4 Recycling Carts
During the term of this Contract, the Contractor shall provide 32 gallon Recycling Carts to new
customers within the City Service Area, including new residences and annexation areas as well as
replacement Carts to existing customers requested because of loss, theft or damage. All distributed
Recycling Carts shall include information materials describing material preparation and collection
requirements. Informational material must be reviewed and approved by the City prior to printing and
distribution. All additional Recycling Carts shall be provided at the Contractor's sole expense.
In the event that a particular customer repeatedly damages their Recycling Cart or requests more than one
replacement Cart during the term of the Contract due to negligence or intentional misuse, the Contractor
shall forward the customer's name and address to the Administrator. The Administrator will then
attempt to resolve the problem. In the event that the problem continues, the Contractor may discontinue
service to that customer, on the Administrator's approval
2.1.14.5 Ownership
Garbage Carts, Detachable Containers for Garbage and Recyclables and Drop-box Containers shall be
purchased, delivered and maintained by the Contractor during the term of this Contract.
2.1.14.6 Container Damage and Replacement
The Contractor shall replace, at no charge to the customer, up to one Recycling Cart; and/or one Yard
Debris or Garbage Cart for each customer during the term of this Contract, provided that the container
being replaced was unintentionally damaged, lost or stolen.
If a particular customer repeatedly damages a Contractor-owned Recycling Cart, Cart, Detachable
Container, or Drop-box due to negligence or intentional misuse, the Contractor shall forward in writing
the customer's name and address to the City Administrator. The Administrator shall then attempt to
resolve the problem. In the event that the problem continues, the Contractor may discontinue service to
that customer, on the Administrator's approval and Contractor's prior written notice to the customer.
2.1.14.7 Spillage
Resolution No. 3927 Exhibit "AU
October 12,2005
Page 11
All loads collected by the Contractor shall be completely contained in collection vehicles at all times
except when material is actually being loaded. Hoppers on all collection vehicles shall be cleared
frequently to prevent the occurrence of unnecessary blowing or spillage.
Any spillage of materials that occurs during collection shall be immediately cleaned up by the Contractor
at its expense. Spillage not immediately cleaned up will be cause for liquidated damages, as described
in Section 4.1.
2.1.14.8 Pilot Programs
The City may wish to test and/or implement one or more new developments in waste stream segregation,
materials processing, or collection teclmology at some point during the term of the Contract. The City
shall notify the Contractor in writing at least ninety days in advance of its intention to implement a pilot
program or of its intentions to utilize a new technology system on a citywide basis. The costs (or
savings) accrued by City-initiated pilot programs shall be negotiated prior to implementation.
Contractor-initiated pilot programs shall require prior written notification and approval on the part of the
City. Contractor-initiated pilot programs shall be performed at no additional cost to the City or the
Contractor's customers.
2.1.14.9 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. The Contractor shall, however,
by the most expedient manner, continue to collect Garbage, Recyclables, and Yard Debris to the same
extent as though no interference existed upon the streets or alleys normally traversed. This shall be done
at no extra expense to the City or the Contractor's customers.
2.1.14.1 0 Contractor Planning Assistance
The Contractor shall, upon request and without additional cost, make available either to the City and/or
property owners planning assistance in respect to all new construction or remodeling of buildings and
structures withih the City Service Area with respect to design and planning of Garbage and Recyclables
removal facilities and their location upon the site of the proposed construction or remodeling project.
2.1.14.11 Safeguarding Public and Private Facilities
The Contractor shall be obligated to protect all public and private facilities and utilities whether located
on public or private property, including street curbs. If such facilities, utilities or curbs are damaged by
reason of the Contractor's operations, the Contractor shall notify the City inunediately in writing of all
damage, and the Contractor shall repair or replace the same, or failing to do so promptly as determined
by the City, the City shall cause repairs or replacement to be made and the cost of doing so shall be billed
to the Contractor. The City shall not be liable for any damage to property or person caused by the
Contractor.
2.1.14.12 Company Name
The Contractor shall not use a firm name containing the words "Auburn," "City," or any words implying
municipal ownership.
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 12
2.1.14.13 Contract Implementation
The Contractor shall work with the City to explain the new recycling collection system, service levels
and rates, and Recyclables and Yard Debris collection services. The Contractor shall, at its expense,
provide the following:
(l) By November 15, 2005 a mailer shall be sent to all Commercial and Multifamily customers in the
City Service Area introducing the new billing service to be done by the City of Auburn beginning
January 2006 and explaining available service levels and rates. The Contractor's customer service
number shall be provided.
All materials provided by the Contractor to customers shall be reviewed and approved by the City in
advance.
2.2 Collection Services
2.2.1 Single Family Residential Garbage Collection
2.2.1.1 Subject Materials
The Contractor shall collect all Garbage placed at Curbside for disposal by Residential customers in and
adjacent to customer-owned, Mini-cans, Garbage Cans, bags, and Contractor-owned Carts. The
Contractor shall offer carry-out service to customers with disabilities at no charge and to all other
customers for the appropriate service level rate plus the carry-out surcharge in accordance with the
contractor's WUTC approved rates. The Contractor shall dispose of all collected Garbage through the
King County Disposal System or such other systemas designated by the City.
On-call fee-based bulky item 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. Collected bulky items shall be recycled by the
Contractor to the extent practicable.
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 unlimited additional waste next to their regular containers for special collection on
that day, at no extra charge. Individual items accepted under this collection event shall include bulky
wastes, appliance, furniture, mattresses, but shall exclude recyclable (other than scrap metal) and
reusable materials. 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.
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.
2.2.1.2 Containers
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 13
Single Family Garbage collection containers shall include customer-provided Garbage Cans, plastic bags,
and Contractor-owned Carts~ The initial customer container must be a permanent rigid container. Plastic
bags may only be used for excess waste, not as the customer's primary container. The Contractor may set
weight limits on Carts as appropriate, provided that the weight limit is no less than the equivalent of 50
pounds per 32 gallon capacity (e.g. a 64 gallon Cart would have a weight limit of 100 pounds).
