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HomeMy WebLinkAbout4688 RESOLUTION NO. 4 6 8 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR. AND CITY CLERK TO EXECUTE` AN ' AGREEMENT BETWEEN THE CITY OF AUBURN AND WASTE MANAGEMENT OF WASHINGTON FOR COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION SERVICES WHEREAS, Waste Management of Washington currentiy provides solid waste services under contract with the City of Aubum, which contract will expire December 31, 2012; and WHEREAS, :the Ciiy and Waste Management of Washington have negotiated a- new agreement, with enhanced services, to replace and supersede the previous contract prior to its expiration. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVE$ as follows: Section 1. The Mayor of the City of Aubum and the Aubum City Clerk are heceby authorized to execute an agreement befinreen the City of Auburn and Waste Management of Washington for Comprehensive Garbage, Recyclables and Compostables Collection in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. - Section 2. The Mayor is hereby authorized to implement such adminisfrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4688 February 28, 2011 -Page 1 of 2 Secfion 3. This resolution shall be in full force and effect upon passage and signatures hereon. , Dated and Signed this day of 2011. CI _ R~ . PETE B. LEWIS, MAYOR ATTEST: A at4~~Y-- Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. eid, Ciiy Atfomey Resolufion No. 4688 Fe6ruary 28, 2011 Page 2 of 2 - , . COMPREHENSIVE GA1tBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT , . . City of Auburn - and Waste Management of Washington, Inc. , Octo6er 1,2011= December 31, 2017 . , r COMPREHENSIVE GARBAGE, RECYCLABLES AND • COMPOSTABLES COLLECTION CONTRACT TABLE OF CONTENTS RECITALS....................................................................................................................:..:........................................1 DEFINITIONS .........................................................................................................................................................1 1. TERM OF CONTRACT 6 2. SCOPE OF WORK 6 2.1 GENERAL COLLEGTION SYS"I'EM REQUIREMENTS ...................................6 2.1.1 City Service Area 6 2.1.2 Annexation :7: 2:1.3 Unimproved FublicStreets and Private Roads ,.............8 23.4 Hours/Days of Operation 8 8 2.I.5 Employee Conduct ~ 2.1.6 Disabled Persons Service 9 2.1.7 HolidaySchedules ...................................:..........................................................:...................................................9 2.1.8 Inclement Weather and Other Service Disrup;ions ...................................:............................................10 2.1.9 Suspending Collection from Problem Customers' ...............................:...................................................11 2.1.10 Missed Collections ..........................................................................................................................................11 2.1.11 Same Day Collection ...:..........................................................................:.......................................................12 2.1.12 Requirement to Recycle and Compost ...........................................:........................................................12 2.1.13 Routing, Notication and Approval .................................................................................:.......................13 2.1.14 Equipment Age/Condition .........:...............................................................................................................:..13 2.1.15 Container Requirements and Ownership 15 , , 2.1.15.1 Micro-Cans and'Garbage Cans...................... 15 , 2.1.15.2 Garbage, Recyclables and Compostables Carts .......................................................................................................:..........15 2.1.15.3 Detachable and Drop-Box Containers 17 2.1.15.4 Ownership 18 2.1.15.5 Container Colors and Labeling ................:.........................................................:.....................................................:................19 2.1.15.6 MaximumFilled Container Weights :..:.:..:...;...19 ' 2.1.16 Spillage 20 ~ 2:1:17 Pilot Programs................................................................................... - .....20 2.1.18 Disruption Due to Construction 21 2.1.19 Contractor PZanning Assistance ......................................................:........................................................21 2.1:20 Safeguarding Public and Private Facilities .......................................:.................................................22 2.1.21. Company Name ..........................................................................................:...:.................:.........:....:::....:.......:.2Z 2.1.22 Transition and Implementation of Contract .....:.:...22 2.1.23 Ongoing Coordination with City and Performance Review ....:......24 2.1.24 Disposal Resfrictions and Requirements ..........................................................................:...........::.......25 2.1.25 Violation of Ordinance ............................................................................................................:.........:.......:...26 . 2.2 COLLECTION SERVICES . 26 2:2.1 Single-Family Residence Garbage Collection .26 2.2.1.1 Subject Ntaterials.....:._ 26 2.2.1.2 Collection Containers 26 2:2.1:3 Specific Gollection Requirements .::....::..;27 ~ 2.2.2 Single-Family Residence Recyclables Collection 28 . 2.2.2.1 Subject Matetials ...................................................................................................................:...............................:........................28 2.2.2.2 Containers ......................................................................................................................................................................:..................29 2.2.2.3 Specific Collection Requirements ..........................................................................:....................................:........::....:....:.......30 City of Auburn i February 2011 Solid Waste Collectioa Contract ~ 2.2:3' Compostables Collecfion , . ...31 • . 2.23.1 Subject Materials 31 . : 2.2.3.2. Containers m m....... :.:.::31 . 2.2.33 Specific Collection Requirements _ , ...........32 2:2:3:4 Food Scraps Collection............ ..:.:..:....32 2.2.4 Single Family Bulky Waste Collection 33 ; 2:2.4.1 Subject Materials .....:.....:..:..:...:..:..::::...:...:........................:....:........:.:..:........:....................................._...........:.:....:.».........._..._..33 , 2.2.4.2 Specific Collection Requirements :,:...::33 2.2.5 Multi-Family Complez and Commercial Customer Garbage Collection........ _ ...........................33 ' 2.2:5.1 ' Subject Materials ......:......:..:..:.......:..:...........:...................:.::...:.:...........:.......:.:..........:...:............................................:....:.:...........33 , 2.2.5.2 Containers .....33 2.2.5.3 Specifc Collection Requirements ..........34 . 2.2.6 A%lulti-Family Complez Recyclables Collection 5 ...................3 2.2.6:1 Subject Materials . _ ..35 ' . 2.2.6.2 Containers....._ .:35 ~ ' 2.2.6.3 . Specific Collection Reguirements ................................................:.....:.....................................:....:........:.:.:............................36 2.2.6.4 Multi-Family Recycling Outreach and Incendves....................... _ _ • _..........:36 ' 2.2. 7 Recyclables Drop-off Site......... , ....37 2.2.8 Commercial Recycling Collection 37 2.2.8.1 Subject Materials 37 ~ 2.2.8.2 Containers.... _ 38 2.2.8.3 Specific Collection Requirements 38 . 2.2:9 Multi-Family Complex and Commercial Customer Compostables Collection ............:.............39 2.2.9.1 Subject Materials 39 2.2.9.2 Containers ............................:.:..................................................:......................................................................................................39 2.2.9.3 Specific Collection Requirements .................................................:....:..............................................................................:.....40 . 2.2.10 Drop-Boz Container Garbage Collection ............................40 2.2.10.1 Subject Materials ................:..........:...................................................................................................................................:............40 2.2.10.2 Containers.:..::......:..:..:.................:.......................................................:.........:.........................................................................::.......41 12.103 Specific Collection Requirements ..41 2.2.11 . Service to the Boeing Company ....................:.............41 2.2.12 Temporary Container Customers 42 2.2.13 Municipal Services 43 . . 22.14 Community Events 4 2.3 MANAGEMENT 45 2.3.1 Responsibility of Participants 45 2.3.1.1 Contractor's Responsibilities ..:.................................................:...........:...:....................................................................:....:...:.45 2.3.1.2 City's Responsibilities..................................................:............................................................................................................:.47 2.3.2 Customer Service and Billing 48 23.2.1 Office L,ocation 48 2.3.2.2 Customer Service Requirements .......:.49 2.3.3 Contractor's Billing Resp"onsibilities .:.................:.............::..................................................................:....52 2.3.4 Reporting ..53 2.3.4.1 Monthly Reports ...:...::.................................................:............................:53 2.3.4.2 Annual Reports ..............:........:...:::.......:.::....::..:............:.......................:......:............:...........:.....:54 _ 2.3.43 Ad Hoc Reports 54 2.3.5 Promotion and Education 55 2.3.6 Field Monitoring.,......... 56 2.3.7 Transition to Next Contractor 57 3. COMPENSATION 57 3.1 COMPENSATION TO THE CONTRACTOR 57 3.2 COMPENSATION ADJUS'I'Iv1ENTS 58 3.2.1 Annual Rate Adjustment..:. :::...::..:.:....:.......................................:........58 3.2.2 Disposal Fee Adjustments .........................................................59 Cityof Auburn ii ; February 2011 " Solid Waste Collection Contract ~ ~ 3.2.3 Changes in Recyclables or Compostables Processing Sites and Tipping Fees ..........................59 . 3.2. 4 Other Modifications :...........................................................................::...............................................................59 " 3.3 CHANGE iN LAW .................................................................................................................................................60 - 4. FAII.,URE TO PERFORM, REMEDIES, TERMINATION 60 4.1 PERFORMANCE FEES ...............................:.........................................................................................................61 4.2 CONTRACT DEFAULT ....................................................................................................63 43 AVAII..,ABII.,I"I'1' OF COLLECTION VEHICLES 65 5. NO'ITCES 65 6. GENERAL TERMS 66 6.1 COLLEC'I'ION RIGH'I' ................................................................................:.......................................................:..66 6.2 AccESS To RECOxDs 67 , ...............:...c...........::..,67 6.3 CONTRACTOR TO MAKE EXAMINATIONS 6.4 Ii•tsuRANCE 68 6.4.1 Minimum Scope of Insurance ..................:...............................................:.:...:..:........:::.:::.............:::...............68, 6.4.2 Minimum Amounts of Insurance 69 6.4.3 Deductibles and Self-Insured Retentions 69 ~ 6.4.4 Otherlnsurance Provisions ........................................................................:................:.......................:.:..:.......69 64.5 Acceptabilify oflnsurers . .70 , 6.4.6 . Yeriflcation of Coverage ..........::70 ~ 6.4:7 Subcontractors............................................................... ............::70 _ 6. 4. 8 ACORD Form ..................................................::.:.................................................:.........::.:...............................:....70 _ 6.5 PERFORMANCE BOND " ` 71 ' 6.6 INDEMMFICATION 71 ' 6 61 Indemnify and Hold Hdrmless .........:.......:......................................................:.:......:...:..:..........:...:.::.....:..:.....71 6:62_ Notice to Contractor; Defense 71 . 663 Industrial lnsurance Immunity Waiver ......................................................................................::.:.......:...:..72 ' 6.7 PAYMENT OF CLAIMS . 72 , 6:8 CONFIDENTIALITY OF INFORMATION 72 : - .69 ASSIGNIVfENT OF CONTRACT 73 . ' 6.9:1 Assignment or Pledge of Moneys by the Contractor ...::73 69.2 Assignment, Subcontracting, Delegation of Duties and.Change in Control.....,.......................... 73 ' 6.1 O LAWS TO GOVERNNENUE ...............................................................................:....................:........................7.4 6.11 COMPLIANCE'WITH LAW 74 6.12 NON-DISCRIMINATION 74 - ~ . 6:13 PERMITS AND LICENSES ...............................................................................................:...::..............:....:..:...:.:.75 , 6:14 RELATIONSHIP OF PARTIES ....................................................................................................................:.........75 6:15 ~ CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS .................................................................................ZS , 6.16 ~ BnrrxxuPTCY .:..._....:...............................................................................................................................:.:::......:..76 6.17 . RIGHT TO RENEGOTIATE/AMENDMENT 76 ~ 6:18 FORGE MAJEURE 76 . 6.19 . ILLEGAL PROVISIONS/SEVERABILITY ...............................................:.:.......:.:........:::.............................:.....76 620 WAIVER 77 ~ 6:21 E1v1'iRETY ......:.:....:.:....................................................................:......:......:.....:.:......:......:..::.............:...................77 Attachment A: Service Area~Map Attachment B: Contractor Initial Rates Attachment C: Rate Modification Example City of Auburn iii February 2011 Solid Waste Collection Contract This solid waste collection conti-act is entered into.by a"nd between the City of Auburn, a municipal corporation of the State of Washington ("City"), and Waste Management of Washington, Inc:, a Washingtoa : corporation ("Contractor") to provide for,collection of Garbage, Compostables, and Recyclables from Single-Faniily Residences, Mu1ti-Family Complezes and _ Commercial Customers :located within the City Service Area. (Each . , . capitalized term is hereinafter defined.) : ~ The parties; in consideration of the promises, representations and: warranties contained herein, agree as follows:. RECITALS - WHEREAS, the Contractor represents that it has the experience, resources and expertise necessary to perform the contract services; and WHEREAS, the Contractor currently provides solid waste service under contract with the City, , which will expire DecembeT 31, 2012; and WHEREAS, the City and Contractor have negotiated this new agreement with enhariced services to replace and supersede the, previous contract prior to ttie previous contract's termination; and WHEREAS, the City desires to enter into this contract with the Contra.ctor for the Garbage, Recyclables and Compostables collection services; NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein contained, the City and Contractor do hereby agree as follows: DEFINITIONS Call Center Definitions: ASA (average speed to answer): The average amount of fime a Customer is on "hold" before a customer service representa.tive (CSR) has answered'the ca11, resulting in the ASA score. ABA %(call abandon rate)c The percentage of Customers who abandon the queue (hang up) while waiting for a GSR to answer. In Queue: Where the. phone call waits on "hold" before a CSR has answered the call, resulting in the ASA score. r . . On hold: The amount of time a Customer is on hold after the CSR has answered the call. For example, a Customer may beput on hold while a.CSR researches;information or asks : a supervisor to assist with the ca1L , City of Aubu"rn 1 Februa.ry 2011 Solid Waste Collection Contract Change in Control: Change in Controi m'eans any sa1e, merger, policy, of assets, the issuance of new shares, any change iri the voting rights,of existing shareholders, or other change in ownership which transfers 'the 25% or more of tlie beneficial interest therein from "one entity to another: Provided, however, tliat intracompany transfers, such as transfers between different subsidiaries or branches of the parent corporation of the Contractor, or transfers to corporations, limited partnerships, or any other entity owned or controlled by the Contractor upon the effective date of this contract shall not constitute a change in controL City: The word "City" means the City of Auburn, King and Pierce County, .Washington. As used in the Contract, it.includes the official of the City holding the office of the Mayor or her/his designated representative, such.as the City's _Finance Director. . City Service Area: The initial City Service Area shall be the corporate limits, of the City as of October 1, 2011 , excluding certain areas under transition franchise with other contractors. The initial City Service Area is delineated on the map provided as Attachment A to this Contract. , Commercial Customer: The term "Commercial Customer" mearis non-residential. CuStomers including businesses, institutions, governmental: agencies and all other users of commercial-type Garbage colTection services. - Gompostables: The word "Composta.bles" means Yard Debris, Shredded Compostable Mixed Paper, and Food Scraps separately or combined. Composfables Cart: Tlie term "Compostables Cart" means a Contractor-provided 35-, 64- or 96-gallon wheeled cart provided to Compostables collection Customers for the purpose of contairiing and collecting Compostables. - Container:' The word "Container" means any Micro-Can, Cart, Detachable Container or Drop- Box Container owned and provided by the Contractor. Contractor: The word:"Contractor" means Waste Management of.Washington, Inc., which has contracted with the City to collect and dispose of Garbage and to collect, process, maiket and transport Recyclables and Compostables. Curb or Curbside: The words "Curb" or "Curbside" mean on the homeowners' property, within five (5) feet of the Public Street or Private Road without blocking sidewalks, driveways or on- street- parking:. If extraordinary, circumstances preclude such a" location; Curbside shall be considered a placement suitable to the resident, convenient to the Contractor's equipment, and - _ mutually agreed to by the City and Contractor. Customer mearis a11 users of solid waste services. Detachable Container: The term "Detachable Container" means a watertight metal or plastic Container equipped with a tight-fitting cover, capable of being mechanically unloaded. into a City of Auburn 2 February. 2011 Solid Waste Collection Contract collection vehicle, and that is not less than one (1) cub'ic yard or greater than eight (8) cubic yards ` incapa.city. - - - Drop-Boz Container: The term "Drop-Box Contairier" mearis an a11-metal Container with twenty'(20) cubic yazds or more capacity that is loaded onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and transported back to the Customer's site. Eztra Unit: The term "Extra Unit" means excess material which does not fit in the Customer's primary Container. In the case of Gazbage Containers under one cubic yard in capacity and Residential Composta.bles collection, an Extra Unit is 31-ga11ons, and may be contained in eitlier a plastic bag or Garbage Can: In the ease of Containers one cubic yard or more in capacity, an Extra Unit is one cubic yard. Food Scraps: The term "Food Scraps" mean all Compostable pre- and post-consumer organic wastes placed in a Compostables Gart, such as whole or partial pieces of produce, meats; bones, cheese, bread, cereals; coffee grounds or egg shells, and food-soiled paper such as paper napkins, paper towels, paper plates, coffee filters; paper take-out boxes, pizza ;boxes, `or other paper or biodegradable products specifically accepted by the Contractor's selected composting site. Food Scraps shall not include dead animals weighing more than 15 pounds, plastics, diapers, cat litter, liquid wastes, pet wastes or other materials prohibited by the selected composting facility. The range of materials handled by the Compostables collection program may be changed from time to time upon the approval of the City to reflect those materials allowed by the Seattle-King County Health Department for the frequency of collection proyided by the Contractor. Garbage: The word "Garbage" means all putrescible and nonputrescible solid and semi-solid wastes, including, but not limited. to, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, and discarded commodities that are placed by Customers of the Contractor in appropriate bins, bags, cans or other receptacles for collection and disposal by the Contractor. The term Garbage shall not include Hazardous Wastes, Special Wastes, Source-Separated Recyclables or Compostables. Garbage Can: The term "Garbage Can" means a City-approved Container that is a water-tight galvanized sheet-metal or sturdy plastic Container not exceeding four (4) cubic feet or thirty-two (32) gallons in capacity; fitted with two (2) sturdy looped handles, one on each side; and fitted with a tight cover equipped with a handle. .All Containers shall be rodent and insect proof. Garbage Cart: _ The term. "Garbage. Cart" means a Contractor-provided 20-, 35-, 64- or. 96m gallon, wheeled cart suitable for household deposit, storage and Curbside placement and collection of Garbage. Garbage Carts sha11 be rodent and insect proof and kept in sanitary condition at all times. Hazardous Waste: The term "Hazardous Waste" means, any substance that is: A. Defined as hazardous by, 40 C.F.R. Part 261, and. regulated as Hazardous Waste by:the United States Environmental Protection Agency urider Subtitle C, ,of the Resource, Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et sea•, as City of Auburn 3 , February 2011 Solid Waste Collection Contract " amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances -Control Act, 15 U.S.C. § 2601 et sea•; ar-`any other federal sta.tute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtide C of RCRA. . B. Defined as dangerous or extremely hazardous by Chapter 173=303 WAC and.regulated as _.dangerous waste or extremely Hazardous Waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.1.05 RCW, or . any other Washington State statute or regulation governing,the treatrnent, storage; haridling or disposal of wastes and imposing special handling: -requirements similar to tliose required by Chapter 70.105 RCW. King County Disposal System: The term "King County Disposal System" means the real property owned, leased or, controlled by the King County Solid Waste Division, King County, Washington for the disposal of Garbage, or such other site as may_be authorized by the then current King CounTy Comprehensive Solid Waste Management Plan. Micro-Can: The term "Micro-Can" means a"water-tight plastic Container not exceeding ten gallons in capacity; fitted with two sturdy handles, one on each side; `and fitted with a tight coVer. Mized Paper: The term "Mixed Paper" means magazines, junk mail,. phone books,' bond or ledger grade .paper, cardboard, paperboard packaging and other fiber-based materials meeting industry standards. Tissue paper, paper towels; food-contaminated paper or paper packaging combined with plastic, wax or foil are excluded from the definition of Mixed Paper. Mized-Use Building: The term "Mixed-Use Building" means a structure inhabited by both Residential and Commercial Customers. 1Vlulti-Family Complez: The term "Multi-Family Complex" means a multiple-unit Resideace with three, or more attached or unattached dwellings, as designated by City billing policies. Mobile home parks billed collectively for collection service aze considered Multi-Family Complexes. Private Road: The term "Private Road" means a privately owned and maintained way that allows for access by a service truck and that serves multiple Residences. Public Street: The term "Public Street" means a public right-of-way used for public' travel, including public alleys. Recyclables: The word "Recyclables" means aluminum cans; corrugated cardboard; . glass Containers; Mixed Paper; motor oil, newspaper; recyclable plastic Containers that ' have contained non-hazardous products; polycoated or aseptic cartons; Scrap Metals and tin caris: ' Recycling: The word "Recycling" means pertaining to the preparation, collection, processing and, marketing of Recyclables: City of Auburn 4 February 2011 Solid Waste Collection Contract . . Recyclimg Cart: The term "Recycling Cart" means a Contractor-provided 35=, 64- or 96-gallon wheeled cart suitable for household collection, storage and Curbside placement of Source- Separated Recyclables. : Recycling Contaiaerc The term "Recycling_Container" means, a Contractor-provided Gontainer suitable for on-site collectiori; storage and placement of Source-Separated Reeyclables at Multi- Family Complexes and,Commercial Customer locations. Residence/ResidentiaL• The words "Residence" or "Residential" mean a living space, .with a kitchen, individually rented, leased or owned. Scrap Metals: The term "Scrap Metals" means- ferrous and nori-fenous metals, not to .exceed two.