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City Council Meeting - Council - Agenda - 01/02/2001
City of Kent City Council Meeting Agenda KENT W A S H I N G T O N Mayor Jim White Councilmembers Leona Orr, President Sandy Amodt Connie Epperly Tom Brotherton Judy Woods Tim Clark Rico Yingling January 2, 2001 Office of the City Clerk SUMMARY AGENDA KENT CITY COUNCIL MEETING • January 2, 2001 KEN T Council Chambers WA5MINOTON 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President Sandy Amodt Tom Brotherton T ' Clar Connie Epperly Judy Woods Ri Yingl ' ng 1 . CALL TO ORDER/FLAG SALUTE 2 . ROLL CALL g` , 3 . CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF E� �v B. FROM THE PUBLIC !1� PAC P)Af J 4 . PUBLIC COMMUNICATIONS i���4'1 �� �wb _ U&^` !ri"(fv A. mployee of the Month Jr e(C. G lire bee Tcddy Bea/ Vrogr Iftit t. f(Alt - S 1 40 GAP 5 . PUBLIC HEARINGS MM w*D�° GG A. LID 354 , Washingtofi=,Dge~HAOV lanes an er Street Widening Improvement 6 . CONSENT CALENDAR A. Minutes - Approval B. Bills - Approval C . Alley Vacation Between 1st and 2nd, Smith and Temperance - es lution Setting Hearing Date D. Sewer Latecomer Agreement - Authorize E. Washington State Department of Transportation Grant Agreement , 277th St . Reconstruction, West Valley to Auburn Way No . - Authorize F. West Hill Signal Traffic Interconnect Project Funding G WTrPaPnssfer - Authorize 7 . OTHER BUSINESS A. Solid Waste, Recycling Materials and Yard Waste Ordinance and Contracts - First Reading 1 . Amendment to Chapter 7 . 03 KCC "Solid Waste" - ordinance 2 . Franchise for Solid Waste, Recycle Materials and 1 �3 Waste Collection, Disposal and Processing - [j, TN�c�e��dr Ordinance and Contracts 8 . BIDS C, At-t L"4T-r^cf A. West Hill Signal Traffic Interconnect Project 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS 6r 12 ' EXECUTIVE SESSION 0 A. Pending Litigation 13 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at(253)856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH toKent City Council Meeting Date January 2 , 2001 Category Public Hearings 1 . SUBJECT: LID 354 , WASHINGTON AVENUE HOV LANES AND MEEKER STREET WIDENING IMPROVEMENT 2 . SUMMARY STATEMENT: This date has been set for the public hearing on the formation of LID 354 , as recommended by the City Council . 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Council 12/11/00 (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. �� B. Councilmember l�� //�� moves, Councilmember "'A seconds to authorize the formation of LID 354 for the Washington Avenue HOV Lanes and Meeker Street Widening Improvement Project and direct the City Attorney to prepare the necessary ordinance. DISCUSSION: Ye ACTION: Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS MEMORANDUM December 4, 2000 TO: Mayor and City Council FROM: Don Wickstrom A) RE: LID 354 Washington Avenue HOV Lanes and Meeker Street Widening Improvements (Hawley Road to James Street and 64th Avenue to Washington Avenue) January 2, 2001 has been set for the formation hearing for the above referenced LID project. The City is proposing the formation of the Local Improvement District (LID)to partially fund the project. The project is listed in the City's Six-Year Transportation Improvement Program. During the last several years the City has budgeted funds for the proposed project and has obtained grant funding. Also during the last 20 years a number of LID no protest covenants have been executed by developers in the project area for roadway improvements along these routes. A LID is necessary to complete the project funding, satisfy the covenants of record and to address special benefits from the improvements to the local properties within the project area. An information packet was mailed to all effected property owners and a property owner meeting was held on November 15. Due to the amount of money currently available to reduce property owner costs and the requirement to proceed with the construction or lose the grant funds, it appears to be a logical time to proceed with the LID. The Cite is now ready to form the LID. BACKGROUND Washington Avenue and Meeker Street are principal arterials serving as major north/south and easvwest routes connecting the Kent Valley to SR-5 16, SR-16- and Interstate 5. Washington Avenue operates at a deficient level of service during most of the day. This is largely due to heavy traffic conditions (including trucks) and high volumes of vehicles turning into and out of drivewav accesses to adjoining commercial properties. In addition to traffic deficiencies, this section of Washington Avenue is lacking a continuous system of pedestrian sidvxalks. In many locations the existing sidewalks are narrow and sub-standard. In several locations pedestrians are required to walk along roadway shoulders or through planter strips or parking lots. The existing street lighting system is also sub-standard and in need of upgrades to provide increased levels of safety for vehicles and pedestrians. The level of development along Meeker Street between Washington Avenue and 64th Avenue South has increased to a point %where the existing road%yay facilities are no longer capable of providing an adequate level of service to handle the volume and t}pes of traffic currently encountered and expected in the future. The construction of Kent Elementary School located south of`Meeker Street along 64th Avenue South has increased safety concerns regarding pedestnan movement along Meeker Street. In order to improve the traffic flow conditions and reduce the levels of congestion in this area while improving the overall operation of the City's transportation system, the reconstruction and widening of these portions of the roadways is proposed. These projects have been identified in the City of Kent's 2001- 2006 Six-Year Transportation Improvement Program (TIP). Partial funding for these projects is provided by the Transportation Improvement Board and City of Kent funds. In addition to improving the local transportation system, the Washington Avenue HOV Lanes Project will improve the overall operations of the West Valley Highway by encouraging the utilization of mass transit and non-motorized vehicles as a means of commuting while reducing the number of single-occupancy vehicles in the area. Existing traffic volumes along Meeker Street mandate a five-lane section to accommodate existing and future traffic volumes associated with additional development. Sidewalk upgrade to 10 foot width is required to provide a school pedestrian walking route in conjunction with a shared bicycle facility. This project will provide substantial improvement to the overall operation of Washington Avenue and Meeker Street by encouraging the utilization of mass transit, carpools and non-motorized vehicles as a means of commuting. This will result in reduced levels of congestion on these roadways and provide additional north/south and east/west capacity in this part of Kent. In addition to the above-mentioned improvements to the overall traffic operations, the local properties also receive benefits. Widening of the roadway provides safer and easier access to the businesses located along the property and the installation of concrete sidewalks, curbs and gutters provides safer and more convenient access for pedestrians and will increase the values of the properties. In addition, the drainage improvements and new storm water pump station to the Green River will eliminate flooding in the project area, which is now occurring. The Public Works Department held an informal meeting with the affected property owners on November 15, 2000. The Resolution of Intent was approved by City Council on December 12, 2000 which set the public hearing for January 2, 2001. Construction is expected to occur during spring and summer of 2001. PROPERTY OWNER MEETING An information packet describing the proiect and LID was sent to all of the affected property owners. The information mailed included a listing of the preliminan assessments for each parcel. This mailing also included notification of on informal proper.:. owner meeting to discuss the project and the LID formation and to answer questions. The meeting was held on November 15 with approximately 25 people in attendance. The owners agreed with the need and supported the project. Also, nobody objected to the LID formation. Questions asked centered around details of the widening and right-of-way acquisition and the effect on the owner's specific property. PROPOSED IMPROVEMENTS The proposed project will improve Washington Avenue between Hawley Road (S. 251st St.) and James Street and will improve Meeker Street between �4ashington Avenue and 64th Avenue South (see attached map). The project includes the following improvements on Washington Avenue: 1. High Occupancy Vehicle lane northbound between Willis and Meeker Street 2. High Occupancy Vehicle lane southbound between Smith and Willis Street 3. Concrete curbs, gutter and sidewalks 4. Installation of street trees 5. Upgrade existing signals at Willis Street (SR-516) and Meeker Street 6. Right turn only lane northbound at Willis Street 7. New storm pump station and bioswale near Green River bridge 8. Upgrades to the existing illumination system The following improvements will be included on Meeker Street: 1. Widen roadway to provide new general purpose travel lane eastbound and westbound (5 lanes total) 2. Concrete curbs, gutter and 10 foot sidewalks 3. Upgrade and relocate existing signal at 64th Avenue South 4. Exclusive right-turn only lane from southbound 64th Avenue to westbound Meeker Street 5. Upgrades to the existing illumination system 6. Landscaping PROJECT FUNDING It is proposed that the project be funded 10.79% by the Local Improvement District Number 354. The current cost estimate is as follows: Total Project Cost: S3.994,388 Funding: Grant funding (TIB) S1,758,400 City funds S 1,746,000 (S300,00 proposed in 2001 budget) Misc. other funding S58,862 LID funds S431,126 Total S3,994,388 LID share of project cost S-131,126 LID financing and misc. costs S-39,274 LID Total S480,400 See the attached assessment listing for the assessment amount for each property in the LID. METHOD OF ASSESSMENT The total LID assessment of S480,400 is distributed over the properties within the LID boundary based on the followine method. Several factors are used in arriving at each parcel's proportionate share of the total assessment. First, the assessment is distributed based on front footage or the property dimension parallel with the roadway. Also, he a weighting factor is used to proportion t assessments for various levels of improvements needed throughout the project area to meet City roadway standards adjacent to each property. Three cost levels of improvements were identified within the project limits. The cost ratios between the various levels of improvements were calculated to give weighting factors. The front footage is multiplied by the weighting factor to give weighted front footage for each parcel. The assessment is distributed proportionately over the weighted front footage. The three levels of improvement are: 1. Concrete sidewalk installation. This level applies where there is an existing curb and gutter but no sidewalk or a dirt or asphalt sidewalk. Applies only on Washington Avenue. The weighting factor is 1.00. ?. Concrete sidewalk and curb and cutter installation. This level applies to locations where these improvements don't currently exist on Washington Avenue. The weighting factor is 1.73. 3. Widening of the road for additional lane or, each side. This level applies to Meeker Street, as the purpose of the project is to widen Meeker :-.m'. 3 lanes to a City standard 5 lanes. The weighting factor is 5.40. Please note that the additional lane on Washington Avenue is not required to meet City standards and is for HOV purposes and therefore is not considered in the LID assessment distribution. Properties not covered by one of these assessment levels (improvements already exist) are not included in the LID and are not assessed. One parcel pre%tously paid a mitigation fee upon development rather than deferring payment with a LID covenant. and the-1-fore is not included in the LID. Also, the City does not have the authority to assess the federal govemmen,:. therefore the post office property on Meeker Street is not assessed. FORMATION OF THE LID To defeat a LID proposal, there must be protes: from property owners representing 60 percent or more of the proposed LID assessments. The bV percen: protest amount is S288,240. Should the protests received tally less than this amount, it will then b. a Court::: decision whether or not to proceed with the fot-matia:,. ordinance for LID 354. The Cir,,has determined that owners %%ith a combined 69 "o of the total LID assessments are at this time obligated to participate in this street improvement LTD via executed no-protest covenants. The final decision of whether or not to form the L[D how.c%er will be made by the City Council. Properties that have executed no protest covenants are assessment numbers 3. 4. 5, 8, 9, 14, 15, 16, 18, 19, 20, 21, 22, 24, 25, 26, 29 and 32. See the attached covenant sumrnar-. PAYINIENT OF ASSESSMENT Upon Council passing the ordinance contimun_ th. final assessment roll, there is a 30-day period in which ^ any portion or all of the assessment can be paid «ithout interest charges. After the 30-day period, the balance is paid over a ten-year period % herein each year's payment is one-tenth of the principal plus interest on the unpaid balance. The interest will be what the market dictates at the time of the bond sale. EASEMENT AND RIGHT-OF-WAY ACQUISITION The construction of the project will require property acquisition in some locations to provide the right-of- way and easements for the road widening. Each property involved will be appraised followed by negotiation between the City and owner. Final settlement can be a direct payment or can be a credit toward the assessment thereby reducing the amount of the yearly payments. In some cases we anticipate the right- of-way payment will exceed the LID assessment, in which case the owner could receive both an assessment credit and payment for the balance. PROP. LID - WASHINGTON AVE HOV LANES AND MEEKER STREET WIDENING Hawley Road to James Street and 64th Ave. to Washington Ave. COVENANT SUMMARY L.I.D. TAX COVENANT DEVELOPMENT ASSESSMENT PARCEL RECORDING NO. NO. NUMBER 3 543620 0461 9409091452 Exhibition Automotive 4 543620 0465 8109090344 Mr. Frank's Beauty Solon 5 543620-0460 9507031083 Poppa's Pub 8106230448 The Office Restaurant/Tavern 8 543620 0400 8605290013 Rainer Properties Remodel 9 543620 0900 8806300409 Road Ready Motors 14 543620 0848 8404270617 K- Mart Center Short Plat 8404270626 K - Mart Center Short Plat 15 543620 0840 8404270617 K - Mart Center Short Plat 8404270626 K- Mart Center Short Plat 16 543620 0849 8404270617 K -Mart Center Short Plat 8404270626 K- Mart Center Short Plat 18 543620 0524 82081 10004 Meeker Mall Remodel (both Meeker St. & Washington Ave) 19 543620 0502 8203300037 Badger Short Plat 20 543620 0503 8203300037 Badger Short Plat 21 543620 0501 8203300037 Badger Short Plat 22 543620 0483 8903280209 Washington Ave Assoc. Rezone 9003'51387 Washington Ave Short Plat 9708' '0362 Washington Ave Self Storage 24 543620-0566 870507056- Hoagy's Corner Deli Store 25 & 26 543620-0565 9512 70850 Park Court Short Plat 543620-0570 29 543620-0702 9709'^'371 (ENIA) Burger King 543620-0721 32 543620-0660 9706091556 1 Kent Elementary School 27A Note: The development listiec is the one nai project or development action which resulted in the obligation to fund roadway improvements The pa-cels shown on this list executed LID no protest covenants for future roar ,morovements to meet the original development obligation. washavehd4.x1slm1kv file 70 1 proiect 97-3004L 1 10/27/00 PROP. L.I.D. - WASHINGTON AVE. AND MEEKER STREET IMPROVEMENTS Hawley Road to James Street and 64th Ave. to Washington Ave. PRELIMINARY ASSESSMENTS Assessment Front Weighting Weighted Total Number Taxpayer Footage Factor Footage Assessment WASHINGTON AVENUE 1 Norman & Rita Whiteley(residence) 63 1.73 108.99 2,537.27 2 Norman & Rita Whiteley(vacant lot) 150.73 1.73 260.76 6,070.51 3' Gerald & Patricia Daman (Exhibition Automotive) 85 1.73 147.05 3,423.30 4' Frank L. Ball (Mr. Franks Beauty Salon) 102.75 1.73 177.76 4,138.16 5` Roger Morse (Poppa's Pub) 132.75 1.73 229.66 5,346.39 6 MHCP (Paradise Mobile Home Park) 168.5 1.73 291.51 6,786.18 7 Clayton Still (Still Manor Mobile Home Park) 214.5 1.73 371.09 8,638.79 8' H-P Properties LLC (Washington Square) 133 1.00 133.00 3,096.22 9' Tufte LLC (Emerald Auto Sales) 120 1.00 120.00 2,793.58 10 Tufte LLC (All Color Printing) 60 1.00 60.00 1,396.79 11 Tufte LLC (Blinker's Tavern) 60 1.00 60.00 1,396.79 12 S. King Co. Drugs &Alcohol Recovery Center 206.32 1.73 356.93 8,309.35 13 Kent K-Mart Center(vacant lot) 31.26 1.00 31.26 727.73 14' Kent K-Mart Center(stores) 269.92 1.00 269.92 6,283.69 15' K-Mart Corporation (Big K Mart) 398.06 1.00 398.06 9,266.76 16' Q-tube 130.02 1.00 130.02 3,026.84 17 Principal Mutual Life Ins. (Meeker Square) 150 1.00 150.00 3,491.97 18` Principal Mutual Life Ins.(Meeker Square! 421.5 1.00 421.50 9,812.44 19' Reban Associates (Aqua Quip Pool & Soa 110.69 1.73 191.49 4,457.94 20' Systems Control Inc. (auto emissions testing) 220.42 1.73 381.33 8,877.21 21- Balk & Kyu Kim (Stop By Cafe) 109.73 1.73 189.83 41419.28 22' Plemmons Hutchens LLC (Safeguard Storage) 265.32 1.73 459.00 10,685.52 23 Albert & Maryellen Gavigilio (Kent Mobile Park) 161.7 1.73 279.74 6,512.32 MEEKER STREET 24' Robert and Diane Winokur(Seven Eieve- 160.43 5.40 866.32 20,167.82 25` Park Court Apartments LTD Part 208.47 5.40 1125.74 26,206.98 26' Green River Court Apartments LTD 313.53 5.40 1693.06 39,414.18 17 Principal Mutual Life Ins.(Me� Scua,e 150 5.40 810.00 18,856.65 18' Principal Mutual Life Ins.(Meeke• Scua,e 669.17 5.40 3613.52 84,122.04 27 Cheveron Services Co.(gas station) 160.42 5.40 866.27 20,166.56 28 Redley Enterprises Inc.(McDonalds j 216.89 5.40 1171.21 27,265.46 29' Cedar Enterprises LLC (Burger King 1 180.63 5.40 975.40 22,707.18 30 Dorothy Tamura (residence) 60 5.40 324.00 7,542.66 31 Kent School District No 415 (vacant lot) 82.51 5.40 445.55 10,372.42 32' Kent School District No 415 (school) 531.75 5.40 2871.45 66,846.84 33 Portland Distributing Co.(vacani lot) 121.2 5.40 654.48 15,236.18 TOTAL 6,620.17 20,635.8993 480,400.00 COVENANT SIGNED / TOTAL 335,092.36 COVENANT PERCENTAGE 69.75% Weighting Factors: sidewalk only (portions of Wasnington Ave 1.00 sidewalk and curb and gutter (portions o` Wash. Ave ) 1.73 widen road for additional lane (Meeke, Sl only) 5.40 NOTE: Properties not covered by one of these three assessment catagories (improvements already exist) are not included in the LID and are not assessed. WASH.N!EEKERLID.XLS FILE 70 PROJECT 97-3004Lr98-3008 1 10/27/00 ---------------------------------_-_-------_-- _ I _ ——— T1 R I t(D IF NAWELETT C14VRMET10 MD* I ^ 77�A /:.%AFEERT EMD(f0'n10 %� Y IEDCLR•yp6E wr0 IMSESSWRr rwruBER i' �: ;I I I O uD RARQL -_r--T L I NA I I NA NIT.ss[$s[D n PND wnDATq FEE PLEI LID COWKIINT NUTNPLEL- I Tk (sEE ENCLOSED Cw t I I 6Dwwm us FM DETAILS. I'am,K I i/r '°BEXCEv,LDo.srs .:/• SOS i'a3T— iKIM1 I i I �T* �' I�/MxT I f�/��j rraLiioR�r,Snli. NA '��lEEGRf 1 'iKUSRL 1 O ! S3 1 R ' rr*Ks I L----------------------------------------- L-----11 �-- ---�� --- W.SMITH ET. ^ W. ET. --- WEI ! O j///�r I -11 EIIA.YCi,)URiL I J I �POBEPT I I i _ ND UE �.C.UR UTYP[XC / I .R `u cf—Tr. --- >i --- Rimvrs LroExr ."aiiR,Miu i !�/ i n /i I -�Cdlll[RVTL LiD � j .. I W.MEEKER ET. w M![I(ER ET' --- Fi r----- •�) -�-: *�)(• E 1414ECKER rW I BEREhtaOTA 'RCNY Sflg0.pSAKT.RD. R I I a i BFNw+DTA ...- ONLT) I I ""N'w C RDSR IfCMI ! sc-Io .• lw t CENIEK I I � I L-RTV' Y+00.O$TACt NO (IS I I I I�I I I S Ia il------' �2n E Ot QRTCR •'.� �3 NA 1 vNcsroN uNdNc °r In NA u I ITEDCRA�Dp.RRNwN�7 a 1 i !I Rx NI .-MCI CxNTCR I J Q3'. �_wR' CC'iiER �] � I 3 WILLS ET. ER>IE x NA SOUTH k"CDUNT" NO•CEss DRi AND)CWOL RELOW";CCMER5 /\ E.2SIST ET. MEEKER STREET WIDENING AND WASHINGTON AVENUE HOV LANES fNT LID MAP CONSENT CALENDAR 6 . City Council Action:W/� _ _] Councilmember vy moves, Councilmember Wk seconds that Consent Calendar Items A through F be approved. Discussion Action rnG 6A. Approval of Minutes . Approval of the minutes of the special meeting of December 5, 2000, and of the regular Council meeting of December 12 , 2000 . 6B. Approval of Bills . Nothing for approval , as the Operations Committee was cancelled. Council Agenda Item No. 6 A-B Kent, Washington December 5 , 2000 A special meeting of the Kent City Council was called to order at 5 :35 p.m. by Mayor Pro Tem Orr. Present : Councilmembers Brotherton, Clark, Epperly, Orr, Woods and Yingling, Chief Administrative Officer McFall , City Attorney Lubovich, Fire Chief Angelo, Deputy Police Chief Miller, Public works Director Wickstrom, Parks, Recreation and Community Services Director Hodgson, Employee Services Director Viseth, and Finance Director Miller. Approximately 20 people were at the meeting. Filing a Petition for Injunctive Relief Regardinc Initiative 722 , McFall explained that I-722 limits the increase in assessed values of property, limits an increase on property tax collections, and deals with the validity of taxes and fees established by cities . He noted that a number of cities and counties have filed suit in Thurston County Superior Court seeking both injunctive relief and ultimately challenging the constitutionality of Initiative 722 , and that those cities and counties were recently granted injunctive relief from the imposition of the requirements of I-722 . McFall said that the City of Kent has been seeking guidance, but that no one knows exactly what the implications of the injunction might be . He recommended authorizing the Mayor and City Attorney to proceed to join in the petition for injunctive relief, on the basis that at least the city would know where it stands with respect to the implementation of I-722 while awaiting the ultimate court decision . Yingling said it is very difficult to begin implementing a law, knowing that it may be shown to be unconstitutional in the future . He was in favor of going forward with the injunctive relief until the court ' s decision is made . Brotherton agreed. YING:,ING MOVED to authorize the Mayor or his designee, upon additional review by staff, to join and intervene , if deemed in the City' s best interest, in the pending Thurston County action and filing a petition for an injunction against implementation and enforcement of I -722 . woods seconded . McFall noted for Clark that some of the fees which were passed and are potentially subject to refund include water Special Council Meeting December 5, 2000 Page Three YINGLING MOVED to adopt Ordinance No. 3533 readopting, reenacting, ratifying and confirming in all respects, the taxes established in Ordinance Nos . 3489, 3493 and 3494, effective as of the effective date of the taxes as set forth in their respective ordinances, as if in full force and effect from the date of original enactment, including any subsequent amendments . Brotherton seconded. McFall clarified for Clark that the City had adopted a multi-year adjustment to the storm drainage fees and that this is the second year. Clark opined that the City can' t just walk away from a project it is working on with other governmental agencies . Epperly noted that she had voted against some of the fees originally, including water rates, and therefore she would not support the motion. The motion to adopt Ordinance No. 3533 then carried with Epperly opposed. The City Attorney distributed copies of a schedule of the rates and fees which were adopted as part of the budget process last year, and requested that it be attached as Exhibit C . YINGLING MOVED to adopt Ordinance No. 3534 readopting, reenacting, ratifying and confirming in all respects , the rates and fees established in Ordinance Nos . 