Contractor-owned Carts shall be delivered by the Contractor to Single Family customers within seven
days of the customer's initial request.
2.2.1.3 Specific Collection Requirements
The Contractor shall offer regular weekly collection of service levels as listed in the contractor's WUTC
approved rates.
Garbage in excess of container capacity or the subscribed service level shall be collected and properly
charged as "extras" to the customer pursuant to the contractor's WUTC rates. The Contractor shall
maintain route lists in sufficient detail to allow accurate recording and charging of all "extras."
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 in alleys, and on streets where no alleys are
present. 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.
On-call bulky collection services 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 shall collect in alleys and on streets where no alleys are present. The Contractor's crews shall
make collections in an orderly and quiet manner.
2.2.2 Single Family Residential Recycling Collection
2.2.2.1 Subject Materials
Residential Recyclables shall be collected from all participating Single Family Residences as part of
basic Garbage collection services, at the rates specified in the contractor's WUTC approved rates. The
Contractor shall collect all Residential Recyclables from Single Family Residences that are prepared as
follows and uncontaminated with food or other residues:
Aluminum Cans:
All aluminum cans that is placed in the "Containers"
Recycling Cart or separately boxed or bundled.
Corrugated Cardboard:
All corrugated cardboard that is smaller than two feet by
three feet, flattened, bundled and placed in or next to the
customer's Recycling Cart
Glass Containers:
All brown, green or clear jars and bottles that are rinsed and
have lids removed and are placed in the "Glass" recycling
bin or ~art insert or separately boxed or bundled. Light
bulbs, ceramics and window glass are excluded.
Resolution No. 3927 Exhibit "A"
October 12,2005
Page 14
Mixed Paper:
All Mixed Paper that is placed loosely in the Recycling Cart
or separately bagged or bundled
Newspaper:
All newspaper and advertising supplements that are
delivered with newspapers that are placed loosely in the
Recycling Cart or separately bagged or bundled.
Plastic Containers:
All plastic (#1-#5) bottles, jugs and tubs that are flattened
and placed in the Recycling Cart or separately boxed or
bundled. Other plastics, automotive product containers and
lids are excluded.
Polycoated Cartons and Boxes:
All plastic coated cartons and boxes that are flattened and
placed in the Recycling Cart or separated bagged or
bundled.
Scrap Metal:
All ferrous and Non-ferrous Scrap Metal that is placed in the
Recycling Cart or separately boxed or bundled; that is free
of wood, plastic, rubber and other contaminants; and that
meet the size requirements defined for Scrap Metals.
Tin Cans:
All food and beverage tin cans with labels removed that are
placed in the Recycling Cart or separately boxed or bundled.
2.2.2.2 Specific Collection Requirements
Single Family Recyclables collection shall occur every-other-week on the same day as each household's
Garbage collection. Single Family Recyc1ables 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 collecUn alleys, and on streets where no
alleys are present in the same location at Garbage collection service is provided. The Contractor's crews
'shall make collections in an orderly and quiet manner and shall return containers to their set out location
in an orderly manner.
The Contractor shall collect all properly prepared Residential Recyclables set out for collection. 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 commercial recycling services and to discontinue setting out
excess volumes. If the resident continues to set out commercial quantities ofRecyclables, 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.
2.2.3 Yard Debris Collection
2.2.3.1 Subject Materials
Resolution No. 3927 Exhibit "A"
October 12,2005
Page 15
Yard Debris contained in Yard Debris Carts or customer owned 32 gallon cans shall be collected from all
participating Single Family Residences as part of basic Garbage collection services at the rates specified
in the contractor's WUTC approved rates. Additional charges shall be assessed for excess Yard Debris
placed in additional Carts, bags or cans next to the initial Yard Debris Cart, in accordance with the
contractor's WUTC approved rates.
Contaminated or oversized Yard Debris materials rejected by the Contractor at the curb shall be tagged
with an appropriate problem notice.
2.2.3.2 Containers
Extra Yard Debris material that does not fit in a Yard Debris Cart will be placed in Kraft bags or
customer-owned 32 gallon containers. Customers choosing to use their own can for excess Yard Debris
will be provided durable stickers by the Contractor that clearly identity the container's contents as Yard
Debris. The Contractor shall maintain and have available for customers a list of local retail stores which
carry acceptable Kraft bags.
Yard Debris Carts shall be delivered by the Contractor to new customers and customers that had
previously rejected their cart within seven days of the customer's initial request.
2.2.3.3 Specific Collection Requirements
Yard Debris shall be collected every other week from subscribing Single Family Residences, April
through November, and monthly during December through March. 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 in alleys, and on streets where no alleys are present, 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.
Multifamily and Commercial Customers shall be offered on-call and regular Yard Debris collection
services similar to the Single Family Residential Yard Debris program. Collection service for these
containers shall be a minimum of one time per week. Those customers shall separately pay for those
Yard Debris collection services at the rates specified in the contractor's WUTC approved rates.
2.2.4 Multifamily and Commercial Garbage Collection
2.2.4.1 Subject Materials
The Contractor shall collect all Garbage set out for disposal by Commercial Customers in customer-
owned Garbage Cans, bags and Contractor-owned Carts and Detachable Containers. Collected Garbage
shall be disposed through the King County Disposal System or other such system as designated by the
City.
The Contractor will 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 notice with the rejected materials listing why they were not collected and providing the customer
with a contact for further information on proper disposal. If a Commercial Customer persistently
includes inappropriate materials in their containers, the Contractor shall photograph the inappropriate
materials, and provide the customer's name and address to the City for further action.
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 16
2.2.4.2 Containers
The Contractor shall provide containers meeting the standards described in Section 2.1.14. Multifamily
and Commercial Customers shall be offered a full range of containers and service options, including
Garbage Cans, Carts, one through eight cubic yard Detachable Containers, and Drop-box containers.
Materials in excess of container capacity or the subscribed service level shall be collected and properly
charged as "extras," at the rates listed in the contractor's WUTC approved rates. The Contractor shall
develop and maintain route lists in sufficient detail to allow accurate recording and charging of all
"extras. "
The Contractor may use either or both front-load or rear-load Detachable Containers to service
Multifamily 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,
whether or not front-load collection is feasible.