(2) feet in any direction and thirty-five (35) pounds in weight per piece. - Single-Family Residence:. The term "Single-Family Residence" means all one-unit houses, , duplexes and mobile homes that are billed for collection service individually and located on a Public Street or Private Road. Source=Separated:. The term "Source-Separated" means certain reclaimable materials that are _ separated from Garbage by the genera.tor for recycling or reuse, including, but not limited to ~ Recyclables, Compostables and other materials. Special Waste: The term "Special Waste" means polychlorinated biphenyl ("PCB") wastes, industrial process wastes, asbestos containing materials, petroleum. contaminated soils, treated/de-characterized wastes, incinerator ash, medical wastes, demolition debris and other materials requiring special handling in accordance with applicable federal, sta.te, county or local laws or regulations. Yard Debris: The term "Yard Debris" means leaves, grass and clippings of woody, as well as fleshy, plants. Unflocked, undecorated holiday trees are acceptable. Materials larger than four (4) inches in diameter ar four (4) feet in length are excluded. Bundles of Yard Debris up to two feet by two feet by four feet (2'x2'x4') in dimension shall be allowed and shall be secured by degradable string or twine, not ~ nylon or other synthetic materials. Kraft paper bags and untied reusable plastic-me`sh bags may also be used to contain extra Yard Debris. WiJTC: Washington Utilifies and Transportation Commission City of Aaburn , 5 ; February 2011 Solid Waste Collection.Contract COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES , . . COLLECTION AGREEMENT . This agreement (hereafter, "Contract") is made and entered into this -,day of 201l, by and between the City: of Auburri, a municipal corporation (hereafter, "City'.'), and-Waste Management of Washington, Inc, a Washington corporation (hereafter, "Contractor"). . TERM OF CONTRACT The term of this Contract is six yeazs-and three months, starting October 1; 2011, and expiring December 31, 2017. The,City may, at its sole option; extend the agreement for up to two (2) extensions; each of which shall not exceed two (2) years in duration: Any''such eartension shall be under the terms and conditions of this Contract, as amended by the City and'Contractor from time to" time. To exercise its option to extend this Contract; riotice "shall be given by the City to the Contractor no less than ninety (90) days prior to the expiration of - the Contract term or the expira.tion of a previous extension. In the event that additional areas are annexed into the City on or before the termination of this Contra.ct, those annexation areas shall continue to be serviced under the terins of tliis. Contract for a seven (7) year period, starting on the date of annexation, in accordance with ' Section 2:1.2 of this Contract. 2. SCOPE OF WORK 2.1 General Collection System Requirements The Contractor sha11 collect, take title to and dispose of Garbage, Recyclables and Compostables according to the terms and conditions of this agreement; provided; that the.Contractor. shall not knowingly or as a result of gross negligence collect or dispose - of Hazazdous Waste or Special Waste as those terms are defined herein. The . Contractor shall indemnify the City for any City damages eaused by violation of this . Section.. To the extent identifiable, Customers shall remain responsible for any Hazardous Waste or Special Waste inadvertently collected and identified by. ..the Contractor. 11.1 City Service Area The Contractor shall provide all services pursuant to this. Contract throughout the entire City Service Area. The Contractor agrees to service all Contractor areas annexed into the City on or before October 1, 2011 as part of the initial City Service Area, and this Contract shall supersede and cancel any previous agreements by and between the City and Contractor. City. of Auburn 6 February 2011 Solid Waste Collection Contract 2. f .2 Annexation If; during tlie terrri of tlie Gontraet; ad.ditional territory is added to the City through annexation or other means within which the Contractor has an existing WUTC certificate or. .other: franchise for solid waste collection at the time 'of aririexation, the Contractor shall make collection in such annexed area in accordance with the provisions of this Contract at the unit prices set forth iri this Contract. The City acknowledges that equipment, such as trucks,. carts and Containers; may - take time to procure, and therefore, shall not penalize the Contractor for reasonable delays in the provision of services to annexed areas due to procurement delays that are not within the control of the Contractor. ' 'This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that their certificate applicable to those annexation areas shall be cancelled efFective the da.te of annexation by the City. The Contractor expressly waives and releases its right to claim any damages or compensation from the City, its officers, agents,. or assigns arising out of the cancellation of any pre-existing permit or franchise held by the Contractor prior to annexation, and further specifically waives the right to receive any additional compensation or any rights of collection in the newly annexed territory. The term during whieh the Contractor will service any future annexation areas shall be seven (7) years, notwithstanding the term set forth in S'ection 1 of this Agreement. If, during the life of the Contract, additional territory is added to the City through annexation withirA which the Contractor does not have an existing WUTC certificate or other franchise for Gazbage or other collections, then, upon written, notice from the City, ; the Contractor agrees to make collections ~in such annexed azeas in accordance with the provisions of this Contract at the unit price set forth in this Contract. The City acknowledges that equipment, such as trucks, carts and Containers, may take time to procure for distribution, and therefore, shall not penalize the Contractor for reasonable delays in the provision of services to annexed areas covered by this: paragraph due to procurement delays that are not within the control of the Contractor. If a party other than : the Contractor holds the WiJTC certificate for any such additional; territory added to this Contract by annexation, the City will indemnify,. hold harmless and defend the Contractor from any and all claims, actions, suits, liability, loss, costs, expenses and clamages, including costs and attorney fees, brought by any entity previously serving the annexed area and arising out of Contractor's assumption of service in annexed territory under this Contract. Annexation azea Customers shall receive the same Containers as used elsewhere in the City, in accordance with the provisions of this Contract. In_ the event where an annexed azea is being serviced with Containers City of Auburn 7 February 2011 Solid Waste Collection Contract different from the City's program, the Contractor shall be responsible for , removal and reeycling of existing Containers and delivery of appropriate Containers to those Customers not later than 30 days after the Contractor's first collection in that area: 2.1.3 Unimproved Public Streets and Private Roads Residences located in an area that does not allow safe access, turn-around or clearance for service vehicles will be provided seryice if materials are set out adjacent to the nearest Public Street or Private'Road that provides safe access. ' In the event that the Contractor believes that a Private Road cannot be safely negotiated or that providing walk-in service for Single=Family Customers is impracfical due to distance or - unsafe conditions, the Contractor shall work with the City and Customer to negotiate the neazest . safe and mutually convenient pick up location.. If the Contractor believes that there is a probability of Private Road damage; tlie Contractor sha11 inform the respective Customers. Contractar may require a damage waiver agreement or decline to. provide service on those Private Roads. The City shall review and approve the damage waiver forni prior to its use with the Contractor's Customers: 2.1.4 Hours/Days of Operation ~ - All regular collections in Single=Family Residence, Multi-Family Complex and IVlixed-Use Building aieas shall be made on Monda.y. through Friday, between the hours of 7:00 a.m. and 6:00 p.m. The City may authorize a temporary-extension of hours or days. Saturday collec"tion is allowed to the extent consistent with special bulky waste`collections, make-up collec"tions, and holiday and inclement weather schedules. Commercial pickups may take place at any' time deemed appropriate by Contractor and Customer, provided that collections from Customers near areas zoned Residential sha11 be made only between the hours of 7:00 a.m. . and 6:00 p.m. Exemptions may be granted in writing by the City to . accommodate the special needs of Customers. City code noise restrictions, . as amended from time to time, shall be applicable to collection services provided under this contract. . 2.1.5 Employee Conduct The Contractor's employees collecting Gazbage, Recyelables and ~ Compostables shall at all times be courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their work without delay, minimize noise, and avoid damage `to public or private City of Aubum 8 February 2011 Solid Waste Collection Contract ~ property. If on private property, employees shall follow the regular - , pedestrian walkways and paths, returning. to the street after replacing empTy Containers. Employees shall not trespass or loiter, cross flower beds, hedges or property of adjoining premises,, or meddle with property that does not'concern them or their task at hand. . While performing work under the Contract, employees shall wear a professional and presenta.ble uniform with an identifying badge with photo and company emblem visible to the avera.ge 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 unsatisfactoryconduct. in . writing and transmit the documenta.tion to the Contra.ctor with a* demand that such conduct be corrected. The Gontractor shall investigate any written complaint from the City regarding any unsatisfactory.performance by any of its workers. If the offending conduct is repeated, the City may require that the person be removed from all performance of. additional work under this Contract. Removal shall, be addressed by the Contractor immediately, and related documentation shall be provided to the City. 2.1.6 Disabled Persons Service The Contractor shall offer carry-out service for Garbage, Recyclables and Composta.bles at no additional charge to up. to one hundred Single Fanuly Residences which meet City-defined service qualification criteria for individuals with, disabilities.and are authorized by the City for free carry- out service. If the City authorizes this service to more than one hundred Single Family Residences, the City shall pay the Contractor the regulaz carry-out surcharge specified in Attachment B for the number of residences in excess of the initial one hundred provided service under this provision. 2.1.7Holiday Schedules. The Contractor shall observe the same holida.y schedule as do King County Transfer Stations (New Years Day, Thanksgiving Day, and Christmas Day). . When the day` -of regular collection is a Kirig County Transfer Sta.tion holiday, the Contractor. may reschedule the remainder of the week of regulaz collection to the next succeeding workday, which shall include Saturdays. The Contractor may not collect Residential Garbage; Recyclables or Compostables earlier than the regular collection day due to a holiday. Commercial collections may be made one day early only with the consent of the Commercial Customer. City of Auburn 9 February 20.11. Solid Waste Collection Contract 2.1.8 Inclement Weather and Other Service Disruptions When weather conditions are such that contiriued operation would result in danger to the Contractor's sfaff, area residents or property, the Contractor shall coll'ect only in azeas that do not pose a danger: The Contractor sha11 ' notify the City of its collection plans and outcomes for each day that severe inclemerit weather is experienced as soon as pracfical that same business , day. : . The Contractor shall collect Garbage, Recyclables and Gomposta.bles from Customers with interrupted service on the first day that regular service to a Customer resumes and sha11 collect reasonable accumulated volumes of _ materials equal to what would have been collected on the missed cbllection day(s) from Customers at no extra chazge. Following notification to the City, the Contractor will lie provided temporary authorization to perform collection `services after 6:00 p.m. and/or on Saturdays following disruptions due to weather in order to finish collection routes. If multiple days are missed due to inclement weather in multiple weeks, collections sha11 be made on the next regularly scheduled collection day. In the event of successive service disruptions impacting entire neighborhoods, _ Contractor may , provide temporary Residential . Garbage collection sites usirig driver-staffed Drop-Box Containers or other suitable equipment, with no extra charge assessed for such temporary service. The inclement weatherldisruption in service requirements in the preceding paragraph may be changed upon ' mutual written agreement of the . Contractor and City at any time during the` term of this Contract to better ~ serve Customers. Weath'er policies sha11 be iricluded in program information provided to Customers. On each inclement weather day; the Contractor shall release notices to the local newspapers and radio stations (including the Seattle Times and KING AM, KIRO, KOMO and KUOW radio stations) and.the Contractor's website notifying residents of the modificafion to the collection schedule. The City may specify additional media outlets for . Contractor announcements at its discretion. The Contractor shall also ' notify The Auburn Reporter newspaper when the duration of an inclement weather, event is long enough to warrant notice in that publication. Upon City request and provision of a Customer phone number list that has ` been updated not less than 30 days ago, the Contractor sha11 use automated dialing services to inform Customers at the route level about service changes.. Customers shall be provided the opfion of opting out of automated calls. City of Auburn 10 February2011 Solid Waste Collection Contract When closure of roadways providing access or other non-weather related events beyond~ the Contracfor's control prevent timely collection on the scheduled day, the Gontractor sha11 make collectioris on the first day that , regular se=vice to a Customer resumes, collect reasonable accumulated. volumes of - imaterials .equal to what,'would have been collected on the ' missed collection,day(s) from Customeis at no extra charge. Following ` notification ; to t11e City, the -Contractor will be. provided temporary ` authorization to perforin collection services a.fter 6:00 p.m. following such " "'disruptiori's in order to finish collection routes. Delayed or interrupted , collections as described in this Section are not considered service. failures for purposes of Section 4.1. ~ 2.1:9 Suspending Collection from Problem Customers The City and Contractor acknowTedge that, from time to time, some . Customers may -cause disruptions or conflicts that make continued service to that Customer urireasonable: Those disruptions or conflicts may include, . but not be limited to, repeated damage to Contractor-owned Containers, repeated refizsal to position Garbage, Recycling :and Compostables Carts properly, repeated suspect claims of timely set-out followed by demands for return collection at no charge, repeated claims of Contractor damage to , a Customer's property, or other such problems: T'he Contra.ctor shall make every reasonable effort to provide service to those problem Customers. However, tlie Contractor may deny or discontinue service to a problem Customer if reasonable efforts to accommodate the Customer arid to pTOVide services fail. In this case, the Contractor sha11 provide advance written notification to the City of its intention to discontinue service. The City may, at its discretion, intervene in the dispute. 1n this event, the decision of.the City shall be final. The , y. City may, also require the denial or discontinuance of service to any Customer who,is abusing the service or is determined to be ineligible. 2.1.10 Missed Collections If Garbage; ;Recyclables or Compostables Containers are set out inappropriafely, improperly prepared' or contaminated with unacceptable materials, the Coritractor sliall place in a prominent location a notification ~ tag that . id"entifies the specific problem(s) -and reason(s) for rej ecting the materials fo"r. collection. Failuie to provide proper notification to Customers of'the" reason for rejecting materials for collection shall be considered. a.missed collection andlor subject to performance fees due to lack of proper Customer notification. The failure of the Contractoi `to collect Garbage, Recyclables or Composta.bles that has been set out 6y a Customer in the proper manner City of Auburn 11 February 2011. Solid Waste Collection Contract shall be considered a missed pick-up, and the Contractor shall collect the materials from the Customer the following da.y by noon when notified by 4:00 p.m. Monday through Frida.y. The Contractor shall maintain an electronic record (in a Microsoft Excel or equivalent electronic file) of a11 missed collections (whether reported by telephone call or e-mail) and Contractor sha11 routinely note and provide corrective action to those Customers who experience repeated missed collections. Such records sha11 be made available for inspection upon request by the City and shall be included with monthly reports unless otherwise directed by the City. In the event that the Contractor fails to collect the missed pick-up by noon the following day from receipt of notice (or on Monday in the event of notification after 4:00 p.m. on Friday), the Contractor shall collect the materials that day and sha11 be subject to performance fees. If the Contractor is requested by the Customer to make a retutn trip due to no fault of the Contractor, the Contra.ctor sha11 be permitted to chazge the Customer an additional fee for this service (a "return trip fee" at the rate specified in Attachment B), provided the Contractor notifies the Customer of this charge in advance. 2.1.11 Same Day Collection Garbage, Recyclables and Compostables collection shall occur on the same regularly scheduled day of the week for Single-Family Residence Customers. The collection of Garbage, Recyclables and Compostables from Multi-Family Complexes and Commercial Customers need not be scheduled on the same day. 2.1.12 Requirement to Recycle and Compost T'he Contractor shall recYcle or comPost all loads of Source-SePara.ted Recyclables and Compostables ~ collected, unless express prior written permission is provided by the City. The disposal of contaminants separated during processing is acceptable to the extent that it is unavoidable and consistent with industry standards. The Contractor's residuals from the overall processing operations at the facility (including both City and non- City material) shall not exceed 5%. Recyclables in residual stream shall not exceed 5% of the inbound Recyclables. If more than 5% of inbound materials aze found to be contaminants, the Contractor will develop a plan to determine which Customers are adding contaminants in their Recyclables and then provide a public education program to remedy the situation. The Contractor shall process Recyclables in such a manner as to minimize out-throws and prohibitives in baled material. Out-throws shall . be less than 8%, prohibitives less than 1%-2% by weight of outgoing materials. City of Auburn 12 February 2011 Solid Waste Collection Contract - . . , . . . . ' The Contractor shall remove 90% or more of the inbound contaminants for disposal. City staff sha11 be provided access to.the Contractor's processing facilities at 'any time 'for the purposes, of periodically monitoring the facilities' performance under this Section, and provided that the City shall comply - with a11 applicable-safety protocols and procedures in place at Contractor's facilities. Monitoring may include, but not limited to, taking samples of unproc.essed Recyclables, breaking seleeted bales and measuring the out-, throws and proriibitives by weight, taking samples of processed glass and metals, reviewing actual markets and use of processed materials, and other activities to ensiire the Contractor's performance under this Section and to ensure that misdirected Recyclables and contamination aze minimized. Obvious contaminants included with either Source-Separa.ted Recyclables or 'Compostables sha11 not be collected, and sliall be left in the Customer's Container witti a prominently displayed notification tag (per Section 2:1.10) explaining the reason for rej ection. 2.1.13 Routing, Notification and Approval The Contractor shall indicate, on a detailed map acceptable to the City, the - ` day of the week Garbage, Recyclab]es and Compostables shall be collected - from each Single-Family Residence: The Contractor may cha.nge the day of collection by giving notice at least forty;five (45) days prior to the effecfive date of the proposed change and must obtain advance written approval from the City. On the City's approval, tlie Contractor shall provide affected Customers with at least fourteen (14) days written notice of pending changes of collection day. The Coritractor shall obtain the prior writfen approval from the City of the notice to be given to the Customer, and such approval shall not be ' urireasonably, withheld. ' 2.1.14 Equipment Age/Condition ' The Contraetor sha11 replace its existing fleet with new compressed natural gas-fueled vehicles during.2014 and ear1y,2012, and by March 31, 2012, all ° collection and support yehicles shall meet model year 2010 or later model year federal emissions- standards. Tlie Contractor shall make its fast fill compressed natiral gas fueling station_ available to retail customers no later than June 1, 2012, provided that City zoning approval_and other applicable permits can be obtained.for such use,, and unless the City determines other events beyond the Contractor's reasonable control result in delays in . opening such retail station. City"of Aaburn 13 .February 2011 Solid Waste Collection Contract ` Back-up vehicles used fewer than thirty (30) operating da.ys per calendaz year sha11 not be subj ect to the model. yeaz and fuel-use standards that apply to regularly-used vehicles, but shall be presentable, in safe working order, and, shall be subject to. a11 other conditions of this Section. The accumulated annual use of individual back-up vehicles shall be reported in the Contractor's morithly report. All vehicles used in the performance of this Contraet shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at least once each week and sha11 be repainted as necessary. ' All collection equipment shall have appropriate safety mazkings, including all highway lighting, flashing and waming lights, clearance lights, and - waming flags, all in accordance with current sta.tutes, 'rules and regulations. Equipment shall be rriaintained in good condition at a11 times. All' parfs and systems of the collection vehicles shall operate properly and be maintained , in a condition satisfactory to the City. The Corifractor shall maintain collection vehicles to ensure that no liquid wastes (such as Garbage or Compostables leachate) or oils (lubricating,: hydraulic or fuel) are. discharged to Customer premises or City streets. Any equipment not meeting these standards shall not be used within the City until. repairs are made. The City shall be notified of all spills within two hours of spill occurrence and such spills: shall be ixnmediately cleaned to the City's and . Customer's satisfaction. . Unremediated spills. and failure to repair vehicle leaks shall be subject to performance fees as provided in Section 4.1. . All collection vehicles shall be labeled with.signs on both the front and driver's side door , and the rear of the vehicle which clearly indicate the vehicle inventory number. The Contractor's customer service telephone: number shall be labeled on the side of the vehicle: No advertising shall be allowed on Contractor vehicles other thanthe Contractor's name, logo and Customer service telephone number and website address. Special promotional messages may be permitted, upon the City's prior written approval. All Contractor route, service and supervi"sory vehicles shall be equipped with properly licensed two-way communication equipment, The Contractor sha11 maintain a base station or haye communication equipment capable of reaching all collection areas. The Contractor shall maintain all vehicles used- im Auburn in a manner intended to achieve reduced emissions and particulates, noise levels and - fuel use. By December 31, 2012, the Contractor's entire fleet used in Auburn shall meet certification criteria established via the Puget Sound C1ean Air Agency Evergreen Fleets Program. City ofAuburn 14 February 2011 Solid Waste Cotlection Contract - 2.1:15 ContaiIier~Requirements and Ownership' ` The Contractor shall: procure and maintain a sufficient quantity of Containers , to service the City's Customer base, including seasonal and economic variations in Container demand. Failure to ha.ve a Container available when required -by a Customer shall subject the Contractor to - performarice fees, as provided in Sectiori 4.1. Customers may elect to own or secure Containers from other sources, and shall not be subject to discrimiriation by the Contractor in collection services on that account. However, Containers owned or secured by . Customers must be capable of being serviced safely by the Contractor's - collection vehicles to be eligible for collection. The Contractor sha11 provide ` labels and collecdon service for compatible Customer-owned `Containers: The Contractor is not required to service Customer Containers that are not compatible with the Contractor's equipment. In the event of a dispute a5-fo whether a particular Container is compatible, the City shall make a final determination. ' 2.1.15.1 Micro-Cans and Garbage Caris - Single family Customers shall use a Contractor-supplied ' Micro-Can or Cart for their initial Garbage Container. Garbage Cans and/or plastic bags may be used for overflow volumes of Garbage, but not as a Customer's primary Container. If °a -Gustomer : uses their own Garbage Can for occasional "extras," Contractor crews shall be expected to handle the Container in such a way as to minimize undue damage. The Contractor shall be responsible for unnecessary or unreasonable . damage. to Customer-owned Containers, wear and tear . excepted. 