3471 , 3486 , 3487, 3488 , 3490 , 3491 , and 3499, effective as of the effective date of the rates and fees as set forth in their respective ordinances , as if in full force and effect from the date of original enactment , including any subsequent amendments . Clark seconded and MOVED to amend the motion by adding the proposed program fees and rate changes from the 2000 preliminary budget as Exhibit C. Yingling agreed to the friendly amendment . Clark said he understood Epperly' s resistance regarding water rates but that this was a one-time opportunity to join Tacoma in their intertie project . The motion tc adopt Ordinance No. 3534 as amended then carried with Epperly opposed. Orr noted that Councilmember Woods has left the meeting, and said that Woods had asked to be recorded as a yes vote . Adjournment. CLARK MOVED to adjourn at 6 : 05 p.m. Epperly seconded and the motion carried. GLGe--L-civ Brenda Jacobed CMC City Clerk Kent, Washington December 12 , 2000 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White . Councilmembers present : Amodt, Brotherton, Clark, Epperly, Orr, Woods and Yingling. Others present : Chief Administrative Officer McFall, City Attorney Lubovich, Fire Chief Angelo, Deputy Police Chief Miller, Public Works Director Wickstrom, Planning Manager Satterstrom, Finance Director Miller, and Parks , Recreation and Community Services Director Hodgson. Approximately 50 people were at the meeting. CHANGES TO THE AGENDA The City Attorney requested that pending and potential litigation be added to the executive session. There was no objection. Continued Communications Item 11A was added at the request of Martin Plys . Charlie Kiefer noted that his family has lived on East Hill for fifteen years and that they will soon be moving out of the area . He presented the mayor with a humorous sign in commemoration of the 277th corridor. Joe Rubio mentioned that he would like to speak on Consent Calendar Item EH . PUBLIC COMMUNICATIONS Employee of the Month. Mayor White announced that Lynne Jacobs, Lead Court Clerk at the Kent Municipal Court and Acting Court Administrator, has been chosen as Employee of the Month for December. He noted that Ms . Jacobs has played the role of administrator and lead clerk for the last several months , and has done an exemplary job. He added that her staff says "Lynne rocks ! " . National Night Out Award. Judy Mauhl , Community Services Specialist in the Police Department, explained the Block Watch Program and the National Night Out Program. She showed a four-minute video of National Night Out activities which took place in various areas of Kent , and anncunced that the City of Kent has received a national award for its program. She invited — anyone who is interested in being in a block watch program to contact her at the Kent Police Department . 1 Kent City Council Minutes December 12 , 2000 PUBLIC COMMUNICATIONS Introduction of Appointees. Mayor White announced his and Council President Orr' s appointments to various Boards and Commissions and introduced those in attendance. CONSENT CALENDAR ORR MOVED that Consent Calendar Items A through AA be approved, with the exception of Item H which was removed by Councilmember Amodt . Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the regular council meeting of November 21 , 2000 . SEWER (OTHER BUSINESS - ITEM 7C) Metro Sewer Rate Increase . King County (Metro) has increased its rate for sewage treatment from $19 . 50 to $19 . 75 per month per residential equivalent (750 cubic feet of sewage) . As i:. the past, staff recommends pass- ing the increase along to the customers, including the associated utility tax, tc be effective January 1, 2001 . The Public Works Committee recommended adoption of an ordinance establis^inc the sewer service rate increase . Public Works Director Wickstrom noted that the total financial impact on the sewer utility' s operating costs is about $120 , 000 a year. He said absorbing the increase would eat into the emergency backup fund for sewer emergency operations . He noted for Clark that the City has a 30-year contract for Metro to provide sewerage treatment and that the City provides collection services . CLARK MOVED to adopt Ordinance No . 3538 establishing the sewer rate increase to be effective January 1 , 2001 . woods seconded and the motion carried with Amodt opposed. STREETS (CONSENT CALENDAR - ITEM 6C) — LID 354, Washington Avenue HOV Lanes And Meeker Street Widening Improvement. PASSAGE of Resolution No. 1579 for the creation of LID 354 (Washington Avenue HOV Lanes 2 Kent City Council Minutes December 12, 2000 STREETS and Meeker Street Widening Improvement) and setting January 2, 2001 as the public hearing date on LID formation, as recommended by the Public Works Committee. STREET VACATION (PUBLIC HEARINGS - ITEM 5A) '71st Avenue South Street Vacation STV-2000-1. Resolution No. 1578 established this date for the public hearing to vacate portions of S . 181st Street and 71st Avenue South, lying generally southeast of the inter- section of West Valley Highway and S . 180th Street . Planning Manager Satterstrom pointed out the location and explained conditions relating to compensation for the value of right-of-way, retaining and granting utility easements , and the use of monies received for compensation. He recommended approval of the applica- tion. Mayor White opened the public hearing. Greg Amann, representing Stonebrook, agreed with the conditions and recommendation of staff . There were no further comments and ORR MOVED to close the public hearing. Woods seconded and the motion carried. BROTHERTON MOVED to approve the Planning Manager ' s recommendation of approval with conditions of the application to vacate portions of S . 181st and 71st Avenue South, as referenced in Resolution No. 1578 , and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval . Woods seconded and the motion carried. (CONSENT CALENDAR - ITEM 6D) 155th Avenue S .E. Street Vacation STV-2000-2 . PASSAGE of Resolution No . 1580 setting January 16 , 2000, as the date for a public hearing on the 155th Avenue Street Vacation. A petition for this street vacation was filed on October 31 , 2000 . (CONSENT CALENDAR - ITEM 6F) South 180th Street Underpass Interlocal Aareement. AUTHORIZATION for the Mayor to sign the Kent/Tukwila Interlocal Agreement for the improvements to South 180th 3 Kent City Council Minutes December 12 , 2000 STREET VACATION Street, as recommended by the Public Works Committee and upon concurrence of the language therein by the City Attorney and the Public Works Director. PUBLIC WORKS (CONSENT CALENDAR - _TEM 6E) 'Green/Duwamish And Lake Washington/Cedar River Interlocal Agreements . AUTHORIZATION for the Mayor to sign the Green/Duwam;sh and Lake Washington/Cedar River Interlocal Agreements upon concurrence with the language therein by the City Attorney and the Public works Director. These agreements will provide the management structure and Fund:::_ mechanism to successfully complete the development of the Salmon Conservation Plans, as recommended by the Public Works Committee . PLAT (CONSENT CALENDAR - _TEM 6P) Pacific Gateway BSI Park Final Plat FSU-99-1. APPROVAL of the staff ' s recc--endation of approval with condi- tions of the Paclf_t 3ateway GSI Park Final Subdivision and authorization f:r ---e Mayor to sign the final plat mylar. This f:na'_ application was submitted by Boeing Realty 2crp_ra-_ _:n fzr the Pacific Gateway GSI Park Final Sund_•:_s_ _n . T-e Hearing Examiner issued the Findings wit : c....__t _tns on the preliminary plat on December 30 , 199: . URBAN SEPARATORS (OTHER BUSINESS - :-E_ : 7A) Urban Separator Framework Policy Amendment CPA-2000-1. The Land Use and :.a: lac Board recommended approval of text and map amendments t.. the Comprehensive Plan and text amendments tt :-e Z_-n:nc: and Subdivision Codes to recognize Urban Separators . -King County' s Countywide Planning Pore•: tio . defines urban separators as low-density areas cr areas of little development within the Urban Growt- Area . Charlene Anderson, Senor Planner, explained the history of the prc,ect and recommended, because of the complexity of the issue , that it be sent to the Planning Committee for further discussion. 4 Kent City Council Minutes December 12 , 2000 URBAN SEPARATORS BROTHERTON MOVED to forward the Land Use and Planning Board' s recommendation to the City Council Planning Committee for review and recommendation to the full City Council . Yingling seconded. Joe Miles, Friends of Scos Creek Park, spoke in support of the recommendation and noted that the lack of a consistent zoning of one home per acre in the urban separator still needs work. Brotherton noted that this issue will be discussed at the next committee meeting, which will be held at 4 : 00 p.m. on January 8th. His motion then carried. TELECOMMUNICATIONS (CONSENT CALENDAR - ITEM 6G) Telecommunications Services Agreement. AUTHORIZATION for the Mayor to finalize and sign a multi-year agreement for comm;:n:cations services with Focal Communications Corporation, subject to the approval of the Director of :-formation Technology and the City Attorney or their designee , as recommended by the Operations Committee o- November 21 , 2000 . CABLE (CONSENT CALENDA:. - EM 6M Public Access Studio. AUTHORIZATION for the Mayor to finalize and exec•.a e an agreement with AT&T to complete the portion of c,:r Cable Franchise requiring AT&T to "provide, maintain and operate a public access studio" and to authorize a reasonable extension of that franchise cb::gat::,:: in order to complete all the steps required c. t:^.e aareement . LAW (CONSENT CALENDAR - :TEM 6Xi Public Defense Services Agreement. AUTHORIZATION to finalize and enter :.._c an agreement with Stewart Beall & MacNichols for ? dl_c Defense Services . The law firm currently contracts with the City to provide legal services to indigent defendants in the City of Kent and the Agreement expires on December 31 , 2000 . 5 Kent City Council Minutes December 12 , 2000 _ LAW Stewart Beall & MacNichols has provided services to the City for 6 years and during the last 4 years has been paid $198 , 000 . 00 per year for its services . The pro- posed contract, for a two-year term commencing on January 1 , 2001 and expiring on December 31, 2002 , would increase the annual fee to $264, 000 . 00 per year, which amounts to approximately $100 per case for public defense services . POLICE (CONSENT CALENDAR - ITEM 6V) Drinking Driver Task Force Reappointments. CONFIRMATION of the Mayor ' s reappointment of Mr. Mike Buckingham to continue serving as a member of the Drinking Driver Task Force . Mr. Buckingham' s new appointment will continue until 1/1/2004 . PARKS, RECREATION AND COMMUN::i SERVICES (CONSENT CALENDAR - :'"EM 6R) Rotary Club Basketball Court Proiect. ACCEPT the Rotary Club Basketbal: Court Project as complete and release retainage tc Mer-Con. Inc . upon receipt of state compliance affldav:�is , as recommended by the Parks, Recreation anal Cor^.ur.,t} Services Director. On August 22 , 200C , sta" inspected and accepted the Rotary Club Basketball " _ t Prc]ec- from Mer-Con Inc . (CONSENT CALENDAR - -_T_EM 6S) Garrison Creek Park Court Re-Surfacing Proiect. ACCEPT the Garrison Creek Park Court Re-surfacing Project as complete, as recommended by the Parks, Recreation and Community Services :rector . On July 26 , 2000 , staff inspected and accepted the Garrison Creek Court Re- Surfacing prcnec: from Mid-Pac Construction. (CONSENT CALENDAR - - EM 6': Chestnut Ridge Demolition Of Structures. ACCEPT the house demolition f-rcm. ; . Harper Construction, the barn demolition from.':rc: ,a Ashmore and the cabin demoli- tion from Duchess Construction as complete, as recommended by the Parks , Recreation and Community Services Director . The house, barn and cabin demolitions at 204C3 100th Avenue SE were inspected and approved by staff in June 2000 . 6 Kent City Council Minutes December 12 , 2000 PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6U) Clark Lake Park House. AUTHORIZATION to surplus and demolish the house located at 24420 SE 120th Street, at Clark Lake Park, as recommended by the Parks, Recreation, and Community Services Director. The Kent City Council recently approved the acquisition of 78 acres at Clark Lake on the East Hill of Kent for a community park. The house located on the property was inspected by staff and professionals . It was found to be in very poor condition and uninhabitable . Staff reviewed all options and decided it would be in the best interest of the City to surplus and demolish the house . (CONSENT CALENDAR - ITEM 6Q) City of Auburn Home Repair Services Interlocal Agreement. AUTHORIZATION to execute the Interlocal Agreement with the --;ty of Auburn to maintain their Home Repair program, as recommended by the Parks, Recreation and Community Services Director. The City of Auburn would reimburse Kent for all costs associated with the program includina an administrative fee EMPLOYEE SERVICES (CONSENT CALENDAF. - ITEM 6N Finance Department Accounting Technician Status Change. AUTHORIZATION tc change the status of a part-time position in the Finance Department from "Part-Time" to "Regular Part-Time" lat 60% of AF25 salary scale) , as recommended by t:^.e Operations Committee at their December 5 , 200C meeting . This change is requested in order to be ;.. ccmpliance with the AFSCME union contract . There is cost impact to the 2000 or 2001 budget . (CONSENT CALENDA= - ITEM 6-_: Intergovernmental Affairs Consultina Contract. APPROVAL of the Intergovernmental affairs consulting contract with Doug Levy fc t:^e period of January 1 , 2001 to December 31 , 200= for an amount not to exceed $45, 000 . 7 Kent City Council Minutes December 12 , 2000 APPOINTMENTS (CONSENT CALENDAR - ITEM 6L) Rent Human Services Commission Reavvointments. CONFIRMATION of the Mayor' s reappointment of Brad Bell and Perry Raak to continue serving as members of the Kent Human Services Commission. Their new appointments will continue until 1/1/2004 . (CONSENT CALENDAR - ITEM 6W) Land Use And Planning Board Reapvointments. CONFIRMATION of the Mayor' s reappointment of Jon Johnson and Terry Zimmerman to continue serving as members of the Kent Land Use and Planning Board. Their new appointments will continue until 12/31/2003 . (CONSENT CALENDAR - ITEM 6Y) Human Services Commission Appointment. CONFIRMATION of the Council President ' s appointment of Kent City Councilmember Tim Clark to serve as a member of the Kent Human Services Commission. He will replace Council- member Tom Brotherton whose term expired. Councilmember Clark' s new appointment will continue until 1/1/2002 . (CONSENT CALENDAR - -ITEM 6Z) Drinking Driver Task Force Appointment. CONFIRMATION of the Council President ' s appointment of Kent City Councilmember Tom Brctherton to serve as a member of the Kent Drinking Driver Task Force . He will replace Councilmember Judy woods, whose term expired. Brotherton' s new appointment will continue until 1/1/2004 . (CONSENT CALENDAR - ITEM 6AA) Regional Justice Center Citizens Advisory Committee. CONFIRMATION of the Mayor ' s reappointment of Marvin Eckfeldt to continue serving as a member of the Regional Justice Citizens Advisory Committee . His new appointment will continue until 12/31/2003 . TENANT IMPROVEMENTS (BIDS - ITEM BA) Permit Center and Planning Department Tenant Improvements . The bid opening held on November 17, 2000 , for the Permit Center and Planning Department Renovations resulted in eight bids . Ferrell Penning was 8 Kent City Council Minutes December 12 , 2000 TENANT IMPROVEMENTS the low bidder at $798, 500 . The Parks, Recreation and Community Services Director recommends awarding the contract to Ferrell Penning. WOODS MOVED to enter into an agreement with Ferrell Penning for the Permit Center and Planning Department Renovations project in the amount of $798 , 500 plus Washington state sales tax. 'Epperly seconded and the motion carried. NEWSLETTER (CONSENT CALENDAR - ITEM 6H) (REMOVED BY COUNCILMEMBER AMODT) 2001 Kent Reporter Contract. The Operations Committee has recommended approval of the 2001 Kent Reporter contract for publication and distribution of the City' s community newsletter, Kent Connections . Amodt said the news in the Kent Reporter is a repeat of what is seen in the South County Journal and expressed concern about duplicate funding. She said she would prefer that the City' s newsletter go into the South County Journal . Orr responded that the Council has supported using the Kent Reporter because it goes to every household in the City, unlike the South County Journal . YINGLING MOVED to approve the 2001 Kent Reporter con- tract for publication and distribution of the City' s community newsletter, Kent Connections . Woods seconded. McFall emphasized that this agreement deals with the printing and distribution of the City' s newsletter only. Joe Rubio said one page is not worth $58 , 000 per year and suggested putting the newsletter in with utility bills, in other publications, or on the television channel . He said this is a tax drain and urged the Council to consider canceling the contract . McFall clarified that the cost is $16 , 320 annually. Amodt stated that she has been told by citizens that few people read the Kent Reporter. Brotherton said using the Kent Reporter is one of the best ways to get information out to the public . Yingling agreed and said the cost is reasonable . The motion then carried with Amodt opposed. 9 Kent City Council Minutes December 12, 2000 BUDGET (CONSENT CALENDAR - ITEM 60) 2000 Budcet Adjustment Ordinance. ADOPTION of Ordinance No. 3536 for adjustments made between July 31, 2000 and December 31, 2000 totaling $67, 284 , 844 and authorizing a line of credit in an amount not to exceed $200 , 000 to cover housing and community development costs at year- end until they are reimbursed by King County and further authorizing the second year of a three-year short-term loan not to exceed $460 , 000 from the Equipment Rental Fund to the Riverbend Golf Complex to cover winter and spring expenditures , with interest to be paid at the state pool rate, as recommended by the Operations Committee at their December 5, 2000 meeting. (OTHER BUSINESS - ITEM 7B) 2001 Budcet Ordinance . The Operations Committee has recommended adopticn of an ordinance adopting the final year 2001 Operating and Capital Budget, which is the preliminary budget cc-cument plus summary (Exhibit A) and technical changes Exibit B) . McFall noted that two changes were made at the Operations Committee meeting, which have been re_ :e=ted in the budget before the Council tonig t . ie ex, !a:ned the two changes , which are the reduct_= _.. property tax collections to 2% and appropriating balances in the street fund by $150 , 000 wit' tncse funds earmarked for a study of ways to attack tra`__ __ _zngest,on in the city with respect to the existing system . The Mayor noted that these changes are consistent w_tr. ::,s budget message . YINGLING MOVES to adopt Ordinance No . 3537 adopting the final year 201- 1 Operating and Capital Budget . Brotherton seconded . Amodt said the City should have a rate of $3 per 5:: -' :, assessed value so that property owners can have a break on tax increases . Brotherton pointed out that t-e -ate is $3 . 016 , which is very close to Amodt ' s sugaes: = . Yingling clarified that the property tax paid property owners goes to various jurisdictions , nct : _,st to the city. He agreed that the city is very close tc what Amodt has asked for and that some property owners may see a savings . He also noted that this includes revenue from new construction; Mayor White agreed. The motion to approve the 2001 Operating and Capital Budget then carried with Amodt opposed. 10 Kent City Council Minutes December 12 , 2000 FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . APPROVAL of payment of the bills received through November 15 and paid on November 15 , after auditing by the Operations Committee on November 21, 2000 . Approval of checks issued for vouchers : Date Check Numbers Amount 11/15/00 504349-504604 $1, 623 , 411 . 80 11/15/00 504605-505011 1 , 850 , 464 . 04 $3 , 473 , 875 . 84 Approval of payment of the bills received through November 31 and paid on November 31 , after auditing by the Operations Committee on December 5, 2000 . Approval of checks issued for vouchers : Date Check Numbers Amount 11/31/00 505012-505288 $1 , 166, 296 . 18 11/31/00 505269-505697 3 , 421 , 326 . 93 $4 , 587, 623 . 11 Approval of checks issued for payroll for November 1 through November 15 and paid on November 20 , 2000 : Date Check Numbers Amount 11/20/00 Checks 247967-248282 $ 262 , 782 . 33 11/20/00 Advices 103009-103639 980 , 243 . 48 $1, 243 , 025 . 81 Approval of cheeks issued for payroll for November 16 through November 30 and paid on December 5 , 2000 : Date Check Numbers Amount 12/5/00 Checks 248283 -248644 $ 319, 472 . 11 12/5/00 Advices 103640-104523 1 , 141 , 181 . 69 $1, 460 , 653 . 80 (CONSENT CALENDAR - ITEM 6J) Accounts Receivable Write Off. APPROVAL of the write- off for 1999/2000 past due accounts receivables of 11 Kent City Council Minutes December 12 , 2000 FINANCE $52 , 902 . 97, as recommended by the Operations Committee at their November 21, 2000 meeting. The State Auditor recommends that uncollectable accounts over one year old be written off . (CONSENT CALENDAR - ITEM 6K) Change Account Increase Ordinance. ADOPTION of Ordinance No . 3535 amending Section 3 .41 . 020 of the Kent City Code to increase the Change Account from $3 , 500 to $6, 000 , as recommended by the Operations Committee at their November 21, 2000 meeting. This will cover the increase provided the golf course when the City assumed management of the 18-hole tournament and cashier responsibility at the golf complex. This will also allow room for future department needs . CONTINUED COMMUNICATIONS (ITEM 11A) Martin Plvs, 3004 S . 256th, asked questions relating to the City Central employee newsletter, the golf course debt , the budget , employees and their duties, Council voting records and personnel issues . He said citizens will continue to do initiatives so that taxes aren' t raised. REPORTS Council President . Orr encouraged people to contri- bute to the donation drives in the Police and Fire Departments, and reminded Councilmembers that deliveries will be made or. December 22nd. She wished everyone happy holidays . Operations Committee. Yingl_ng noted that the next meeting will be on the third Tuesday in January, and that the January 2nd meeting has been cancelled. Public Safety Committee. Epperly announced that the Riverbend Caddy Program has turned $450 in private donations over to the Kent Police Department to adopt a family for Christmas in honor of Carol Bennett . Public Works Committee . Clark noted that the first meeting of the month will be held on January 8th, and the second will be on January 22nd. 12 Kent City Council Minutes December 12 , 2000 REPORTS Planning Committee. Brotherton noted that the committee met yesterday and discussed temporary access structures and the agricultural lands policy which was sent back to staff . He stated that the next meeting will be on January 8th at which time urban separators will be discussed. Administrative Reports. McFall reminded Councilmembers of the executive session on property acquisition, pend- ing litigation and potential litigation matters . He estimated that it would last approximately 30 minutes . EXECUTIVE SESSION The meeting recessed to Executive Session at 8 : 05 p .m. and reconvened at 9 : 00 p .m. Property Acquisition. YINGLING MOVED to adopt Resolution No . 1581 authorizing the Mayor to (1) execute a real property purchase and sale agreement with Borden Chemical , Inc . , (2 ) execute a lease of a portion of the property back to Borden Chemical , (3) execute loan documents with King County for financing the acquisition through an interim loan of Community Development Block Grant funds, and further to establish the Urban Center Project budget of $12 . 9 million funded from the King County loan of $9 million and a water utility fund loan of $3 . 9 million, and state the Council ' s intent to issue Limited Tax Genera'_ Obligation Bonds in the future to reimburse public portions of the project . Woods seconded and the motion carried. Emnlovee Services . YINGLING MOVED to authorize the Employee Services Director, with full and complete discretion, to enter into a resignation agreement with the Park Development Coordinator as she deems appro- priate within the deductible limits of the City' s insurance program. Woods seconded and the motion carried. EPPERLY MOVED to accept tender of defense and indemnifi- cation by King County Fire District 437 of the matter of Haydock vs . Kent , pursuant to paragraph 14 of the Agreement for Fire and Life Safety Services and Joint Operation of Facilities , but only to the extent 13 Kent City Council Minutes December 12, 2000 EXECUTIVE SESSION liability arises out of the acts or omissions of city personnel relating to the performance of said agreement . Woods seconded and the motion carried. ADJOURNMENT WOODS MOVED to adjourn at 9 : 03 p.m. Orr seconded and . the motion carried. i Brenda Jacober, CMC City Clerk 14 Kent City Council Meeting Date January 2 , 2001 Category Consent Calendar 1 . SUBJECT: ALLEY VACATION BETWEEN 1ST AND 2ND, SMITH AND TEMPERANCE - RESOLUTION SETTING HEARING DATE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, adoption of Resolution No. setting a public hearing date of February 6th for the Alley Vacation between 1st & 2nd/Temperance & Smith. 