Contractor-owned containers shall be delivered by the Contractor to requesting Commercial Customers
within seven days ofthe customer's initial request.
2.2.4.3 Specific Collection Requirements
Commercial Garbage collection shall be made available daily, Monday through Saturday, during the
times specified in Section 2.1.4. Collection at Multifamily sites shall be limited to the same hours as
Single Family Residential 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 shaIl
collect in alleys where possible, and on streets where no alleys are present. Containers shaIl be replaced
in the same location after emptying.
2.2.5 Multifamily Recycling Collection
2.2.5.1 Subject Materials
The defined list of Residential Recyclables, shall be collected from all participating Multifamily
customers as part of basic Garbage coIlection services, without extra charge. The Contractor shall collect
all Residential Recyclables from Multifamily residences that are prepared in a manner similar to that
described for Single Family Residential Recyclables.
2.2.5.2 Containers
Contractor-supplied Carts shall be used for collecting Multifamily Recyclables. Carts used for recycling
coIlection shall be distingnished from Carts used for either Yard Debris or Garbage collection and shall
include City-approved prominent identirying labels that provide directions for the preparation of the
materials to be placed in the Cart.
At larger complexes, the Contractor may use Detachable Containers for recycling collection provided
that they are clearly distinguished from containers used for Garbage collection and are equipped with
City-approved prominent identirying labels.
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 17
Contractor-owned recycling containers shall be delivered by the Contractor to requesting customers
within seven days ofthe customer's initial request.
2.2.5.3 Specific Collection Requirements
Multifamily recycling collection shall occur weekly during the hours and days specified in Section 2.1.4
for Residential collection. Collections shall be made on a regular schedule on the same day of the week
to minimize customer confusion. The Contractor shall collect in alleys where possible, and on streets
where no alleys are present. Containers shall be replaced in the same location after emptying.
2.2.6 Commercial Recycling Collection
2.2.6.1 Subject Materials
Commercial Recyclables shall be collected from all participating Commercial Customers., provided
Recyclables are placed in the city's approved recycling container.
The Contractor shall collect all Commercial Recyclables from Commercial Customers which are
prepared in a manner similar to that described for Single Family Residential Recyclables .
2.2.6.2 Containers
Contractor-supplied Carts shall be used for collecting Commercial Recyclables. Carts used for recycling
collection shall be distinguished from Yard Debris or Garbage collection and shall include prominent
identifying labels that provide directions for the preparation of the materials to be placed in the Cart.
At larger businesses, the Contractor may use Detachable Containers or Drop-box Containers for
recycling collection provided that they are distinguished from containers used for Garbage collection and
are equipped with prominent identifying labels.
Contractor-owned containers shall be delivered by the Contractor to requesting customers within seven
days of the customer's initial request.
2.2.6.3 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 toa
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.
2.2.7 Drop-Box Container Garbage Collection
2.2.7.1 Subject Materials
The Contractor shall transport and dispose of Drop-box Container contents through the King County
Disposal System or other such system as designated by the City.
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 18
The Contractor shall not be required to collect Drop-box Containers containing 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 notice with the rejected materials listing why they were not
collected and providing the customer with a contact for further information on proper disposal. If a
Drop-box Container customer persistently includes inappropriate materials in their containers, the
Contractor shall photograph the inappropriate materials, and provide the customer's name and address to
the City for further action.
2.2.7.2 Containers
The Contractor shall provide containers meeting the standards described in Section 2.1.14. 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 seven
days of the customer's initial request.
2.2.7.3 Specific Collection Requirements
Residential and commercial Drop-box Container collection must occur during the hours and days
specified in Section 2.1.4. Collection of Drop-box Containers in Residential areas shall be limited to the
same hours as Single Family Residential collection. The Contractor shall place and collect Drop-Box
Containers in areas accessed through alleys where possible.
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
customers within three business days after the customer's initial call.
2.2.8 Temporary Customers
The Contractor shall provide temporary two, four and six cubic yard Detachable Containers to
Residential and Commercial Customers on an on-call basis. The charges for temporary container service
shall include delivery, collection and disposal as listed in the contractor'sWUTC approved rates. Rental
charges for temporary containers shall be charged in addition to the basic temporary container fee, at the
rates listed in the contractor's WUTC approved rates.
Temporary containers shall be delivered by the Contractor to customers within seven days of the
customer's initial request.
2.2.9 Service to City Facilities
The Contractor shall provide weekly Garbage and Recyclables collection for collection to all City-owned
municipal facilities without charge.
2.3 Management
2.3.1 Responsibility of Participants
2.3.1.1 Contractor's Responsibilities
Resolution No. 3927 Exhibit "An
October 12, 2005
Page 19
The Contractor shall continue to provide all labor, materials, facilities, services and equipment necessary
to continue collection services in Annexation Areas. The Contractor shall provide the same levels and
configurations of service, including residential recycling and yard waste collection, to those previously
provided under its WUTC certificate.
The Contractor shall be responsible for:
(1) collecting Garbage in the City Service Area and delivering the waste to the King County Disposal
System; or other such system as designated by the City.
(2) collecting, processing and marketing of Recyc1ables and Yard Debris collected by the Contractor
from Residential and Commercial Customers in the City Service Area;
(3) performing customer service and providing billing data in a timely manner as specified by the City;
(4) procuring all equipment and bearing all start-up, operating and maintenance costs for collection
and processing or disposal of Garbage, Recyclables and Yard Debris, including proper safety
equipment and insurance for vehicles and workers;
(5) providing and supervising all labor to accomplish the Scope of Work including labor to collect
materials, maintain equipment and provide customer service functions;
(6) operating a maintenance facility to house and service collection equipment and acquiring all
necessary land use, building, operating, and business permits and licenses;
(7} submitting all informational materials for public release to the City for review and approval prior to
release;
(8) complying with all applicable laws;
(9) meeting all non-discrimination and OSHAlWISHA standards and all environmental standards and
regulations;
(10) providing a safe working environment and comprehensive liability insurance coverage as set forth
in Section 6.5. Proof of this insurance shall be submitted to the City annually; .