2.1.15.2 Garbage, Recyclables and Compostables Carts The Contractor shall provide Micto-Cans, and 20-, 35-, 64- and 96-gallon Garbage Carts for the respective leyel of Garbage _ collection; 35-, 64- or 96-gallon Recyclables Carts; and 35, 64- - and 96-gallon Compostables Carts. The Contractor shall , provide 35-, or 96-gallon Recycling Carts on request to those residents requiring less or additional capacity to that provided by.the default 64-gallon Recycling Cart. I All Carts shall be manufactured from a minimum of 10 percent (10%) post=consumerrecycled plastic, with a lid that will accommodate a Contractor affixed instructional label. Carts City'of Au6urn 15 February, 2011 Solid Waste Collection Contract ' - shall be provided, to requesting _ Customers within seven (7) days of the Customer's initial request: Failure to do so will result in performance fees. as provided in Section 4.1. All wheeled cart manufacturers, styles and colors shall be approved in writing by the City prior to the Contractor ordering a Cart inventory. All Carts must have materials prepaiation instructions 1and telephone and, website contact information that. visuallydepicts allowed and prohibited materials suitable for the designated Cart either screened or printed on a sticker affixed to the lid. All Contractor-owned wheeled carts sha11: be rnaintained by the . Contractor in good condition. ,.to allow material storage, handling, and; collection; contain no jagged edges or holes; be . equipped with functional wheels or rollers for movement; and be equipped with an anti-skid device or sufFcient surface_ area on the bottom of the Container to prevent unwanted movement. The carts shall be labeled with instructions for proper use, including any Customer actions that would void manufacture - warranties (such as placement of hot ashes in the, Container causing the Gontainer to melt or burn). Contractor personnel shall note any damaged hinges, holes, poorly functioning wheels and other similaz repair needs on Contractor-owned carts (including those for Garbage, Recycling and Compostables) and forward repair nofices to the Contractor's service personnel. Cart repairs shall then be made within seven (7) days at the Contractor's expense. Any Cart that. is damaged or missing on account of accident, act of nature or the elements; fire, or theft or vandalism by other members of . . the public shall be replaced no later ttian three (3) business days after notice from the Customer or City. Replacement Carts may be new or used and reconditioned; and all Carts shall be ' clean and appear presentable when delivered. Unusable carts shall be retrieved by Contractor, cleaned (if necessary) and. recycled to the extent possible. . In the event that a particular Customer repeatedly damages a Cart or requests more than one replacement Cart during the term of the Contract due solely to that Customer's negligence or intentional misuse, the Contracfor shall forward in writing the Customer's,name and address to the City. The City shall . then attempt to resolve the problem. In the. event that ` the problem continues, the Contractar may discontinue service to that Customer, on the City's prior approval and/or may charge City of Auburn 16 February 2011 Solid Waste Collection Contract J the Custoiner a City-approved Cart destruction fee no greater than half of the current new Cart replacement cost. 2:1.15.3 Detachable and Drop-Box Containers Tlie Contractor shall furnish, deliver, and properly locate 1-, 1.5-, 2-; 3-, 4-, 6- and 8-cubic yard Detachable Gontainers, and 20-, 30-, or 40-cubic yard uncompacted Drop-Box Containers to any Customer who requires their use for stora.ge and -collection of Gazbage witliin fhree (3) days of the request. The . Conlractor may, at its discretion, provide additional Container ' sizes for'Recyclables or Compostables service. ' Containers shall be located on the premises in a manner satisfactory to the Customer and for safe and efficient collection by the Contractor: ' Containers shall not be placed by Contractor, or kept for use by Customer, in any City Public Street. Any Container* located in any City Public Street at any time is at the Contractor's 'risk and not the City's. Any . ' Container located iri City Public Right of Way is in violation of this section, and shall iminediately be removed upon request by the City. Detachable Containers shall be: watertight and equipped with tight-fitting metal or plastic covers, which covers shall be closed by Contractor after every service; have four (4) wheels for Containers 3-cubic yards and under; be in good condition for Garbage, Recyclables or Compostables storage and liandling; and, have no leaks, jagged edges or holes. Drop-Box Containers shall be all-metal; and if requested by a Customer, equipped with a tight-ftting screened or solid cover operated by a functional winch system that is maintained in good repair. Each type of. Detachable Container (i.e. Recyclables, . Compostables or Garbage) shall be painted a color consistent with the program it is usedfor, subject to the requirements of Section 2.1.15.5, with color changes subject to the City's prior . . written, . approval. Individual Containers shall be repainted as ' needed. . _ , Detachable Containers ; shall be cleaned, reconditioned and repainted (if necessary) before being initially supplied, or retumed" after repair :or reconditioning, to any Customer. The Contractor shall provide an on-call Container cleaning service to Customers: Trie' costs .of on-call cleaning shall be billed directly to the Customer in accordance with Attachment B. . City of Auburn 17 February 2011 Solid Waste Collection Contract . Containers on Customers' premises are at the Contractor's risk and not the City's. The Contractor sha11 repair or replace within twenty-four (24) hours any Container that.was supplied by the Contractor if the City or a Health Department inspector determines that the Container, fails to comply with reasonable standazds or in any way constitutes or contributes to a health or . safety haiard. ' . Customers may elect to own, or self provide, Containers from other sources, and shall not be subject to discrimination by the - Contractor in collection services on that account. However, any Coritainers owned or self-provided by Customers must be , compatible with Contractor''s collection vehicles. The Contractor is not required to empty or service Customer Containers that present a safety hazard or are not compatible with the Contractor's equipment. In the event that, a particular Customer. repeatedly, dainages a , Container due. to that Customer's negligence or intentional misuse, the Contractor shall forward in writing the Customer's name and address to the City. The City shall then attempt to ~ resolve theproblem. In the event that the problem continues, the Contiractor may discontinue service to that Customer, on the. - , . . City's prior approval. 2.1.15.4 Ownership On the termination of this Contract for any reason, a11 , Contractor=supplied Garbage Carts, . Recycling Carts and Compostables Carts purchased or obtained by the Contractor in performance of this contract, shall, af'the option of the City; . . revert to City ownership without furtlier compensation to the ` Contractor. Upon written notice, the City may elect to assign ' this ownership option to a third party. Detachable Containers and Drop-Box Containers sha11 be ' purchased, delivered and maintained by the. Contractor during the term of this Contract. On the termination of this C.ontract ' for any reason, the City may, at its option, purchase -or assign the right to puTChase the Contractor's in-place inventory of ' Detachable Containers or Drop-Box Containers for use by the successive contractor. In the event that Contractor's Containers are purchased or assigned, the sale price shall equal , fifty percent (50%) of the average new price for each Container, based on the average price from three- (3) manufacturers at the time of,the termination. For the purposes City of Auburn 18 February 2011. Solid Waste Collection Contract of this transaction; the average prices shall include transporta.tion from the manufacturer to the Contractor's closest service yard. ' 2.1.15.5 Container Colors and- Labeling New and replacement Contractor-provided Recycling Carts shall be blue, Compostables Carts shall be grey, and Gazbage Carts shalT'be green. 'Deta.cha.ble Containers used for Garbage shall be ~ green arid a11 ':Detachable Containers used for . Recyclables shall be blue starting December 31, 2011, for - Multi-Family and Commercial Customers. The City may direct changes to cart colors at any time prior to the Contractor ordering initial or replacement carts provided the new direction from tlie. City does not require replacement of existing inventories and the cost per unit does not increase to - the Gontractor. Specific Container colors shall be approved by the City'prior to the Contraetor's order of new Containers. All Containers shall be labeled.with up-to-date instructional inforniation and contact information prior: to delivery, including both.a Contractor's customer service phone number and a :website address. All label designs shall be approved by the City.prior to ordering by the Contractor. The location of the labeT on the Containers shall be subject to the City's prior approval. Individual. container labels sha11 be replaced by the Contractor at no additional charge when faded, damaged or out-of-date. 2.1.15.6 Maximum Filled Container Weights Micro-cans and 20-gallon Garbage Carts shall not exceed forty (40); pounds and Garbage Cans shall not exceed sixty -five (65) , pounds in weight: Cart weights sha11 not exceed sixty-five (65) - pounds for. the 35-gallon size, one hundred-twenty (120) pounds for the 64-gallon size and one hundred-eighty (180) pounds for the 96-gallon size: No specific weight restrictions are provided for Deta.chable Containers, however, the Contractor sha11 not be required to lift or remove materials from a Detachable Container exceeding the safe working . capacity of the collection-.vehicle. The combined weight of Drop-Box and contents must not cause the collection vehicle to exceed legal road weights: = - City of Aubam 19 February 2011 Solid Waste Collection Contract - 2.1.16 Spillage . All loads collected by the Contractor shall be completely contained in collection vehicles at all times, except when material is actually being loaded. Hoppers and tippers on all collection vehicles sha11 be operated so as to prevent any blowing or spillage of materials. Any blowing or spillage of materials either caused by Contractor or that occurs during collection sha11 be immediately cleaned up by the Contractor at Contractor's expense. Prior to any collection vehicle leaving a collection route and/or operating on any roads with a speed limit higher than 25 miles per hour, Conlractor shall completely close ariy collection vehicle openings where materials may blow out, and thoroughly inspect for and contain any collected materials iria.dvertently spilled on top of the collection vehicle to prevent release or littering this material. Spillage shall be reported to the City within two hours of occurrence and spillage not immediately cleaned up sha11 be cause for performance fees, as described in Sectiori 4.1. All vehicles used in the performance of this Contract shall be required to carry regularly-maintained and fully-functional spill kits: At a minimum, spill kits shall include absorbent pads or granules,. containriient booms, storm drain covers, sweepers and other similar materials sufficient to conta'in, control and, for minoarar events, appropriately clean-up any spillage or release of wind-blown materials, litter, or leaks of Contractor vehicle - fluids or leachate. Spill kits shall also include employee spill containment . instructions and procedures as well as a regularly updated list of emergency ° contacts. The Contractor shall develop spill response - procedures for review and approval by the City before initiating any work under this Contract. Prior to operating any vehicle in the City; all Contractor vehicle drivers shall be provided with hands-on training on the location, _ _ maintenance, and use of spill kits and associated, containment and notification procedures. Such training shall be provided to all vehicle drivers at least annually. All Drop-Box loads (both open and compactor) shall be properly and thoroughly covered or tarped to prevent any spillage of material prior to Contractor vehicle entering any Private Road or Public Street. 2.1.17 Pilot Programs " The City may wish to test and/or implement one or more changes to waste stream segregation, materials processing or collection technology; promotion of services, or collection frequency at some point during the term of the Contract. The City shall notify the Contractor in writing at least ninety (90) days in advance of its intention to implement a pilot prograzn or of its intentions to utilize a new technology system on a City-wide basis. The costs (or savings) accrued by any City-initiated pilot programs sha11 be City of Auburn 20 February 2011 Solid Waste Collection Contract negotiated prior: to ' City-wide implementation. The Contractor sha11 coordinate vtrith the _ City and participate. fully in the design, roll-out, operation and troubleshooting of such pilot programs. ~ Contractor-initiated pilot programs shall require prior written notification and approval by the City. Contractor-initiated pilot programs shall be performed at no additional cost to the' City or the, Contractor's Customers; however, savings accrued may be subject to negotiations prior to City-wid'e implementation at the City's request. Contractor-initiated surveys are allowed of businesse"s and/or Residences to gather information about generic service preferences or to acce5s pilot program options or outcomes, provided that all related data and analysis is sha.red with the City. 2.1.18 Disruption Due to Construction - The City reseives the right to construct any improvement or to permit any such construction in any street or alley in such manner as the City may direet, which may have the effect for a time of preventing the Contractor from traveling tlie accustomed route or routes for collection. However, the Contractor sha11, by ' the most expedient manner, continue to collect Gazbage;`Recyclables and Compostables to the same extent as though no interference existed upon the streets or alleys normally traversed. This collection shall be done at no extra expense'to the City or the Contractor's Customers. 2.1.19 Contractor Planning Assistance The Contractor sha11, upon request and without additional cost, make available site planning assistance to either the City and/or property owners ar their representatives. The site planning assistance shall be available for all new construction or remodeling of buildings and structures within the City Service Area, and shall address the design and planning of Garbage, Recyclables arid Compostables removal areas and their location upon the site of the proposed construcfion or remodeling project. Contractor planning assistance for optirnizing loading docks, enclosures, compactor equipment, and other similar structures or areas shall also be available for existing Customers when adjusting Garbage, Recyclables and Compostables services. Contractor planning assistance shall be provided within two wo_rking days of the Contractor receiving a written request for assistance. City of Auburn 21 F&ruary' 2011 Solid Waste Collection Contract - 2.1.20 Safeguarding Public and Private Facilities The Contractor sha11 be obligated to protecf all public and private improvements, facilities- and utilities whether located on public or private property, including street Curbs.. If such improvements, facilities, utilities ar.Curbs are damaged arid such damage is primarily attributa.ble to the Contractor's opera.tions, the Contractor sha11 notify `the City immediately in writing of a11 damage, and the Contractor shall repair or replace the same. If the Contractor fails to do so promptly, as reasonably determined by the City, the City sha11 cause repairs or replacement to be made, and the cost of doing so sha11 be billed to and become the responsibility of the Contractor. 2.1.21 Company Name The Contractor shall not use a firm name containing any words implying municipal ownership witliout prior written permission from the City. 2.1.22 Transition and Implementation of Contract The Gontractor shall work with the City to design and distribute promotional materials to Customers throughout the City. This information , is designed to provide information about the City's programs (and any service changes) and to inspire interest .from the community in actiyely participating in the programs: The Contractor shall, at its expense; provide the following: (1) Single Family Residential Customers. a. By September 15, 2011, the Contraetor shall mail a letter and a brochure describing the City's services and new rates to all , Residential Customers in the City. This brochure shall include . organics recycling, waste reduction information and alternatives - , _ 'for hard-to-recycle materials. Other outreach efForts ma.y include: i. Post cards with cart delivery date information. H. Outdialers to customers before carts aze delivered: iii. Press Releases and development of "earned media," iv. Presentations to local rotary and chamber of commerce groups. v. Newsletter articles and other inforination as requested by the City. City of Auburn 22 February 2011 Solid Waste Collection Contract (2) Commercial Customers. a. By December 31, 2011, tlie Contractor sha11 visit all Commercial Customers in the City, to provide information on the City's , commercial recycling program_ and to audit current and potential : service levels. Auditors 'shall provide information on the City's recycling program arid cost savings associated with the program. Compostables and hazardous waste disposal options sha11 also be discussed during these visits. b. All participating Commercial Customers shall be provided with brochures and posters about proper recycling techniques. . , c. By December 31, 2011, all green Detachable Recycling Containers shall be replaced with, blue Detachable 'Recycling . , Containers. (3) Multi-Family Customers. , a. Site Visits. By June 30, 2012, the Contractor shall visit each - Multi-Family Complex.in~the City. During these site visits, the Contractor shall: i. Audit service levels and provide information on potential cost savings associated with increased recycling. , 11. Ensure that all Recycling Containers are labeled correctly. ~ i i i. -Arrange for the replacement of any green Recycling Containers with blue 'Recycling Containers by December 31 , 2011. , _ iv. ` Provide recycling related posters and brochures for Multi- . ` Family Complexes. v... Update or establish contact information for ongoing , communication. . , vi. Provide the City with a report of tfie outcomes from these • . site visits: - - City of Auburn . 23 February 2011 Solid Waste Collection Contract ' ' (4) Other. a. All existing Recycling Containers sliall be re-labeled by March 31, 2012. b. Additional staffing. shall be provided for Contractor Customer service lines to accommoda.te Customer questions during the . transition period. ~ c. By October 1, 2011, the Confractor will provide a detailed analysis of current level of compliance witli "Evergreen Fleets." - d. Provide for City review the initial draft. Arinual. Service Updates in accordance with Section 2.3.5 before October l, 2011. - The above dates may be shifted earlier upon permission of the City, provided that Customers receive new Containers in a way to minimize confusion. All Container decals, Cart imprints and materials provided by the . Contractor to Customers shall be reviewed arid approved by the City in ' advance of production or distribution. 2.1.23 Ongoing,Coordina.tion with City arid Performance Review : - The Contractor's supervisory staff shall be available to meet with the City at the City's offices on request as well as on a monthly schedule to discuss and resolve operational and-Contract issues. , The City may, at its option, conduct periodic performance reviews of the Contractor's, performance . under tfiis Contract. The City may perform the review to confirm various aspects of the Contractor's operations and compliance with. this Contract. City staff or contracted consultants may provide tHe review at the City's direction.; The Contractor shall fully cooperate and assist with all aspects of the performance review, including access to Contractor's route and Customer service data, billing information, safety records, equipment, facilities and other applicable items. The City's scope of review under this provision is intended to focus on analysis of the Contractor's performance and Contract compliance. _ The results of the performance review sha11 be.presented to the Contractor and a-plan for addressing any deficiencies shall be provided to the City within two (2) weeks of the Contractor's receipt of the review. The Contractor shall analyze and correct in good faith any deficiencies found in : its performance under this Contract. The Contractor's corrective plan shall address all identified deficiencies and include a timeline for corrective actions. T'he Contractor's corrective City of Auburn 24 February 2011 Solid Wasfe Collection Contract plan shall be subject to review and approval by the City. Upon approval of the plan, the Contractor shall implement and sustain actions that correct deficiencies. Failure to complete correction of deficiencies as outlined in the plan and/or failure to initiate good faith corrective actions within thirty (30) da.ys shall constitute a failure to perform subject to performance fees as defined in Section 4.1. Further, the City, at its sole option, may then provide the Contractor with six (6) months notice of contract termination. The Contractor shall continually monitor and evaluate a11 operations to ensure. compliance with this Contract. At the request of the City, the Contractor shall report its own findings from internal monthly performance measures for collection, customer service and maintenance functions. The City shall determine which of the Contractor intemal performance mana.gement measures are relevant to addressing any particular deficiencies and the Contractor shall continue to report those measures until notified in writing by the City. In addition, Contractor personnel involved in the collection of Compostables andlor Recyclables will be required to attend one (1) training per year to allow City and/or Contractor representa.tives to present highlights of promotional and service initiatives, while providing personnel an opportunity to offer feedback or suggest improvements based on their own observations. 