3 . EXHIBITS: Public Works Director memorandum and resolution 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff , Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C DEPARTMENT OF PUBLIC WORKS December 11, 2000 TO: Public Works Com�m.tttee FROM: Don Wickstrom, Pu IC is Works Director SUBJECT: Alley Vacation— I" & 2°d'Temperance & Smith We have received a valid petition to vacate an alley between I" & 2nd Avenues and Temperance & Smith Streets. In accordance with state law, a public hearing must be held. As such, the Public Works Department recommends adoption of a Resolution setting the public hearing date. MOTION: Recommend Council adoption o: a resolution setting a public hearing date for the Alley Vacation between I" & 2°d Avenues and Temperance & Smith Streets. '. .... . .� /s:o - i -- - -tQ i ^ FOURTH! ° _ 4 -��_ ` _ _ AV w 1 a t±•—7,^� ?��b a v w , S.C.7et6tt-/� a "' '' i•fe.e ct: so•e 61f•rc>•oece�• sc �orctt-+' 90 , . ��' 9-p%oc%� Ito LO LO .. .• .. �)o � N o h�-. N - _ S - G W Q w = S •tea 'Rv .atS vrc.or.c»s u D o n .n - - fyTl ' _ •tN _ o'� p R v � � � o - � N ' Ln 7 �' o �• 1 4 Wc.am.Z2T,1r .� i N THIRD �B� AVE n G 60 •• 60 ('� OD - M r r o ' B u + r ' N I is Q � rn •se r to .0 C L c _ o r•O eI ( �.I q) �j N vc 9 0 "c ..o� e •. 60 �1 Vic. o*a C779 AV ^ fi 7JO Cl AA(7.38 C-AC Sr-P I P �- ` O vWs s-z� - cl �O\�� u 39i-42 b0 LW Ln O _ 14 t' 1 ♦ I 4 Z y T 1 O 1 w m 1=11 1p � � � \ �w•1 � m /`fit 'k n FIRST to AVE - b RE PO QT to ISY OT4l AY POROb`f �1� i 'ice RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, regarding the vacation of an existing alley right-of-way lying generally between and parallel to 1st and 2nd Avenue, running from Smith Street on the west to Temperance Street on the east, in order to construct a parking garage on property owned by Sound Transit, and setting the public hearing on the proposed alley vacation for February 6, 2 00 1. WHEREAS. a petition, attached as Exhibit A, has been filed by Central Puget Sound Regional Transit Authonty (Sound Transit)to vacate an existing alley right- of-way lying generally betvyeen and parallel to 1 st and 2nd Avenue, running from Smith Street on the west to Temperance Street on the east and abutting Lots 1-12, Block 3 of Ramsay's Addition to the Town of lent. Volume 16, Page 89, in the City of Kent ,King County, Washington; and WHEREAS. the petition is signed by the owners of at least two-thirds of the property abutting that portion of the alley that is sought to be vacated; and WHEREAS, the petition is in all respects proper; NOW, THEREFORE, THE CITY COI;NCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hcanng on the alley vacation petition requesting the vacation of an existing alley right-of-way lying generally between and parallel to 1st 1 Alley Vacation — ]stand 2nd/Smitl: & Temperance and 2nd Avenue,running from Smith Street on the west to.Temperance Street on the east shall be held at a regular meeting of the Kent City Council at 7:00 p.m., Tuesday, February 6, 2001, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. SECTION 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Ch. 35.79 RCW. SECTION 3. The Planning Director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on February 6, 2001. Passed at a regular meeting of the City Council of the City of Kent, Washington this _ day of January , 2001. Concurred in by the Mayor of the City of Kent, this day of January, 2001. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 2 Alley Vacation — Ist and 2nd/Smith & Temperance I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, on the day of , 2001. (SEAL) BRENDA JACOBER, CITY CLERK P.ICivM=lutiont$TVAC•Alky.lst nd-Smth-TeWtaance.dm 3 Alley Vacation— Ist and 2nd/Smith & Temperance MAR. -37' 01)(MON1 IU:45 BENT PLANNING _-- _ RECEIVED �7 q�} U / tl CITY of}.S� LLV NOV Q LU�� 1?�i,, C1T'/ OF KENT 4R C/7y i<. PROPERTY FAA Q �� KF. Mayor Jim White MAIL TO: APPLICANT: CITY OF KENT NAME: Property Management twvv o t4n1 (5u .rro r>t�,auTS` 220 S. 49h Avenue ADDRESS: 4r�t s. Cl'K.KSon SZ. Kent, Washington 95032 Attu: Jerry McCaughan '4S)`K� j1�lt C1g104— 2-SZ4r PHONE: ( 2-00 j'- S-660 STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We, the undersigned abutting property owners, hereby raspecTf%Wy request that certain 'Ke hereby be vacated. Legal Description of Street/Alley Sought to be Vacated ia+l' (Must Contain Total Square Feet of Area Sought To Be Vacated) BRIEF STATEMENT WHY VACATION IS BEING SOUGtIT)`'lr A "CURRY-NT" title report must be submitted with this application tbat covers all the abutting properties contiguous to alley or street sought to be vacated. When Corporations, Partnerships etc arc being signed for, then proof of individual's authority to si6n for same shalt also b,: submittal. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) Mal) must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT # SIGNATURES AND ADDRESSES LOT, BLOCK 8 PLAT/SEC. TWN. RG. 0(354 -7(1f2S0 Ott o / iYLFl s /k�tVQA� (5-, ,�.,,Z�ah ,c,- > otto5� �tfl� O('7o 411 s 6t71 /1t429T: ory�?NFA -00; \.J C, `18t t 4t .3 K k=M, Al C> iD W 01= rxi T la tc� , o P i' 8 5 S150.00 Fee Paid Treasurer's Receipt No. Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. Deed Accepted Date Trade Accepted Date S 34-33 A EXHIBIT A Exhibit AD NO V I n L NOV 0 6 2000 _ CITY CITY OF � PROPFR�MAN GEh1F,�r I) We the Undersigned We, the undersigned abutting property owners, hereby respectfully request that certain alley right-of-way lying south of the south right-of-way line of Temperance Street and north of the north right-of-wav line of Smith Street and abutting Lots 1-12. Block 3 of Ramsay's Addition to the Town of Kent. Volume 16. Page 89. in King County. Washington. II) Legal Description of Alley Sought to be Vacated THAT CERTAIN ALLEY RIGHT-OF-WAY LYING SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF TEMPERENCE STREET AND NORTH OF THE NORTH RIGHT-OF-WAY LINE OF SMITH STREET AND ABUTTING LOTS 1-12, BLOCK 3 OF RAMSAY'S ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 16 OF PLAT PAGES 89, IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED SECOND AVENUE ADJOINING LOTS 1-6, BLOCK 3, RAMSAY'S ADDITION TO THE TOWN OF KENT, WHICH UPON VACATION UNDER CITY OF KENT ORDINANCE NO. 2779. RECORDING NO. 8807130681 ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; AND EXCEPT THAT PORTION OF LOT 7, BLOCK 3 RAMSAY'S ADDTION TO THE TOWN OF KENT, CONVEYED TO THE CITY OF KENT BY RECORDING NOS. 7607010194 AND 7607010195 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7; THENCE NORTH ALONG THE EAST LIME OF SAID LOT A DISTANCE OF 10 FEET; THENCE IN A SOUTHWESTERLY DIRECTION TO A POINT ON THE SOUTH LINE OF SAID LOT WHICH LIES 65 FEET WEST OF BEGINNING; THENCE EAST TO THE POINT OF BEGINNING. III) Brief Statement Why Vacation is Being Sought Kent Station benefits the City of Kent and the citizens of the region. The provision of parking in support of Commuter Rail service is important to the success of Kent Station. The City and Sound Transit have agreed to undertake the construction of a parkin' garage to provide the needed parking. Sound Transit requests the vacation of the largely unimproved city right-of-way (alley) in order to construct a parking garage on property owned by Sound Transit. All of the property abutting and served by the alley has been recently acquired by Sound Transit. Vacation of this alley right-of-way to Sound Transit would benefit the City of Kent and would not adversely affect other property. Sound Transit requests that this vacation be granted as a mutual benefits conveyance in support of Kent Station. This is consistent with the joint benefits nature of the project and with vacations granted in other communities. 2 RECFIVL NO V L nIM NO R 1 y: t9 V L L J �CpFo7T�? CITY E E T d;: :,:� •�p:i�----zif �J.t'• b=� -�y � .�e;v :..... . .�R/s�::boa_o�.�:� - —— — —� =. y FOUR H } h., ` '+d•L.7.t4tf-/ + � /'!o.► 6tt fot`At se slifS sc so�sts-4� , N a uo �.w IIo q w Lo `o •%• .t. M q e�• J.. .I. ' B.°ka orl ^ Ln LIT re , S - , 113 X N ` — : to � - _ U' _ -••• 7_ `g N THIRD 6 a•ee AVEy �o O " I VAC n r � _ �o o IJ J I' W oO Z V1 O � ' 61/1 C. JR /a Lf ne• .tA .� •se ° 2.4 - , CD NO Gbo / WC. OtD. 2779P _ u ?O �..,-a>-sue. e.-s-se D`�— AV f7Dr_c n6.38 cit.sr.v/v• c �O\��, lial u o 03 `L CO zIt i o N• p a.• »a. N Y mo ✓ 1. s A to �Gnft g o N FIRST P-106 AVE q -•w_-....'-+.1-err.--_..r-- ��. _-��........... .... - +I R:5 vC - o�l "V-VOi7.TlO 6Y 0TVAY P"0.0 a Kent City Council Meeting Date January 2 , 2001 Category Consent Calendar 1 . SUBJECT: SEWER LATECOMER AGREEMENT - AUTHORIZE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Public Works Director to execute a sanitary sewer latecomer agreement with N & G Development, LLC for the plat of Rhododendron Estates . 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D DEPARTMENT OF PUBLIC WORKS December 11, 2000 TO: Public Works CORI ittee FROM: Don WickstromQblic Works Director SUBJECT: Sewer Latecomer Agreement Developer N & G Development, LLC (Rhododendron Estates) extended the sanitary sewer in 124tr Avenue S.E from approximately S.E. 261st to the north boundary of their plat at S.E. 258th Street. This sewer extension provide a potential to serve several outside plat properties all of which are large enough to be subdivided. Four of the parcels are in the preliminary plat stage at present (McKenna Meadows and Landmark plat). Two of the remaining parcels are 2.39 acres, with the last parcel at 1.92 acres. Deducting the wetland and buffer areas total area for all parcels is 53,195 sq. ft divided into the project cost of $200,273.35 for a latecomer agreement of$0.37-05 per sq. ft. The Public Works Director requests authorization to enter into a latecomer agreement with this developer. MOTION Recommend Council authorization for the Public Works Director to execute a sanitary sewer latecomer agreement for the Rhododendron Estates. IUPOCRAPHIC BASE COMPILED FROM AERIAL PHUIOU,PPHY FLOWN APRIL. III 0I3CLAIIH. *NO, L M01 AF KLO LPOL[ PROPERTY LINES SHOWN ARE APPRO%IANTE(ENTERED FROM ASSESSORS WL n...cl. 15". ON LIr ILIII. NNITW el.rLl.N,IOVLII11l Y.Ic.MI,H PI.1 MH, ,OM SCALE: . 1 "=3 0 I Y„ WNW .,MI.HI,M AN1.11 1. I ' v / W I IE26 vG o L5 4/ V 13 0 El 51 0 _°... a: OO!❑� - ------ ❑� El r V: v 1 SE 2611 SI IPRI �tl _ - I -7 1 I I o , �I aCF D ' � G [� 1 [ p J! O _� �1251" PL it Lo J. Fr\ T;l o h 'pa I F ` i Kent City Council Meeting Date January 2 , 2001 Category Consent Calendar 1 . SUBJECT: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT, 277TH ST RECONSTRUCTION, WEST VALLEY TO AUBURN WAY NO. - AUTHORIZE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign the grant agreement, direct staff to accept the grant in the amount of $1, 942 , 119 and establish a budget for the funds to be used within the South 277th St Reconstruction Project - West Valley Highway to Auburn Way North. 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff , Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E DEPARTMENT OF PUBLIC WORKS December 11, 2000 TO: Public Works Committee 0\ FROM: Don Wickstrom, Public Works Director SUBJECT: South 277th St Reconstruction —West Valley Hwy to Auburn Way N. Grant Agreement The Public Works Department is in receipt of a grant agreement from the State Department of Transportation. The agreement provides $1,942,119 of funding thru the 2000 County/City Corridor Congestion Relief program to the City for the South 277th Street Reconstruction from West Valley Highway to Auburn Way North. MOTION: Recommend authorization for the Mayor to sign the grant agreement, direct staff to accept the grant in the amount of$1,942,119 and establish a budget for the funds to be used within the South 2771h St Reconstruction Project—West Valley Highway to Auburn Way North. G ran t277 \` C=g Kent City Council Meeting Date January 2 , 2001 Category Consent Calendar 1 . SUBJECT: WEST HILL SIGNAL TRAFFIC INTERCONNECT PROJECT FUNDING TRANSFER - AUTHORIZE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to transfer the funds from the Kent Kangley Interconnect project to fund the West Hill Signal Traffic Interconnect Project . 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F DEPARTMENT OF PUBLIC WORKS December 11, 2000 TO: Public Works Committee FROM: Don Wickstroma SUBJECT: West Hill Traffic Interconnect Project Bid opening for this project was held on December 5" Three bids were received, the low bid being submitted by Potelco, Inc. in the amount of$77,120, This interconnect project will allow us to add traffic signals to the existing traffic signal network: will provide our system the ability to monitor and control King County-owned traffic signals and, provide our system the capability to monitor and control State-owned traffic signals. (Attached is a listing of all signals involved within this interconnect). At this time we have an excess of$85,000 left from the Kent Kangley Interconnect project which was awarded earlier this year. We are requesting authorization to use these funds for the West Hill Interconnect project. MOTION: Recommend Council authorization to transfer the funds from the Kent Kangley Interconnect project to fund the West Hill Signal Traffic Interconnect Project. MP2a;o WEST HILL INTERCONNECT - Intersections Affected and Goals The West Hill Traffic Signal Interconnect project will allow us to add the following City-owned traffic signals to the existing traffic signal network: 42"d Avenue South& Reith Road Military Road South& Reith Road SR 99 & South 240d' Street SR 99 & South 252"d Street SR 99 & South 254t' Street SR 99 & South 260t' Street SR 99 & South 272"d Street Star Lake Road & South 272"d Street 26d' Avenue South& South 272"d Street The project will additionally provide for our system to be able to monitor and control King County-owned traffic signals at the following locations: Military Road South & South 272"d Street 40d' Avenue South & South 272"d Street The project will additionally provide for our system to be able to monitor and control State- owned traffic signals at the following locations: SR516 & SR99 Southbound I-5 & SR 516 Northbound I-5 & SR 516 (bus and pedestrian Signal) Military Road South & SR 516 Southbound I-5 & South 272"d Street Nordibouna i-5 & South 272"d Street Connecting our City-owned signals to the system will allow us to implement a traffic-responsive control mode that will automatically select signal programs for actual traffic conditions (we are presently running time-of-day programs that have no vac to change if tm-Mfic conditions do). Establishing system-control capabilities for other agency's traffic signals will allow us to implement jointly created signal coordination plans for their signals that are located on arterials we both serve. These signal coordination plans may also be implemented by the traffic- responsive control mode. This will provide more efficient area-wide traffic management to all users. Kent City Council Meeting Date January 2 , 2001 Category Other Business 1 . SUBJECT: SOLID WASTE, RECYCLING MATERIALS AND YARD WASTE ORDINANCE AND CONTRACTS - FIRST READING 2 . SUMMARY STATEMENT: This constitutes the first reading of ordinances and contracts relating to solid waste, recyclable materials, and yard waste collection, disposal, and process- ing. The City currently contracts with Waste Management of Washington, Inc . and Kent Meridian Disposal for this service . These contracts are due to expire March 31, 2001 . The City has entered into negotiations for new 10-year contracts . Enclosed as exhibits for review are the proposed contracts as well as the authorizing franchise ordinance . Also enclosed for review is a proposed ordinance amending Chapter 7 . 03 of the Kent City Code relating to solid waste. These amendments are recommended to be consistent with the provisions of the new proposed franchise contracts . Since this is a first reading, no action is requested on these items at this time . The proposed ordinances and contracts will be forwarded to a future council meeting for council action. 3 . EXHIBITS: Contracts and ordinances 4 . RECOMMENDED BY: Staff (Committee, Staff , Examiner, Commission, etc . ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 7A DEPARTMENT OF PUBLIC WORKS December 11, 2000 TO: Public Works Co e FROM: Don Wickstrom, Public Works Director SUBJECT: Garbage Contracts If you will recall back in November of last year(see attachments) we sought council direction on what to do with both our garbage hauling contracts and our recycling contract as they would both be expiring in March of 2001 and under 1-695 we wouldn't be able to adjust rates without our citizens concurrence. We recommended getting out of the business and Council concurred with same. Well after meeting with our haulers I was obviously wrong on the assumption that the territorial dispute had been resolved and the transition back to WUTC (Washington State Utilities and Transportation Commission) rule would be smooth and orderly. As such, not wanting to disrupt or confuse our residents and businesses with respect to their garbage service and with 1-695 no longer being an issue, we are now proposing to stay in the business. As a result we have been negotiating new contracts with our existing haulers. We proceeded with negotiations versus bidding because presently in the State we're down to about only two providers as the mega companies, such as Waste Management and Allied have bought up nearly everybody else including our haulers. Secondly our haulers (RST/ Waste Management and Kent Disposal/Rabanco/Allied) have been providing good service. The highlights of the new contracts are as follows: 1) The contracts would be for 10 years; 2) The service territories of each would remain as is. RST services the valley industrial/commercial customers excluding the downtown core. Kent Disposal services the downtown core and all our residential customers. Kent Disposal presently is also our service provider per our residential recycling and yard waste programs and will continue to be; 3) Areas that have annexed or will annex in the future, once the WUTC franchise rights have expired will be serviced by our hauler that originally served said area while it was under WUTC rule. This is to say that because all areas which either have annexed or are within our PAA are presently served by a company of either Waste Management or Allied and as such, their respective service territories throughout the life of these contracts will remain the same, 4) The service rates for the industrial/commercial customers will be the same for both companies; 5) The service rate for residential customers will include recycling and while recycling will not be mandatory the customer will be paying for the service whether its used or not. This is the same program offered in both our annexed and our potential annexation areas thus once implemented residential service through out the city will be the same. The impact of this will be on about 6300 residential customer who are getting free recycling service. They will still be getting recycling service but the cost thereof will be included in their garbage service charge. It should be pointed out however that had we gotten out of the business they would be similarly impacted anyway: 6) Mandatory garbage service throughout the City is proposed to continue with limited discretion given to the Public Works Director and, 7) Yard waste program will essentially continue as is, which means its voluntary and as presently dictated by ordinance yard waste can not be disposed of in your garbage service container. These are just the highlights for which more specific detail including rates will be given at the committee meeting. Its our intent to introduce this whole issue at this meeting and bring it back to committee at their January meeting with hopefully full council adoption at the January16th council meeting. MP20I2 DEPARTMENT OF PUBLIC WORKS MEMORANDUM November 15, 1999 TO: Public Works/Planning Committee FROM: Don Wickstro46 RE: Garbage Contracts and Recycling My attached Oct 27" memo to Brent clearly explains the situation and said situation was also discussed at the Council's retreat held earlier this year. Since its preparation, the new twist is the passage of I-695 which raises the issue of whether City approved rates under a contractual arrangement fall under the voter approval requirement. Since the City's existing garbage hauling contracts and it recycling and yard waste contract all expire in March of 2001, the cleanest option would be to get out of the garbage business altogether. We believe that I-695 places such a cloud on the validity of the contractor passing on to their customers the annual cost of living increases as allowed in the contracts, that they will see it to their benefit to terminate the contracts early. Besides the areas served by both is the exact same as approved by WUTC. There should not be a territory issue like we experienced the last time we got out of the business. The other option would be to get newly amended contracts in place prior to December 3 1" , however, I-695 is not going away. So to pursue same raises a lot more questions than answers, such as what happens when these new contracts expire and how long should they be for anyway. With such a short time, can we even negotiate rates that are fair to the customers. Lastly, will the contracts even withstand an I-695 legal challenge or do we even want to be in the position of having to expend funds for the defense of same. Bottom line is the Public Works Department recommends getting out of the garbage business. MOTION: Recommend to full Council that the City pursue negotiation with its hauler the termination of its contracts as soon a possible. NIP9199 DEPARTMENT OF PUBLIC WORKS October 27, 1999 TO: Brent McFall FROM: Don Wickstro L"',_/ RE: Garbage and Recycling Rates As you know, our existing recycling program for residential customers is paid out of the Environmental Fund. This fund receives three percentage points of the City's 7.8 percent garbage tax. Present expenses in the Environmental Fund, (primarily the recycling program) exceed existing revenues and are being covered by the existing fund reserve balance, which is being depleted. Currently, there are over 6,300 residential garbage customers, 84 percent (nearly 5,300 residents) who recycle at a cost to the City of over $280,000 per year. In January, 2001, when the Meridian annexation area is serviced by Kent's contracted garbage and recycling hauler, an additional 5,000 residents could sign up for the recycling program, at a cyst to the City of an estimated $240,000 per year. The Environmental Fund does not have'adequate revenues to support this additional expense. The City has adopted King Cotrity's Comprehensive Solid Waste Management Plan, requiring 65% reduction in the waste stream by the year 2000. The City of Kent currently meets this goal, but failure to maintain the 65% goal could have repercussions on use of the County landfill. Attached you will find comparisons of garbage and recycling rates charged to all residential customers throughout the Cin of Kent, including the annexed areas. The rates are broken out for comparison to "garbage onl,." and "garbage including recycling". The actual rate charged to customers ir: the annexed areas, serviced by Meridian Valley Disposal and Sea-Tac Disposal companies, is the rate which includes recycling (the blue shaded areas). 50% of Kent residents are under the current garbage and recycling contract with Kent Disposal. As shown in the char. the majority of Kent Disposal garbage customers subscribe to the one can, 32 gallon. 60 eallon or 90 gallon toter service level. Adding the recycling fee of $3.36 (3_ callor, tote- size) to the garbage fee for Kent Disposal customers, will result in rate increases of between 15% and 31%. For comparison, the current garbage rates are shown in hello«, the ne�.� garbage rates including the recycling fee are in green. It should be noted that 69% of Kent Disposal customers currently use the 90 gallon recvcling toter, however this is not available in the annexed areas. It is our recommendation we chance our recycling service to correspond to what is presently provided in our annexed areas and that we embed the cost therefore into a single rate for garbage service which, includes recycling whether you use it or not. This 'ill allow us to continue to meet requirements of our agreement with King County per providing recycling to Cite residents. It %ill also be consistent with all other garbage/recvcling services provided throughout the Cit% and for that matter throughout the Count% . - n CD r f) n N \ \ N N y N •JO J W C :. �: U n N J b t L L J N P C ^ -._ —_ C ' U b C N N N J M J t % J J L N W O W W N N J �• W L V W L P P P N CC J C7 X = T Q .- - N u n -• u N N "'S p ^ y � rD CD CD yO—C w ou Q � a O n - � N - � - a W N - - ^ j� N � a u N N - �• C\ 00 N W W b r m Cp it P W W N u N b O IXf OO OC u u N •� l r� � N m V W J N G P G W G W u N V N J - O b C b ?