(11) providing a valid Contractor's Performance and Payment bond. Proof of this bond shall be
submitted to the City annually;
(12) securing the written approval of the Administrator and surety before assigning or pledging money,
or assigning, subcontracting or delegating duties;
(1) providing route maps to the City indicating the day of week and the Contractor's best estimate of
collection time;
(14) submitting collection day changes to the City for review and approval prior to the change taking
place;
(15) submitting the annual holiday schedule to the City for review and approval prior to distributing the
next year's collection schedule to customers;
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 20
(16) submitting prompt notices to the media regarding modifications to the collection schedule due to
inclement weather;
(17) maintaining vehicles and facilities in a clean and sanitary condition; and
(18) meeting all City reporting requirements.
2.3 .1.2 City's Responsibilities
The City shall be responsible for:
(1) overall project administration and final approval of Contractor activities;
(2) billing, receiving and posting customer payments and deposits;
(3) reviewing Contractor compensation adjustments due to changes in County disposal fees or WUTC
adjustments;
(4) public education;
(5) monitoring and evaluation of collection operations with the cooperation of the Contractor;
(6) reviewing and approving all assignment, pledging, subcontracting or delegation of money or duties;
(7) reviewing and approving collection day changes;
(8) reviewing and approving the holiday schedule;
(9) reviewing and approving all contracts, leases, or other documents encumbering or limiting, or for
acquisition, lease, or replacement of all vehicles, equipment, and property to be used in
performance of this Contract;
(10) approving certified scales for reporting purposes; and
(II) holding periodic operations meetings with the Contractor, as necessary.
(12) prompt payment of payments per Section 3.1.
2.3.2 Customer Service
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 the contractor's WUTC approved rates.
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-
Resolution No. 3927 Exhibit "An
October 12, 2005
Page 21
mailed, faxed or written authorization for the Contractor 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 drivers understand the City's and
Contractor's respective roles and can provide accurate responses to customer inquiries.
2.3.2.1 Location of Customer Service Office
The Contractor shall maintain an office within 30 miles of the City. The Contractor's office and
customer service assistance shall be accessible by a local-prefix phone number. The Contractor's office
hours shall be open at a minimum from 8 a.m. to 5 p.m. daily, except Saturdays, Sundays and designated
holidays. Representatives shall be available at the Contractor's local office during office hours for
communication with the public and City representatives.
The Contractor shall maintain an emergency telephone number for use outside normal business 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
Service Recipient Complaints and Inquiries
During office hours, the Contractor shall maintain a complaint service and a telephone answering system
capable of accepting at least four incoming calls at one time. The Contractor shall record all complaints,
including date, time, complainant's name and address if the complainant is willing to give this
information, and nature and date and manner of resolution of the complaint, in a computerized daily log.
Any such calls received via the Contractor's answering service shall be recorded in the log the following
work day. The Contractor shall make a conscientious effort to resolve all complaints within 24 hours of
the original call. If a longer response time is necessary, the reason for the delay shall be noted in the log,
along with a description of the Contractor's efforts to resolve the complaint. Calls received by the
Contractor regarding establishing an account or resolving billing questions shall be immediately referred
to the City.
The customer service log shall be available for inspect-ion by City 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 computerized form to the City with the monthly report.
All incoming calls shall be answered promptly and courteously. A customer should be able to receive
recorded service information and also talk directly with a customer service representative when calling
the Contractor's customer service telephone number. 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 sixty days to implement the corrective measures during which the Contractor shall
have one week to implement corrective measures. Reasonable corrective measures shall be Implemented
without additional compensation to the -Contractor.
The Contractor shall provide additional staffing during the mobilization and transition period at the
beginning of this Contract 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 mobilization and transition. Staffing levels during mobilization and transition period shall be
subject to City review and approval.
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 22
The Contractor shall provide an Internet webslte containing collection schedules, material preparation
requirements, rates, inclement weather service changes and other relevant service information for its
customers. The website shall include an e-mail function for customer communication with the
Contractor. The website design shall be submitted for City approval prior to collection service
commencement.
Recvcling and Yard Debris Programs
The Contractor's customer service representatives shall be fully knowledgeable of all collection services
available to Auburn residents. For new customers, customer service representatives shall explain all
Garbage, Yard Debris and Recyclables collection available. For existing customers, the representatives
shall resolve recycling issues, missed pickups, bin deliveries, etc. Customer service representatives shall
be trained to inform customers of Yard Debris and Recyclables preparation specifications. City policy
questions shall be forwarded to the Administrator for response.
Monitoring and Evaluation
The Contractor shall have a program in place to monitor and evaluate the quality of customer service and
to determine overall customer satisfaction with the Contractor's services. Monitoring and evaluation
methods should include random customer surveys, periodically monitoring customer service, and other
such methods. The Contractor shall work with the City to monitor and ensure that high levels of
customer service are demonstrated throughout the contract period.
Commercial Waste Monitoring
The Contractor shall periodically survey Commercial Customers to determine the types of wastes
disposed. If this survey indicates that Special Wastes are being disposed with Garbage, the Contractor
shall make follow-up contacts with the generator to discuss proper disposal procedures. This program
shall be on-going, with contact made at least once every three years with Commercial Customers that,
due to the nature of their activities, may produce or improperly dispose of Special Wastes. The
Contractor shall document its program and follow-up contacts in the Contractor's monthly report to the
City.
2.3.3 Customer 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 Residential and
Commercial accounts and monthly reports of Drop-box container hauls, rental charges and pass-through
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 60 (sixty) days of receiving the City listing and shall provide the
City with a written list of discrepencies 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, as long as such changes are not unreasonable.
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 23
The Contractor ensure that 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 fifteenth day of each month, the Contractor shall provide a report containing
the following information for the previous month:
(I) A log of complaints and resolutions for Garbage, Recyclables and Yard Debris collection
services, including missed pickups and responses;
(2) A compilation oftotal Yard Debris, and Garbage quantities for each collection sector;
(3) A summary of Recyclables quantities by collection sector and by commodity, including processing
residues disposed and market prices;
(4) Any changes in Yard Debris processing procedures or tipping fees;
(5) A description of any vehicle accidents or infractions;
(6) A description of commercial waste monitoring activities; and
(7) A description of promotion efforts and response.