2.1.24 Disposal Restrictions and Requirements All Garbage collected under this Contract, as well as residues from processing Recyclables and Compostables, shall be delivered to the King County Disposal System, unless otherwise directed in writing by the City. Garbage containing obvious amounts of Yard Debris sha11 not knowingly be collected and instead prominently tagged with a notice informing the Customer that King County does not accept Yard Debris mixed with Garbage for collection. Contractor's knowing collection of Garbage mixed with visible Yard Debris shall be grounds for performance fees as provided in Section 4.1. The Contractor shall not be required to collect hazardous materials tha.t are either restricted from disposal or would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a written notice with the rejected materials listing why they were not collected and providing the Customer with a contact for further information about proper disposal options. The Customer shall remain responsible for all costs associated with handling and disposal of hazardous materials inadvertently collected by the Contractor. City of Auburn 25 February 2011 Solid Waste Collection Contract _ Garbage collected by the Contractor may be ~ processed to recover Recyclables, provided that the residual is disposed 'iri accordanee witfi the City's Interlocal Agreement with King County. Iri the event the Contractor _ , . elects to haul Garbage to a private pr.ocessing ,facility, t11e Contractor s_ ha11 . charge the Customer no more than the equivalent Garbage disposal fee at a King Courity Disposal System transfer station and sha11 charge hauling fees no higher than provided for in Attachment B: ' - 2.1.25 Violation of Ordinance The Contractor shall report in writing immediately to the City ariy observed violation of the City's ordinances providing for arid_ regulating the . . . Conta:inerization, collection, removal and disposal of Garbage, Recyclables and Composta.bles. 2.2 Collection Services 2.2.1 Single-Family Residence Garbage Collection 22.1.1 Subject Materials . , The Contractor sha11-collect all Gazbage placed Curbs'ide for disposal by Single-Family Residence Customers in and adjacent to Micro-Cans, Garbage Cans or plastic bags (for Extra Units) and/or Contractor-owned Garbage Carts. The Contractor sha11 offer carry-out service to disabled Customers at no charge (per Section 2.1.6) and to all other Customers for the appropriate service level rate, plus the -cany-out surcharge,. in accordance -with 14ttachinent B. ~ If a'Customer is eitlier. eligible for; or subscribes to; carry-out service, carry-out. . service sha11 be provided for all three collection streams.- (Garbage, Recyclables, and/or Compostables) without duplicate : surcharges. . 2.2.1.2 Collection Containers The Customer's primary Container must be a, Micro-Can or Garbage Cart. Plastic bags and/or Garbage Cans may only be ' used for Extra Units, not as the Customer's primary Container: , Micro-Can and Cart rental fees shall be embedded in :the. respective rate charged for the level ` of service and not sepazately charged or itemized. Micro-Cans and Garbage Carts 'shall ' be delivered by the Contractor to Single-Family Residence Cu'tomers within_ seven (7) days of the Customer's initial request. City of Auburn 26 February 2011 Solid Waste Collection Contract 2.2.1J Specific Collection Requirements The Contractor shall offer regular weekly collection of the following service levels: . (1) One 10-ga11on Micro-Can; (2) One 20-gallon Gazbage Cart; (3) . One 35-ga11on Garbage Cart; (4) One 64-gallon Garbage Cart; and (5) Orie 96-gallon Garbage CarE. Carry-out charges shall be. assessed only to those Customers , who choose to have the Contractor move Containers to reach the collection vehicle at its nearest point of access. 'An Extra Unit charge may be assessed for materials loaded so as to lift a Cart lid from the no'rmally, closed position. The Contractor may charge for an overweight Container at the Extra Unit rate, provided that the Customer agrees in advance to pay for tlie Extra Unit rate, otherwise, the Container shall be left at the Curb with Customer riotification as to why it was not collected. The Contractor shall maintain route lists in suff cient detail to allow accurate recording and charging of a11 Extra Unit fees. All Extra Uriits from Customers shall be ; documented with a date-stamped photograph. Collections shall be made from Single-Family Residences on a regular schedule on the same day and as close to a consistent time as possible. Customers shall place Containers on or abutting Public Streets or Private Roads: The Contractor may tag iriappropriately placed Containers and may discontinue service in the event of persistent inappropriate Container ; placement. The Contractor's crews sha11 make collections in an. orderly and quiet manner; and shall return Containers, in an : upright position, with lids closed and attached, to their set out location and will not place - Containers on streets, sidewalks, public pathways, or in places that block vehicle aceess to any driveways, mailboxes, or similar structures. . Once each year, on a week specified by the City, the Contractor , shall collect bulky wastes from all Single Family Residential . customers within the City Service Area at no additional.charge. Each resident shall be allowed to place bulky waste next to City.'of Aubum 27 February 2011 Solid Waste Collection Contract . " , their regular containers for ,special collection on that day, at no extra charge. The City will provide residents with a list of acceptable bulky waste items each year prior to the event. Individual items accepted under this collection event : may include bulky wastes; appliances, furniture, mattresses, but . sha11 exclude: recyclable (other than scrap metal) materials, . reusable materials, and household. gazbage. For the annual bulky waste collection event only, the Contractor sliall keep separate disposal quantity and charge records and shall be reimbursed by- the City for disposal fees for collected Garbage, as well as actual refrigerant and scrap metal recycling fees: 2.2.2 Single-Family Residence Recyclables Collection 2.2.2.1 , Subject Materials The defined list of Recyclables sha11 be collected from all participating Single-Family Residences as part of basic Garbage collection services; without .extra charge. The ` Contractor shall collect all Recyclables from Single-Family . Residences that are placed in Contractor owned Carts or are boxed or placed in a paper bag next to the Customers' Recycling Cart. Recyclables must be prepared as follows and uncontaminated-with food or other residues: Aluminum Cans: All aluminum cans that are placed in the . _ Recycling Cart. Corrugated Cardboard: All coriugated cardboard boxes smaller than two (2) by three (3) feet, and placed in or next to the Customer's. Recycling Cart. Larger corrugated cardboazd boxes must be flattened by Customer prior to collection: Garbage Cans: The Contractor shall collect and recycle . unwanted Garbage Cans from Customer. Cusfomers shall label unwanted cans with a"Take" label and the Contractor shall ' collecf those empty unwanted Garbage Cans on ifs Recycling collection route: - Glass Containers: All colored or clear jars and bottles that are rinsed and have lids removed. Fluorescent and incandescent light bulbs, ceramics and window glass are excluded: City of Auburn 28 February 2011 Solid Waste Collection Contract Mixed Paper: :All 1Vlixed Paper. . Motoi Oil: Up to three gallons of motor oil that is . free from contaminants and placed in , screw-top plastic jugs, labeled with the Customer's address and placed next to the Customer's Recycling Cart. Newspaper: All 'newspaper and advertising supplements that are delivered with riewspapers. Plastic Containers: All plastic bottles, jugs, tubs, and cups. , Other plastics, automotive or other hazardous product Containers, and lids are' excluded. Polycoated Cartons and Boxes: All plastic coated cartons and boxes that are flattened. Scrap Meta1: All ferrous and non-ferrous Scrap Meta1 - tliat is free of wood, plastic, rubber and - other contaminants; and meets the size requirements defined for Scrap Metals. ScrapMeta1 sha11 include sma11 applianees provided they meet the size requiremenfs. Tin Cans: All food and beverage tin cans. 2.2.2.2 Containers The Contractor shall be responsible for ordering, assembling, . affixing instructional information onto, mainta.ining adequate inventories of,, and distributing and rnaintaining Recycling Carts. The default Recy,cling Cart size shall be 64-gallons for ~ new Customers, provided that the Contractor shall offer and provide 35- or 96-gallon Recycling Carts on request to those , Customers requiring either less or additional capacity than , provided by the standard 64-gallon Recycling Cart. Recycling Carts shall be delivered by, the Contractor to new Customers or those Customers requesting replacements, within seven (7) days of the Cusfomer's initial request. . City of Auburn 29 . February 2011. . Solid Waste Collection Contract - 2.2.2.3 Specific Collection Requirements Single-Family Residence Recyclables collection shall occur every-other-week on the same day as each household's Garbage and Compostables collection. Single-Family Residence Recyclables collection shall occur during the hours and days specified :in Section 2.1.4. Collections shall be made from Residences on a regular. schedule on the same day and as close to a consistent time as possible. The Contra.ctor shall collect on Public Streets and Private Roads in the same location as Garbage collection service is provided. The Gontraetor's crews shall make collections in an orderly and quiet manrier, and sha11 return Containers with their lids closed and attached to their set out location in an orderly manner. The. Contractor shall collect all properly prepared Single- Family Residence Recyclables from Garbage Customers, No ; limits shall be.placed on set-out. volumes, except in the case when extremely large quantities of commercially-generated materials are consistently set out at a Single-Family Residence. In this case, the Contractor shall request.the resident to use alarger Recycling Cart or use commercial recycling services for the excess volumes. If the resident continues to set out commercial quantities of Recyclables, the Contra.ctor shall notify the City for further action. In the event that lazge quantities of Residentially-generated cardboard (e.g. moying boxes) are set out for collection, the Contractor may collect the excess materials the following day in a separate truck, provided that clear written notification of the collection delay is provided to the Customer. The Contractor shall collect properly packaged used motor oil ' from Single-Family Residential Customers. The Contractor may refuse to collect used motor oil from any Customer for any one of the following reasons: 1) the oil was not packaged in a ; leak proof, plastic jug or bottle, securely sealed with a screw- - cap; 2) the packaged oil contained substances other than 'used motor oil; 3) the packaged oil leaks in any way 4) the Container is not properly labeled with the Customer's name and address; or 5) there is spillage at the Custoiner location which is not caused by the Contractor's employees. Should the Contractor reject used motor oil for any, of these reasons, a tag outlining the reason far rejection shall be left with the oiL The City and Contractor shall cooperate on monitoring the quality of Recyclables set out for collection. Either party may. City of Auburn 30 February 2011 Solid Waste Collection Contract inspect or sample set-out or collected Recyclables. Any deficiencies in Recyclables quality observed by City or Contractor's staff sha11 require educational follow-up by the Contractor to encourage maxunum quality and marketability. Educational follow-up sha11 range from a minimum of a notice ticket or "oops tag" to. involvement of management staff from either the City or Contractor as appropriate. , 2.2.3 Comgosfables Collection 2.2.3.1' ` Subject Materia:ls Compostables sha11 be collected weekly on a subscription basis from a11 participating Single-Family Residences. Contamiriated or oversized-Compostables materials rejected by the Contractor at tlie Curb shall be ta.gged in a prominent ' location with an appropriate problem notice explaining why the ` material was rejected. y 2.2.3.2 Containers A 96-gallon Compostables` Cart sha11 be provided to all Compostables collection subscribers. The Contractor shall be ~ responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Composta.bles Carts. Compostables Carts shall be labeled with instructional information, in accordance with Section 2.1.15.6. The default Compostables Cart size shall be 96-gallons, with 35- and 64-gallon sizes available upon request. Extra Yard Debris material that does not fit in the initial Composta.bles Cart shall be bundled or placed in Kraft bags or Customer-owned Garbage Cans labeled for Yard Debris. Customers choosirig to' use their own Containers for excess Yard Debris shall be provided durable stickers by the Contractor that clearly identify the Container's contents as Yard Debris:' . . --Compostables Carts sha11 be delivered by the Contractor to , Customers within seven .(7) days of the Customer's initial request. Redelivery fees shall be charged only to those ' Residential Customers that cancel and then restart Compostables Cart collection service within seven (7) months of cancellation. In order for this fee to be applicable, the City City of Aubum 31 February 2011 Solid Waste Collection Contract must notify each Customer at the time they request service cancellation. The Contractor may charge a Compostables Cart cleaning and deodorizing fee, per occurrence, for each Compostables Cart . cleaned and redelivered to existing Compostables collection subscribers upon their request. 2.23.3 Specific Collection Reguirements Compostable materials sha11 `be collected weekly on the same scheduled service day as Garbage. collection from all Single Family Residences who subscribe to Compostables service. Compostables in excess of 96 gallons may be charged as Composta.bles Extra Units in 32 gallon increments in accordance with Attachment B. , Unflocked, undecorated, natural holiday trees (Christmas Trees) will be collected at no additional cost on the first full week of scheduled Compostable materials collection each yeaz from all Single-Family and Mu1ti-Family Residences in the City. The Contractor sha11 collect on Public Streets and Private Roads, in the same location as Garbage collection is. provided. The Contractor's crews shall make collections in an orderly and quiet. manner, and 'shall return Containers in an upright position, with lids, atta.ched, to their set out location and will not place.Containers on streets, sidewalks, public pathways, or in places that block vehicle access, to any driveways, mailboxes, or similar structures. Information detailing collection and service schedules as specified in Section 2.2.23 and Section 22.3.3' shall be . included in the Annual Service Update as specified in Section 2.3.5. 2.2.3.4 Food Scraps Collection The Contractor shall accept uncontaminated Food Seraps included and/or mixed with Yard Debris ("Compostables") in Compostables Carts for Single Family Residential Customers who subseribe to Compostables Collection service: . The range of materials handled by the Food Scraps collection program . may be changed from time to time upon the approval of the City to reflect those materials allowed by the Seattle-King County Health Department for the frequency of collection provided by the Contractor. City of Auburn 32 February 2011 Solid Waste Collection Contract ' 2.2.4 Single Family Bulky Waste Collection 2.2.4:1 ' Subject Materials , On-ca11 bulky waste collection sha11 be offered for stoves, washing machines, dryers, ' water heaters, refrigerators and freezers, large furniture (sofas and chairs), mattresses or box - springs, tires with or without _rims (auto, pickup, heavy truck), etc and shall be provided at the rates listed in Attachment B. Collected oversized items shall be recycled by the Contractor to the extent possible: The Contractor shall maintain an electroriic log listing service date, materials collected; . Customer charges, weights, and whether the item was recycled - or disposed. This log shall be provided to the City on a " monthly basis. 2.2.4.2 Specific Collection Requirements On-call collection services of bulky waste such as couches, mattresses, white goods and other oversized materials must occur.during the hours and days specified in Section 2.1.4, with • the exception that Saturday collection is permissible if it is more.convenient for Customers. The Contractor's crews shall ' make; collections in an orderly and quiet manner. 2:2.5 Mu1ti-Family Complex and Commercial Customer Garbage Collection 2.2.5.1 Subject Materials -The Contractor sha11 collect all Garbage set out for disposal by • Mu1ti-Family Complex: and Commercial Customers in acceptable Containers as designa.ted in Section 2.2.5.2. 2.2.5.2: Containers The Gontractor shall provide Containers meeting the standards described in Section_ 2.1.15. Multi-Family Complex and Gommercial Customers _shall be offered a full range of Containers and service options, including Garbage Carts, one (1) through six (6) cub'ic yard compacted and one (1) through eight (8) cubio-yard rion-compacted Detachable Containers, and compacted or non-compacted Drop-Box Containers. The . Contra.ctor may also lease or sell compacted Drop-Box Containers and Drop-Box and Detachable Container Compactors to Customers outside of this Contract at rates negotiated between the Customer and the Contractor. Gity of Auburn 33 February. 2011. Solid Waste Collection Contract . Materials in excess of Container capacity or the subscribed service level shall be collected and properly charged as Extra Units at the rates listed in Attachment B. The Contractor sha11 develop and mauita,in route lists m sufficrent deta:tl to. allow accurate recording and chazging of a11 Extra Units and documenta.tion of service irregularities such as damaged or blocked Containers. All Extra Units and service irregularities shall be documented with a date-stamped photograph. The Contractor may use either or both front=load or rear-load Detachable Containers to service Multi-Family Complex and Commercial Customers. However, not all collection sites within the CityService 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 at that Customer's site. ' Contractor-owned Containers shall be delivered by the Gontractor to requesting Multi-Family Complex and. Commercial Customers within three (3) days of the Customer's initial request. Customers shall properly care for Containers on the Customer.'s property; shall use reasonable efforts to protect such Containers from graffiti or negligent misuse, and shall not use such Containers for other than their intended purpose. 2.2.5.3 Specific Collection Requirements _ Commercial Garbage collection sha11 be made. available to . Multi-Family Complex and Commercial Cusfomers daily, - during the times specified in Section 2.1.4. Collection at Multi-Family sites shall be limited to the same hours as Single- Family Residence collection. Collections shall be made on a regular schedule on the same day and as close to a consistent time as possible to minimize Customer confusion: The Contractor shall collect from areas mutually agreed upon by the Contractor and Customer with the least slope and best truck access possible. Containers shall be replaced after emptying in the same location as found. Roll-out charges shalI be assessed in ten (10) foot increments only to those Customers for whom the Contractor must move a Container over five (5) feet to reach the collection vehicle at its nearest point of access. Extra charges may be assessed for City of Auburn 34 February 2011 Solid Waste Collection Contract I materials loaded so as to lift the Garbage Can, Gazbage Cart or Detachable Container lid from the normally closed position. 2.2.6 Multi-Family Complex Recyclables Collection 2.2.6.1 Subject Materials The Contractor sha11 provide adequate Container capacity and collect a11 Recyclables from Multi-Family Complexes that are prepared. in a manner similar to that described for Single- Family Residence Recyclables in Section 2.2.2.1., with the exception of used motor oil. This embedded Recyclables collection shall occur at no extra charge from base Gazbage collection. The Contractor shall tag contaminated Containers, but will not collect the contaminated load as Garbage and not charge the resident or property manager a fee for contamination unless notification and correction procedures are completed. 2.2.6.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Recycling Containers. The Contractor shall offer and provide 35-, 64- or 96-gallon . Recycling Carts at sites where Recycling Containers are provided to individual Multi-family units. At mobile home parks, the Contractor shall provide a Recycling Cart to each individual residence and shall provide services equivalent to Single-Family Residences. At Multi-Family Complexes with common-azea Recycling Containers that serve more than one unit, the Contractor shall use Detachable Containers to the extent practical and shall use multiple clusters of Recycling Carts only where Detachable • Containers are not practical due to operational or site constraints. Recyclables Containers shall be labeled with recycling collection requirements in accordance with Section 2.1.15.5 when distributed. The Contractor shall provide common-keyed locks and multiple keys when requested at no extra charge to limit contamination of Recyclables. Upon notice, Contractor shall equip Detachable Containers with special slotted recycling lids provided by the City. City of Auburn 35 February 2011 Solid Waste Collection Contract Recyclables Containers sha11 be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. Multi-Family Complex Recyclables Containers shall be relabeled periodically in accordance with Section 2.1.15.5. ' 2.2.63 Specific Collection Requirements Multi-Family Complex Recyclables collection sha11 occur weekly or more frequently, as needed, during the hours and days specified in Section 2.1.4 for Multi-Family Complex collection. Collections shall be made on a regular schedule on the same da.y(s) of the week to minimize Customer confusion. The Contractor shall collect from areas mutually agreed upon by the Contractor and Customer with the least slope and best truck access possible. After emptying Containers sha11 be replaced in the same location as found. Multi-Family Complex Recycling Customers shall not be charged lock, gate or roll-out fees. When space constraints limit the provision of Containers appropriately-sized for weekly collection, the Contractor shall provide more frequent collection, as necessary, of smaller Containers to provide adequate total recycling capacity for the Multi-Family Complex site. 2.2.6.4 Multi-Family Recycling Outreach and Incentives The Contractor shall provide ample copies of current recycling - guidelines upon request of the City or Customer. The Contractor shall assist the City in the development and implementation of an annual recycling outreach and incentive plan. The plan shall include, at a minimum, a description of planned programs, tasks assignments between the City and Contractor and support costs where appropriate. Public Education will play an important role in this process. The Contractor and the City shall work together to conduct workshops, visit with Customers, and develop and implement a high quality public education campaign. The outcomes and results of these efforts will be tracked and reported to the City by the Contractor. The Contractor shall work with property managers at Multi- Family Complexes across the City to identify recycling "champions" in multi-family buildings to monitor recycling City of Auburn 36 February 2011 Solid Waste Collection Contract _ and waste collection activities, provide ongoing education to ' tenarits, and communicate with the property manager about any key issiies. Contractor will coordinate with City staff and consultants to provide the technical support, materials, and resources they need to create and maintain successful Recyclables collection programs in their buildings. 2.2.7 Recyclables Drop-off Site The Contractor sha11 provide a drop-off Recyclables depot at its facility located' iri or riear Auburn for Aubum Customers to use when collection is ' otherwise unavailable'(e.g. a property manager refuses to make Recyclables - collection available at a Multi-Fanuly Complex). The Recyclables depot shall accept all Residential Recyclables and shall be available during ` daylight hours Monday through Sunday. 2.2.8 Commercial Recycling Collection ' - ' 'Commercial Recyclables shall be collected from al1 participating Commercial Customers as part of basic Garbage collection services, without"extra charge up to 15,0 percent of that Customer's Garbage collection Container'size, provided Recyclables are placed in the city's approved recycling container. 2:2.8.1 Subject Materials The defiried list of Recyclables, with the exception of used motor oil. or large amounts of' Scrap Meta1, sha11 be collected from all ~participating Commercial Customers as part of basic Garbage collection services, without extra charge subject to the limitations in Sections 2.2.8 and 2.2:8.3. The Contractor shall collect a11 Recyclables from Commercial Customers that are prepared in a manner similar to that described for Single Farriily Residential Recyclables in Section ` 2:1. In the event of contaminated materials, the driver shall - notify their dispatcher, : arid the dispatcher sha11 contact the - Customer with specific instructions for Customer to prepare the . rejected materials for. collection service or authorization to collect, the material as 'Garbage for the regular Garbage collection. ,fee. Contractor_ ~shall notify the City immediately, through use of dispatch or:route .management staff; if repeated contamination occurs in Recyclables set out by any Commercial or Mu1ti-Family Customer. City of Auburn 37 February 2011. Solid Waste Collection Contract The Contractor shall notify the City immediately when any Commercial or Mu1ti-Family Customer requests reduction or, elimination of any Recyc~lables collection service, to afford the ' City the 'opportunity to act as a customer retention, agent on ~ behalf of the Contractor. The Contractor is required to iemind such Customers that City resources are available to help resolve Recycling service issues. 