� O 1-n N 6 r{ p r C i � VOri L - �- - O m J G F• Y 00 b u J b V P � y u O O N O P � N GARBAGE and RECYCLING CUSTOMERS within Kent City limits Kent Disposal — City residents under current contract Garbage 6307 Recycling 5281 (90 gal. toter- 3655) (32 gal. toter- 1645) Yardwaste 1683 Meridian Valley Disposal— Meridian/Meridian Valley Annexations Garbage 5009 Recycling 4248 (all 32 gal. toter) Yardwaste 2071 Meridian Valley Disposal —Ramstead/East Hill Annexations Garbage 3 54 Recycling 312 (all 32 gal. toter) Yardwaste 134 Sea-Tac Disposal — Chestnut Ridge/Beck/Del Mar Annexations Garbage 833 Recycling 635 (all 32 gal. toter) Yardwaste 278 50.4% of cite residents are under the current garbage recycling contract with Kent Disposal . 691/0 of Kent Disposal customers ��ho recycle use the 90 gallon toter, 31% use the 32 gallon toter. FIRST READING- January 2,2001 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the public health, safety, and general welfare and City solid waste utility and pursuant to RCW 35.27.330, authorizing solid waste, recyclable materials, and yard waste franchise contracts between the City and Waste Management of Washington, Inc., a Delaware corporation and Kent Meridian Disposal Company, a Washington general partnership, between the City of Kent. WHEREAS, by Ordinance No. 2870, the City of Kent reestablished a system of solid waste collection and disposal (the "solid waste utility") consistent with Ch. 35.21 and 35.67 RCW; and WHEREAS, Ordinance No. 2870 mandated that garbage be collected and handled within the City by City authorized persons operating under a contract with or under the direction of the City; and WHEREAS, pursuant to Ordinance No. 2970, the City, Tri-Star Disposal (now known as Waste Management of Washington, Inc.) and Kent Meridian Disposal entered into ten (10) franchise contracts for solid waste collection services within the City, which contracts expire on March 31, 2001; and 1 Solid Waste Collection -Franchise WHEREAS, the City, Waste Management of Washington, Inc., and Kent Meridian Disposal have entered into negotiations for new solid waste, recyclable materials, and yard waste franchise contracts for the purpose of collection, disposal, and processing of solid waste, recyclable materials, and yard waste, and the City now wishes to enter into contracts with Waste Management of Washington, Inc. and Kent Meridian Disposal for said services; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are hereby incorporated by reference and adopted as if set full in forth herein. SECTION 2. The Mayor, for and on behalf of the City, is hereby authorized to finalize and execute franchise contracts with Waste Management of Washington, Inc. and Kent Meridian Disposal for the collection, disposal, and processing of solid waste, recyclable materials, and yard waste, in substantially the same form as introduced and made part of the council record and on file in the City Clerk's office, more specifically identified as follows and incorporated herein by this reference: 1. Solid Waste Collection and Disposal, Recycling and Processing Contract between the City of Kent and Waste Management of Washington, Inc., April 1, 2001 —March 31, 2011; and 2. Solid Waste Collection and Disposal, Recycling and Processing Contract between the City of Kent and Kent Meridian Disposal, April 1, 2001 —March 31, 2011, SECTION 3. — Amendment to Contracts. The franchise contracts as authorized by this ordinance, may be awarded in the future by the City Council and Mayor, as applicable, without amendment to this franchise ordinance or adoption of a new ordinance to authorize the same. 2 Solid Waste Collection -Franchise SECTION 4. — Rati tcation. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. SECTION S. —Severability. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. — Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY 3 Solid Waste Collection -Franchise PASSED: day of ,2001. APPROVED: day of , 2001. PUBLISHED: day of , 2001. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:`,Civil'Ardi cc�SolidWMq-F,.Chin.-0 1 4 Solid Waste Collection -Franchise FIRST READING- January 2,2001 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Ch. 7.03 of the Kent City Code, entitled "Solid Waste," to update said chapter in conjunction and consistent with new contracts for the collection of solid waste, recyclable materials, and yard waste. WHEREAS, the City Council is currently considering new franchise contracts for the collection, disposal, and processing of solid waste, recyclable materials, and yard waste; and WHEREAS, the City Council desires to amend chapter 7.03 of the Kent City Code to update its provisions in conjunction and consistent with the franchise contracts; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: I Solid Waste Collection ti. SECTION 1. Chapter 7.03 of the Kent City Code, entitled "Solid Waste," is hereby amended to read as follows: CHAPTER 7.03. SOLID WASTE RECYCLABLE MATERIALS AND YARD WASTE Sec. 7.03.010. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Collection companv means the persons, firms or corporations or combination thereof operating under a contract for solid waste, recyclables or yard waste collection with, or under the direction of, the city, including an authorized contractor for the collection of recyclable materials under this chapter. Commercial means all customers that are not included within the definition of "residential" set forth below, which are within the collection company's service areas. Commercial includes Commercial Multi-family as defined below. Commercial Multi-fain!- means multi-family residences containing more than four (4) dwelling units. Detachable container means any garbage container compatible with the collection company's equipment that is not a garbage can, garbage unit or mobile toter. Director means the director of the department of public works. Director means the director of the department of public works. Garbage means all aecamuiatie solid waste. Garbage can means a watertight, galvanized, sheet metal, raised-bottom container or suitable plastic container not exceeding four (4) cubic feet or thirty-two (32) gallons in capacity, weighing not over twenty-two (22) pounds when empty or sixty-five (65) pounds when full, fitted with two (2) sturdy handles, one (1) on each side and a tight cover equipped %with a handle. Garbage units mean secure and tight bundles, none of which shall exceed three (3) feet in the longest dimension and shall not exceed seventy-five (75) pounds in 2 Solid Waste Collection weight. Garbage units may also mean small discarded boxes, barrels or bags or securely tight cartons or other receptacles not intended for recycling under this chapter and able to be reasonably handled and loaded by one (1) person onto a collection vehicle. Mobile teter cart means a movable container which holds at least thirty-two (32) gallons of gauge solid waste, with a tight-fitting lid, and a thick skinned one (1) piece balanced weight body which sets on tires, which will be picked up at curbside. The director may approve collection company use of alternative mobile teterscarts. Person means every person, firm, partnership, business, association, institution, or corporation in the city accumulating garbage solid waste requiring disposal or generating, accumulating, and collecting recyclable materials. The term shall also mean the occupant and/or the owner of any premises for which service mentioned in this section is rendered. Recycle container means teterscarts or other containers approved by the director in which recyclable materials, including yard waste, can be stored and later placed at curbside, alleyside or other approved location. This tern also includes but is not limited to designated commercial front load boxes, drop boxes and compactors at locations as may be specified by the director. The director may approve collection company use of alternative recycle containers. Recyclable materials means waste materials generated in the city capable of reuse from a waste stream as designated by the director, including but not limited to sorted or unsorted newsprint, glass, aluminum, ferrous and nonferrous cans, plastic materials, mixed paper, and cardboard accumulated and intended for recycling or reuse and collection by a collection company or authorized contractor. This term excludes all dangerous wastes and hazardous wastes as defined in Chapters 70.10 and 70.105A RCW, and solid wastes intended for disposal in a landfill, incinerator, or solid waste disposal facility under Chapter 173-304 WAC. All recyclable materials intended for collection by a city-authorized collection company or contractor shall remain the responsibility and ownership of participants until such materials as contained in designated recycle containers are placed out for collection for the authorized 3 Solid Waste Collection contractor. Such materials then become the respopsibility and property of the collection company or authorized contractor subject to the right of the participant to claim lost property of value. Residential means customers dwelling in one-unit houses, mobile homes, and multi-family residences containing no more than four (4) dwelling units such as duplexes, tri-plexes, and four-plexes which are within collection company's service areas. Solid waste shall be as defined by RCW 70.95.030 and WAC 173-304-100(73), with the exception of sludge from wastewater treatment plants and septage, from septic tanks, extremely hazardous waste, hazardous waste, dangerous waste, and problem wastes as defined in Chapters 173-303 and 173-204 WAC, and Chapters 70.105 and 70.105A RCW. Solid waste utility^ shall be the city system of solid waste handling under Chapters 35.21 and 35.67 RCW and this code. Yard waste means plant material including leaves, grass clippings, prunings, branches (cut to less than three (3) feet and under four (4) inches in diameter), brush, garden material, weeds, tree limbs (also cut to less than three (3) feet and under four (4) inches in diameter) and other biodegradable waste that may be designated by the director. Rocks, dirt and sod, except incidental amounts, are unacceptable. Materials may be bundled with cotton or other similar organic string only. Yard waste does not include demolition debris such as concrete, wallboard, lumber or roofing materials. Sec. 7.03.020. Garbage Solid waste, recvelable materials, and yard waste collection A. Solid Waste and recyclable materials-Collection required. Gauge; Solid waste and recyclable materials collections shall be made by gaFbage ^^a r- ^� collection companies as authorized by the city. Except as provided in KCC 7.03.020(B) and (C), all persons and properties within the city shall use the solid waste and recvelable materials system and service of the utility under contract with collection companies and it shall be unlawful for any person, other than those duly authorized by 4 Solid Waste Collection the city to haul solid waste and recyclable materials through the streets of the city or to dump solid waste and recyclable materials. . Except as provided in KCC 7.03.020(B), all persons and occupied property shall be subject to and responsible for the minimum level of service and associated charges for service for residential and commercial solid waste and residential and commercial multi-family ecyclable materials, as applicable, whether or not such persons and property use the service. The director may, upon a showing that a person or prolertv produces no solid waste and recyclable materials, waive the minimum level of service requirements of this section. B. Commercial Permitted haulers. it shall be unlawful f„l f r- any other- than dump garbage. Those commercial and industrial business establishments having prior established permits to haul their own garbage and _ea,^^ solid waste may continue to haul such garbage solid waste by annual permit. Renewal permits shall be issued upon application and payment of the annual permit fee. The annual permit fee shall be as follows: 1. Permit holders hauling; less than one hundred fifty(150) tons of gar-b ge solid waste per month, one hundred dollars ($100); 2. Permit holders hauling greater than one hundred fifty (150) tons of gar-bage solid waste per month, seven thousand five hundred dollars ($7,500). Any permit holder, as provided for in this subsection, shall haul garbage at least once a week for public health reasons. C. Residential haiders. This section does not apply to the occasional hauling by residential customers of refuse solid waste and recyclable materials to an approved site if the minimum level of garbage service for such is paid for by the residential customer. D. Yard waste-voluntarv. Ward waste collection by collection companies is voluntary to the customer, therefore, a customer may self haul yard waste and not pay the minimum level of service for such. 5 Solid Waste Collection Sec. 7.03.030. Regulations regarding collection companies—Business license required. A. To provide for the public health, safety and general welfare, collection companies operating within the city shall, at no additional cost to the city or its residents: 1. Comply with all provisions of the city code and amendments thereof, and applicable federal, state and county laws and regulations pertaining to the collection, handling, transportation and disposal of garbage solid waste, recyclable materials and yard waste. The city shall be entitled, during regular business hours, to inspect the books and records of collection companies operating within the city. 2. Pick up Christmas trees each January. 3. Provide for a semiannual residential cleanup in the spring and fall of each year to allow for disposal of accumulated garbage solid waste. The director of public works shall promulgate administrative rules, following consultation with collection companies, for the implementation of this subsection. 4. Provide service to public buildings and facilities, as designated by the director of public works. Upon consultation with collection companies, the director of public works may add or delete public facilities from such designation in the interests of public health and safety. B. Collection companies operating pursuant to and in compliance with this chapter shall be issued, upon application, of a business license pursuant to Ch. 5.01 KCC, without the payment of license fees, permit fees as provided in KCC 7.03.020(B), or other fees related to solid waste handling established by the city. This subsection (B) shall not be construed as a waiver of the utility tax imposed by Ch. 3.18 KCC. 6 Solid Waste Collection Sec. 7.03.040. Recyclable materials—Collection. A. Collection companies as part of their collection service, shall and authorized agr-eeme«t with the e:ty and * e«ter « ^te r c peAy to collect recyclable materials from customers in the city as required and pursuant to the provisions of this chapter. Subject to terms and conditions of any collection stiek contract and regulations, such companies are solely responsible for all costs of removal, - afketing, and disposal of recyclable materials placed out for collection by custome . The requirements of this section do not prohibit the customary collection and sale of recyclable and reusable materials by persons or private recyclers or affect the right of waste generators to continue to accumulate, buy, sell or give recyclable materials to persons other than the collection companies. eelleetio pFegram f «^rt:e:«^tie« b residential andeemmer-eial gefler-et., e f waste materials eapable of being reeyeled and reused. Sueh pr-egfam shall net pr-ehibit the V 44 .st. mar-., eelleetion and ..le of re e.elable and sable En ter:..ls by «ate 1 r eler-s e a ff et the right .,f waste generators_tt t ,.lat ,..., ee n :« ao ae� h . tea.rc ell gi' e .elable materials to pefsens ether than the eelleetion , h th the .«edia erdinatie« it eeeeto .t vvYaz ucrorr , h lli e «d authorize Yivbiuir'rz.iu"' «ts and eelleetie« tifner GB. Designated recycle containers shall be placed at curbside, alleyside, or other locations as determined by the director or collection company with the concurrence of the director. Back yard collection of recyclables shall not be required of the collection 7 Solid Waste Collection company or contractor except under special circumstances determined by the director, including disabled or elderly participants. Sec. 7.03.045. Residential recyclable yard waste materials - Collection - Prohibition on commingling yard waste with other solid waste or recyclables. A. Collection companies, as part of their collection services, shall-and-aather-iZel- agr-eement with the eit y and + ente« , +e „«epeAy to collect residential recyclable yard waste materials from participating residences as required and pursuant to the provisions of this chapter when requested by the customer. under- .,.1,.. roistered by the eity a as y he f.«the«pr-ese«:hed in zeenlatiells p efflulneted b5 thdie�_ Subject to terms and conditions of any such contract and regulations, such companies are solely responsible for all costs of removal, marketing, and disposal of residential recyclable yard waste materials placed out for collection by program participants. The requirements of this section do not prohibit the customary collection and sale of recyclable and reusable residential yard waste materials by individual residential yard waste recyclers. B. The difeete« : utherized to prepare any implementing «e .,l..t:ens needed f de the yelepfneat and plementatien of ael,,.,tar-y « si ential yard waste edtlet:e.. LIlV- Ir and « Ieling eelleet.en pregfaffi f« paFt,eip t,en by « .,sidetial e ..rate« e f yard waste materials eapable ef being, meyeled and reused. Stieh pFegr-afn .{l the a ,sterna«., eelleetie., and ale eC «e lhl d bl,eee an sae residential yard waste LL1v� �leter-ial. by individual residential , afd waste « .ele«s The dir-ee+e« shall p ride f« l{31l•L fCLIJ ll�-lIl e IInetif)ine the publ,e of the « sidential 5,aFd Waste «eeyeling T .,elerents and elleet. n t. C. Designated residential yard waste containers shall be placed at curbside, alleyside, or other locations as determined by the director or collection company with the concurrence of the director. Back yard collection of residential yard waste shall not 8 Solid Waste Collection be required of the collection company or contract except under special circumstances determined by the director, for example, for disabled or elderly participants. D. All persons and residences within the territorial limits of the city are prohibited from disposing any yard waste in any garbage, solid waste, or recyclable container other than a designated yard waste container. Sec. 7.03.050. Solid waste handling service. A. All persons accumulating garage solid waste in the city shall place and accumulate garbage solid waste in garbage cans or garbage units, mobile carts teters, or detachable containers as required by this chapter. Exeept as ....evide,l in rrrr waste system ands the solid waste ,.tik-ty e te e f t rider. a „treet ...:th eelleetion eampanies. All peffiens and e e.l p pei4y shall be e whether or- net siaeh per-sens and pfepertyuse the sen,iee. The a:-eeter ,. , showing that a per-son of pfepefty produees ne selid waste, detennine net to enfer-ee the pr-evisiefts of this seetien B. It shall be unlawful to deposit, throw, or place any garbage solid waste in any land, alley, street or other public place, or to deposit, throw or place any garbage solid waste on any private property regardless of ownership, unless the garbage solid waste is placed in garbage cans, containers, or cartsteter , the covers of which shall not be removed except when necessary for the depositing or removing of garbage solid waste. Boxes, small barrels, cartons, scraps of wooden crates and boxes, broken up household furniture and equipment, paper, hollowware and rubbish in general, may be broken up or cut up and placed in garbage units, consistent with this chapter or as approved by the director. C. Any garbage can when filled shall not weigh more than seventy-five (75) pounds and shall be packed so that the contents thereof will dump out readily when the can is inverted. All garbage cans and garbage units shall be placed in convenient, accessible locations upon the ground level or ground floor and as near as practicable to 9 Solid Waste Collection the approximate rear of the building or near the alley, street or road at which collection trucks are to be loaded; all walks, paths and driveways to the place of loading shall have an overhead clearance of not less than eight (8) feet. D. Any mobile carttetff when filled shall not weigh more than one hundred eighty (180) pounds, or as otherwise regulated by the director, and shall be so packed that the contents thereof will dump out readily. All mobile cartsteters shall be placed at curbside or alley before 7:00 a.m. and removed from the curb or alley as soon as possible after collection, but no later than 7:00 p.m. E. Any person accumulating gauge solid waste in the downtown or suburban business areas whose location requires the placing of cans, containers, or units on a sidewalk or alley for collection shall not place the same on a sidewalk or alley until the close of each business day, and shall remove cans from sidewalk or alley immediately after the opening for business each morning. F. Dangerous and other waste: 1. No hot ashes or other hot material, dirt, sand, rocks, gasoline, solvents, oil, paint or dangerous or hazardous wastes shall be placed in any garbage can, garbage unit, detachable container or mobile toter for collection or removal. All kitchen, table and cooking waste before being deposited in garbage cans, garbage units, detachable containers, or mobile teterscarts shall be drained and wrapped in paper or other material in such a manner as to prevent as nearly as possible moisture from such garbage solid waste from coming in contact with sides or bottoms of the containers. 2. As used in this section, "dangerous or hazardous wastes" means any solid waste designated as dangerous or hazardous waste by the State Department of Ecology, and such wastes shall be disposed of consistent with Department of Ecology rules and regulations. G. When use of garbage cans is allowed or required, sufficient garbage cans must be provided for the collection of all garbage cans as defined in this chapter. Worn out and improper cans shall be discarded. H. Residential units shall use mobile cartsteters unless otherwise authorized by the collection company or by the director. Certain mobile cartstetere shall be provided by 10 Solid Waste Collection the collection company for the health, safety, convenience, and general welfare of the residences and their occupants. All mobile cartsteters provided by the collection company shall remain the property of the collection company. The containers shall not be damaged, destroyed or removed from the premises by any person. Markings and identification devices on the containers, except as placed or specifically permitted by the collection company, are expressly prohibited and shall be regarded as damage to the containers. I. It shall be unlawful, except as authorized by the owner, collection company or the city, to deposit any garbage solid waste or other material in any garbage can, garbage unit, detachable container or mobile toter or to remove the covers therefrom. The covers shall be securely placed on each can, toter or unit at all times, except when it is necessary to remove same for deposit or at times of collection. J. Effeetive November , ,nn4 ..yard waste collected by collection companies shall be deposited in containers provided or approved by collection companies or by the director, and disposed of as provided for in this chapter or authorized by the director. Nothing in this chapter shall prohibit persons from composting yard waste on property owned or leased by such persons. Compost facilities shall be operated and maintained consistent with other applicable laws and regulations. Sec. 7.03.060. Hours of collection. All gar-bag e solid waste recyclable materials and yard waste will be collected within the boundaries of the city as follows: 1. Residential pick-ups shall be made , Monday through Friday from 7:00 a.m. to 4:00 p.m. unless otherwise approved by the director e4y in writing. Solid waste pick-ups shall be made one (1) day per week. Residential materials and yard waste may be picked up less frequently as approved by the director. Residential collection shall be at curbside unless otherwise agreed upon. 2. Commercial pick-ups may begin at 4:00 a.m., Monday through Friday and may be made as often as required; provided, however, that in commercial areas abutting residential neighborhoods, pick-ups shall be limited to days and times set forth in subsection (1) above. 