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 reviewed and approved 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;
(2) A discussion of highlights and other noteworthy experiences, along with measures taken to resolve
problems, increase efficiency, and increase participation in Yard Debris and Recyclables collection
programs;
(3) A discussion of promotion and education efforts and accomplishments;
(4) An inventory of current collection and other major equipment.
2.3.4.3 Ad Hoc Reports
The City may request from the Contractor up to six ad-hoc reports each year, at no additional cost to the
City. These reports may include customer service data base tabulations to identify specific service level
or participation patterns' or other sitnilar information. These reports shall not require the Contractor to
expend more than 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. If the Contractor considers that information sensitive, such information will be clearly
Resolution No. 3927 Exhibit "An
October 12, 2005
Page 24
~
labeled "proprietary" and used for only for internal evaluation purposes and not disclosed to third parties
without the written permission of the Contractor. Information received by the City will be subject to
existing laws and regulations regarding disclosure, including the Public Disclosure Act.
2.3.5 Promotion and Education
The City shall have primary responsibility for developing and executing public education programs to
encourage waste reduction and diversion, with the exception of multifamily recycling. The Contractor
will have primary responsibility for providing service-oriented information to customers and
implementing an on-going multifamily recycling promotion program.
2.3.6 Field Monitoring
The City may periodically monitor collection system parameters such as participation, container
c.ondition, contents 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 the successive contractor in good faith to
ensure a minimum of customer disruption during the transition period. Commercial and Residential
container removal and replacement shall be coordinated between current and successive contractors to
occur simultaneously to minimize customer inconvenience.
3. Compensation .
3.1 Compensation to the Contractor
The Contractor shall be paid monthly, by the fifteenth of the following month based on verified and
corrected billing data provided for the previous month. These payments will comprise. the entire
compensation due to the Contractor and will be based on rates provided in the contractor's WUTC
approved rates. ,
Rates and Billing
The City of Auburn shall bill and collect payments from Customers for adequate service performed under
this Agreement at the same rates charged to other Kent Meridian Disposal Company customers under its
WUTC certificate covering the geographic areas contiguous with the Annexation Area. Those WUTC
rates may be adjusted from time to time in accordance with established WUTC procedures. The City
shall be responsible for all statutorily required customer notifications, including notice of rate changes in
any manner authorized or required by law. At a minimum, Kent Meridian Disposal Company shall
provide to the. City the same rate change notification provided to its WUTC certificate area customers,
and shall notify the City of any rate changes in its WUTC certificated area.
All applicable taxes and fees shall be itemized separately and added to the charges in accordance with the
contractor's WUTC approved rates, if applicable.
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 25
The Contractor's disposal and recycling costs for the annual bulky waste collection event (Section
2.2.1.1) 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 his waste stream; the rates shall be adjusted to make the effect on
revenue neutral to the Contractor.
3.2 Compensation to the City
The City may, from time to time, impose utility or other taxes that shall be assessed and payable as
directed by City ordinance. If new City, County or State taxes are imposed or the rates of existing taxes
are changed after the execution date of this Contract, the Contractor may pass on to the City the affect of
the new tax increases effective the date of the new tax. Any new tax will be passed on to the City after
WUTC approval.
3.3 Compensation Adjustments
Periodic adjustments will 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 will be adjusted after WUTC review and approval.
Should the Contractor be required by the City or other governmental authority to use disposal or Yard
Debris processing sites other than those being used at the initiation of this Contract, the Contractor will
submit a detailed proposal for the adjustment of the rates to reflect any additional cost 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's approval of contractor's proposal may not be unreasonably denied.
Contractor my periodically adjust rates as approved by WUTC.
3.4 Change in Law
Changes in federal, State or local laws or regulations that result in a detrimental change in circumstances
or a materials 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. City's approval of
contractor's request shall not be unreasonably denied.
If the City requires review of 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, and may take
any other steps it deems appropriate to protect the confidential nature of Contractor's documents and
preserve 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
will be discouraged, to the extent possible, through liquidated damages for certain infractions and
through contract default for more serious lapses in service provision. Section 4.1 details infractions
subject to liquidated damages and Section 4.2 details default provisions and procedures.
Resolution No. 3927 Exhibit "A"hOctober 12, 2005
Page 26
4.1 Liquidated Damages
Liquidated damages may be levied if documented in an incident report presented by the City to the
Contractor. Disagreements will be subject to the procedures described in Section 4.2. The City reserves
the right to make periodic, unscheduled inspection visits to determine the Contractor's compliance with
the Contract. Liquidated damages may include, but are not limited to:
Action or Omission
Liquidated Damages
Collection before or after the times specified
in Section 2.1.4 except as expressly permitted
$100.00 per incident (each truck
on each route is a separate incident)
Repetition of complaints on a route after
notification including, but not limited to, not
replacing cans or Detachable Containers in
designated locations, spilling, not closing gates,
crossing planted areas, or similar violations
$25.00 each not to exceed 30
complaints per truck per day
Failure to collect material spilled by the Contractor
City clean-up costs plus $50.00 each
incident
City observed leakage from Contractor vehicles
or vehicle contents
$100.00 each vehicle, each
inspection
Failure to collected missed materials
within one business day (including
Saturday) after notification
$50.00 each incident to a maximum
of $500.00 per truck per day on
Residential routes and no maximum
for commercial routes
Collection from Residential premises on
other than the day specified
$10.00 per structure, to a maximum
of $250 per truck, per day
Missed collection of entire block segment
of Single Family Residences (excluding
prevented by inclement
weather)
$150.00 per block segment if
collection is performed the. collections
following day, $500.00 per block
segment if not collected the
following day
Action or Omission (continued)
Liquidated Damages
Collection as Garbage of Source-separated
Recyclables or Yard Debris in clearly
identified containers, bags or boxes'
$20.00 per incident, up to maximum
of $500.00' per truck, per day
Rejection of Residential or Commercial Recyclables
without providing documentation to the customer
of the reason for rejection
$25.00 per incident
Resolution No. 3927 Exhibit "A"
October 12,2005
Page 27
Failure to deliver Detachable Containers to
new commercial garbage customers within seven
business days
$50.00 per container, per day
Failure to deliver Carts, Detachable Containers or Drop-
box Containers within 15 days to commerciallMulti-
family garbage or recycling customers requesting
service after January 1, 2006.