2.2.8.2 Containers . Contractor-supplied Recycling Coiitainers shall be used for collecting Coinmercial Recyclables. Recycling Carts and , . Recycling Detachable Containers shall be distinguished from Compostables , or Garbage Contairier colors per Section 2.1.15.5 and shall include prominent identifying labels that provide directions for the preparation of the materials to be placed in the Cart. or Container. At larger; businesses, the Contractor may use Detachable Containers or Drop-Box.; Contauiers for: Recyclables collection provided that they are distinguished from .Containers used for Garbage, collection and are equipped with prominent identifying labels. Contractor-owned , Conta.iners shall be delivered by the , Contractor to requesting Customers within three (3) days of the Customer's initial request. 2..2.83 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 da.y and as close to a consistent time as possible to minimize _ Customer confusion. The Contraetor shall collect in alleys where practical, and on streets where no alleys are present. Containers shall be replaced in the . same locatiori after emprying. " Commercial Recyclables collection Containers and service may be ordered by the Commercial Customer, tlie City, or the City's _ contracted technical assistance corisultant, provided that the Contractor shall not be required to . provide Commercial ' Recyclables collection ta an unwilling party. , ' City.ofAuburn 38 February 2011 Solid Waste Collection Contract , When providing Commercial Recycling to a particulaz , Customer; the Contractor shall not be required to provide : Recycling ,Container capacity_ greater than 150 percent of that Cusfomer's Garbage collection Container size. For example, a Customer with a two cubic yard Garbage container would be provided up to three cubic yards of Recycling Container ~ capacity. Contractors can also provide less than 150 percent . , recycling service if the. amount of Recyclable material customarily generated by the customer does not require a larger Gontainer_ Any additional Recycling collection seryice beyond the 150 percent; level provided as part of Garbage collection - may be fee-based as negotiated between that Customer and the Contractor.or any other service provider the Customer chooses to use. , 2.2,9 Multi-Family Gomplex and- Commercial Customer Composta.bles Collection. . . 12.9.1 Subject Materials The Contractor, shall provide Compostables collection services to Multifamily Complexes and Commercial Customers on a subscripti.on fee basis, -in accordance with the service level selected by the Customer. - Contaminated or oversized Compostables materials rejected by . the Contractor shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. The Contractor's dispatcher will contact Customers with specific instructions for Customer to make the rejected materials suitable for collection service. 2.2.9.2 -Containers The Contractor sha11 offer 35-, 647 and 96-gallon Compostable . Cartseivice levels as well as one and two cubic yard Detachable Container. service levels for Compostables collection. ± The Coritractar shall be xesponsible for ordering, assembling, _ affixing instructional information onto, maintaining inventories of, and distributing and maintaining Compostables Carts and Detachable Containers. . Extia Yard Debris material that does not fit in a Compostables Cart or Detachable Container shall be bundled or placed in . City of Auburri 39 February 2011 ' Solid Waste Collection Contract Kraft bags or Customer-owned 32-gallon (maximum) Containers labeled `yard'. . Compostables Carts and Deta.chable Containers sha11 be ' delivered by the Contractor to new Multi-Family Complexes or Commercial Customers within three (3) days of the Customer's initial request. ° 2.2.9.3 Specific Collection Requirements Compostables shall be collected from Mu1ti-Family. Complex . and Commercial Customers at least weekly. Collections shall be made on a regular scheduTe on the same day(s) and as close to a consisfent time as possible. The Contractor shall collect Containers at defined Multi- Family Complex or Commercial Gustomer Container spaces. The Contractor's crews shall make collections in an orderly and quiet manner, and shall returri Containers with their lids closed and attached to their set out location: Commercial and Mu1ti=Family Custorners using Compostables ' Collection service for Food Scraps collection with Seattle-King County regulations for Commercial Food Scraps collection and the materials being Source-Separated must be identical, to those . accepted in the Residential Food Scraps collection program. The Contractor shall not be required to provide biodegradable kitchen Container bags or Cart liners as part of the basie collection service. Commercial and Multi-Family Gustomers who require . Detachable Container Compostables collection service may subscribe separately with the Contractor or another service provider for that service at market rates. 2:2.10 Drop-Box Container Garbage Collection 2.2.10.1 Subject Materials . The Contractor shall provide Drop-Box ~ Container' Garbage collection services to Multi-Family Complex and Gommercial Customers, in accordance with the service level selected by.the Customer. City of Auburn 40 February 2011 Solid Waste Collection Contract 2.2.10.2 Containers - - T'he Contractor sha11 provide Containers meeting the standards described in Section 2.1.15. Both. Gustomer-owned and _ Gontractor-owned Drop-Box Containers sha11 be serviced, - includirig Customer-owned compactors. Contractor-owned Containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. 2.2. l 0.3 ' Specific Collection Requirements Single-Family Residence, Multi-Family Complex and Commercial Customer Drop-Box Container collection must occur during the hours and days specified in Section 2.1.4. Collection of Drop-Box Containers in Single-Fanuly Residence and; Multi-Family Complex areas `and multi-use buildings containing Multi-Family Complexes shall be limited to the same hours as Single-Family Residence collection. The Contractor shall provide dispatch service and equipment capability to-collect full Drop-Box Containers no later than the riext business day after the Customer's initial ca11. The Contiactor shall maintain a sufficient Drop-Box Container inventory to provide empty Containers to new and temporary Customers within three (3) business days after the Customer's initial call. Mileage fees sha11 be assessed only when Customer-directed disposaUrecycling sites are more than ten (10) road miles by the shortest route from a particular Custome'r's location, and then . only on the additional mileage above twenty (20) miles round- trip. The. Contractor shall obtain prior -permission from the 'Custoiner to use disposal/recycling sites which would result in additional mileage charges. 2.2.11 ~ Service to tlie Boeing Company ' The Contractor shall adapt one or more of its collection vehicles to collect the Boeing Company'. s specialized Defacha.ble Containers ("stackable tubskids") used to contain Garbage at .Boeing Company facilities within the City Service Area. The Contractor sha11 provide daily collecfion Monday through Friday on an on-call basis at the request of the Boeing Company. The Contractor shall service the specialized Deta.chable Containers and Drop-Boxes within 24 City of Aubura 41 February 2011 Solid Waste Collection Contract ' hours of the Boeing Company's request, and shall comply with Boeing Company facility access requirements and gate receipt. iequirements, _ including the noting of entry and exit times on Boeing Company-provided , haul slips. Collected Garbage sha11 be disposed through King County Disposal System. , There shall be two adjustable weekday (Monday through Friday) collection time windows mutually agreed upon by the Contractor and the Boeing Company tentatively set at 9:00 a.m. to 1:00 p.m. and again from 5:00 p.m: to 9:00 p.m. to empty. the specialized- Detacfiable Containers into the Contractor's collection vehicle. On Saturday and Sunday; there sha11 be one adjustable window, mutually agreed. upon by the Contractor and the Boeing Gompany tentatively set at 12:00 noon to 3:00 p.m. to dump the specialized Detachable Containers. ; The Boeing Company will ensiare that the specialized Detacha.ble Container . _ staging areas provide . adequate space and tuming radius for the Contractor's drivers to safely maneuver collection vehicles. The Contractor sha11 make the necessary number of trips to ensure that the specialized Detachable Containers located within each sta.ging azea are collected during each specified time window The :Boeing Company ~will be responsible for the purchase, maintenance and repair, of company-owried specialized Detacfiable Containers. The Contractor' will notify; the designated Boeing Company representative of needed repairs noted during collections. 2.2.12 Temporary Container Customers . The Contractor shall provide temporary 2-, 4-, and 6-cubic yard Detachable Containers and 20=, 30-, and 40-cubic yard Drop=Boxes to Single-Family Residence, Multi-Family Complex and Commercial Customers on an on- call basis. Temporary service shall include all Customers requesting Container service of less than ninety (90) days duration, including existirig Customers on permanent service who temporary request an extra Container for less than ninety (90) days. The charges` for temporary Detachable Container service listed in Attachment B shall include delivery, collection . and disposal. Disposal charges for temporary, DroP =Box Containers shall be billed in addition to tlie delivery, rental and hauling charges listed in Attachment B. Rental charges shall be itemized and charged separately, at I the rates listed in Attachment B. I City ofAuburn 42 February 2011. Solid Wasfe Collection Contract 2.2.13 Muxucipal Services The : Contractorshall provide weekly Garbage, Recyclables, and , Compostables collection services to a11 City municipal facilities, without charge. Those facilities include, but are not limited to the following: ~ s, : . ~ ' h~~~ . • City. Facilities: Aubum ' ort - 400 - 23`d Street NE Aubum ' ort Haner 412 30th -Street NE AuburnAvenue Theater 10 Auburn.Ave , Aubum Cemete 2020 Mountain View Dr. Aubum Ci Hall 25 W. Main Street Aubum Gambini Buildin 2-1 S` Street SE Aubum Golf Course 29630 Green River Rd- Auburn Golf Course Maint " 29832 Green River Rd Aubum GSAlVRFA Facili 2905 C Street SW Aubum Justice Center 340 E. Main Street Aubum Maintenance Facili - 1305 C Street SW White River Valle Museum 918 H Street SE Aubum Parks De artment 910 - 9th Street SE Aubum Pazks Maintenance 1401 C Street SW Aubum Senior Center ~ 808 - 9th Street SE Aubum VRFA Facili 1101 D Street NE Brannan Park 611 - 28t' Street NE Cedar Lanes Park 25t' Street SE & K Street SE Fulmer Park 5h Street NE & K Street NE Game Farm Pazk 37 R Street SE Game Fann Pazk Maint Sho 3226 V Street SE Game Farm Pazk Caretaker 3224 V St SE Game Farm Wilderness Park 2401 Stuck River Rd SE Isaac Evans Park 29627 Green River Rd Les Gove Park 910 9th Street SE Roe ner Park 601 Oravetz Rd SE Scootie Brown,Park 8h Street NE & Henry Rd NE J Veteran's Memorial Park 405 Park Ave NE City of Auburn 43 February 2011 Solid Waste Collection Contract Collection and disposal of the permanent Drop-Box Containers at the City of Auburn Maintenance Facility are also included, without charge. If service levels increases by rnore than 20% above the baseline volume , established in the first year of this Contract, then Contra.ctor's rates sha11 be adjusted to reflect the increased cost to, Contractor, in providing such services. At any time during the term of this Contract, the City may add.facilities in addition to those listed above. Additional municipal facilities added during the term of the Contract shall also be provided collection, including new facilities developed within the City Service Area, as well as municipal facilities in future annexation areas covered by this Contract. In the event that the number of facilities increases by more than 10% above those listed above, the Contractor's rates shall be adjusted to reflect the increased cost to Contractor in providing such services. On occasion, the City will pay the Contractor in accordance with charges - listed in Attachment B for services that involve a third pariy, when sueh third party accumulates Garbage as part of performing services for the City. For example, disposal of roof replacement debris removed from a City facility. However, all regular Garbage, Recyclables and Compostables (with the exception of "Decazit" waste) generated on an ongoing basis through City operatio.ns shall otherwise be collected by. the Contractor without charge to the City._ 2.2.14 Community Events The Contractor shall provide Garbage and Recycling services for community events at no charge to the City or users. Container, capacity shall be coordinated with event staff to ensure that sufficient Container capacity and collection frequency is provided by the Contractor. These events shall include, but not be limited to: • Clean Sweep • Kid's Day • Auburn Good `Ol Days • Veteran's Parade • 4`hof July Celebration Sidewalk Sale At any time during the term of this Contract, the City may add community events in addition to those listed above, provided that if the City adds more City of Auburn 44 February 2011 Solid Waste Collection Contract tlian one event every_ two ,(2) . years, the Contractor may negotiate comperisation for those additional events. In the event that the total volume of xnaterials collected by Contractor from community events increases by more than 20% above the baseline volume for such events established in the first year of this.Coritra.ct, then Contractor's ra.tes sha11 be adjusted to reflect the increased cost to Contractor in providing such _ services. 2.3 Management 2.3.1 Responsibility of Participants 2.3.1:1 ' Contractor's Responsibilities - Consistent with the responsibilities set forth otherwise in this Contract, the Contractor, sha11 be responsible for: • Gollecting Garbage in the City Service Area and delivering - tlie Garbage to the King County Disposal System, unless ottierwise directed by the City, and shall ensure that the Contractor handles Garbage in accordance with the City's ` interlocal agreements governing solid waste management. ~ Collecting construction/demolition . waste in the City Service Area and delivering the waste to fully permitted " recycling, disposal or transfer sites in compliance with King County's Comprehensive Solid Waste Management Plan. • Collecting, processing and marketing Recyclables and Compostables collected by the Contractor in the City Service Area. ' • Providing Container assembly, maintenance, painting, . stickeririg/labeling and re-stickering/labeling and delivery ` services listed or required in this Contract. Performing cusfomer service support as detailed in Section . 2.3:2. ` • Procuring all equipment and bearing all start-up, operating maintenance,and' transition costs for collection and proeessing or disposal of Garbage, Recyclables and Composta.bles, including proper safety equipment and insurance for vehicles'and workers. o Providing and supervising a.ll labor to accomplish the scope of services required under this Contra.ct, including labor to , Cify of Auburn 45 ; February 2011 Solid Waste Collection Contract collect materials, maintain and distribute equipment and related'customer service functions.' • Operating a, maintenance facility to house and service collection equipment and acquiring all . necessaryland use, building,: operating, arid business permits and licenses, ' • Submitting all. informational materials for public release to the City for review and approval prior to release. • Complying with all applicable laws. • Meeting all non-discrimination and OSHA (Federal Occupational Safety and Health Act of 1970)/WISHA - (Washington Industrial Safety and Health Act of 1973) standards, and all environmental standards and regulations. • Providing a safe working environment and comprehensive liability insurance coverage as set forth in Section 6.4, and providing proof of this insurance to the City annually. • Providing „a valid Contractor's performance and payment bond in aecordance with Section 6.5; arid providing proof . of this bond to the City annually. • Securing the prior written approval of the City and Surety before assigning or pledging money, or assigning, subcontract'ing or delegating duties. • Providing route maps to the City indicating the day of week for each service. • Submitting collection day changes to the City for review , and approval prior to notice being provided to Customers and the change taking place. ' • Submitting prompt notices to the media regarding modifications to the collection schedule due to inclement weather. • Maintaining Containers, .vehicles and facilities in a clean, properly labeled and sanitary condition. • Meeting all City reporting, inspection and review requirements. City:of Auburn 46 February 2011 Solid Waste Collection Contract • Fioviding outreachmaterials and programs, and assistance with distribution and outreach as required in this Contract. ; • Providing operating and safety training for a11. personnel, . including spill response training for all drivers. . ~ Notifying the City of intended, changes in management not - less than sixty (60) days prior to the date of change. New management shall also attend an introductory meeting scheduled by,the City during the sixty (60) day notification period. Exception sha11 be made for termination for cause or voluntary termination, in which case the Contractor sha11 . notify the City within twenty-four (24) hours of ' the termination. 2.11.2 _ 'City's Responsibilities. Corisistent with the iesponsibilities. set forth otherwise in this ' Contract, the City shall beresponsible for: Overall project administration and final approval of Contractor services and 'activities. " • Billing, receiving and posting Customer payments. • Reviewing and -approving Contractor compensation adjustments due to changes in County disposal fees or price indices. Directing and overseeing public education and outreach with the cooperation and assistance of the Contractor. ~ Monitoring and evaluating collection operations with the. cooperation and assistance of the Contractor. Reviewing and approving all assignment, pledging, -subcontractirig or- delegation of money or duties. Reviewing and approving collection days and rate changes. ~"G Reviewing and approving holiday schedule changes. - Reviewing and approving all written or other informational . ~.materials used in the City by the Contractor. , ,!P: Conducting performance reviews of tlie Contractor with the Coritractor's coopera.tion and assistance. City of Auburn 47 February 2011 Solid Waste Collection Contract • Holding periodic operations meetings with the Contractor, as necessary. . 2.3.2 Customer Service and Billing The Contractor shall provide eustomer service functions relating directly.to service delivery including receiving and resolving Customer complaints, responding to Customer inquiries regarding collection days and schedules, dispatchirig Drop-box Containers to City=authorized Customers; and referring billing questions to the:`City. These functions shall be provided at tlle Contractor's sole cost, with. such costs included in the' Customer charges (see Attachment B). The City sha11 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 sha11 be referred to the City to open their account. Once an account has been authorized and established by tlie, City; the City sha11 provide the Contractor with an e-mailed, faxed or written authorization for the ' Contactor to start service for that Customer. Customers seeking route information or reporting missed collections `sha11 not be referred to the City and shall be assisted by the Contractor customer service personnel. The Contractor sha11 be responsible for iriitial and continuing staff trairiing to ensure a11 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 Office Location The Contractor, shall:.maintain a principal or district office in King County within twenty (20) miles of the City limits. The ' Contractor's office and customer service assistance shall be accessible by a local area code and phone number or a toll free number for use during this contract as the Contractor's primary customer service line. On the termination of this Contract for , any reason, the Contractor shall relinquish its rights for use of this phone number to the City or its assignee, effective ttie day of termination, unless this phone number is also used by .Waste Management customers from other muriicipalities: The Contractor's ofFice hours -shall be open at a minimum from 8 a.m. to 5 p.m. daily, except Saturdays, Sundays and' recognized holidays. Representatives` shall be available at the Contractor's local office during office hours for communication with the public and City representatives. Customer calls shall be taken during office hours by a person, not by voice mail. City of Auburn 48 February 2011 Solid Waste Collection Contract The Contractor sha11 maintain an emergency telephone number for use by City staff outside normal office hours. The Contractor sha11 ha.ve a representative, or an answering service ° to contact such representative; available at said emergency telephone number during all hours other than normal 'office - hours.2.32.2 Customer Service Requirements ' 2.3.2.2:1 Customer Service Representative Staffirig During office hours, the Contractor sha11 maintain suff cient staff to answer and handle multiple incoming telephone calls simultaneously. If . incoming telephone calls necessitate, , the , Contractor shall increase stafFing levels as necessary to meet Customer service demands. If staffing is deemed to be insufficient by the City to - handle Customer calls, the Contractor shall increase staffing levels to meet contract performance criteria The Contractor shall provide additional staffing : during the transition and implementation period, . and especially from six (6) weeks prior to the commencement of new services, through the end of the fourth month after the commencement of new services, to ensure that sufficient staffing is available to minimize Customer waits and - inconvenience. The Coritractor shall receive no additional compensation for increased staffing , levels during the transition and implementation ' period. Staffing levels during the mobilization, ' transition arid implementation period sha11 be subject to prior City review. .2:3:2:2.2 Service Recipient Complaints and Requests The Contractor shall record a11 complaints and service requests, regardless of how received, including date, time, Customer's name and - address (if the Customer is willing to give this information), method of transmittal, and nature, date and manner of resolution of the complaint or service request in a computerized daily log. Any . telephone calls received via the Contractor's non- City.of Auburn 49 . February 2011 Solid Waste Collection Contract , . - office hours answering service shall be :recorded . ' - ` in, tfie log the following business day. The Contractor shall make a conscientious effort to resolve a11 complaints within twenty-four.(24) ' - hours of the original ca11 or e=mail, and service requests within the times established thioughout this Contract for various service requests. . If a longer response time is, necessary for.compla.ints or reguests, the reason for the delay sha11 be noted in the log,: along with a description of the Contractor's efforts to resolve the complairit or ~ request. The customer service log sha11 be available for inspection by the City, or its designated representa.tives, during the Contractor's ofFice hours, and shall be in a format. approved .by the , City. The Contractor sha11 provide a copy of this , log in an electroriic ,format to the City with the monthly report. The Contractor shall provide sufficient. field service/sales staff and route manager personnel to - accurately set-up accounts and visit CuStomers at their service location as needed - for example during roll-out of service changes that impact multiple accounts, or during esfablishment of new Recycling or Compostables collection service changes. The Contractor's field service/sales staff shall be able to describe to Customers any related service procedures and Container or equipment needs, and be able to calculate any related rate impacts that . would arise from implementing service change options. The Contractor's field service/sales staff shall also be responsible for completion of outreach and tracking specified in . Section 2.3.5, including related required annual reporting. 