11 Solid Waste Collection Sec. 7.03.070. Special regulations. The city reserves the right to prescribe special regulations for the collection of garbage and solid waste from the construction or repair of buildings, waste products from manufacturing plants, refuse of peculiar quality or garbage solid waste which may be thoroughly offensive or dangerous to haul through the streets or alleys of the city. The requirements for solid waste, recyclable materials, and yard waste collections, as set forth in the provisions of this chapter, may be modified by contract with the collection companies when approved by the city council and the affected collection company. Sec. 7.03.080. Location of containers. A. The location of detachable containers, garbage cans or units, or mobile cartsteters of commercial, industrial or multifamily dwellings shall be subject to inspection by the fire department and must be relocated in areas with a reduced or a nonexistent fire hazard as necessary. B. The location of the mobile cartsteters in conjunction with the residential pick- ups shall be at curbside. Persons with physical constraints, unable to bring er garbage solid waste and recyclable materials to the curbside for collection, may be granted an exemption from doing so by the collection company. Sec. 7.03.085. Recycling space requirements. A. Storage space and collection points for recyclables. Developments shall provide storage space for the collection of recyclables as follows: 1. The storage space for residential uses shall be provided at the rate of one and one-half(1 1/2) square feet per dwelling unit in apartment and condominium developments except when the development is subject to a city/county sponsored or approved direct collection program. 2. The storage space for nonresidential uses shall be provided at the following rate: 12 Solid Waste Collection a. Two (2) square feet per every one thousand (1,000) square feet of building gross floor area in office educational and institutional developments; b. Three (3) square feet per every one thousand (1,000) square feet of building gross floor area in manufacturing and other nonresidential developments; C. Five (5) square feet per every one thousand (1,000) square feet of building gross floor area in retail developments. B. Collection points for recyclables. Developments shall provide collection points for recyclables as follows: 1. The storage space for residential developments shall be apportioned and located in collection points as follows: a. The required storage area shall be dispersed in collection points throughout the site when a residential development comprises more than one (1) building. b. There shall be one (1) collection point for every thirty (30) dwelling units. C. No dwelling unit within the development shall be more than two hundred (200) feet from a collection point. d. Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic on site, or project into any public right-of-way. 2. The storage space for nonresidential development shall be apportioned and located in collection points as follows: a. Storage space may be allocated to a centralized collection point. b. Outdoor collection points shall not be located in any required setback areas. C. Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic onsite, or project into any public right-of-way. 13 Solid Waste Collection d. Outdoor collection points serving more than one (1) building within any single development are subject to the prior approval of the city's director of public works. C. Collection point design. The collection points shall be designed as follows: 1. Dimensions of the collection points shall be of sufficient width and depth to enclose containers for recyclables. 2. Architectural design of any structure enclosing an outdoor collection point or any building primarily used to container a collection point shall be consistent with the design of the primary structure(s) on the site. 3. Collection points shall be identified by signs not to exceed two (2) square feet. 4. A six (6) foot wall or fence shall enclose any outdoor collection point, excluding collection points located in industrial developments that are greater than one hundred (100) feet from residentially zoned property. 5. Access to collection points may be limited, except during regular business hours and/or specified collection hours. 6. Enclosures for outdoor collection points and buildings used primarily to contain a collection point shall have gate openings at least twelve (12) feet wide for haulers. In addition, the gate opening for any building or other roofed structure used primarily as a collection point shall have a vertical clearance of at least twelve (12) feet. 7. Weather protection of recyclables shall be ensured by using weatherproof containers or by providing a roof over the storage area. 8. Collection points shall be located in a manner so that hauling trucks do not obstruct pedestrian or vehicle traffic onsite, or project into any public right-of-way. Sec. 7.03.090. King County system designated. A. All solid waste generated .vithin the corporate limits of the city shall be disposed at a King County solid waste disposal facility. 14 Solid Waste Collection B. King County is authorized to designate disposal sites for the disposal of all solid waste generated within the city. C. No solid waste may be diverted from the disposal sites designated by King County without King County approval. D. The provisions of this section shall not apply and shall not affect the disposal of solid waste which is eliminated through waste reduction or waste recycling activities which have been coordinated with King County pursuant to the agreement between King County and the city concerning use of King County solid waste disposal facilities. E. King County regulations or ordinances regarding levels and types of service for any aspect of solid waste handling shall not apply within the limits of the city except as provided in this chapter. Sec. 7.03.100. King County comprehensive solid waste management plan adopted. A. The city hereby adopts the King County comprehensive solid waste management plan with addenda as recommended by the solid waste interlocal forum through resolution 89005 (hereinafter "plan"). The plan as adopted in this section is further designated for the exercise of substantive authority under the State Environmental Policy Act rules pursuant to RCW 43.21C.060. B. Pursuant to RCW 70.95.160, the city hereby determines that King County shall not exercise any powers regarding the levels and types of service for any aspect of solid waste handling in the city. King County regulations and ordinances regarding levels and types of service for any aspect of solid waste handling shall not apply within the corporate limits of the city as may be now or hereafter determined by the city. C. Pursuant to RCW 70.95.030, the city hereby designates the following materials as recyclable materials: 1. Container glass; 2. Paper; 3. Aluminum; 15 Solid Waste Collection 4. Tin cans; 5. Plastic. Other materials may be designated as recyclable as markets become available and as the net cost of collecting and recycling that material becomes equal to or less than the cost of collection, transfer, long haul and disposal. Items in the above list may be removed due to market or other variation. D. The city shall determine solid waste and recycling collection rates, if any, by ordinance and not as set forth in the plan. E. The director of public works is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this section. Sec. 7.03.110. Lien for utility services. A. Pursuant to Chapter 35.21 RCW, liens are authorized by this code against property for which solid waste, recyclable materials, or yard waste collection services have been provided by collection companies operating under contract with the solid waste utility. B. Charges for solid waste collection and disposal, recyclable collection and disposal, and yard waste collection and disposal services are set by collection companies consistent with solid waste utility contracts with the city. Upon failure to pay the charges within the time provided for in invoices and/or bills issued by collection companies, the amount thereof shall become a lien against the property for which the solid waste, recyclable material, or yard waste collection service is rendered. C. A notice of the lien authorized by this section shall specify the charges, the period covered by the charges, and the legal description of the property sought to be charged. The notice shall be filed with the county auditor within the time required and shall be foreclosed in the manner and within the time prescribed for liens for labor and material. D. Liens authorized by this section shall be prior to all liens and encumbrances filed subsequent to the filing of the notice of lien with the county auditor, except the 16 Solid Waste Collection lien of general taxes and local improvement assessments whether levied prior or subsequent thereto. E. Collection companies seeking to exercise rights under this section shall have current, executed contracts for solid waste handling with the city authorizing the rights herein and providing for the method of such lien enforcement. Se, 7.03.120 lvetiee of Aolation , t perse« believed to he responsible for the a «d;t;o« The_«otiee shall be n .ed by .tee.- 1 b United ited State it dd ed t the last 1.«e�„.. address o f th llviJOl�jGT�TGG�1-'LrTZT311TGQ�r'QSG j—ll-Iari�aasco�a toZ.[r .».a. .viv »a+u.wa yr ti.v owner-, tenant a other pefsen Fespensible f r the .. «d;tie« The «etiee shall state eemply with the ehapter. A r-easenable time fef eemplianee shall be established in the ne iee. E. The et:ee of violation shall of b amended by the di.eater- to ifielude additional elat:—iso«a a iesuh of a;iy feinspeetien f f e «hanee_er- ethef pufpeses exee«t epon a elear she..•:..D,. that the a ndmeat e f.-. the «mteet:o« of publ:e safety, health and g .al . .Yale and that the additional yielat;en did net a :nt ..ld not rease«ably, have been disee..efed at the time of er:o;«al ; eet;e« See. 7.03.130. Time to «1.• When ealeulating a reasonable tim F r eempl:a the d: e m ete hall tale e :de at; c e, 2. The intent of a Fespenn:hle part.' to_eemply ifs.n intent has — Sea. 7.03.140. €}4ensi©n of eempliaaee date. AR extension ef tn«xe—Fro r «t of a .-itten request theFef:.. The director m ,;theut_a written Fequest t.raFA 17 Solid Waste Collection an extensien of time aftef finding that fequifed eetiefis hwe beeft stafted and that the A. t:In addien to ether retie„ medial eedur-e wh:eh May be available, miy per-sen failing to eemply with a nefiee ef viela4ien ef this ehapter- shall he s..hieet to a ..lati.,e penalty in the a nt e£fifty della. ($50) per day fer- eaeh elat:en Gem the date set F r a nt:anee z ntil the_net:ee_e£ yielat:en is eemplied with. Per-seas failing to eemply with a fiefiee ef vielatieft in eenneetien with a ven4tire- entered :nte for- „tart shall he snh:eet to a etim..latiye penalty in the a nt e£ e fie h..nd..ed dollars ($100) per day. The penalty Fe.- F Aare to eemnly with a et:ee e£ B. The penalty imposed ..ed h this seerien shall he eelteeted_by ei..a aerie.. hre..eht : D shall, � a with the ist £th d: t tale a i_are_a..ri�m to eelleer the Pe„alty anee e e reeeri G. Whenever- solid waste deposited thren a nlaeed .zietatien e£this ehanter e .., stains three (3) a mere items hearing, e£ene(1) individual a J then whenever metes , eh:ele trailer used the eti .it. identified b. its li plate :t shall he rz e e nres.,med that the individual ...here name appears n the items or- to whem the vehiele ef trailer is registered eemmitted the unlawM aet. The defendant shall have an assert.,nit.. to «eh..t the p ..tie., and m when, as F,.lt er na.+ial mitigat:en e£ habilityi 1. That the ..:elation giving rise re the aetien was ea..sed by the wilful aat nealeer a abuse f'..se enether. e f f 2. That a eetien e£the . elation was eemmeneed—ter-emptly open r-eeeipt £e e no. thtih but that full a .. within lianee ithin the times ei f ed was e e«ted yr u ee thereof-, ethers nditie..a or eifeumstanees he..and the a ntrel e£the defendant 18 Solid Waste Collection See. 7.03.160. Summar-y abatement. A. The eity eetineil-may, after- a repCf4 has-been filed by the-difeeter and the nreneh,, a e,- ♦ er h ..efsen fe„ant etef sihle r- the edit:en has had onneh„niS.. }� he heard, by a fd nenee r-equife ,eh per-son to_abate n nuisanee h„ ref and n.l disposale /re the e,- y M nh e .,'s st and 1V f.. e expense with: tifn ifid the di if the al Rd d �. a e e. nl is et aeeemplished within the time speeifted, the di-eetef m plate the attisanee and- . B. The A: .veter may also eel relief : Ft toef�eiaanynets p aetiees and abate n nditien wh:eh n nstit„tes er will ionetit„te-n v elatien e f thin eempl-ianee. Sec. 7.03.4-7-9120. Violation, penalty. A. Any violation of any provision of this chapter is a civil violation as provided for in Ch. 1.04 KCC, for which a monetary penalty may be assessed and abatement may be required as provided therein. AB.. In addition to or as an alternative to any penalty provided in this chapter, Aanyone violating or failing to comply with KCC 7.03.020 through 7.03.050 shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for a period of not exceeding one (1) year, or by both such fine and imprisonment. B. Altematively, anyone Fai 5 he ubjeet to a eivil penalty in the afneunt of fifty dellar-s (S50) per- day -fer- eh . SECTION 2. - Severability. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision 19 Solid Waste Collection shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. — Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY PASSED: day of 12001. APPROVED: day of , 2001. PUBLISHED: day of 12001. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK cPA U$RLAN'PVBLIC[iMOrdinoar5olidWsp.gOpl Reviuoos dse 20 Solid Waste Collection First Reading: January 2, 2001 SOLID WASTE COLLECTION AND DISPOSAL, RECYCLING AND PROCESSING CONTRACT Between THE CITY OF KENT and KENT-MERIDIAN DISPOSAL APRIL 1, 2001- MARCH 31,2011 12/20/00 11:17 AM TABLE OF CONTENTS Page ARTICLE1. DEFINITIONS..............................................................................................2 ARTICLE 2. GENERAL PROVISIONS...........................................................................5 2.1 Term................................................................................................................5 2.2 Work to be Performed.....................................................................................5 2.3 Minimum Level of Service and Self Haul......................................................5 2.4 Annexation......................................................................................................5 2.5 Contractor to Make Examination....................................................................6 ARTICLE 3. OPERATIONS..............................................................................................7 3.1 Collection........................................................................................................7 3.1.1 Route Map and Route Changes .......................................................7 3.1.2 Collection Schedule.........................................................................7 3.1.3 Collection at City-Owned Sites .......................................................7 3.1.4 Holiday Schedule.............................................................................8 3.1.5 Inclement Weather...........................................................................8 3.1.6 Missed Collections and Special Collections....................................8 3.1.7 Solid Waste, Recyclable Materials, or Yard Waste Left Behind by Contractor...............................................................9 3.1.8 Semiannual Clean-Up Weeks and Special Events...........................9 3.2 Solid Waste and Recyclable Materials Containers.........................................9 3.2.1 Residential Solid Waste Containers.................................................9 3.2.2 Residential Recycling Containers....................................................9 3.2.3 Residential Yard Waste Containers...............................................10 3.2.4 Commercial Containers .................................................................10 3.2.5 Containers Generally. ....................................................................10 3.3 Contractor Service ........................................................................................10 3.3.1 New Customers..............................................................................10 3.3.2 Special Disabled Service ...............................................................10 3.4 Hauling and Disposal of Solid Wastes .........................................................11 3.4.1 Responsibility for Spills; Delivery to Disposal Site......................11 3.4.2 Hazardous Materials. .....................................................................11 3.5 Recycling and Yard Waste Collection and Processing.................................11 3.5.1 Required Services ..........................................................................11 3.5.2 Expanded Collection, Disposal, and Recycling.............................12 3.5.3 Landfill and Incineration Prohibited..............................................12 3.5.4 Material Delivery Standards..........................................................12 3.5.5 Eligible Recyclable Materials........................................................12 3.5.6 Other..............................................................................................13 12/20/00 1 L 17 AM -1- Pa e 3.6 Local Improvements.....................................................................................13 3.7 Contractor's Office. ......................................................................................13 3.8 Contractor's Records and Audit. ..................................................................14 3.8.1 City Access to Contractor Records................................................14 3.8.2 Compliance with Law; Documentation; Confidential Business Records...........................................................................14 3.8.3 Disclosure Demands. .....................................................................14 3.8.4 Monthly Reports............................................................................15 3.8.5 Dump Receipts...............................................................................15 3.8.6 Customer Count.............................................................................15 3.8.7 Complaint Log ..............................................................................15 3.9 Contractor's Employees................................................................................15 3.9.1 Demeanor.......................................................................................15 3.9.2 Collection Procedures................................................................ ...15 3.9.3 Skills..............................................................................................15 3.10 Contractor's Equipment................................................................................15 3.10.1 Collection Vehicles........................................................................15 3.10.2 Collection Vehicle Maintenance....................................................16 3.10.3 Equipment Ownership ...................................................................16 3.11 Illegal Weights..............................................................................................16 ARTICLE 4. GUARANTEES, INSURANCE AND DEFAULTS.................................16 4.1 Violation of Ordinance .................................................................................16 4.2 Indemnification.............................................................................................16 4.2.1 Contractor's Indemnification of City.............................................16 4.2.2 Claims Subject to Indemnification ................................................17 4.2.3 City Liability to Contractor............................................................17 4.2.4 Notice to Contractor; Defense. ......................................................17 4.2.5 Applicability of RCW 4.24.115.....................................................18 4.2.6 Indemnification for Claims of Contractor's Employees................18 4.2.7 Royalties; License Fees; Patents....................................................18 4.2.8 No Indemnity Waiver. ...................................................................18 4.2.9 Indemnification Surviving Termination ........................................18 4.3 Damage to Property......................................................................................is 4.4 Liability Insurance........................................................................................19 4.4.1 General Requirements....................................................................19 4.4.2 Coverages of Liability Policy. .......................................................19 4.4.3 Minimum Limits............................................................................19 4.4.4 Required Endorsements.................................................................19 4.4.5 ACORD Form................................................................................20 _ 4.4.6 Compliance Required ....................................................................20 4.5 Payment of Claims........................................................................................21 4.6 Liens..............................................................................................................21 12/20/00 11:17 AM -11- Page 4.6.1 Authority........................................................................................21 4.6.2 Procedure.......................................................................................21 4.6.3 Lien Foreclosure-Indemnification.................................................21 4.7 Default; Failure to Perform Contractual Obligations ...................................22 4.7.1 Contractor Default.........................................................................22 4.7.2 Consequences of Category A Default............................................23 4.7.3 Category B Default; Liquidated Damages.....................................23 4.7.4 Dispute Resolution.........................................................................26 4.7.5 Enforcement of Contract................................................................26 4.7.6 Right to Require Performance .......................................................26 4.7.7 Interruption of Contract Services ..................................................26 4.8 Bankruptcy....................................................................................................26 4.9 Force Majeure...............................................................................................26 ARTICLE 5. COMPENSATION .....................................................................................27 5.1 Commercial Rates.........................................................................................27 5.2 Residential Rates...........................................................................................27 5.3 Residential and Commercial Rate Adjustments (CPI) .................................27 5.4 Residential and Commercial Rate Adjustments—(other) ............................27 5.5 Other.............................................................................................................28 5.6 Rate Audit.....................................................................................................28 5.7 Dump Fees....................................................................................................28 5.8 Billing and Payment......................................................................................28 5.9 Collection......................................................................................................28 5.10 City Fees or Taxes ........................................................................................28 ARTICLE 6. MISCELLANEOUS PROVISIONS .........................................................29 6.1 Independent Contractor.................................................................................29 6.1.1 Contractor as Independent Contractor..............................................29 6.1.2 Contractor's Control of Project.........................................................29 6.2 Assignment ...................................................................................................29 6.2.1 Nonassignment of the Contract.........................................................29 6.2.2 Change in Control.............................................................................29 6.2.3 Binding Effect...................................................................................30 6.3 Applicable Law.............................................................................................30 6.4 Quality of Performance.................................................................................30 6.5 Contract.........................................................................................................30 6.5.1 Meaning of Contract Terms..............................................................30 6.5.2 Definitions Defined in RCW 70.95 and WAC 173-304...................30 6.5.3 Conflicting Definitions.....................................................................30 6.5.4 Entire Contract..................................................................................30 6.5.5 Amendment.......................................................................................31 12/20/00 11:17 Aht -111- Paee 6.5.6 Successors.........................................................................................31 6.6 Intent of Contract Documents........................................ .............................31 6.6.1 Comprehensive Contract...................................................................31 6.6.2 Comprehensive Services...................................................................31 6.6.3 No Waiver of Governmental Powers................................................31 6.7 Facilities and Personnel................................................................................31 6.8 Time of the Essence......................................................................................31 6.9 Payment of Subcontractors and Agents........................................................31 6.10 Third-Party Beneficiaries..............................................................................32 6.11 Personnel Practices; Nondiscrimination.......................................................32 6.12 OSHA/WISHA.............................................................................................32 6.13 Contract Administration; Notices.................................................................32 6.13.1 City of Kent Representative..............................................................32 6.13.2 Contractor's Representative..............................................................33 6.13.3 Notices..............................................................................................33 6.14 Taxes, Permits and Fees................................................................................33 6.14.1 Contractor's Permits and Licenses ...................................................33 6.14.2 Other Taxes.......................................................................................33 6.15 Fines; Penalties.............................................................................................34 6.16 Dissolution of the City and Successor to the City........................................34 6.17 No Personal Liability....................................................................................34 6.18 Severability...................................................................................................34 6.19 Waivers.........................................................................................................34 6.20 Disagreements...............................................................................................34 6.21 Governmental Authority...............................................................................34 LIST OF APPENDICES Appendix A: Legal Description of Core Areas Appendix B: Listing and Map of City-Owned Buildings, Parks, and Sidewalk Containers to which Collection Services Apply Appendix C: Commercial Rates Appendix D: Residential Rates 12/20/00 11:16 AM -iv- SOLID WASTE COLLECTION AND DISPOSAL, RECYCLING AND PROCESSING CONTRACT Between THE CITY OF KENT and KENT-NIERIDIAN DISPOSAL This Contract is made and entered into on the last date fully executed below, by and between the CITY OF KENT, WASHINGTON (the "City"), a Washington municipal corporation, and KENT-MERIDIAN DISPOSAL COMPANY, a Washington general partnership whose partners include Fiorito Enterprises, Inc., a Washington corporation, Rabanco Companies, a _ Washington general partnership, and Rabanco, Ltd., a Washington corporation, its managing partner ("Kent-Meridian Disposal") (hereinafter called "Kent-Meridian Disposal" or the "Contractor"). RECITALS WHEREAS, it is essential that residential, commercial and industrial solid waste be reduced and properly collected, recycled, and disposed of in order to avoid adverse environmental and social effects; and WHEREAS, the Contractor is qualified to provide solid waste collection and recycling services, including processing and distribution of recyclable materials to end markets, in accordance with the terms of this Contract; and WHEREAS, the Contractor agrees for the consideration stated to collect and dispose of solid waste, and to collect, process and market recyclable materials and yard waste collected within the City of Kent in accordance with this Contract; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein contained, THE CITY OF KENT and CONTRACTOR, hereby agree as follows: 12/20/00 10:59 AM -1- ARTICLE 1 Definitions 1. "Annexed Areas I": Those areas annexed into the City of Kent after June 12, 1957 (annexed to the Core Area), within which Residential Customers will be serviced by Contractor, and within which Commercial Customers will be serviced by Waste Management of Washington, Inc., d/b/a Tri-Star Disposal. 2. "Annexed Areas II": Those areas annexed into the City of Kent after April 1, 1991, or will in the future be annexed into the City of Kent (annexed to the Core Area and Annexed Areas I), within which Commercial and Residential Customers serviced by Contractor at the time of annexation will continue to be serviced by Contractor and within which Commercial and Residential Customers serviced by Waste Management of Washington, Inc., d/b/a Tri-Star Disposal at the time of annexation will continue to be serviced by Waste Management of Washington, Inc., d/b/a Tri-Star Disposal. 3. "City": The City of Kent, Washington. 4. "Commercial Areas": All areas in both the Core Area and Annexed Areas I and Annexed Areas II where Commercial Customers are located. 5. "Contract": This Solid Waste Collection and Disposal, Recycling and Processing Contract, its Appendices, and any amendments thereto. 6. "Contractor": Kent-Meridian Disposal. 7. "Contractor's Service Area" or "Service Area": All Residential and Commercial Customers within the Core Area, all Residential Customers in Annexed Areas I, and those Commercial and Residential Customers, if any, in Annexed Areas II serviced by Contractor on the date of annexation of such area(s). 8. "Commercial Customer(s)": All Customers that are not included within the definition of"Residential Customers" set forth below, which are within Contractor's Service Areas. Commercial Customers include Commercial Multi-family Customers as defined below. 9. "Commercial Multi-familv Customers)": Multi-family residences containing more than four(4) dwelling units. 10. "Core Area": Historically, the city limits of Kent as it existed as of June 12, 1957, within which both Residential and Commercial Customers are to be serviced by Kent-Meridian Disposal, and as legally described in Appendix A. _ 11. "Count ': King County, a political subdivision of the State of Washington, its successors or assigns. 12/20/00 11:22 ANI -2- 12. "Curb" or "Curbside": On the Customer's property, within five feet of the public street without blocking sidewalks, driveways, or on-street parking. If extraordinary circumstances preclude such a location for purposes of the collection of Solid Waste, Recyclable Materials, and Yard Waste, Curbside shall mean an alternate location suitable to the Customer, convenient to the Contractor's equipment, and mutually agreed to by the City and the Contractor. 13. "Customer(s)": Residential and Commercial Customers located within Contractor's Service Areas. 14. "Director": Director of Public Works, City of Kent, Washington, or such other representative as may be designated by the Mayor. 15. "Facility" or "Facilities": The Facility or Facilities owned, operated or used by the Contractor to perform its obligations under the Contract to pick up, transfer, load, unload, transport and dispose of Solid Waste and Recyclable Materials including but not limited to the transfer stations, transportation facilities, locations of delivery of all garbage, refuse or other Solid Waste to the King County Solid Waste System, Recyclable Materials Processing facilities, and any other Facilities or equipment described in the Contract or as designated by the City. 16. "Garbage Can": A watertight, galvanized, sheet metal, raised-bottom container or suitable plastic container not exceeding four (4) cubic feet or thirty-two (32) gallons in capacity, weighing not over twenty-two (22) pounds when empty or sixty-five (65) pounds when full, fitted with two (2) sturdy handles, one (1) on each side and a tight cover equipped with a handle. 17. "Hazardous Waste": "Hazardous waste" under the Resource Conservation and Recovery Act, 42 U.S.C. §§ 69.01-69.87, as amended, or rules and regulations thereunder, or identified or defined as "extremely hazardous wastes" or as "dangerous wastes" under Chapters 70.105 or 70.105A RCW, or special wastes as defined in WAC 173-303, or rules and regulations thereunder. 18. "Material": Solid Waste, Recyclable Materials, and Yard Waste as defined herein. 19. "Inaccessible Area": Any road that does not allow safe access, turnaround, or clearance for the Contractor's collection vehicles. 20. "Mobile Cart": A movable container that holds at least 60 gallons of Solid Waste, with a hinged-lid with a tight fit, thick skinned one-piece balanced weight body that sets on tires, which may be picked up at Curbside with a hydraulic dumping mechanism. The Director may approve Contractor use of alternative sizes of Mobile Carts. 21. "Party" or"Parties": The City of Kent, Washington; and Kent-Meridian Disposal. 22. "Processor": The Recycling Processing Center(s) designated from time to time by the Contractor to process and market Recyclable Materials, to be separated as determined by the Contractor. 11/20/00 10:58 AM -3- 23. "Recyclable Materials": Waste materials generated in the City of Kent capable of reuse from a waste stream as designated by the Director, including but not limited to sorted or unsorted newsprint, glass, aluminum, ferrous and nonferrous cans, plastic materials, mixed paper, and cardboard accumulated and intended for recycling or reuse and collection by the Contractor. The term Recyclable Materials is more specifically defined in section 3.5.5. This term excludes all hazardous wastes and solid wastes intended for disposal in a landfill, incinerator, or solid waste disposal facility under WAC 173-304. All Recyclable Materials intended for collection by the Contractor shall remain the responsibility and ownership of the Customer until such Materials as contained in designated Recycle Containers are placed out for collection for the Contractor. Such Materials then become the responsibility and property of the Contractor subject to the right of the Customer to claim lost property of value. Unless otherwise noted, the term Recyclable(s) shall include Yard Waste. 24. "Residential Customers)": Customers dwelling in one-unit houses, mobile homes, and multi-family residences containing no more than four (4) dwelling units such as duplexes, tri- plexes, and four-plexes which are within Contractor's Service Areas. 25. "Service": Any and all matters and things that are required to be done, kept, performed and furnished under this Contract. 26. "Solid Waste": Shall be as defined by RCW 70.95.030 and WAC 173-304-100(73), and shall not include sludge from waste water treatment plants, septage from septic tanks, extremely hazardous waste, hazardous waste, dangerous waste, special waste, and problem wastes as defined in WAC 173-204 and 173-303, and RCW 70.105 and 70.105A. 27. "Solid Waste Utility": The City system of Solid Waste handling under Chapters 35.21 and 35.67 RCW and the Kent City Code. 28. "Work": Work includes those tasks to be performed consisting of the collection, disposal and/or processing of all Solid Waste and Recyclable Materials accumulated in the City. Work excludes all hazardous waste. 29. "WUTC": The Washington Utilities and Transportation Commission. 30. "Yard Waste": Compostable organic Material including leaves, grass, branches, brush, flowers, tree wood waste, and other biodegradable waste that may be designated by the Director. Yard Waste includes limbs and branches not over four (4) inches in diameter or four (4) feet in length. Yard Waste does not include animal waste, rocks, dirt, significant amounts of sod, and demolition debris such as concrete, wall board, lumber or roofing material, except incidental amounts. i a'2o 0o 11:24 A%I -4- ARTICLE 2 General Provisions 2.1 Term. The term of this Contract shall be for a period of ten (10) years commencing on the 1st day of January 2001 and terminating after ten (10) years on December 31, 2011. The Contract, entitled "Solid Waste Collection and Disposal, Commercial Recycling and Processing, and General Contract," executed by the parties on or about December 1992 for service for the period April 1, 1991 through March 31, 2001, is hereby superseded and terminated on the effective date of this Agreement. 2.2 Work to be Performed. Subject to preemptive federal or state Iaw, and the Solid Waste Disposal Agreement Between King County and the City of Kent, dated December 31, 1986, the work to be performed consists of the Contractor's exclusive right to collect, haul and transport Solid Waste, Recyclable Materials, and Yard Waste as defined herein and in Kent City Code Chapter 7.03, as amended, from those Residential and Commercial Customers as defined in Contractor's Service Area(s) for Solid Waste disposal and/or delivery to Recyclable Materials processing centers for the term of this Contract and in accordance with the provisions hereof, provided, however, that any areas within the City heretofore or hereafter annexed which are subject to a franchise or WUTC certificate held by third parties pursuant to RCW 35A.14.900 are hereby excluded from the terms of this Contract until such time as the City has complied with the provisions of RCW 35A.14.900 and the franchise or permit has terminated. Areas annexed to the City which are serviced by Contractor with a franchise or a WUTC certificate are subject to section 2.4 of this Contract. 2.3 Minimum Level of Service and Self Haul. Pursuant to Kent City Code Chapter 7.03, all persons and property shall be subject to and responsible for the minimum level of service and charges for service for residential and commercial solid waste, and residential and commercial multi-family recyclable materials, whether or not such persons or property use the service, except as otherwise provided for in Chapter 7.03. Contractor's exclusive right granted herein shall not limit the right of waste generators to collect, transport, process, store and dispose of any Solid Waste, Recyclable Materials, or Yard Waste generated solely from their specific property, nor shall it limit waste generators' rights to contract with third parties (e.g., landscape or yard maintenance companies) to transport, process, store and dispose of Yard Waste so long as the third party's treatment of Yard Waste is incidental to the service the third party is providing the resident. With the exception of self hauling by waste generators and the City's contractors and agents, no other use of, or scavenging of, Collected Materials is permitted without the permission of the City. 2.4 Annexation. If, during the life of this Contract, additional territory is added to the City through annexation within which the Contractor has an existing WUTC certificate or other franchise for Solid Waste, Recyclable and or Yard Waste at the time of annexation, the Contractor shall make collection in such annexed area in accordance with the provisions of this Contract at the unit prices set forth in this Contract. The City acknowledges that equipment, such as trucks, carts, and containers, may take time to procure and, therefore, shall not penalize the Contractor for delays 12.'20,00 10 58 Ah1 -5- in the provision of services to annexed areas due to procurement delays that are not within the reasonable control of the Contractor. In the event the City annexes areas within which the Contractor has an existing WUTC certificate or other franchise for Solid Waste and refuse collection and removal, the Contractor agrees, by accepting this Contract from the City, that the certificate or franchise applicable to the annexed areas shall be deemed canceled on the effective date of the annexation. The Contractor shall continue to service the area it previously served in the newly annexed areas under the terms and conditions set forth in this Contract and waives any and all claims or rights for compensation or damages as outlined in RCW 35A.14.900 from the City, its agents, officers or assigns arising out of the cancellation of the previous permit or franchise. The Contractor shall serve its Service Areas in the newly annexed areas for a term of not less than seven (7) years from the date of annexation, and the City, pursuant to RCW 35A.14.900 and as required by said statute, shall not extend similar or competing services to the annexed territory for a period of seven (7) years after the date of annexation, except upon a proper showing of inability or refusal of Contractor to adequately service newly annexed territory. The right granted hereunder to serve newly annexed territory for a term of seven (7) years from the date of annexation shall require such service to be in accordance with the terms of this Contract even if the Contract has otherwise expired. This Contract is in lieu of a franchise as provided in RCW 35A.14.900. 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 certificate 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 other than the compensation for services contained in this Contract. Contractor expressly waives and releases any claim to territory which it is not currently servicing as of the date of execution of this Contract, as well as of territory it is not servicing in any fixture annexed areas as of the date of such annexation. Both parties agree that in the event the City should elect to acquire Contractor's rights of collection prior to the expiration of the seven (7) year period subsequent to annexation, the City will pay fair market value for the remainder of the seven (7) year period. That payment shall satisfy any and all damages suffered or claims made by Contractor. If, during the life of the Contract, additional territory is added to the City through annexation within which the Contractor does not have an existing WUTC certificate or other franchise for Solid Waste or other collections, in such event and upon notice from the City, Contractor agrees to make collections in such annexed areas in accordance with the provisions of this Contract at the unit price set forth in this Contract. The City acknowledges that equipment, such as trucks, carts, and containers may take time to procure for distribution and, therefore, shall not penalize the Contractor for delays in the provision of services to annexed areas covered by the paragraph, due to procurement delays that are not reasonably within the control of the Contractor. 2.5 Contractor to Make Examination. The Contractor shall undertake its own examination, investigation, and research regarding the proper method of doing the Work, and all conditions affecting the work to be done; the labor, equipment, and materials needed; and the quantity of the work to be performed. The Contractor agrees that it is satisfied by its investigation 12.120,00 10.58 Aft -6- and research regarding all of such conditions, and that its conclusion to enter into this Contract is _ based upon such investigation and research, and that it shall make no claim against the City because of any of the estimates, statements, or interpretations made by any officer or agent of the City which may prove to be in any respect erroneous. The Contractor assumes the risk of all conditions foreseen or unforeseen and agrees to continue the work without additional compensation under whatever circumstances that may develop other than as herein provided. ARTICLE 3 Operations 3.1 Collection. 3.1.1 Route Map and Route Changes. For any residential collection work performed under this Contract, the Contractor shall show, on a map furnished to the Director, the day of the week when Solid Waste, Recyclables, and Yard Waste shall be collected from each area or route. The Contractor may change the day of collection giving notice to the Director and the Customers. Routing changes must include a new• route map. 3.1.2 Collection Schedule. Residential pickups shall be made Monday through Friday from 7:00 a.m. to 4:00 p.m., unless othenyise approved by the City in writing. Commercial pickups may take place at any time on the designated weekday, provided that the Contractor's operation does not disturb Residential Areas or Facilities. Should Residential Areas be interspersed _ with Commercial Areas, the collection times shall be limited to 7:00 a.m. to 4:00 p.m. The Director shall make the final decision on the suitability of collection hours for each route or location. The Director may reverse the decision with regard to the suitability of the collection hours at any time, and such decision shall take effect seven (7) days after written notice is sent to the Contractor. At a minimum, the Contractor shall make one Solid Waste collection per week from Residential and Commercial Customers and maintain a regular schedule, as approved by the director, for Recyclable Materials and Yard Waste collection from Residential and Commercial Customers. Residential collection shall be at Curbside with the exception of Customers with physical disabilities as provided for in section 3.3.2. Collection at buildings, places of business, or premises where Solid Waste and Recyclable Materials are accumulated or generated shall be made daily if necessary, or as requested. The Contractor shall comply with reasonable requirements of Customers with respect to security, location of containers and frequency of removal. 3.1.3 Collection at Cite-Owned Sites. The Contractor agrees to provide for the collection, removal, disposal of Solid "'aste, Recyclable Materials, and Yard Waste from City- owned and occupied buildings used only for governmental purposes and from City parks within Annexed Areas of the City. Such collection, removal and disposal shall be without charge to the City, provided that the Solid Waste, Recyclable Materials, and Yard Waste are placed in containers conveniently located for collection. Appendix B lists current City-owned buildings and parks to which this section applies. The Contractor further agrees to service all City sidewalk containers in the Contractor's area of service as often as needed, and at least once a week. Appendix B includes 12:20roo 10.58 AM -7- a map with the locations of current City sidewalk containers. Additions, deletions or changes in collection from City-owned buildings, parks and sidewalk containers shall be subject to change as directed by the City. The Director may waive the requirements of this section under special circumstances. 3.1.4 Holiday Schedule. The Contractor shall designate the holidays to be observed under this Contract. The Contractor shall determine the schedule to be worked if the holiday falls on a regular collection day. The Contractor shall provide the City with notice in writing of the change in collection schedule at least thirty (30) days prior to the holiday. The Contractor shall arrange to have the schedule published in a newspaper of general circulation within the corporate limits of the City. Deviation from the published schedule shall be subject to liquidated damages provided in section 4.7.3. 