$50.00 per container, per day
Failure to deliver Garbage Carts or Recycling Carts
within seven days to Single-family Residential
customers after service starts on January 1, 2006.
$15.00 per Cart, per day
Misrepresentation by Contractor in records
or reporting
$500.00 per incident
Failure to make required reports on time
$250.00 per incident
Failure to maintain clean and sanitary
vehicles and facilities
$25.00 per vehicle, up to maximum
of$IOO.OO per inspection
Failure to clean or replace Detachable Containers
within 24 hours of notification by the City
$25,00 per container, per day
Landfilling or incineration of uncontaminated
Recyclables or Yard Debris without the express
written permission of the City or County
$1,000 per vehicle, per incident,
with no maximum
Nothing in this section shall be construed as providing an exclusive list of the acts or omissions of the
Contractor which shall be considered violations or breaches of the Contract and the City reserves the
right to exercise any and all remedies it may have with respect to these and other violations and breaches.
The liquidated damages schedule set forth here shall not affect the City's ability to terminate the contract
as described in Section 4.2.
Liquidated damages may be levied if documented in an incident report presented by the City to the
Contractor. Liquidated damages, if assessed during a given month, shall be invoiced by the City to the
Contractor. The Contractor shall be required to pay the City the invoiced amount within 30 days of
billing. Failure to pay liquidated damages shall be considered a breach of this Contract.
Any fine may be appealed by the Contractor to the Administrator. The Contractor shall be allowed to
present evidence why the fine should be lessened or eliminated. The decision of the Administrator 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:
Resolution No. 3927 Exhibit "A"
October 12,2005
Page 28
(1) The Contractor fails to commence the collection of Garbage, Recyclables or Yard Debris or fails to
provide any portion of service under contract on January I, 2006 or for a period of more than five
days;
(2) The Contractor fails to obtain and maintain any permit required by the City, County, or any federal,
state, or other regulatory body in order to collect materials under 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 liquidated
damages.
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 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 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 if the
Contractor initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in
good faith, the City shall not exercise its rights for the particular incident. If the Contractor fails to cure
the stated reason within the stated period, or if the Contractor does not undertake efforts satisfactory to
the City to remedy the stated reason, then the City may order the Contractor to discontinue any further
service thereunder.
If Contractor shall abandon or violate any portion of this contract or fail to fully and promptly comply
with all its obligations, or shall fail to give any reason satisfactory to the City for noncompliance, and
fails to correct the same, the City, after the initial ten days' notice, may then declare the Contractor to be
in default of this contract and notify the Contractor to discontinue any further service thereunder, a copy
of said notice to be sent to the Contractor and surety on its performance bond.
Upon receipt of such notice, Contractor agrees that it will promptly discontinue the work, whereupon the
surety may, at its option, to be exercised within 10 days from such written notice, assume the work which
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 snrety of said option to assume the work, the City may take possession of
all the Contractor's equipment and vehicles and employ such force as it may deem advisable to continue
the work. The cost of all labor and materials necessary for such work shall be paid by the Contractor in.
full, provided the City shall pay a monthly rental fee for the use of Contractor's equipment and vehicles
as set forth in Section 4.2.
In the event that the surety fails to exercise its option within the 10 day period, the City may complete the
work or any part thereof, either through its own work force or by contract, and the City shall have the
right to take possession of and use of the vehicles and equipment and property of every kind and nature
provided by the Contractor for the work (provided it may pay the rental and assume all liability of City
operation for equipment and vehicles set forth above) and to procure other vehicles, equipment and
facilities nece.ssary 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 work, together with any further damages sustained or to be sustained by the City.
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 29
If City employees provide Garbage, Yard Debris and/or Recyclables collection then the actual
incremental costs of City labor and administration will serve as the basis for a mutually agreed charge to
the Contractor.
5. Notices
All notices required or contemplated by this Agreement shall be personally served or mailed, (postage
prepaid and return receipt requested), addressed to the parties as follows:
To City:
Dani Daskam City Clerk and
Shelley Coleman, finance Director
City of Auburn
25 West Main Street
Auburn, WA 98001
To Contractor:
General Manager
Kent Meridian Disposal Company
22010 76ili Ave. South
Kent, W A 98032
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 30
6. General Terms
6.1 Collection Right
The Contractor shall be the exclusive provider with which the City will contract to collect Garbage, Yard
Debris and Recyclables placed in designated containers and set out in the regular collection location
within the City Service Area. When asked by the Contractor, the City shall use its best efforts to protect
this right of the Contractor; however, the City shall not be obligated to join or instigate litigation to
protect the right of the Contractor.
The Contractor shall not have any exclusive rights to collect, process or dispose of: (1) Garbage,
Recyclables or Yard Debris self-hauled by its generator; (2Lrecyclable materials generated by
Commercial Customers; (3) Source-Separated Recyclables hauled by common or private carriers
(including drop-off recycling sites); or (4} Yard Debris generated and hauled by private landscaping
servIces.
The Contractor shall retain ownership interest in Garbage, Recyclables and Yard Debris once these
materials are placed in Contractor-owned containers. The Contractor shall retain revenues gained from
the sale of Recyclables or Yard Debris. Likewise, a tipping or acceptance fee charged for Yard Debris or
Recyclables shall be the financial responsibility of the Contractor.
Nothing in this section shall limit the right of the City to execute separate annexation area franchises with
WUTC certificate holders other than the Contractor for collection areas outside of the City Service Area.
Expiration of Franchise Term
In the event that Kent Meridian Disposal Company is not the City's principal Solid Waste collection
contractor at the time a particular Annexation Area franchise expires, Kent Meridian Disposal Company
shall recover any Kent Meridian Disposal Company owned carts and containers and cease collection
services as of the last day of the franchise period.