2.3.2.2.3 Handling of Customer Calls All incoming telephone: ca11s shall be answered promptly. Held ca11s shall be. answered, by a ~ customer service representative, with a(monthly) average speed of answer of forty (40) seconds or less: For calls placed in queue, no greater than City of Auburn 50. February 2011 Solid Waste Collection Contract five (5) percent average sha11 abandon (ABA%) " on a monthly basis. A summary of these discrete performance measures will be provided as part of - required monthly reporting. A Customer sha11 be ' able to talk directly with a customer service representafive when calling the Contractor's Customer service telephone: number during office hours. An automated voice mail service or phone - answering system may be used when the office is . . closed. - 2.3.2.2.4 Corrective Measures Upon the receipt of Customer complaints in regards to busy signals or excessive delays in answering the telephone, the City may request ` and the Contractor shall submit a plan to the City . for correcting. the problem. Once the City has , approved the plan, the Contractor shall have thirry , (30)' days to implement the corrective measures, , except during the fransition and implementation . period, during which time the Contractor sha11 , have one (1) week . to implement corrective measures. . Corrective measures shall be implemented without additional compensation to , the Contractor. Failure to proyide corrective ~ measures shall be subject to performance fees. 2:3.2.2.5 Internet Website The Contractor shall provide an Internet website accessible twenty-four (24) hours a day, seven (7) days a week, containing' information specific to , the City's collection ' programs,. including at a minimum, , contact information, collection schedules, material preparation requirements, available services and options, inclement weather service changes and other relevant service information for its Customers: E-mailed Customer missed, pick-ups shall be answered and , . the seryice completed the.next business day after receipt. Website content and design shall be submitted for City approval. The Contractor sha11 update the website montlily, and more often if. . necessary, and provide links to the City's website. The website shall include contact information City of Auburn 51 February 2011. Solid Waste Collection Contract . translated into a minimum of four (4) languages other than English, including Spanish, Korean, Vietnamese and Russian. The Contractor's website sha11 not include adware, spyware or third Party tracking "cookies": 2.3.2.2.6 Full Knowledge of Programs Required The Contractor's custorner service representatives shall be able to accurately describe a11 collection services available to City Customers, including. the various services available to Single-Fa.mily Residence, Multi-Family. Gomplex and Commercial Customers: The Contractor's customer service representatives shall have rea1- time electronic access to customer service da.ta and history to provide efficient and high-quality . customer services. 2.3.3 Contractor's Billing Responsibilities The Contractor shall be responsible for providing electronic customer - billing data to the City in a format and on a schedule that is compatible ~ with the City's billing system and procedures. Contractor billing' data. will include, at a minimum; weekly reports of "extras" collected for both Residential and Commercial accounts and monthly reports of Drop-box eontainer hauls, rental charges and disposal.fees. The City shall provide the_ Contractor with an electronic or printed listing _ of the, City's customers, service locations, containers and collection frequency at least twice each year. The Contractor shall reconcile its accounts with the City's accounts within sixty (60) days of receiving.the ` City listing and shall provide the City with a written list of discreparicies between the two databases. - Billing formats and procedures may change during the term of the Contract,` . ' arid the Contractor at its sole cost shall accommoda.te any such changes by the City. The Contractor shall be required to have procedures,.in place to minimize ~ tlie 'potential for the los's or damage of the account-servicing (customer service, service levels and.billing history) database. The Contractor sliall - ensure that a daily backup of the account servicing database is made and ~ stored off-site. City of Auburn 52 February 2011 Solid Waste Collection Contract 23:4 Reporting . o. . The Contractor sha111' provide monthly and annual reports to the City. In addition; the Contractor sha11' a11ow City staff access to pertinent operations ~ infoima.tion such as disposal' facility certified weight slips and vehicle maintenance logs. 23.4.1 Monthly Reports On a monthly basis, by the .15th day of the following month, the Contractor shall provide a report conta.ining information for " the previous month: Reports sha11 be submitted in electronic - ' format approved by the City and shall be certified to be accurate by the Contractor. At a minimum, reports sha11 include: (1) A log of complaints and resolutions for a11 collection • services arid sectors. At a minimum, the complaint log - - shall includeCustomer name and/or business name, Customer's serviee address, contact telephone number, date of complaint, a description of the complaint, a description of how the complaint was resolved, the date of recovery/resolutiori and any additional driver's notes or comments. (2) A compilation of program participation statistics . ' including: a summary of multi-family and commercial participation in recycling programs, set-out statistics for Residential Garbage, Compostables and Recyclables collection services, arid log of bulky items. (3) A compilation of total monthly and year-to-date summarie.s of, Garbage, Recyclables and Compostables quantities by collection sector. (4); A summary, of Recyclables quantities by collection ' sector and by commodity, including processing residues disposed arid market prices. (5) A summaryof disposal or tipping facility locations and ; associated quantities for Garbage, Recyclables and Compostables as. well as any changes in processing procedures, locations or tipping fees. (6) A description of any vehicle accidents infractions, or insurance claims.against Contractor; and ' City of Auburn 53 February 2011 Solid Waste Collection Contract (7) A description of any changes _ to collection routes, Containers, vehicles (including the identification of back-up vehicles not meeting contract° standards with the truck number, and date, of use), customer service or other related activities affecting 'the provision_ of services If collection vehicles are used to service more than one Customer sector or jurisdiction, the Contractor shall develop an apportionirig _ methodology that allows the accurate calculation and reporting. of collection quantities. The apportioning . methodology_sha11 be subject to prior review and approval by the City and shall ,be periodically verified througli field testing , , by the Contractor. 2.3.4.2 Annual Reports On an annual basis, by the last working da.y of January, the Contractor sha11 provide a report containing the following . • information: (1) A consolidated summary and tabulation of the monthTy _ 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 Compostables and Recyclables collection programs. (3) A discussion of promotion and education efforts and accomplishments. (4) An inventory of current collection, delivery, spaze and ' other.major equipment, including make, model; year, and accumulated miles. - (5) A list of Multi-Family and Commercial recycling sites pursuant to Section 2.3.5. 2.3.43 Ad Hoc Reports The City may request from the Contractor up to six (6) ad-hoc ' reports each year, at no additional cost to the City: These reports may include customer service database tabulations to identify specific service level or participatian pattems or other similaz inforrriation. Reports shall be provided in the City- defined format and software compatibility. These reports shall City of Auburn 54 February 2011 Solid Waste Collection Contract not require the Contractor to expend more than one hundred ' (100) staffhours per year to complete. ' If requested by the City; the Contractor shall provide daily route information for a1'1 service sectors and collection streams for the purpose of evaluating potential collection system changes during the term of the Contract. Information received by the City arid in the Contractor's possession shall be subject to exisfing laws'and regulations regarding disclosure, including „ the Public Records Act, Chapter 42.56 RCW and shall also be subject to the provisions of Section 6.8 below. - 2.3.5 Promotion and Education The Cify shall have primary responsibility for. developing, designing, and < executing general waste reduction/recycling public education and outreach programs, with the assistance and cooperation of the Contractor. The ' Contractor shall have primary responsibility for providing service-oriented • information and outreach (i.e. annual recycling calendazs, inclement ~ -weather inforination) to Customers and implementing on-going recycling promotion, at the direction of the City. The Contractor shall keep the public informed of programs and encourage participation through an Annual Service Update. Each fall, the Contractor shall provide an Annual Service Update for each service sector, the format, content and timeframe of which `shall be subject to prior review and approval by the City. The Annual Service Update shall be mailed to all Customers and, at a minimum, shall -include an informational brochure indicating rates, all services available, preparation and other service requirements, contact information, inclement .weather and other policies, a collection schedule calendaz applicable to each recipient's routes and other useful Customer information. The Contractor shall develop, print, periodically update and maintain sufficient-quantities of new Customer information materials, the format and content'of which shall be subject to pri or review and approval by the City. The Contractor shall mail materials to new Commercial Customers and the City shall mail materials to new Residential Customers. T'he materials shall be mailed within one month of the Customer's account setup and shall, at a minimum, include a statement of applicable rules and service policies, rates, services and preparation requirements, collection, days, Contractor customer service information and City contact information. Contractor's materials shall be. TTY accessible and Contractor shall provide alternative language formats upon request. City of Auburn 55 Februa.ry 2011 Solid Waste Collection Contract - The;Gontractor shall maintain a complete list of all Multi-Family Complex and Commercial Customer sites witliin the City Service Area, and the status of each site's participation in Contractor-provided services. Not less than. four (4) times each year, the Contractor sha11 provide the City with a complete listing in a City-approved electronic format of a11 Gommercial Customers and Multi-Family. Complex Customers, including business . name, conta.ct name, address, Garbage and recycling service volume . and frequency and any other pertinent information that .may assist the City in targeting additional City-initiated outreach. The, Contractor shall . annually contact, by direct mail, telephone or site visit, the manager or owner of each site to encourage participation and inform the manager or owner of a11 available services. and ways,to decrease Garbage generation. Printed informational materials discussing waste prevention and recycling service options ,sha11 be prepared and distributed by the , Contractor to support contact with. Mu1ti-Family Complex and Commercial Customer sites: This contact shall be coordinated with City and King County promotional efforts. The Contractoi shall include with its ~ annual reportthe list of`Multi-Family Complex and Commercial Customer . sites; Garbage, recycling and Composta.bles status; Container sizes, service frequency, and types; Customer contact dates and outcome of such contacts; and suggestions for increasing participation or other program improvements. The. City and the Contraetor shall meet periodically to evaluate the effectiveness of the above-stated education and outreach program. The - City and the Contractor sha11 collaborate, as needed, to develop alternative edueation and outreach materials, strategies, and initiatives if deemed necessary. 2.3,6 Field Monitoring The City may periodically monitor collection system parameters suc_h as. participation, Container condition, Container weiglits, 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: City of Auburn 56 February 2011. Solid Waste Collection Contract 2.3.7 Transition to Next Contractor The Contractor sha11 be expected to work with the City and any successive contractor(s) in good faith to ensure a minimum of Customer disruption during the transition period. Container removal and replacement shall be . coordinated between the Contractor and a successive contra.ctor to occur simultaneously in order to minimize Customer inconvenience. Trie Contra:ctor shall provide a detailed updated Customer list, including Customer name, service address, mailing address, and collection and ' Container rental service levels to the successive contractor within seven (7) days request of the Gity. The parties recognize that a failure to comply with this provision will damage the City, but that deternunation of.such damage will be difficult and burdensome; therefore, the parties agree that in the event of a breach of this provision and Contractor's failure, to cure such breach as described in Section 42, the Gontractor, or the Contractor's suTety, sha11 pay the City one hundred thousand dollars. ($100,000.00) for.,the material breach of this contract provision. Payment shall be made within twenty (20) business days of the end of this contract. 3. COMPENSATION 3.1 Compensation to the Contractor The Contractor':shall be paid monthly, by the twenty-fifth of the following month based on verified and corrected billing data provided for the prior month. These payments will comprise the entire compensation due to the Contractor. These charges provided in Atta.chment B for Garbage collection, as such may be adjusted in accordance with tYus Contract, include the following components: a) The Contractor's Garbage collection fee for the particular service level; b) A disposal fee component for ,the particular service level based on , the container weights specified in the Gontraetor's proposal and listed in Attachment B. Actual cerfif ed load weight in tons multiplied by . the King County tipping fee applicable to the Conta:iner contents multiplied by a factor of 1.15 shall be used for Drop-box Gazbage Container services; City of Auburn 57 Februa ry 2011 Solid Waste Collection Contract I , c) Recycling collection charges for each sector (e.g. Single Family Residential, Multifamily Residential and Commercial Customers); , d) Container costs for Garbage and Recycling services, but: not including Drop-boxes for which separate rental charges sha11 be assessed. Other services such as' Compostables collection and other ancillary, services.shall be chazged at the ra.te shown in Attachment B. The Contra.ctor shall not charge separately for Recyclables collection services, other thanthose beyond the limits :set forth herein or beyond scope of this contract. The Contractor's disposal and recycling costs for the annual. bulky waste collection event (Section 2.2.1:3) shall be invoiced directly to the City, with supportirig weight slips and invoices which document the expenses. The Gity shall pay these invoices, upon verificatiori; on the same schedule ~ as the Gontractor's regular monthly payment. Should the City initiate any program that bans materials (other than Yard Debris) or penalizes the customer for the composition of the waste stream; the rates shall be adjusted to make the effect on revenue-neutral to the Contractor. The City is responsible for billing the Customer and assumes all collection risk and other bad debt. Tlie City sha11 compen"sate the Contractor for tlie services actually performed by Contractor under this Contract, regardless whetlier the City obtains payment from the Customer. 3.2 Compensation Adjustments 3.2.1 Anriua.l Rate Adjustment The Contractor's collection service charges, excluding waste disposal fees, for each level of service shall increase or: decrease once every year by the percenta.ge change in the Consumer Price Index CWURA423SA0 for the Seattle-Tacoma-Bremerton Metropolitan Area for Urban Wage Earners and Clerical Workers, all items (Revised Series) (CPI-W 1982-1984) prepared by the United States Department of Labor, Bureau of Labor Statistics, or a ' -replacement index (the "GPI Index"). , Adjustments to the Contractor's collection service charge shall be made in . units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered when making adjustments. City of Auburn 58 February 2011 Solid Waste Collection Contract Rates sha11 be adjusfed annually, beginning January 1, 2013 (the; "Adjustment Date"):` The Contractor 'shall. submit to the City for review and approval a Rate Adjustment Statement, calculating the new rates for . the next year, by calculating the percentag& change in the CPI Index for the - most recent twelve (12) month period ending on August 31 st of that year: . The Contractor's calculations shall be provided to the City no later than . October 15'h prior to the Adjustment Date and the City shall ha.ve thirty . , (30) days to'confirm the Contra.ctor's rate modification calculations. ~ 3.2.2, Disposal Fee Adjustments ; ' . ~ Disposal Fee adjustments shall be made to Contractor collection rates to reflect increases or" decreases in King' County disposal fees for solid waste. Iri the event of a change in disposal fees;:the disposal fee component of rates charged to Customers shall `be adjusted, based on Container content weights specified in Attachment B of this Contract. Specific examples of rate modifications due to Consumer Price Index and disposal fee changes are provided in Attachment C. 3.2.3 Changes in Recyclables or Compostables Processing Sites and Tipping Fees - The Contractor- assumes all risk for the processing and mazketing of Recyclables and Compostables. If the'Contractor is required by the City to use processirig sites or markets other than those being used at the initiation of this Contract; the Contractor may submit a detailed proposal for a rate adjustment to reflect any additional costs or savings to the Contractor. The , City and Contractor agree to negotiate in good faitfi any changes to the rates to offset tliese costs or savings. If the County's Algona Transfer Station becomes unavailable for more than one week and the Contractor is required to haul Garbage to an alternative County disposal location in excess of ten (10) miles from the intersection of Division Street and , Main Street . the Contractor shall be allowed additional compensation of $2.00 per mile per truck trip above the ten (10) mile limit, for any daytime trip which would have otherwise gone to the Algona. Trarisfer Sta.tion. The amount of per mile compensation and the ' formula for liow the compensation is applied (other than the ten (10) mile threshold) shalf. be applied in accordarice with the then-current WLJTC tariff for the Contractor.'s South Sound WUTC tariff. 3.2.4 Other Modifications The Contra¢tor shall not adjust or modify rates due to employee wage increases; the value of Recyclables, Crarbage collection service level shifts, City of Auburn 59 February,2011 Solid Waste Collection Contract ' or, other changes affecting the collection system. At the time of the City's decision to extend this Contract t.hrougli invoking contract extension options, the Contractor can present a request for relief for any adverse market changes that ~have occurred during the previous period of the Contract. The City is under no obligafion togive consideration for those adverse changes as a.condition for invoking the contract extension option. If new City, King County, Washington State or Federal taxes are imposed or the ra.tes of'existing taxes are changed after the execution date of this Contract,.and the impact of these changes results in increased or decreased Contractor costs in excess of ten thousand dollars ($10,000) annually, the . Contractor and City shall enter into good faith negotiations to determine whether compensation adjustments are appropriate and if so, .to determine the amount and the method of adjustment. _ Any adjustment in Contractor . charges will coincide with the annual rate adjustment process described in this Section 3.2.1 . 3.3 : : . Change in Law Chan ges in Federal, ` State or local laws or regulations or a continuing Force Majeure everit that results in a detrimental" change in circumstances or a material hardship for the Contractor in performing this Contract may be the sutiject of a request by the Contractor for a rate adjustment; subject to review and approval by the City. ; For purposes of this:section "material hardship" means that the change must have or be reasonably expected to have a financial impact to the Contractor (i.e. increased costs ar decreased revenues) in an :amount equal to or greater than one percent of. the ' Contractor's gross annual revenues ayailable from this Contrac't. If the City requires review of the Contractor's financial or other proprietary information in conducting its rate review, at the request of the Confractor, the City . ' shall retain a third-party to review such information at the Contractor's expense, and , may take any other steps it deems appropriate to protect the :confidential nature ofthe Contractor's documents and preserve the Contractor's ongoing ability to remain 'competitive. 4. ` FAILURE TO PERFORM; REMEDIES, TERMINATION The City expects high levels of Customer service and collecfiori service provision. Performance failures shall be discouraged, #o the extent possible, through automatic and ' perfornian ce fees for certain infractions and through Contract default for more serious lapses in service provision. Section 4.1 details infraetions subject to automatic or performance fees, and Section 42 details default provisions and procedures. Cityof Auburn 60 February 2011 , Solid Waste Collection Contract 4:1 Performance Fees The Contractor may be subject to performance fees for the following acts or , omissions if docusnented in an incident report:presented by the City to the Contractor. . . The. City reserves the right to make periodic, unscheduled inspection visits or use . other means, to deternune the Contractor's compliance' with the Gontract: Deductioris for misses will not be applied for collections prevented by weather or holiday rescheduling or collections missed due to.labor _disruptions during the first week of . ' . the,disruption. Performance fees are as follows: n~ ~ ~ ~s~C~ ~ ~N ORIONIISSI0~°.f~~~~~"~' Gollection. before or -after the times specified Two Hundred Fifty Dollars ($250) per in .,Section 2:1.4, except ' as expressly truck route (each truck on each route_ is a permitted by the City. separate incident). . Repetition of complaints on a, route after Twenty-Five dollars ($25) per incident, notification, including,, but not limited to, not to. exceed thirty (30) complaints per failure to replace Containers in designated truck per day. ' locafions, spilling, not closing gates, not replacing lids, use of profanity, creation of excessive noise; collection of Commercial Containers outside hours specified herein for Residential areas, crossing or driving over planted azeas, observed reckless driving, or similar violations. Failure to collect spilled materials. Twice the cost of cleanup to the City or King County, plus Five Hundred Dollars _ ($500) per iricident. Failure to maintain placards on service Two Hundred Fifty Dollars ($250) per vehicles as required by Section 2.1.14 vehicle; per day. Curable Leakage from Contr,actor vehicles or Two Hundred Fifty Dollars ($250) per vehicle. contents, _ observed by. the City, its vehicle, per.day, plus clean up costs. agents or photographed by Customers:. Failure to collect missed materials within one One 'Hundred Dollars ($100) per incident (1) business day after notification. =to a maximum of Five Hundred Dollars ($500) per truck per day on Single-Family Residence routes and no maximum for - • Multi-Family ° Complex and Commercial . Customer routes. City of Auburn 61 February 2011 Solid Waste Gollection Contract . . ~ °y . . , ~ t ~ ~ Missed collection of entire block segment of ' One Hundred Eifty Dollars ($150) per Single-Family Residences (excludin& ~ block segment -if collection is performed collections prevented by inclement weathe'r). the following day; Five Hundred Dollars ($500) if not collected' by the following . , day: Collection as Garbage or disposal as Garbage One Hundred Dollars ($100) per incident, of - Source-Separated . Recyclables or up to a maximuin of One Thousand Compostables in clearly identified Containers, Dollars ($1,000) per truck, per day. bags or boxes. Collection of Garbage. containing-:. visible Twenty-Five Dollazs ($25) per incident. - quantities of Yard Debris. , . . , Rejection of Garbage, Recyclables or Twenty-FiveDollars ($25) per incident. . , , Compostables without providing ~ documentation to the Customer of the reason for rejection. . Failure to deliver Detachable Containers to . Fifty Dollars ($50) per Container per day. • new Commercial Customers withiri three (3), business days. Failure to deliver carts, Detachable Fifty Dollars ($50) per Container per day: ' Containers, or Drop-Box Containers within three. (3) business days of request to Multi- . Family Complex or Commercial Customers. . Failure to deliver Garbage, Recycling or Fifteen Dollars ($15) per Container per Compostables Carts within seven (7) days of day. , request to Single-Family Residence . Customers. Substantial misrepresentation by Contractor Five Thousand Dollars ($5;000) per : in records or reporting. incident. - Failure to provide required reports on time. Two Hundred Fifty Dollars ($250) per incident. , Failure to maintain . clean and sanitary Fifty Dollars ($50) per incident, up to' Containers, vehicles, and facilities. maximum of One Thousand Dollars ($1,000) per inspection. City of Auburn 62 February 2011 Solid Waste Collection Contract ~ ~ Cl g (~NN,[ffil -~M_ ~.AL° ~&1','sa.: Landfilling or incineration 'of Recyclables or One Thousand Dollazs .