3.1.5 Inclement Weather. When weather conditions are such that continued operation would result in danger to collection staff, area residents or equipment, the Contractor shall collect only in areas that do not pose a danger. The Contractor, upon notice to the City, shall determine when inclement weather prevents the Contractor from providing service on a regularly scheduled collection day. For Customers with weekly collection service, the Contractor shall then make collection on the next regularly scheduled collection day for the customer whose collection was missed. For Customers with collection services less frequent than weekly, Contractor shall make collection within one week of the missed scheduled collection date, unless otherwise approved by the Director. When service is resumed, the Contractor shall pick up additional Solid Waste, Recyclable Materials, and Yard Wastc, up to the maximum volume the Customer would have left for collection during the interval when collections were missed, at no additional cost, and shall empty temporary receptacles, to the extent practicable, that Customers have used when the regular Solid Waste and Recyclable Matenals containers have been filled. In the event of an inclement weather condition that prevents the Contractor from providing the regularly scheduled service, the Contractor shall notify the City as soon as possible of the delay in the collection schedule and shall notify radio stations of the delay including, but not limited to, KIRO 710AM, KrNG 1090AM, and KOMO 1000A%I. The Contractor shall also notify the City when collections can resume and shall make such notice prior to resuming collections. On inclement weather days. Customers shall have the option of taking their Solid Waste to a King County Transfer Station. In these self-help cases, the Customer shall be entitled to an adjustment to the Customer's collection fee upon submittal by the Customer to the Contractor of a dump fee receipt. The amount of the ad.lustment will correspond to the normal rate structure and shall be calculated for the number of pickups for which service was provided by the Customer and not by the Contractor. The adjustment shall be deducted from the Contractor's next billing to the Customer. 3.1.6 Missed Collections and Special Collections. Adequate provision shall be made by the Contractor to provide special collections when Solid Waste, Recyclable Materials, or Yard Waste have not been collected due to Contractor error during the regularly scheduled trip. Special pickups for missed collections shall be made by the Contractor when ordered by the Director or his representative at no cost to the City or the Customer, except for misses caused by 12,20,00 10 58 AM -8- Customer error. If the Contractor fails to provide a special pickup within twenty-four(24) hours of notification by the Director or his representative (weekends excepted), the Director or his representative may cause the work to be done by City personnel. In any case, the Contractor shall pay liquidated damages for late special pickups or for failure to perform special pickups as provided for in section 4.7.3. The time count for assessing liquidated damages shall begin at the time of the notification by the Director or his representative. Should the City cause the work to be done by City personnel, the City shall charge the Contractor an additional $70 for each such pickup. 3.1.7 Solid Waste, Recyclable Materials, or Yard Waste Left Behind by Contractor. For residential work performed under this agreement, the Contractor must affix a tag to Containers of Solid Waste, Recyclable Materials, or Yard Waste left purposely to indicate why they were not picked up. The tag must notify Customers of the reason(s) the Containers were not emptied or collected and indicate possible remedies. After three successive denied collections, the Contractor shall also notify the City of the address where the Solid Waste, Recyclable Materials, or Yard Waste were not emptied or collected. Failure to notify Customers or the City may incur liquidated damages as provided in section 4.7.3. 3.1.8 Semiannual Clean-lip Weeks and Special Events. Pursuant to Kent City Code Chapter 7.03, the Contractor shall provide collection services as required by the City for the City's semiannual clean-up weeks for Commercial and Residential Customers. Each January, the Contractor shall pick up Christmas trees from the Commercial and Residential Customers within Contractor's Service Areas. Said services shall be provided at no additional cost to the City or the Commercial and Residential Customers. For purposes of the semiannual clean-up weeks and Christmas tree pick up, Commercial Customers means and is limited to Commercial Multi-family Customers. The Contractor shall also provide collection for special events as requested by the City. Charges for such services shall be determined through negotiations between the City and the Contractor based on the extent of service to be performed. 3.2 Solid Waste and Recvclable Materials Containers. 3 2.1 Residential Solid Waste Containers. At the election of each Residential Customer, the Contractor shall provide one sixty (60) or ninety (90) gallon "Mobile Cart" for the storage and collection of Solid Waste. The Contractor shall provide stickers or another identification method for differentiating among_ the Solid Waste, Recyclable Materials, and Yard 'Waste Mobile Carts. Nothing contained herein shall prohibit any Customers from providing their own garbage cans, as defined in Article 1 "Definitions," in lieu of using the Contractor's Mobile Cans, provided said container is compatible with the Contractor's equipment; in such cases the Customer shall be responsible for Container maintenance. 3.2.2 Residential Recvciinu, Containers. Contractor shall provide each residential customer with a recycling container(s) and utilize a collection/sort program as approved by the Director. If it is possible for a Customer to reduce the size of the Solid Waste container when installing a Recycle Container, the Contractor shall supply the appropriate size Solid Waste container. 12.20.00 10ss AM -9- 3.2.3 Residential Yard Waste Containers. Contractor shall provide each Customer with the opportunity to utilize either a Customer-owned Yard Waste Container, subject to Contractor approval, or to rent a Contractor-owned, Director approved, Yard Waste Container. The maximum volume of Yard Waste per Customer per collection day will be limited to ten (10) units. One (1) Contractor provided ninety (90) gallon Container, plus seven (7) units, is equivalent to ten (10) units. A garbage can, cardboard box, bundle or Kraft paper bag with a capacity not exceeding thirty-two (32) gallons in volume (approximate) and weighing no more than sixty-five (65) pounds when full, will constitute one (1) unit. 3.2.4 Commercial Containers. The Contractor shall provide Commercial Customers with appropriate containers for Solid Waste, Recyclable Materials and Yard Waste. Solid Waste Containers shall be separately identifiable from Recyclable Materials and Yard Waste Containers. The Commercial Recycle Containers shall be serviced by the Contractor on a scheduled or an on-call basis with a once-per-month pickup minimum. 3.2.5 Containers Generaltv. All Containers supplied by Contractor shall remain the property of the Contractor. In the event a Contractor-supplied Container(s) is damaged, destroyed, lost or stolen, Contractor shall, within seven (7) calendar days, replace the Container(s) at no cost to the Customer. If damage to any Contractor-supplied Container is due in whole or in part to the Customer's negligence, then the Contractor may seek compensation from the Customer for that damage, but only to the extent of the Customer's negligence or contributory fault. In the event a Customer-supplied Container(s) is damaged, destroyed or lost and if that damage, destruction, or loss is due in whole or in pan to the Contractor's negligence, Contractor shall, within seven (7) calendar days, replace the Container(s) at no cost to Customer. The location of Mobile Carts or containers shall be agreed upon between the Contractor and the Customer, provided that the location shall be consistent with the provisions of all City ordinances and at a minimum will be placed so as to avoid any hazard to the public both while on the Customer's premises and while being serviced by the Contractor. 3.3 Contractor Service. 3.3.1 New Customers. Upon becoming aware of a new Residential or Commercial Customer in the City, the Contractor shall provide Services to the new Customer within seven (7) days. If the Contractor is unable to provide the size of container ordered by the Customer within seven (7) days, the Contractor may temporarily provide the Customer with any size container, provided, however, the service provided to the Customer and the rate charged shall be commensurate with the size of the container ordered. Temporary containers shall be delivered within seven (7) days. See section 2.4 for information regarding annexations. 3.3.2 Special Disabled Service. The Contractor shall provide Special Disabled Service to Residential Customers that are unable to move their garage and/or recycling receptacles to the Curbside due to physical handicap, disability, or infirmity. The Contractor shall provide applications for Special Disabled Service to each Residential or Commercial Customer within fourteen (14) days of commencing Service and within seven (7) 12,20 00 10 58 Atit -10- days of the Contractor becoming aware of any new Customers. . The Contractor shall visit the residential or commercial establishment of applicants and shall screen applicants to determine legitimate need. Standards for legitimate need shall be determined by the City in consultation with the Contractor. The Contractor shall provide Special Disabled Service in cases where no employee of the Customer is physically able to move the mobile-cart(s) to the Curbside. In any case, the Contractor shall not be required to offer this service to more than five (5) percent of Residential and Commercial Customers. The Contractor will not be required to enter any commercial establishment in the course of providing Special Disabled Service. 3.4 Hauling and Disposal of Solid Wastes. 3.4.1 Responsibility for Spills; Delivery to Disposal Site. The Contractor shall practice caution in the loading and transportation of Solid Wastes so that any leaking, spilling or blowing is prevented. The Contractor shall immediately, or upon notice from the City, clean up any spills. The Contractor shall deliver at its cost all Solid Waste collected, except Hazardous Waste, under this Contract to the disposal sites approved by the City or designated in the King County Comprehensive Plan. The Contractor may seek adjustment in rates as a result of City designation of disposal sites in accordance with section 5.4. Upon request from the City, the Contractor shall furnish written evidence that it has necessary approvals and permits to utilize any site chosen for the duration of this Contract. The Contractor shall operate under applicable rules and regulations that may be a part of using such facilities for the disposal of Garbage. The _ Contractor shall not knowingly collect materials that violate the law or applicable Federal, State or County guidelines. 3.4.2 Hazardous Materials. Under no circumstances shall the Contractor knowingly deliver to King County disposal sites and Facilities any waste identified or defined as a "hazardous waste" as defined in Article I. Because violation of this section is cause for immediate termination of the City's agreement with the County, the Contractor shall be held strictly liable for any damages caused to the City due to the knowing violation of this section. Termination of the City's agreement with the County shall not terminate the Contractor's strict liability to the City and the County for knowing violation of this section. All Solid Waste or Recyclable Materials delivered by the City through its Contractor to King County disposal or processing Facilities shall be in compliance with the Federal Resource Conservation and Recovery Act, as amended; RCW Chapter 70.95; King County Board of Health Rules and Regulations No. VIII, as amended; and all other applicable federal, state, and local en%-ironnmental and health-related laws, rules, and regulations. 3.5 Recycling and Yard Waste Collection and Processing. 3.5.1 Required Services. The Contractor shall pay all costs of processing and marketing Recyclable Materials and Yard Waste. The Contractor shall deliver collected Recyclable Materials and Yard Waste to a recycling Processor selected by the Contractor with notice to the Director. The Contractor shall keep records of the tonnage of Recyclable Materials and Yard Waste collected and shall make a monthly report of the total tonnage to the City. 12,120,100 10:58 ANI -1 1- Consistent with the King County Solid Waste Management Plan,, to the extent practicable, such reports by Contractor shall include amounts of Recyclable Materials and Yard Waste by material type. Compensation received by the Contractor for Recyclable Materials and Yard Waste shall belong to the Contractor. 3.5.2 Expanded Collection, Disposal, and Recyclint?. Future collection, disposal, and recycling efforts that may be implemented by the City during the Contract period include additional collection, disposal, and recycling of other Materials not previously being collected, disposed, or recycled under this Contract. Such Materials include but are not limited to dangerous and hazardous wastes, used oil, batteries, and other waste. If such materials are to be collected, disposed, or recycled, the City agrees to negotiate rates with the Contractor to cover such additional services. 3.5.3 Landfill and Incineration Prohibited. All Recyclable Materials and Yard Waste must be transported and delivered to a Processor as designated by the Contractor in consultation with the City. Without the express written consent of the Director, the Contractor is prohibited from landfill disposal or incineration of collected Recyclable Materials and Yard Waste or from marketing materials that will be landfilled or incinerated. Violation of this provision may result in liquidated damages consistent with section 4.7.3 or may be cause for termination of this Contract. 3.5.4 Material Delivery Standards. The Contractor shall deliver Recyclable Materials that meet industry quality standards; permitted contamination levels shall be based on current industry standard requirements and may chance from time to time as market conditions change. The industry standards to be used for Recyclable Materials delivered to the Processor are described below. Details regarding the standards and permitted contamination levels shall be determined by the Contractor and the Processor vyith the Director's approval, after a six-month initial shakedown period. Permitted contamination levels shall in no event exceed ten (10) percent but may be lower for various categories of Recyclable Materials, based on the levels necessary for the Processor to sell them on available markets. If the Contractor and Processor are unable to agree on any standards or contamination lei els. the Director shall arbitrate the dispute. 3.5.5 Eligible Recyclable Materials. Materials to be collected include the following: a. Glass, cans, and plastic: These materials may be combined; however, the constituent commodities shall meet the following standards individually. Glass: shall be free of ceramics, dirt, and excessive lids still on container. Cans: shall consist of steel, "tin," and aluminum cans free of dirt, paper, and food residue. Plastic: shall consist of only PET beverage bottles and HDPE milk jugs or other containers bearing the plastic identification symbol "1" or"2", or as mutually authorized by the Contractor and Director in writing. b. Mixed N%aste paper and cardboard: Consists of mixed papers and _ corrugated cardboard. Wood, ashes, dirt, as yell as poly-coated, tissue, towel, and carbon papers, are prohibited in quantities that exceed the Paper Stock Institute's current standard for grade #1; "Mixed Paper" shall be as described in the PS-90 or successive Scrap Specification Circular. 12'20/00 10-58 AA7 -12- C. Newspaper: Consists of newsprint and inserts in proportions normally included in newspapers. Delivered newspaper shall conform to the Paper Stock Institute's current standards for grade #6; "News" shall be as described in the PS-90 or successive Scrap Specifications Circular. d. Yard Waste. The Contractor shall provide for Yard Waste service as follows: (i) Residential. The Contractor shall collect residential Yard Waste, which shall include grass, clippings, leaves, pruning, branches (cut to less than three feet and under four inches in diameter), brush, garden material, weeds, and tree limbs (also cut to less than three feet), together with any other materials that the City and Contractor mutually determine to be recyclable. Materials may be bundled with cotton or other similar organic string only. Acceptable Containers for Yard Waste include garbage cans with handles, Kraft paper bags capable of supporting their contents, or sturdy cardboard boxes capable of supporting their contents with a capacity not exceeding thirty-two (32) gallons in volume (approximate) and weighing no more than sixty-five (65) pounds when full. (ii) Commercial. The Contractor shall provide participating Commercial Customers with a brochure outlining what Yard Waste materials are acceptable for collection and how the materials are to be prepared and placed for collection. Educational and _ promotional activities shall be the responsibility of the Contractor. The Contractor shall use its best efforts to make the program successful. 3.5.6 Other. The Contractor shall dispose of Yard Waste pursuant to KCC 7.03.045 or as authorized by the Director. The Contractor shall cooperate with the City in providing Yard Waste statistics and reports as required by King County Ordinance 9928. Nothing in this section shall prohibit Customers from composting Yard Waste. 3.6 Local Improvements. The City reserves the right to construct any improvement or to permit anv such construction in any street or alley in such manner as the City may direct, which may have the effect of preventing the Contractor from traveling any accustomed collection route or routes for limited periods of time. The Contractor shall, however, by whatever method selected, continue to collect Solid Waste, Recvclable Materials, and Yard Waste to the same extent as though no interference existed upon the streets or alleys formerly traversed. This shall be done without extra cost to the City. 3.7 Contractor's Office. The Contractor shall maintain an office in a location as approved by the Director. The office shall include telephones and such attendants as may be necessary to handle Customer requests for sen ice, complaints, orders for special service or instructions from the Director. The Contractor's office shall be in operation between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. During nonbusiness hours, the Contractor shall provide a telephone response answering machine with a recording or employ an answering service. 12'20.'00 10:58 Aft -13- The recording or answering service shall involve a local rather than.long-distance telephone call for the Customer and shall state the days and hours the Contractor is open for business. 3.8 Contractor's Records and Audit. 3.8.1 City Access to Contractor Records. The Contractor shall maintain full and complete accounting records, prepared in accordance with Generally Accepted Accounting Principles, reflecting the Contractor's work on this Contract. The Contractor agrees to maintain such documents and records as required by the City with respect to hauling routes, tonnage recycled or disposed of, and related documentation and any books, documents, papers and records that are directly pertinent to this Contract. The Contractor shall allow the City or any of its duly authorized representatives access to all such documents and records for any reasonable purpose and at reasonable times during the term of the Contract and for two years thereafter for inspection and copying. The Contractor shall include this clause in its contracts with any and all subcontractors, such that the City shall have similar access to subcontractor documents and records. The Contractor and subcontractors shall maintain an adequate system of books and records capable of review, financial audit, and copying in order for the City to verify the accuracy of any such records, provided, however, that the City shall not disclose information which may reasonably be construed to be confidential and if divulged may seriously jeopardize the Contractor's competitive position. 3.8.2 Compliance with Law; Documentation; Confidential Business Records. The Contractor, its officers, employees, agents and subcontractors shall comply with applicable federal, state, county, regional or local law, statutes, rules, regulations or ordinances, including those of agencies having jurisdiction over the Contractor's performance under the Contract. The City shall have the right to inspect copies of all correspondence or any other documents sent to or received from the Contractor or its subcontractors related to the Contractor's compliance with applicable law, except for correspondence or other documents protected by an attorney-client privilege. The Contractor may designate documents as confidential business records. If so designated, those documents shall be inspected by an independent accountant or other third party designated by the City and approved by the Contractor, acting reasonably; the third party selected shall determine whether the documents are relevant to the Contractor's compliance with applicable law. If the third party determines that the documents are relevant, the City may inspect and copy the documents. For documents that contain both relevant and irrelevant information, the third party may delete any irrelevant information. The third party may at the Contractor's discretion be required to sign a reasonable confidentiality agreement. The requirement of this section shall survive the expiration of the Contract. All unresolved disputes arising under this section that do not rise to the level of a Category A Dispute shall be resolved in accordance with section 4.7.4. 3.8.3 Disclosure Demands. In the event of any demand or claim against the City for disclosure of the Contractor's records under Chapter 42.17 RCW, the City shall notify the Contractor. The Contractor may request nondisclosure, and the City may at its discretion tender defense of the demand or claim to the Contractor. The Contractor shall pay all costs associated with such defense, including attorney fees or other costs that may be awarded to the person seeking disclosure. 12/20-00 10.ss AM -14- 3.8.4 Monthly Rgorts. The Contractor shall furnish to the City monthly reports within thirty(30) days of the end of each month showing the number of tons of Solid Waste hauled by the Contractor to the disposal site during the previous month. Separate records showing tonnage of Recyclable Materials and Yard Waste hauled to processing Centers shall be reported to the City monthly, in accordance with section 3.5.1. Separate reports shall be submitted showing collection of Solid Waste, Recyclable Materials, and Yard Waste from City facilities. 3.8.5 Dump Receipts. The Contractor shall keep records of Solid Waste collected and charges therefor. Copies of dump receipts shall be maintained by the Contractor and provided to the City upon request. The original dump receipt shall remain in the Contractor's office as part of its permanent records. 3.8.6 Customer Count. The Contractor shall provide the City with a Customer count by the type of Customer, whether Residential or Commercial. 3.8.7 Complaint Log. A daily log of complaints shall be maintained. A copy of the complaint log and any vehicle logs shall be submitted to the City when requested, provided, however, Contractor shall provide quarterly to City a summary of the complaint log. 3.9 Contractor's Employees. 3.9.1 Demeanor. The Contractor shall require its employees to be courteous at all times. The Contractor's employees shall not use loud or profane language and shall do the Work in Residential and Commercial Areas as quietly as possible. Specific questions as to service rates or changes of existing service should be referred to the Contractor's offices and not handled by collection personnel. 3.9.2 Collection Procedures. Collection personnel, in collecting Solid Waste, Recyclable Materials, and Yard Waste shall follow the regular walks for pedestrians while on private property, returning to the street or alley after replacing the empty containers. They shall replace all container covers and close all gates opened by them. Collection personnel shall not trespass or loiter, cross property to adjoining premises, or meddle with property that does not concern them. 3.9.3 Skills. All Contractor's employees shall be competent and skilled in the performance of the Work to which they may be assigned. Failure or delay in the performance of this Contract due to the Contractor's inability to obtain employees of the number and skill required shall constitute a default of the Contract. Should an employee be deemed unsatisfactory by the City, such judgment shall be related in writing to the Contractor. The Contractor will have thirty (30) days to correct the situation to the City's satisfaction. This paragraph shall not interfere with any union Contract between the Contractor and any employee or union representatives. 