In the event that the Contractor is the City's principal Solid Waste collection contractor at the time a
particular Annexation Area franchise expires, the Contractor shall inform its customers that services and
rates will be converted to the same as the rest of the City as of the expiration date, and as ofthat date The
Contractor shall provide collection services under the terms and conditions of the City's principal
contract with the Contractor.
6.2 Access to Records
The Contractor shall maintain in its local office full and complete operations and customer service
records that at all reasonable times 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 years thereafter,
maintain in an office in King County or Pierce County, reporting records and billing records pertaining to
the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting
the Contractor's work. Those Contractor's accounts shall include but shali not be limited to all records,
invoices and payments under the contract, as adjusted for additional and deleted work. The City will be
allowed access to these records for audit and review purposes.
6.3 Contractor to Make Examinations
The Contractor has made his own examination, investigation and research regarding proper method of
doing the work, and all conditions affecting the work to be done, and the labor, equipment and materials
needed thereon, and the quantity of the work to be performed. The Contractor agrees that he has satisfied
himself to his own investigation and research regarding all of such conditions, and that his conclusion to
enter into this Contract was based upon snch investigation and research, and that he 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 which may be erroneous.
The Contractor assumes the risk of all conditions foreseen and unforeseen, and agrees to continne to
work without additional compensation under whatever circumstances may develop other than as provided
herein.
6.4 Availability of Collection Vehicles
The Contractor's equipment used in the performance of this Contract shall be available for use by the
City in case of contract default, as described in Section 4.2. For this purpose, any document (including a
lease to or by the Contractor; a financing contract; an acquisition over time; a mortgage or other
instrument establishing a security interest) that encumbers or limits the Contractor's interest in such
property shall:
(i) Allow the surety on the Contractor's performance bond to take over the Contractor's obligations
and to continue the use of the equipment in service for performance of the contract during its
remaining life provided surety pays Contractor's lease rates; and
(ii) In the event the Contractor is in default and the surety on the Contractor's performance bond fails
to assume or continue performance within 48 hours after notice to do so, allow the City to lease or
sub-lease all or a portion of such property and use the same for a period of up to six months
following the date of the declaration of default by the Administrator, to provide such collection
services on the condition that the City pays to the City's lessor a market rental for the equipment or
property actually used in an amount no greater than the monthly lease in event of a lease, the
installment payment in event of a purchase contract, or the monthly interest and principal in event
of a financing arrangement; and,
(iii) Exempt the City from liability during its usage of such property for balloon payments, accrued
interest, accelerated charges on account of default, or other extraordinary payments; nor make
satisfaction thereof a condition. of the City's interim usage; and,
(Iv) Forbid any foreclosure, trustee's sale, or other dispossession of the Contractor's interest without
giving both the City and surety on the Contractor's performance bond sixty days prior notice, and
then, make any termination of the Contractor's possessor interest pursuant to such document or the
enforcement thereof subject to the requirements of subsections (i), (ii) and (iii) of this section.
In event of default, the Contractor shall allow the City to use such property in order to continue
collection services within the contract service area for a period of up to six months. Market-rate rental
fees. for all types of collection vehicles wi\1 be paid to the Contractor or successor interest, as set forth in
subsection (ii), above. To assure compliance with this section, the Contractor shall submit the following
to the Administrator for review and approval:
(i) All contracts, leases, or other documents encumbering or limiting the Contractor's interest in such
property;
Resolution No. 3927 Exhibit "A"
October 12,2005
Page 32
(ii) All contracts, leases, or other documents for acquisition or lease or replacement or substitute
equipment for such property; and,
(iii) Any proposed agreement that would encumber or transfer any interest of the Contractor in such
property before the Contractor's execution of such agreement.
No contract shall be awarded without the Administrator's prior approval of the documents identified in
this section and no transactions identified in this section shall take effect without the Administrator's
approval. The Administrator's approval shall not be unreasonably withheld,
6.5 Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims
for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, their agents, representatives, employees or
subcontractors.
6.5.1 Minimum Scope ofInsurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage If necessary, the policy shall be endorsed to provide contractual
liability coverage. Pollution liability coverage at least as broad as that provided under ISO Pollution
Liability Broadened Coverage for Covered Autos Endorsement CA 99 48 shall be provided, and the
Motor carrier Act Endorsement (MCS 90) shall be attached.
2. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 0 I and shall
cover liability arising from premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability assumed under an insured contract.
The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 II 85. There shall be no endorsement or modification of the
Commercial General Liability insurance for liability arising from explosion, collapse or underground
property dainage. The City shall be named as an 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 II 85 or a substitute endorsement providing eqliivalimt coverage.
3. Workers' Comoensation coverage as required by the Industrial Insurance laws of the State of
Washington.
6.5.2 Minimum Amounts of Insurance
Contractor shall maintain the following.insurance limits:
I. Automobile Llabilitv insurance with a minimum combined single limit for bodily
injury and property damage of $5,000,000 per accident.
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 33
2. Commercial General Liability jnsurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000
products-completed operations aggregate limit.
6.5.3 Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
Liability and Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance,
self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be canceled by either
party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has
been given to the City.
6.5.4 Acceptability ofInsurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII,
6.5.5 Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement, evidencing the insurance
requirements of the Contractor before commencement of the work.
6.5.6 Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to
all of the same insurance requirements as stated herein for the Contractor.
6.5.7 ACORD Form
If an "ACORD" form of Certificate of Insurance is provided to the .City pursuant to this section, -it must
be modified in the following manner:
Wording at top of ACORD Form - "This Certificate is issued as a matter of information only and confers
no right upon the certificate holder - Shall be Deleted In Its Entirety.
Wording at bottom of ACORD Form - "Should any of the above described policies be canceled before
the .expiration date thereof, the issuing company will endeavor to mail 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 compllny" - Shall be Changed to Read - "Should arty 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 holder and
Additional Insured, the City of Auburn, by certified mail."