($1,000) _ per . Compostables in violation of Section 2.1.11 vehicle; per incident. ' - without the express wriften permission of the City: Failure to meet recycling - processing One Thousand Dollars ($1,000) per performance requirements of Section 2.1.11-. . month, for any occurrence during that month. ~ , Failure to meet Average Speed of Answer and Two Hundred, Fifty Dollars ($250) per Abandon% performance customer service incident. requir.ements. These a.re based on monthly averages and monthly occurrences. • The parties acknowledge the difficulty in anticipating actual damages to remedy the damage: The parties further agree that the performance fees listed in this Section , represent a reasonable estimate of the loss likely to result from the remedy for the damage. Nothing: in this Section shall be construed as providing an' exclusive list of the acts or omissions,of the Contractor that shall be considered violations or breaches of the Contract and, except for those 'listed breaches set forth above, the City reserves the right to exercise ariy and all remedies it may have with respect to these and other violations and breaches:The performarice fees schedule set forth here shall not affect the City's ability to terminate this Contract as described in Section 4.2. - Performance fees; if assessed during a given month, shall be invoiced by the City to the Contractor. Performance fees may be levied only if documented in an incident report presented by the City to the Contractor. Performance fees shall only be assessed after the Contractor has. been given the opportunity; but has failed to rectify the deficiencies of which it has beeri notified. .:The Contractor sha11 pay the City the invoiced amount within, thirty '(30) days of billing. Failure to pay performance fees shall be corisidered a breach ofthis,Contract: Any performance fees imposed under this Section may be appealed by the Contractor to the City. The Contractor sha11 be allowed to present evidence as to why the amount of perforniance fees should be lessened or elimina.ted: The decision of the City shall be final. . 4.2 Contract Default - The Contractor sha11 be in default of this Contract if it violates:any provision of this Contract. In addition, the City reserves the right to declare the Contra.ctor to be in City of Auburn 63 Febivary 2011. Solid Waste Collection Contract default in the event of any violation, which shall include, but not be limited to, the following: (1) The Contractor fails to commence the collection of Garbage; Recyclables' or Compostables, or fails to provide any portion of service undei. the. Contract on October 1, 2011, or for a period of more thanfive (5) consecutive days at any time during the term of this Contract. (2) T'he Contractor fails to obtain and maintain any permit required by the City, King County, or any federal, state or other, regulatory body in order to..collect materials under this Contract. (3) The Contractor's noncompliance creates a hazard to public health or safety. (4) The Contractor repeatedly or -persistently acts or fails to act in a mariner that is subject to performance fees in excess of` twenty-five thousand dollars ($25,000.00) during any consecutive twelve (12) month period. (5) The Contractor fails to maintain, _ in good standing, surety. and insurance required by this Contract. The City reserves the right to pursue any remedy available at law for any default by the Contractor. In the event of default, the City shall give the Contractor ten (10) days prior written notice of its interit' to exercise its rights, stating the reasons for such action: However; if an emergency shall arise that does not a11ow ten (10) days prior' written notice, the City shall, immediately notify the Contractor of its intent to , exercise its riglits immediately. . If the Contractor cures the stated reason within the - stated period, or initiates efforts satisfactory to the City to remedy the. stated reason and the efforts continue in good faith, the City may opt to not exercise its rights for the particular incident. If the Contractor fails to cure the stated reason within the stated. period, or does not undertake efforts satisfactory to the City to remedy the stated reason, then the City may at its option terminate this Contract. If the Contractor abandons or violates any portion of this Contract, fails to fully and promptly comply with all its obligations, or fails to give any reason satisfactory to the City for noncompliance, and fails to correct the same, the City, aftei the initial ten (10) days notice; may declare the Contractor to be in default of this. Contract and notify the Contractor of the termination of this Contract. A copy of said notice sliall ' be sent to the. Contractor and surety on its performance bond. Upon receipt.of.such notice, the Contractor agrees that it,shall promptly discontinue _ the services provided under this Contract. The surety may, at its option, within ten (10) days from-such written notice, assume the services provided under this Contract that the City has ordered discontinued and proceed to perform same; at its sole cost and expense, in compliance with the terms and conditions of the Contract, and all documents incorporated herein. Pending consideration by the' surety of said option to City of Auburn 64 February 2011 Solid Waste Collection Contract assume the services. provided under this Contract, the City may employ such work force and equipment as it may deem'advisable to continue the services provided under this Contract. The cost of all labor, ec}uipment and materials necessary for such services provided under this Gontract shall be paid by the Contractor in fu1L In the event that the surety fails to exercise its option within the ten (10) day period, . the City may complete the services provided under this Contract or any part thereof, either through its own work - force or by contract, and to procure other vehicles, ~ equipment and facilities necessary for the completion of the same, and to charge the , same to the Contractor and/or, surety, together with"all reasonable costs incidental C thereto. The City sha11 be entitled to recover from the Contfactor and its surety as damages a11 expenses incurred, including reasonable attorney's fees, together with a1T such additional sums as may be necessary to complete the services provided under this Contract, together with any further damages sustained or to be sustained by the City. . If. City erriployees provide Garbage, Compostables and/or Recyclables collection, the actual incremental costs of City labor, overhead and administration shall serve as the - basis for a charge to the Confracfor. 4.3 Availability of Collection Vehicles - All vehicles; facilities, equipment and property used by the Contractor shall be listed in an inventory supplied to the City and updated annually ("Contractor's Inventory"). Unless an approved replacement or substitute is provided, all vehicles, facilities, equipment and property identified in the Contractor's Inventory for use in the performance of this Contract shall be available for the City's use in the case of default in collecting Solid Waste, Recyclables and Composta.bles in the City for the duration of this Contrac"t; when provided, this Section applies to any replacement or substitute. Rent for the City's, use of Contractor's Inventory sha11 be negotiated between the parties based upon the historical cost of the inventory less any accumulated depreciation. Disputes sha11 be resolved in accordance with this Contract. 5. NOTICES , . All notices required or contemplated by this Contract shall be personally served or mailed . (postage prepaid and retum receipt requested), addressed to the parties as follows: To City: Finance Director Gity ofAuburn . 25 West Main Street . . Auburn, WA 98001 ; City of Auburn 65 Febrqary 2011' Solid Waste Cotlection Contract with copy to: City Clerk . . City of Aubum 25 West Main Street Auburn, WA 98001 To Contractor: ; Municipal Contracts Manager Waste Management of Washington Inc. , 801 2"d Avenue, Suite 614 Seattle, WA 98104 6. GENERAL TERMS . 6.1 Collection Right The Contractor shall be the exclusive provider with which the City sha11 contract to , collect Gazbage, Compostables and Recyclables ..and construction/demolition materials.plaeed in. Contractor-owned Containers and set;out in the regular collection locations within the City Service Area. The Contractor may independently enforce its rights under this Contract against third-party violators, including but not limited to. seeking injunctive relief. The City will use good faith efforts to cooperate in, such enforcement actions, but shall not be required to join in any litigation, or to take any code or franchise enforcement action. This contract provision will not . apply to: Gazbage, Recyclables or Compostables self..: hauled by the generator; Source-Separated Recyclables _hauled by common or private carriers (including drop-off recycling sites) from Commercial premises that . contain at least ninety percent (90%) recyclable materials; construction/demolition waste hauled by self-haulers or construction contractors in the normal course of their business; Garbage, Recyclables or Compostables handled -by retailers or. maintenance . services whose primary business involves providing. services unrelat"ed to Curb. collection services (e.g. carpet installers, furniture delivery/pick-up, site clean-up services which include loading/sweeping, etc.); Compostables generated and hauled by private landscaping services; or Compostables hauled by common or private . . carriers from Commercial premises that contain at least ninety percent (90%) ' Compostable materials. The Contractor sha11 retain responsibility for Garbage, Recyclables, construction/demolition materials and Compostables once these materials aze placed in Contractor-owned Containers and the Contractor shall have no responsibility for these materials prior to the time they are placed in Contractor-owned Containers., The Contractor shall retain revenues it gains from the sale of Recyclables, construction/demolition materials or Compostables. Likewise, a tipping or acceptance fee charged for Recyclables, ' construction/demolition materials or Compostables shall be the financial responsibility of the Contractor. City,of Auburn 66 February 2011 Solid Waste Collection Contract The City sha11 work with the Contractor, other haulers and processors, and other regional governments to develop a reasonable definition of what constitutes legitimate construction/ demolitiori recycling for the purposes 'of interpreting collection authorities. Once a ieasoriable recycling threshold or "test" is developed with King ' County, the City and ' Contractor shall" negotiate and amend this Agreement _ accordingly: -62 Access to Records - The Contractor sha11 maintain in its local office full and complete operations, Customer; financial and service records that at any' reasonable time sha11 be open for inspection and copying .for any reasonable purpose by the City. In addition, the - Contractor shall, during the Contract term, and at least' five (5) years thereafter; maintain in an office. in Washington State reporting records and' billing records pertaining `to the Contract that are prepared in accordance with `Generally Accepted Accounting Principles, reflecting the Contractor's services provided under this - Contract. Those Contractor's accounts shall include but shall not be limited to a11 ~ records, invoices and payments under the Contract, as adjusted for additional and deleted services provided under this Contract. The City shall be allowed access to these records far audit and review purposes. The Contractor shall make. available copies of certified weight slips for Garbage, Recyclables and Compostables on request within two (2) business days of the request. - The weight slips may be requested for any period during the term of this Contract. 6.3 Contractor to Make Exa.minations The Contra.ctor has made its own examination, investigation and research regarding . proper methods of providing the services required under this Contract, and all conditions affecting the services to be provided under this Contract, and the labor, equipment and materials needed thereon, and the quantity of the work to be performed as set forth by the Contract. The Contractor agrees that it has satisfied itself based on its own investigation and research regarding all of such conditions, that its conclusion to enter into this Coritract is based upon such investigation and ' research, arid that it shall make no claim against the City because of any of the estimates, statements or interpretations, made by any off cer or agent of the City that may be erroneous. With the exception of Force Majeure events or as otherwise provided in this Contract, the Contractor assumes the risk of all conditions foreseen and unforeseen, and agrees to continue-to provide services,under this Contract without additional compensation under whatever circumstances may develop other than as provided herein. City of Auburn 67 February 2011 Solid Waste Collection Contract 6.4 Insurance - The Contractor sha11 procure arid maintain, for the duration of the Contract, insurance against cla.ims for injuries to persons or damage to property that may arisefrom or in connection with the 'performance of the services provided under this Contract hereunder by the Contractor, tlieir agents, representatives, employees: or, subcontractors. The cost of such insurance sha11 be paid by the Contractor: Failure to make insurance payments and to keep policies current shall be cause for contra.ct default in accordance with Section 4.2. No Limitation. Contractor's maintenance of insurance asrequired bY the eement _ , . . shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise.limit the City's recourse to any remedy available at` law or in equity. 6.4.1 Minimum Scope of Insurance _ Contractor sha11 obtain insurance that meets ar exceeds.the following 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. The policy shall be endorsed to provide. contractual liability coverage. The City shall be. named as an additional insured under the Contractor's Automobile Liability insurance policy with respect to the work performed for the City, using ISO additional _ insured endorsement CG 20 48 02 99 or a substitute endorsement providing equivalent coverage. ' (2) Commercial General Liabilitv insurance shall be written on ISO . occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 .85. There shall be no endorsement or modification of the Commercial General Liability . insurance for liability, arising from explosion, collapse or uridergiound property damage. The City shall be riamed. as an addi"tional insured ° . under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City, using ISO additional . insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. City of Auburn 68 February 2011 Solid Waste Collection Contract (3) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (4) Contractor's Pollution Liabilitv insurance coverage ("occurrence" form) covering any claim for bodily injury, personal injury, property damage, cleanup costs and legal defense expense applying to all work performed under the contract. ' 6.4.2 Miriimum Amounts of Insurance Contractor shall maintain the following insurance limits: (1) Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. (2) Commercial General Liabilitv insurance shall be written with limits _ no less than $5,000,000 each occurrence, $5,000,000 general aggregate and a$2,000,000 products-completed operations aggregate limit. (3) Workers' Compensation coverage as required by the Industrial Irisurance laws of the State of Wasriington. (4) Contractor's Pollution Liabilitv insurance sha11 be written with limits ' no less than $3,000,000 combined single limit per occurrence for bodily, injury, personal injury, property damage, cleanup costs and legal defense expense. 6.4.3 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. In the event the deductibles or self-insured retentions are not acceptable to the City, the City reserves the right to negotiate with the Contractor for changes in coverage deductibles or self-insured retentions; or alternatively, require the Contractor to provide evidence of other security guaranteeing payment of losses and related investigations, claim admiriistration and defense expenses. 6.4.4 Otlier Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability, and Contractor's Pollution. Liability coverage: (1) The Contractor's insurance coverage sha11 be the primary insurance with'respect to the City, its-officials, employees and volunteers. Any City of Auburn 69 February 2011 Solid Waste.Collection Contract Insurance, self-insurance,; or insurance pool coverage maintained by the City shall be, in excess of the Contractor's insurance and shall not contribute with it.. (2) Coverage shall. state that the Contractor's insurance sha11 apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (3) The Contractor's insurance sha11 be endorsed to state that coverage shall not be cancelled by either party, except after thirry (30) days . prior written notice by certif ed mail, retum , receipt requested, has ` been given to the City. 6:4.5 Accepta.bility of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VIII. 6.4.6 Verification of Coverage The Contractor shall furnish the City with original certificates including, but not necessarily limited `to, the additional insured endorse"ment, evidencing . the insurance . r'eguirements of the Contractor before commencement of the work. 6.4.7 Subcontractors The Contractor shall include all subcontractors as insured under its policies or shall fumish separate certificates and endorsements for each subcontractor in advance of work being performed by each subcontractor. All coverages for subcoritractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 6.4.8. ACORD Form The policy shall be endorsed to provide the following revised language at tlie bottom of the ACORD Form: Replace: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company ' shall endeavor to mail thirty (30) days written notice to the below nained Certificate holder, but failure to mail such notice shall impose no _ obligation or liability of any kind upon the company." With the following: "Should any of the above described policies be canceled, lapse, or be reduced as to coverage before the expiration date thereof, the issuing company shall mail thirty (30) City of Auburn , 70 February 2011 Solid Waste Collection Contract calendar days prior written notice to the below named Certificate holder and Additional Insured, the City of Auburn, by certified mail." 6.5 Performance Bond The Contractor sha11 provide and maintain at a11 times a valid Contractor's Performance and Payment Bond or bonds, letter of credit or other similaz instrument acceptable to and approved in writing by the City in the amount of five hundred thousand dollars ($500,000.00). The bond, letter of credit or other similaz 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 similaz instrument, and evidence satisfactory to the City of its renewability, no less than sixty (60) calendar days prior to the expira.tion of the bond, letter of credit or other similaz instrument then in efFect. The City shall have the right to call the bond, letter of credit or other similaz instrument in full in the event its renewal is not confirmed prior to five (5) calendar days before its expiration.' Failure to make bond payments and to keep the,bond current shall be cause for . contract default in accordance with Section 4.2. 6.6 Indemnification 6.6.1 Indemnify and Hold Harmless The Contractor shall indemnify, hold hatmless and defend the City, its elected officials, officers, employees, volunteers, agents and representatives, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorney's fees in defense thereof, or injuries, sickness or death to persons, or damage to property, which is caused by or arises out of the Contractor's exercise of duties, rights and privileges granted by the Contract, provided, however, that the Contractor's obligation to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from concurrent willful or negligent acts or actions of the Contractor and the City shall apply only to the extent of the Contractor's negligence. 6.6.2 Notice to Contractor; Defense In the event an action is brought against the City for which indemnity may be sought against the Contractor, the City shall promptly notify the Contractor in writing. The Contractor shall have the right to assume the investigation and defense, including the employment of counsel and the payment of a11 expenses. On demand of the City, the Contractor shall at its own cost and expense defend, and provide qualified attorneys acceptable to the City under service contracts acceptable to the City to defend, the City, its officers, employees, agents and servants against any claim in any way City of Auburn 71 February 2011 Solid Waste Cotlection Contract connected with the events described in Section 6.6.1.. The City shall fully. . cooperate with the Contractor in its defense of the City, including consenting to all reasonable affirmative defenses and counterclaims " asserted on behalf of the City. The City may employ separate counsel and participate in the investigation and defense, but the Gity sha11 pay the fees and costs of that counsel unless the Contractor fias agreed otherwise: . The Contractor shall control the defense of claims (including` the assertion of counterclauns) against which it is providing indemnity under tlus Section, . and if the City employs separate counsel the City shall assert a11 defenses and counterclaims reasonably'available to it. . - 6.6.3 Industrial Insurance Immunity Waiver With respect to the obligations to hold harmless,. indemnify and defend provided for herein, as they relate to claims against the City, its elected - , officials, officers, employees, volunteers, agents and representatives, the : Contractor; agrees to waive. the ' Contractor's immunity under industrial insurance, Title 51 RCW, for any injury, sickness or, death suffered by the Contractor's employees that is caused by or arises out of the Contractor's negligent exercise of rights or privileges granted by the Contract. , This waiver is mutually agreed to by the parties. 6.7 Payment of Claims The Contractor agrees and covenants to pay promptly as they become due a11 just claims far labor, supplies and materials purchased for or furnished to the Contractor in the execution of this contract. The Contractor shall also provide for the prompt and efficient handling of all complaints and claims arising out of the operations of the Contractor under this contract. 6.$ Confidentiality of Information Under Washington State law, the documents (including but not limited to written, printed; graphic; electronic, photographic or voice mail materials andlor transcriptions, recordings or reproductions tfiereof) prepared in performance of this Contract (the "documents") and submitted to the City are public record subject to mandatory disclosure upon request by any person, unlessthe documents;are exempted from public disclosure by a specific provision of law. If the: City receives a request for inspection or copying of any such documents, it sha11` . promptly notify the Contractor at the notice address set forth in Section 5 hereinand sha11 give the Contractor ten (10) working days from. the date of mailing of such notice to. obtain an injunction prohibiting or conditioning the release of the documents. The City assumes no contractual obligation to enforce any exemption. , City.ofAubum 72 February 2011 Solid Waste Collection Contract \ 6.9 ' Assignment of Contract 6.9.1 Assignment or Pledge of Moneys by the Contractor The Contractor shall not assign or pledge any, of the moneys due under this . ' Contract' witliout securing the written approval of , the surety on the performance bond and providing at leastw thirty (30) calendar days prior notice to the City of such assignment or pledge togetlier `with a copy of the surety's approval thereof. Such assignment or, pledge, however, shall not release the Contractor or its sureties from any obligations or liabilities . arising under or because of this Contract: 6.9.2 ; Assigiiment, Subcontracting, Delegation, of Duties and Change in Control The Contractor sha11 not assign or subcontract any of the work or delegate ' any of its duties under this Contract without the prior written approval of . the City and submittal of proof of insurance coverage. When requested, approval by the City of a subcontract or assignment sha11 _ not be unreasonably withheld. . In the event of an assignment, subcontracting or delegation of duties, the Contractor shall remain xesponsible for'the full and faithful performance of this Contract and the assignee; subcontractor, or other obligor shall also become responsible to the City for the satisfactory performance of the work assumed. The City may condition approval upon the deliveryby the assignee, subcontractor or other obligor of its covenant to the _City fo fully and faithfully complete the work or resporisibility undertaken: In addition, the assignee, subcontractor or obligor sha11 sign a separate statement agreeing to abide by all terms and conditions of this Contract. The City may terminate this Contract ifthe assignee, subcontractor or " obligor does not comply with this ,clause. Furthermore, the assignee, , subcontractor or obligor, shall be subject to a one (I) yeaz evaluation period during which the. City may terminate this Contract on the basis of any material breaches of the terms binding the Contractor. For the purposes of this contract, any Change in Control of the Contractor shall be considered an assignment subject to the requirements of this section. Nothing herein shall preclude the-City from executing a novation, . allowing the. new ownership to assume the rights and duties of the contract and releasing the previous ownership of a11 obligations and liability. Contractor may assign this Contract to:another subsidiary or affiliate of Contractor ' upon the City's consent, whicfi sha11 riot be unreasonably withheld, provided Contractor can demonstrate that its subsidiary or City of Auburn 73 Februar y 2011 Solid.Waste Collection Contract affiliate is a corporate entity based in Washington State with operations based in Washington State. 6.10 Laws to Govern/Veriue This Contract shall be goverried by the laws of the State of Washington both as to ' interpretation and performance. Venue shall be' in Superior Court in the State of Washington for King County. 6.11 Compliance With Law The Contractor, its officers, employees, agents and subcontractors shall comply with applicable federal, state, county, regional or local laws, statutes, rules, regulations ar ordinances; including those of agencies having jurisdictiori over the subject matter of this Contract, in.performing its obligations under the Contract.,Such compliance shall - include abiding by a11 applicable federal, sta.te and local policies to ensure equal employment opportunity and non-discrimination. The Contracto "r sha11 comply with all applicable laws, pertaining to employment practices, employee treatment and _ public contracts. Conditions of.tlle Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Indusfrial. 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 hannless the City from all damages assessed for the Contractor's failure_to comply with the Acts.and Standards issued therein. The Contractor is also resporisible for meeting all pertinent local, state and fede"ral health and erivironmental regulations and staridards applying to the operation of the collection and processing systems used in the performance of this Contract. . The Contractor is, specifically directed to observe all weight-related laws and regulations in the performance of these services, includiiig axie bridging and loading - requirements. 6.12 Nori-Discrimination , The Contractor will not discriminate against any employee or applicant for employment because of age, race, religion, creed, 'color, sex, marital status, sexual `orientation, political `ideology, aricestry, national origin, or the preserice of any sensory, mental or physicaT handicap, unless based upon a bona fide occupational qualification. The Contractor will take affirmative action to ensure that applicants are ' employed, and tliat employees are treated during employment, without regazd to their creed,: religion, race, color, sex, national origin, or the presence of any sensory, mental or physical handicap. Such action sliall include, bu't not be;limited ta the following: employment upgrading; demotion or transfer; recruitmenti or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for : City of Auburn 74 February 2011 Solid Waste Collection Contract training, including apprenticeship. The Contra.ctor agrees to post in conspicuous places, available to employees and applicants for employment, any required notices setting forth the provisions of this non-discrimination clause. The Contractor uriderstands and agrees that if it violates this non-discrimination provision, this Contract may be terminated by the City and further that the Contractor shall be barred from performing any services for the City now or in the future, unless _ a. showing is made satisfactorily to the City~-that discrimina.to,rypra.ctices have :terminated_and that recurrence of such action. is urilikely. 6.13 Permits and Licenses ~ The Contractor arid subcontractors shall` secure a City business license if required and , pay fees and taxes lev'ied by`the City. The 'Contractor shall have or obtain all permits and licenses necessary to provide the seivices herein atits sole expense. The Contractor shall be solely responsible for all - taxes; fees and chazges incurred . subject to the threshold piovided for in Section 12.4, including, but not limited to, license fees and all federal; state, regional, county and local taxes and fees, including . income'taxes; property taxes, permit fees, operating fees, surchazges of any kind that apply to any and all persons; facilities; property, iricome, equipment, materials, supplies or activities related to the Contractor's activities under the Contract, business and occupation taxes, workers' compensation and unemployment benefits. 6.14 Relationship of Parties , The City and the" Contractor expressly agree that tlie full extent of the relationship between the Contractor and the City is that the Contractor is at all times an independent contractor of the City with respect"fo this Contract. The implementation . of services sha11 lie solely.with the Contractor. No agent, employee, servant or representative of the Contiactor shall be .deemed to be an employee, agent, servant or ' representative of the City. 6.15 Contractor's Relationship with Customers The Contractor sha11 not separately contract mit2i Customers for any services covered under this contract: The Contractor is specifically allowed to negotiate separate agreements with Customers for compactor leasing, Commercial Recycling or Compostables collection services, or other related services not included in this contract, provided that Customers are provided separate invoices for those services and that the Contractor makes it clear .to Customers that` those services are not " provided under this City contract. These separate agreements must be in writing and - shall in no way supersede this contract These separate agreements cannot have durations any longer tlian the final date of triis coritract's term, since the City may, at , its sole option, regulate similar or identical services in the successor to this contract. City of Aubarn 75 February 2011 Solid Waste.Collection Contract 6.16 Bankruptcy , It is~ agreed that if the Contractor is adjudged bankrupt; either voluntarily or involuntarily, then this Gontract, af the' option of the Gity, may be terminated effective on the day and at tlie time the bankruptcy petition is filed. , 6.17 Right to Renegotiate/Amendment The City shall. retain the right-to renegotiate this Gontract or negotiate contract amendments based on Gity policy changes, state sta.tutory changes or rule changes in King County, Washington State or federal regulations regarding issues that ma.terially modify the terms and conditions of the Contract. The City may also renegotiate tlus Contract should any Washington Sta.te, King County or City rate or fee associated with, the Contract be field illegal.or any increase thereof be rejected byvoters. In ~ addition, the Contractor "agrees to renegotiate in good faith with the City in the event the City wishes to change disposallocations or add additiorial:services to the Contract and to provide full disclosure of existing and proposed costs and operational impacts . of any proposed changes. . This Contract jmay, be amended, altered or modified only _by a written amendment, alteratiori or modification; executed by authorized representatives of tYie City and the Contractor. 6.18 Force Majeu're Provided that the requirements of this Section are met, Contractor sha11 not be deemed to be in default and shall not be liable for failure to perform under this Contract if Contractor's ,performance is prevented or delayed by acts of terrorism, acts of God including landslides, liglitning, forest fires, storins, floods, freezing, and earthqualces, civil disturbances, wars, blockades, public riots, explosions, . unavailability of required materials or disposal restrictions; governmental restraint or other causes, whether of the kind enumerated or otherwise, that are not reasonably within the control of the Contractor ("Force Majeure"):. If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this Contract, it shall promptly give the City written notice of the Force Majeure ' event, describing, it in reasonable detail. The Contractor's obligations; under this Contract, shall be suspended, but only with respect to the particular component of - obligations affected by the Force Majeure event and only.for the period during wlucti the Force 1Vlajeure event exists. 6.19 Illegal Provisions/Seyerability At the discretion of the City, if any provision of this Contract shall be declared illegal, void; or unenforceable, the other provisions shall nof be affected; but sha11 remain in full force and effect. City of Auburn 76 February 2011 Solid Waste Collection Contract 6.20 Waiver No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, and executed by the party against whom such waiver is sought to be enforced. A waiver by either party of any of its rights under this Contract on any occasion shall not be a bar to the exercise of the same right on any subsequent occasion or of any other right at any time. 6.21 Entirety This Contract and the attachments attached hereto and incorporated herein by this reference, specifically Atta.chments A-C, represent the entire agreement of the City and the Contractor with respect to the services to be provided under this Contract. No prior written or oral sta.tement or proposal shall alter any term or provision of this Contract. WITNESS THE EXECUTION HEREOF on the day and yeaz first herein above written. WASTE MANAGEMENT OF CITY WASHINGTON, INC. , By: By: Dean KattIA ce President Pe er B. Lewis, Mayor 13225 NE Place Kirkland, 8034 A TTEST: D' lle Daskam, City Clerk APPROVED AS TO FORM: ~ Daniel B. Heid, City Attorney Attachments: A. Service Area Map B. Contractor Rates C. Rate Modification Examples City of Auburn 77 February 2011 Solid Waste Collection Contract Attachment A = Solid Waste SeMce Area ~ 167 ~ ~ ~ ~ ~k ~t, Y f t ~•yr ~ 18 ~ ~ . ~ . . ~ . . ~ , 1 AuburnCity Lim3s Aroeation Arco s L' • ~ Service Area ~ City of Auburn Attachments January 2011 AtEachment B: Contrac#or Rates City of Auburn Compostables service Fem Pounds (Mcrrthty) (Montlily) Total Per Collection Disposal Service Service Class Unit Fee Fee Fee Resederaiiaf Servls" eekl Service: 110 Gat. Microcan 9.38 $ 6.95 $ 1.93 $ 8.88 120 Gal. Cart 15.64 $ 6.84 $ $.22 $ 10.06 1 35 Gal.Cart 21.90 $ 7.85 $ 4.12 $ 11.97 164 Gal.Cart 40.04 $ 11.92 $ 8:24 $ 20.16 1 96 Gal.Cart 60.08 $ 14.49 $ 12.38 $ 26.85 "Extra" 32 Gal. Can/Ba each 20.02 $ 3.73 0.95 $ 4.68. Com ostabtes Service: Basic Qo ostabfes Service - 96 allon 45.00 $ 7.11 $ $ 7:11 64 alfon Com ostables Service $ 6.61 $ $ 6:61 35 allon Com oshables Service $ 6.11 $ $ 8.11 ExVa Com ostables Carg/Ba s each 24.00 $ 2.31 $ $ 2.31 Fxtra 96 Gallon Gom Cart Rerd + Coil. 45.00 $ 3.68 $ $ 3.88 Redelivery of Compostables Cart ifi cancel & restart within severr months, per section 2.2.3.2 $ 17.00 $ $ 17.00 Miscellaneous Fees: Car -out Surchar e all servioe levels $ 5.84 $ $ 5.84 Compostable Cart Cleaning/Deodorizing, per sedion 2.2.3.2 $ 10.00 $ 10.00 Return Tri Fee $ 14.83 ffi $ 14.83 On-CaU Bul Waste Gflltecticn A liances non-refri erant 100.00 $ 53.44 $ 4.77 $ 58.21 Refri eratorsJFreezers 175.00 $ 53.44 $ 8.34 $ 61.78 Sofa 100.00 $ 53.44 $ 4.77 $ 58.21 Chair 75.00 $ 35.61 $ 3.57 $ 39.18 Mattress or Box rin s 50.00 $ 26.11 $ 2.39 $ 28.50 Tires: Auto/Li htTruck 35.00 $ 17.81 $ 1.68 $ 19.47 Bus/Heav Truck 70.00 $ 17.81 $ 3.34 $ 21.15 Additional for Rims or Wheels 15.00 $ 13.04 $ 0.72 $ 13.76 Misceiianeous er cubic ard 500.00 $ 64.15 $ 23.82 $ 87.97 Tem ora Container 5ervice Tem . 2 Yard Container 345.00 $ 32.47 $ 16.44 $ 48.91 . Dail Rcnt $ 1.28 $ $ 1.28 Delive Fee $ 36.82 $ $ 36.82 Tem . 4 Yard Container is$ $ 44.34 $ 32.88 S 77.22 Dail Rent S 1.28 $ $ '1.28 Delive Fee $ 36.82 $ S 36.82 Tem . 6 Yard Container $ 56.23 $ 49.31 $ 105.54 Dai Rent $ 1.28 $ $ 1.28 Delive Fee 36.82 $ $ 36.82 2 City of Auburn Attachments January 2011 Aftachment B: Contractor Rates CEty of Auaurn aartwjo and Cosnpoaftbles seivice Feag Pounds (Morrthly) (MoMhy) Total Per Coliection Disposal 3ervice Service Class Unit Fee Fee Fee Co~l/Mtt~F~'~l11 Cam 8e f:BKs Weekl Service: 1 10 Gal. Microcan 9.38 $ 6.78 $ 1.93 $ 8.71 1 20 Gal. Cart 15.64 $ 6.84 $ 3.22 $ 40.06 135 Gal:Cart 21.90 $ 7.85 $ 4.12 11.97 7 64 Gal.Cart 40.04 $ 11.12 $ 8.24 $ 19.36 1 98 Gal.Cart 60.06 $ 14.40 $ 1238 $ 26.76 "Extra" 32 Gal. CaNBa eacH 2Q02 $ 3.73 $ 0.95 4,68 Misceitaneous Services: Return Tri$ 14.83 $ 14.83 Ca -Out Service er can $ 1.28 $ $ 1.26 Roll-Out Cornainer $ 14.15 $ $ 14.15 Co bleCart Cteanin Deodorain $ 10.00 $ $ 10.00 Pressure WaShirt r yard) $ 2.34 $ - $ 2.34 rGommerWeYMF tTW cteaf GoniaFn 1 Cu. Yd. Unmm acted 1 icku /week 111.59 $ 60.39 $ 22.97 $ 83.36 2 icku ek 223.18 $ 110.80 $ 45.94 $ 156.74 3 icku ek 334.77 $ 161.19 $ 68.91 $ 230.10 4 icku s/week 446.36 $ 211.60 $ 91.88 $ 303.48 5 icku ek 557.95 $ 262.02 114.84 $ 376.86 1.5 Cu. Yd. Uncom ded 1 icku Poweek 167.39 $ 76.07 $ 34.45 $ 110.52 2 icku ek 334.77 $ 128.17 $ 68.91 $ 197.08 3 icku s/w8ek 502.16 $ 185.90 $ 103.36 $ 289.26 4 icku slweek 669.54 $ 243.63 $ 137.81 $ 381.44 • 5 icku ek 836.93 $ 301.34 $ 172.27 $ 473.61 2 Cu. Yd. Uncom ded 1 icku /week 223.18 $ 80.52 $ 45.94 $ 126.46 2 icku s/week 446.38 $ 145.56 $ 91.88 $ 237.44 3 icku slweek 669.54 $ 210.62 $ 137.81 $ 348.43 4 icku ek 892.72 $ 275.67 $ 183.75 $ 459.42 5 icku sdweek 1,115.90 $ 340.70 229.69 $ 570.39 3 Cu. Yd. Uncom acted 'I icku ek 334.77 $ 107.13 $ 68.91 $ 176.04 2 icku s/week 6W.54 $ 195.57 $137.81 $ 333.38 3 icku ek 1004.31 $ 284.00 $ 206.72 $ 490.72 4 icku ek 1339.08 $ 372.45 $ 275.63 $ 648.08 5 icku s/week 1.673.85 $ 460.91 $ 344.53 $ 805.44 4 Cu. Yd. Uncom acted 1 icku /week 446.36 $ 128.62 $ 91.88 $ 220.50 2 icku sNveek 892.72 $ 235.35 $ 183.75 $ 419.10 3 icku ek 1339.08 $ 342.07 $ 275.63 $ 617.70 4 icku s&week 1,785.44 $ 448.82 $ 367.50 $ 816.32 5 icku srweek 21231.80 $ 555.53 459.38 $ 1,014.91 6 Cu. Yd. Uncom acted 1 icku /week 689.54 $ 174.83 $ 137.81 $ 31264 2 icku ek 1339.08 $ 321.04 $ 275.63 $ 596.67 3 icku slweek 2,008.62 $ 467.26 $ 413.44 $ 880.70 4 icku s/week 2,678.16 $ 613.45 $ 551.25 $ 1 164.70 5 icku s/week 3,347.70 $ 759.68 $ 689.06 $ 1,448.74 3 City of Auburn Attachments January 2011 Attachment B: Contractor Rates Cii.y of Auburn sarbaie ana compastitbtas ser+►tca Fees Pounds (Montltly) (nnarrthry) Total Per CoUection Disposal Service Service Glass Unit Fee Fee Fee Com1»elcfBl~MF ieaFCori~'trer~ 8 Cu. Yd. Uncom cted 1 icku lweek. 892.72 $ 209.87 $ 183.75 $ 393.62 2 icku k 1785.44 $ 387.53 $ 36/.50 $ 755.03 3 icku ek 2 678.1.6 $ 565.19 $ 551.25 $'I 118.44 4 icku k 3,570.88 $ 742.86 $ 735.00 $ 1 477.86 5 icku ek 4,463.60 $ 920.50 $ 918.75 $1,839.25 Cdtn acted GantaineFs 1 Cubic Yard Carrtainer 334.77 $ 100.60 $ 68.91 $ 169.51 2 icku k 669.54 $ 2Q1.55 $ 137.81 S 339.36 1.5 Cubic Yard Container 502.18 432.75 103:36 236.11 2 icku k 1004.31 $ 265.93 $ 206.72 $ 472.65 2 Cubic Yard Container 669.54 $ 150.85 $ 137:31 $ 288.66 2 icku lweek 1,339.08 $ 302.18 $ 275.63 $ 577.79 3 Cubic Yard Container 1,004.31 $ 209.20 $ 206.72 $ 415.92 2 idcu Jweek 21008.62 $ 419.04 $ 413.44 $ 832.48 4 Cubic Yard Container 1,339.08 $ 261.16 $ 275.63 N1,566.09 2 idcu k 21678.16 $ 523.06 $ 551:25 3 iclw k 401724 $ 815.47 $ 826.88 5 Cubic Yard Container 1 673.85 438.01 344.53 2 icku k 3,347.70 $ 877.03 $ 689.06 6 Gubic Yard Container 2 OD8.62 $ 500.19 $ 413.44 2 icku Nveek 4 017.24 $ 1 000.41 $ 826.88 .6cVa Uncom acted Cubic Yard/Picku 111.59 $ 2.21 $ 72.97 $ 25.18 Speciat Pfcku 1 Yd S ecial icku 111.59 $ 64.47 $ 5.30 $ 69.77 1.5 Yd S ial icku 167.39 64.47 7.95 72.52 2 Yd S ecial icku 223.18 $ 64.47 $ 10.60 $ 75.27 3 Yd ecial icku 334.77 $ 84.85 $ 15.90 $ 80.75 4 Yd S ecial icku 446.36 $ 65.02 $ 21.20 $ 86.22 6 Yd S ecial icku 669.54 $ 65.40 $ 31.80 $ 97.20 8 Yd S ecial icku 892.72 $ 65.75 $ 42.40 $ 108.15 e~'at P[cku -Com cted ContalnErs 1 Yd S ecial icku 334.77 $ 69.64 $ 15.90 $ 85.54 1.5 Yd S cial icku 502.16 $ 72.65 $ 23.85 $ 96.50 2 Yd S ecial icku 669.54 $ 75.66 $ 31.80 $ 107.46 3 Yd S ecial icku 1,004.31 $ 81.67 $ E47.70 $ 129.37 4 Yd S ecial icku 1 339.08 $ 87.68 S $ 151.29 6 Yd S aal icku 2 008.62 $ 121.62 $ $ 217.03 GommerciaUMultifami Com ostables 1 96- allon cart weekl collection 45.00 $ 8.90 $ $ 8.90 1 64- allon ca weekl collection $ 8.40 $ $ 8.40 1 35- allon cartweeld collection $ 7.80 $ $ 7.90 11-CubicYardContainer weekl 108.45 $ 64.12 $ $ 64.12 1 2-Cubic Yard Container, weekl 216.90 $ 83.89 $ $ 83.89 1 extra cubic ard 108.45 $ 20.74 $ $ 20.74 1 rd Com ostables extra serviae $ 20.91 $ $ 20.91 2 ard Com ostables extra service $ 41.82 $ - $ 41.82 4 City of Auburn Attachments January 2011 ' ' Affachment B: Contractor Rates City -of' Aub.um-, . d;00-M ~ : ALj Dairy Monthry Container Container Charge Service Class ReMal Rental per.Haul Ocop-Aox Copeeffon * ~ ~t"at~c~rii 1 20 C.u. Yd. Container $ 41.44 5 89:09 1 30 Cu. Yd. Container $ 53.29 $ 89.09 1 40 Cu. Yd. Gorttainer $ `65.13 $ 89:09 tom. acte.d Servl"ce ~ 1 8-ZS Cu. Yd. Coniainer $ 108.12 1 30 Gu. Yd. Coritainer $ 108.12 140 Cu. Yd. Gontainer $ 108.12 DOo . °ox , em oo . 1 20 Cu. Yd. Container $ 205 $ 62.15 $ 106.92 1 30 Cu. Yd. Container $ 2.64 $ 79.95 $ 106.92 ' 1 40 Cu. Yd. Container $ 2.94 $ 88.83 $ 106.92 "Applicable disposal fees will be assessed atiS°/, morethan the gate cate at the appropriate disposal site. i"otal ServiCe Service Class Fee Per mile char e forhaulsover 15 miles $ 2.34 Return Trip - Dro-box $ 29.67 Sofid Dro -boac Lid Cha e er month $ 11.87 Pressure Washin er yard) $ 2.34 S'tand,B Time (per minute $ 2.34 Olf' RBt@5 Rear/Side Load Packer & Driver $ 109.30 FroM Load Packer& Driver $ 109.30 Dro Box Truck& Oriver $ 109.30 Additional Labor(per person) $ 59.38 , 5 City of Auburn Attachments January 2011 - Attachment C . itate:Modification Examples The collection. and disposal components of tlie Customer cliarges listed in Attachment B shall be adjusted separately. The collection component: of Gustomer charges will be adjusted annually, pursuant to Section 3.2.1; as described below. The disposal component of the Customer charges listed in Attachment: B will be adjusted only if the City=receives.notification from the County of a, pending disposal fee adjustment, and shall not become effective until the new disposal charges ; become effective :and are actually charged to -the Contractor:` Formulas for both collection and disposal rate adjustrnents are provided as follows: Collection Component Adjustment The collection component listed in Attachment B will be increased or decreased by the _ amount of the CPI change:' NCC = PCC x 1+ nCPI - oCPl .;.oCPI • Where NCC = The new collection charge component of the customer rate for a particular service level; and PCC = The previous collection charge component of the Customer rate for a particular service level; and nCPI = The most recent August CPI value; and , oCPI = The CPI value used for the previous rate adjustment or, in the case of the first contxact adjustment, the CPI value reported at the end of August 2011: _ Disposal Component Adjustment In the case of a disposal fee modification at County disposal facilities, the disposal component of each service level will be adjusted as follows: . Step 1: A = ODC x NTF OTF Step 2: NDC=A+[(A-ODC)xCETR] 6 Cityof Auburn . " Attachmerits January 2011 - Where NDC = The new disposal charge comPonent of the customer rate . . for a particular service level; and NTF = The new disposal fee; dollars per.ton; and' ' ODC = The old disposal charge component of the customer ra.te for a particular service level;" OTF = The old disposal_ fee, dollars per. ton; and . , A = Pre-excise tax adjusted disposal component; and CETR = Current excise tax rate (the current State excise tax ra.te; 0.015 used for this example): For example, using the initial one 35-gallon ca.rtrate of $11.97 per month; if the previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will increa"se from $95 to $105 per ton starting on January 1, 2013, the old disposal component is $4:12, and the State Excise Tax rate is 0.018, the January 1, 2013 Customer . ' charge for one 35-gallon cart per week Residential Curbside service would be: _ (144.3-143.2) New Collection Componerit =.$7.85 x [1+ $7:93 (143.2) New Disposal Component =[$4.12 x(105/95)] plus excise tax adjustment of $0.02 = $4.59 ' Thus, the new Customer charge for one 35-gallon cart_per week Residential Curbside service will be $7.93 plus $4.59, equaling $12.52. , . 7 City of Auburn Attachments : Januay 2011 on 0 o®LEXON O ®INSURANCE on DT: November 13, 2014 TO: Marc Davis Waste Management of Washington, Inc. 1240 W. Main Auburn, WA 98001 FR: Jackie C. Koestel Bond Assistant— 502- 238 -1246 10002 Shelbyville Road, Suite 100 Louisville, KY 40223 CITY OF AUBURN CjT{ CI FRKS OFFICE FEB 25 2015 emorandum Via Regular Mail RE: Solid waste recycling and yard waste collection — Bond 1003620 Enclosed is the above referenced Continuation Certificate for the current renewal. Please keep a copy for your file and forward the original to the Obligee /Beneficiary. .w If you have any questions or need further assistance, please contact Diana Seng, Director of Treasury and Financial Assurance at (713)265 -1322 or DSeng @wm.com. Enclosure ,r � r CONTINUATION CERTIFICATE The Lexon Insurance Company, 10002 Shelbyville Road, Suite 100, Louisville, KY 40223, as Surety upon Bond Number: 1003620 dated effective Thursday, January 01, 2004 on behalf of Waste Management of Washington, Inc., 1240 W. Main, Auburn, WA 98001 and in favor of City of Auburn, WA, 25 West Main St., Auburn, WA 98001 does hearby continue said bond in force for the further period beginning on Thursday, January 0 1, 2015 and ending on Thursday, December 31, 2015 Amount of bond: FIVE HUNDRED THOUSAND AND 00 /100 Dollars ($500,000.00) Description of bond: Solid waste recycling and yard waste collection Provided: That this continuation certificate does not create a new obligation and is executed upon the express condition and provision that the Surety's liability under said bond and this and all Continuation Certificates issued in condition therewith shall not be cumulative and the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of alt defaults committed during the period (regardless of the number of years) said bond had been and shall be in force. shall not in any event exceed the amount of said bond as hereinbefore set forth. Signed, sealed and dated on Thursday, November 13, 2014 Lexon Insurance Company Surety ) 1 By: l; ackie C. Koestel, Attorney -in -Fact POWER OF ATTORNEY Lx- 225836 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office Louisville, Kentucky, does hereby constitute and appoint: Brook T. Smith Raymond M. Hundlev Jason D. Cromwell James H Martin, Barbi nnie J. Wortham, Jessica Nowlin Rachel Pankh its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON I COMPANY on the 1" day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or of son or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or of ngs obligatory in nature of a bond not to exceed $ 4,000,000.00, Four Million dollars, which the Company might execute through its c :led officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding ul Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, ointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power anc such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executec sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid anc ing on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its to be affixed this 21" day of September, 2009. SEAL ACKNOWLEDGEMENT LEXON INSURANCE COMPANY BY Daviddpbell_ President On this 21s' day of September, 2009, before me, personally came David E. Campbell to me known, who be duly sworn, did depose i that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that :uted said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation. AMY L. TAYLOR Notary Public- Stale of Tennessee Davidson County �c my Commission Excites 01 -09 -16 CERTIFICATE BY, Am r. Taylor Notary Public the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY I Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and as set forth are now in force. and Seal at Mount Juliet, Tennessee this Day of G�`�'1'rL,G�, 20 /L1 *SEALQ 'a er BY L/ Andrew Smith Assistant Secretary Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of clai any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits insurance act, which is a crime and subjects such person to criminal and civil penalties."