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 34
6.6 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 one hundred thousand dollars ($100,000). 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 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 5 calendar days before its expiration.
6.7 Indemnification
(I) The Contractor shall at all times during the term of the contract indemnify, hold harmless and
defend the City, their elected officials, officers, employees, 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
rights and privileges granted by the agreement, provided, however, that
(A) The Contractor's obligation to indemnify, defend and hol>l harmless shall not extend to
injuries, sickness, death or damage caused by or resulting from sole willful or negligent acts
or actions of the City, its officers, agents or employees; and
(B) 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 Contractor and the City shall apply only to the extent of the Contractor's negligence.
(2) With respect to the obligations to hold harmless, indemnify and defend provided for herein, as they
relate to claims against the City, its officers, agents and employees, the Contractor agrees to waive
the Contractor's immunity under industrial insurance, Title 51 RCW, for any injury, sickness or
death suffered by the Contractor's employees which is caused by or arises out of the Contractor's
negligent exercise of rights or privileges granted by the agreement. This waiver is mutually agreed
to by the parties.
6.8 Assignment of Contract
6.8.1 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 Administrator 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
ahy obligations or lilibilities arising under or because <if this contract.
6.8.2 Assignment; Subcontracting; Delegation of Duties
The Contractor shall not assign or sub-contract any of the work or delegate any of its duties under this
Contract without the prior written approval of the Administrator unless there is an intra-company
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 35
transfers between different subsidiaries or branches of the parent corporation, or transfers resulting solely
from corporate restructuring.
When requested, approval by the Administrator of a subcontract or assignment shall not be unreasonably
withheld, In the event of an assignment, sub-contracting or delegation of duties, the Contractor shall
remain responsible for the full and faithful performance of this contract and the assignee, subcontractor,
other obligor shall also become responsible to the City for the satisfactory performance of the work
assumed. The Administrator 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.
6.9 Laws to GovernNenue
This Contract shall be governed by the laws of the State of Washington both as to interpretation and
performance. Venue will be in Superior Court in the State of Washington for King County.
6.10 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 project, 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 based on ability and fitness to all persons regardless of race, creed, color, national origin,
religion, sex, physical handicaps or age.
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 of Auburn from all damages assessed for the
Contractor's failure to comply with the Acts and Standards issued thereunder. 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 observ~ all weight-related laws. and regulations .in the
performance of these services, including axle bridging and loading requirements.
6.11 Permits and Licenses
The Contractor and subcontractors shall secure a City of Auburn business license 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 respol1.sible for all taxes, fees and charges incurred; including but not
limited to license fees, 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 City contract, business and occupation taxes, workers' compensation and
unemployment benefits.
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 36
6.12 Relationship of Parties
The City and Contractor intend that an independent City/Contractor relationship will be created by this
Contract. The implementation of services will 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.
6.13 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.
6.14 Right to Renegotiate/Amendment
The City and the Contractor shall retain the right to reinitiate this Contract or negotiate contract
amendments based on state statutory changes or rule changes in county, 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 State, County or City rate or fee associated with the Contract be held
illegal or any increase thereof be rejected by voters. In addition, the Contractor agrees to renegotiate
fairly with the City in the event the City wishes to 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.
6.15 Force Majeure
Provided that the requirements of this Section are met, Contractor shall not be deemed to be in default
and shall not be liable for failure to perform under this Contract if Contractor's performance is prevented
or delayed by acts of God including landslides, lightning, forest fires, storms, floods, freezing and
earthquakes, civil disturbances, acts of the public enemy, wars, blockades, public riots, breakage,
explosions, accident to machinery, equipment or materials, unavailability of required materials or
disposal sites, governmental restraint..or other causes; whether of the kind enumerated or otherwise,
which 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 give the City promptly written notice of the Force Majeure event, describing it in reasonable detail.
The Contractor's obligations under this Contract shall be suspended but only with respect to the
particular component of obligations affected by the Force Majeure and only for the period during which
the Force Majeure exists.
6.16 Costs and Attorney's Fees
If a legal action is instituted by reason of any default or breach on the part of either party in the
performance of any of the terms or conditions of this Contract,. the prevailing party shall be 'entitled to an
award of its costs, expenses and attorney's fees in connection therewith.
6.17 Illegal Provisions
At the discretion of the City, if any proVISIOn of this Contact shall be declared illegal, void, or
unenforceable, the other provisions shall not be affected, but shall remain in full force and effect.
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 37
6.18 Waiver
No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying
such waiver, 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.
6.19 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 provide 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.
Kent Meridian D~osal Company
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Dani Daskarn, City Clerk
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Attachments:
A: City Service Area
B:. Terms of Agreement.
Resolution No. 3927 Exhibit "A"
October 12, 2005
Page 38
Attachment A: City Service Area
A 1. Ordinance 5346
A2. Ordinance 5516
A3. Ordinance 5937
Resolution No. 3927 Exhibit "A"
October 12,2005
Page I
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Resolution No. 3927 Exhibit "A"
October 12, 2005
Agreement Attacbments
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. Ordinance 5516,1/28/2002
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Resolution No. 3927 Exhibit "A"
October 12,2005
Agreement Attachments
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Resolution No. 3927 Exhibit "A"
October 12, 2005
Agreement Attachments
Attachment B: Terms of Agreement
BI: Ordinance 5346 through 12/31/2010
B2: Ordinance 5516 through 12/31/2012
B3: Ordinance 5937 though 12/31/2015
Resolution No. 3927 Exhibit "A"
October 12,2005
Page 6
LETTER OF UNDERSTANDING BETWEEN THE CITY OF AUBURN
AND KENT MERIDIAN DISPOSAL
The City of Auburn and Kent Meridian Disposal have entered into an agreement
entitled Comprehensive AQreement for Solid Waste Collection in Annexed Areas
("The Agreement"). The Agreement is to become effective January 1, 2006.
However, the parties have agreed that those certain provisions of The
Agreement relative to the City taking over responsibility for billing Kent Meridian
customers will not take effect until April 1 , 2006. The parties also agree that the
April 1 date may be further delayed to another mutually agreeable later date if
necessary.
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