3.10 Contractor's Equipment. 3.10.1 Collection Vehicles. The Contractor shall provide an adequate number of Solid Waste collection vehicles, as well as Recyclable Materials and Yard Waste collection iznaoo 10:58 Aa -15- vehicles, approved by the City for regular collection services. _ The vehicles shall be of a type designed and manufactured for (1) the collection of Solid Waste (including the capability of servicing Mobile Cart containers), and of (2) the collection of Recyclable Materials and Yard Waste. Collection vehicles used outside of the City limits shall also meet with all applicable requirements of other political jurisdictions to or through which the collection vehicles travel. Collection vehicles shall be licensed and approved for safe operation by all appropriate State agencies. 3.10.2 Collection Vehicle Maintenance. Collection vehicles shall be kept in good repair, appearance and sanitary condition at all times. All collection vehicles shall be thoroughly washed and cleaned in a manner satisfactory to the City at least once per week. Each collection vehicle shall have the Contractor's name and telephone number and an identifying number clearly visible on each side of each vehicle, and the identifying number on the rear. No advertising shall be permitted other than the name of the Contractor. The Contractor shall not use a firm name containing the word "City" or any other words implying municipal ownership. Areas used by the Contractor for the storing, parking or repair of collection vehicles shall be kept in a clean and orderly condition. Any equipment found not to comply with the standards delineated in this section shall be taken out of service and brought up to standards before being placed back in City service. 3.10.3 Equipment Ownership. All vehicles, facilities, equipment and property used in the performance of this Contract shall be wholly owned by the Contractor, provided, leasing or rental agreements shall be allowed and conditional sales contracts, mortgages, or other contractual arrangements for financing the purchase of such equipment shall be allowed. 3.11 Illegal Weiehts. The Contractor shall not be required to haul detachable containers or drop boxes that are overloaded or filled to a .veight which exceeds the legal weight limit. The Contractor may, at its option, require the Customer to remove the excess, or the Contractor may remove the excess itself and charge the cost of removal to the Customer. ARTICLE 4 Guarantees. Insurance and Defaults 4.1 Violation of Ordinance. The Contractor shall report in writing to the Director any observed violation of the provisions of this Contract, Kent City Code Chapter 7.03 of other relevant city code provisions providing for and regulating the collection, removal and disposal of Solid Waste and Recyclable Materials. The Director shall cause an investigation of the report and, upon receipt of the findings, take appropriate action to obtain compliance with said ordinances. 4.2 Indemnification. 4.2.1 Contractor's Indemnification of City. Except as expressly provided in this section, the Contractor shall at all times during the term of the Contract indemnify, hold harmless and defend the City, its elected officials, officers, employees, agents and representatives from and 12'20/00 10 58 Abi -16- against any and all losses, damages, costs, charges, expenses, judgments and liabilities, including attorney fees (collectively, "losses"), directly or indirectly resulting from, arising out of, or related to any occurrence, conduct, or operation of or by the Contractor under this Contract, including but not limited to one or more claims described in section 4.2.2. The indemnity provided in this section shall not apply to losses solely resulting from the negligence or intentional acts of the City, its agents or employees. Except as otherwise provided immediately above, it is the intention of the parties that the Contractor's indemnification apply to claims arising from the concurrent negligence of the City and the Contractor, or their respective agents, employees or subcontractors. 4.2.2 Claims Subject to Indemnification. The term "claims" as used in this section means all claims, lawsuits, causes of action, damages, penalties, charges, judgments, losses, liabilities of any character or kind and other legal actions and proceedings of any nature, whether or not asserted in a judicial forum, including but not limited to claims, lawsuits, causes of action, and other legal actions and proceedings involving bodily or personal injury or death of any person or damage to any property (including but not limited to persons employed by the City, the Contractor or any other person and all property owned or claimed by the City, the Contractor, any affiliate of the Contractor or any other person) that are in any way connected with: a. The performance or nonperformance of any provision or requirement of the Contract by the Contractor, its officers, employees, subcontractors, agents or servants; b. Any act or omission of the Contractor, its officers, employees, subcontractors, agents or servants at an), of the Facilities; or C. The failure of the Contractor, its officers, employees, subcontractors, agents or servants to comply in any respect .with the provisions and requirements of all applicable permits, licenses, laws, statutes, regulations. ordinances, codes, orders and all other legal requirements of federal, state, regional, County and local government entities and agencies having jurisdiction over the Facilities or relevant activities of the Contractor. 4.2.3 City Liabilitv to Contractor. The City shall not be liable to the Contractor for, and the Contractor hereby releases the City from, all liability for any injuries, damages or destruction to all or a part of any property owned or claimed by the Contractor that directly or indirectly results from, arises out of or is related to the Services under this Contract, unless that liability as between the City and the Contractor solely arises from the negligence or intentional acts of the City, its agents or employees. 4.2.4 Notice to Contractor; Defense. In the event an action is brought against the City for which indemnity may be sought against the Contractor, the City shall promptly notify the Contractor in writing. The Contractor shall have the right to assume the investigation and defense, including the employment of counsel and the payment of all expenses. On demand of the City, the Contractor shall at its own cost and expense defend, and provide qualified attorneys acceptable to the City under service contracts acceptable to the City to defend, the City, its officers, employees, agents and servants against any claim in am_• wav connected with the events described in section 4.2.2. 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. 12,20 00 10 58 AM -17- The City may employ separate counsel and participate in the investigation and defense, but the City shall pay the fees and costs of that counsel unless the Contractor has agreed otherwise. The Contractor shall control the defense of claims (including the assertion of counterclaims) against which it is providing indemnity under this section, and if the City employs separate counsel, the City shall assert all defenses and counterclaims reasonably available to it. 4.2.5 Applicability of RCW 4.24.115. If a court of competent jurisdiction determines that the Contract is subject to RCW 4.24.115, the Contractor's liability to indemnify the City for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of the Contractor and the City shall be limited to the Contractor's negligence. 4.2.6 Indemnification for Claims of Contractor's Employees. It is further specifically and expressly understood that the indemnification provided in this section extends to suits against the City for injuries sustained by any person directly or indirectly employed by the Contractor. However, the City shall assert in any claim made by a person employed by the Contractor that the employee's remedy is limited to that provided under applicable workers' compensation statutes. 4.2.7 Royalties; License Fees; Patents. The Contractor shall pay all royalties and license fees, shall defend all suits or claims or any patent infringements that may occur in the performance of the Contract and shall hold the City harmless from any loss on account thereof. 4.2.8 No Indemnitv Waiver. The Contractor hereby expressly agrees that any immunity that may be granted to the Contractor under the Washington State Industrial Insurance Act, Title 51 RCW, as amended or recodified. shall not be construed by the Contractor as a release from its obligation to indemnify the City under this section. The parties do not under this section waive or surrender any indemnity available under any applicable federal, regional, state or local law. The provisions of this section shall surviv e termination or expiration of the Contract. 4.2.9 Indemnification Survivinc, Termination. The indemnification provisions of section 4.2 shall survive termination of this agreement 4.3 Damage to Property. 4.3.1 If any City property of any kind is damaged by reason of the Contractor's operations under this Contract, the Contractor shall repair or replace the same after being notified in «citing of the damages, or if the Contractor fails to do so promptly, the City may cause repairs or replacements to be made, and the cost of doing so shall be paid by the Contractor to the City. 4.3.2 The City shall not be liable to the Contractor for any loss or damage, other than any loss or damage occurring directiv and solely as a result of the negligence of the City, its elected officials, officers, employees or agents. 4.3.3 The Contractor shall not be liable to the City or any other person for the damage done to privately owned Solid Waste or Recyclable Materials containers other than loss or 12.20 00 10 58 ANI -18- damage occurring directly as a result of negligence or carelessness of the Contractor, its employees or agents. 4.4 Liability Insurance. 4.4.1 General Requirements. The Contractor at its own expense shall provide and maintain in full force and effect during the entire term of this Contract, or any renewal thereof, a policy providing for a limit of not less than $1,000,000 combined single limit bodily injury and property damage liability, including auto liability and contractors' liability. The Contractor must also provide evidence of workers' compensation insurance. The certificate of such insurance shall be filed with the City Clerk prior to the execution of this Contract and shall provide for thirty(30) days' written notice to the City of any cancellations or lapse of such policy. Coverage shall not be reduced below the limits set forth in section 4.4.3. The Contractor shall furnish the City with a certificate of insurance naming the City, its elected and appointed officials, agents and employees, as additional insureds with respect to the Contract. In the event that the City awards other Contract elements to Contractor, no additional liability insurance amount will be required. 4.4.2 Coverages of Liabilit\ Police. The liability insurance policy and an endorsement thereto, as evidenced by the certificate of insurance, shall provide the following minimum coverages and limits and contain the following provisions: Extended Bodily Injury Employees as Additional Insureds Premises/Operations Liability (.%I&C) Owners' and Contractors' Protective Liability Products and Completed Operations Liability Blanket Contractual Liability Broad Form Property Damage Liability (including completed operations) Personal Injury coverage A, B and C with no employee exclusion Stop Gap or Employers' Contingent Liability Automobile Liability, incl. coverage for ovyned, non-owned, leased or hired vehicles Explosion, Collapse, underground damage (referred to as "X.C.U.") 4.4.3 Minimum Limits. All coverages shall be $1,000,000 per occurrence, provided that coverage in this stated amount shall not be construed to relieve the Contractor from liability in excess of such limits. The City shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if it deems appropriate and prudent, maintain greater limits. 4.4.4 Required Endorsements. The Certificate of Insurance shall include the following endorsement for additional insureds: 1120 00 10:58 Ant -19- The City of Kent is named additional insureds for all coverages provided by this policy of insurance and shall be fully and completely protected to the full extent of coverage of the policy from all claims and risks by this policy and for any and every injury, death, damage and/or loss of any sort whatsoever, including consequential damages sustained by any person, organization or corporation in connection with any activity performed by the Contractor under the provisions of that Contract between the City of Kent and Waste Management of Washington, Inc., d/b/a Tri-Star Disposal entitled Solid Waste Collection and Disposal, Recycling and Processing Contract, January 1, 2001, to December 31, 2011. The coverage shall contain no special limitations on the scope of protection afforded to the City(as defined in that Contract), its officials, employees or volunteers. The coverages provided by this policy to the City or any other named insured shall not be terminated, lapse, or be reduced in any respect without providing at least thirty (30) calendar days prior written notice by certified mail to the Director of Public Works, City of Kent, City Hall, 220 Fourth Avenue South, Kent, Washington 98032. The coverages provided by this policy shall be primary to any insurance maintained by the City of Kent. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance and shall not contribute with it." 4.4.5 ACORD Forni. If an "ACORD" form of Certificate of Insurance is provided to the City pursuant to this section, it must he modified in the following manner: The following wording at top of the ACORD Form shall be deleted in its entirety: "This Certificate is issued as a matter of information only and confers no right upon the certificate holder." Wording at bottom of the ACORD Form that states, "Should any of the above-described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail days written notice to the below Certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company," shall be changed to read: "Should any of the above-described policies be canceled, lapse, or be reduced as to coverage before the expiration date thereof, the issuing company shall mail thirty (30) calendar days' prior written notice to the below-named Certificate holder and Additional Insureds, the City of Kent, by certified mail." 4.4.6 Compliance Required. Failure of the Contractor to maintain any and all of the terms of the foregoing insurance provisions shall be considered a "Category A Default" in accordance with section 4.7.1 of this Contract and cause for immediate termination at any time at the option of the City. 12,20,0010:58 ANI -20- 4,5 Payment of Claims. 4.5.1 The Contractor agrees and covenants to pay promptly as they become due all just claims for labor, supplies and materials purchased for or furnished to the Contractor in the execution of this Contract and further agrees to comply with all the provisions of federal, state, County and City laws and ordinances affecting, directly or indirectly, the subject matter of this Contract, 4.5.2 The Contractor shall provide for the prompt and efficient handling of all complaints and claims arising out of the operations of the Contractor under this Contract. The Contractor agrees that all such complaints and claims, whether processed by the Contractor or Contractor's insurer, either directly or by means of an agent, will be administered to and resolved by a person with a permanent office in the Kent-Seattle area. 4.6 Liens. 4.6.1 Authority. This Contract is in furtherance of and consistent with the City's authority under the Washington State Constitution, Chapters 35A.80, 35.21 and 35.67 RCW, and Kent City Code ("KCC") section 7.03.110. Uniformity of Solid Waste handling services, and collection of accounts for such services, is in the public interest and in the interest of the City's Solid Waste Utility. In order that the Contractor shall not be inconvenienced, or that Customers of the Contractor bear costs of the noncompliance of other Customers, KCC section 7.03.110 provides for the enforcement and collection of liens for delinquent accounts of the Contractor. KCC section 7.03.110 includes but is not limited to those rights provided in RCW 35.21.140 and RCW 35.21.150. 4.6.2 Procedure. Upon a Customer's failure to pay charges for Solid Waste collection and disposal and/or Recyclable Materials collection and disposal within the time provided for in invoices issued by the Contractor, the amount thereof shall become a lien against the property for which the Solid \Waste and%or Recyclable Materials collection services are rendered. The Contractor shall, within ninety (90) days of the date services were rendered or the end of the period covered by the charges, file with the County Auditor in accordance with RCW 35.21.140 a Notice of Lien in writing, identifying the delinquent account Customer, the charges due, the period covered by the charges and the legal description of the premises sought to be charged. The Contractor shall have eight (8) months from the time of filing the Notice of Lien to bring an action to foreclose the lien, in the manner and within the time prescribed in RCW 35.21.140. Prior to initiating foreclosure proceedings, the Contractor shall submit the Notice of Lien to the City Attorney for review and \yrittcn approval authorizing the Contractor to commence foreclosure proceedings. The Cite reserves the right to prosecute the lien procedures provided for in this section, and all costs incurred by tite City shall be the obligation of the Contractor. 4.6.3 Lien Foreclosure - Indemnification. The City makes no representations or warranties as to the validity of the authorit\ granted to the Contractor to implement lien procedures under this section. In exercising the authority granted in this section, the Contractor acknowledges that it is fully responsible for all procedures related to the filing and foreclosing of liens. In 12 20'00 10:58 AM -21- exercising this authority, the Contractor acts at its own risk and,accepts full responsibility for all proceedings and actions taken. The City is separately and specifically indemnified and held harmless by the Contractor from any actions by the Contractor arising under this section, in addition to the indemnification rights set forth in section 4.2. This indemnification provision shall survive termination of this Contract. 4.7 Default; Failure to Perform Contractual Obligations. 4.7.1 Contractor Default. In addition to any rights set out elsewhere in this Contract, the City reserves the right to declare the Contractor to be in default of this Contract and all of Contractor's rights thereunder. There shall be two (2) categories of default by the Contractor in its performance under this Contract: a. Category A Default. Each of the following shall constitute a Category A Default under this Contract: (i) Failure to commence the collection of Solid Waste and/or Recyclable Materials or failure to provide a substantial portion of Service under this Contract for a period of more than five (5) days; (ii) Failure to obtain and/or maintain any permit required by the City or any federal, state or other regulatory body as required under this Contract; (iii) Failure to procure and/or maintain liability insurance as required under section 4.4; (iv) Failure to maintain accurate records and failure to provide the City with reasonable access to records in accordance Nvith section 3.8; (v) Failure to implement and/or maintain the nondiscrimination standards as provided in section 6.11; (vi) Failure to implement and/or maintain the nonassignment provisions of section 6.2.1; (vii) Failure to implement and/or maintain the change in control standards of section 6.2.2; (viii) Failure to indemnify the City as provided in section 4.2; (ix) Failure to comply with applicable laws in accordance with section 3.8.2; (x) Failure to comply with Solid Waste or Recyclable Materials standards, thereby creating a hazard to public health or safety; and/or 12120:00 10.58 AM -22- (xi) Failure to cease repeated or persistent Category B Defaults. b. Category B Default. All acts or omissions described under section 4.7.3 involving Liquidated Damages shall constitute a Category B Default. Disputes involving Category B Defaults shall be resolved in accordance with the Dispute Resolution provisions of section 4.7.4. 4.7.2 Consequences of Category A Default. In the event of a Category A Default, the City shall give the Contractor thirty (30) days' prior written notice of its intent to exercise its rights under this section, stating the reasons for such action. If the Contractor cures the stated reason within the thirty (30) day period, or if the Contractor initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City shall not exercise its rights under this section for the particular incident. If the Contractor fails to cure the stated reason within the thirty (30) day notice period, or if the Contractor does not undertake efforts satisfactory to the City to remedy the stated reason, the City may exercise its police authority and all other authority set forth in this section. The City may then notify the Contractor, declare a Category A Default of this Contract and order the Contractor to discontinue any further Service thereunder, and a copy of that notice shall be sent to the Contractor. Upon receipt of such notice, Contractor shall promptly discontinue the Work. The City shall then have the right to take other action it deems advisable. The City shall be entitled to recover from the Contractor as damages all expenses incurred, including reasonable attorney fees, together with all such additional sums as may be necessary to complete the Work, together with any further damages sustained or to be sustained by the City. In the event of a Category A Default or repeated or persistent Category B Defaults, the City may at its sole option pursue any or all of the following: a. Be released from its obligations under this Contract and use any other method or person to perform those Serviccs; b. Seek the judicial remedy of specific performance; C. Pursue any other remedy available at law or equity. 4.7.3 Category B Default; Liquidated Damages. The following acts or omissions shall be considered a Category B Default by the Contractor. Because a breach of the Services provided for within the Contract mould cause serious and substantial damages to the City and its occupants, and the nature of the Contract .vould render it impracticable or extremely difficult to fix the actual damage sustained by the City by such breach, the Contractor agrees that in case of breach of Service, the City may elect to collect liquidated damages for each such breach, and the Contractor will pay to the City, as liquidated damages and not as a penalty, the amounts set forth below, such sums being agreed as the amount for which the City will be damaged by breach of such Service. Each collection vehicle on each route shall be considered a separate incident. 11'20i00 10ss AM -23- All damages are subject to annual adjustment in the same.percentage as the adjustments in rates under section 5.3. Such liquidated damages as the City shall elect to collect will be paid by the Contractor upon thirty (30) days' notice from the City. Violations of any specifications in this Contract shall be subject to a fine of$50 per occurrence unless otherwise indicated. Act or Omission Liquidated Damages 1. Any collection vehicle beginning Residential $75 per occurrence. or Commercial collection prior to the time designated under section 3.1.2. 2. Failure of Contractor to maintain $100 per occurrence. clean and sanitary vehicles and Facilities consistent with section 3.11.2. 3. Same Customer pickup missed three $100. (3) times in a six-month period through no fault of the Customer. 4. More than three (3) verified $150. complaints in a six-month period from the same Customer for failure to replace cans or containers in designated locations, spilling, not closing gate, crossing planted areas, or similar violations. 5. Failure to comply with the Holiday 5150. Schedule of section 3.1.4. 6. Failure of Contractor to collect 5200 after 24 hours; a missed pickup within 24 hours of S400 after 48 hours; notification, provided the miss «•as 5200 for each reported within 48 hours of the miss additional 24 hours. (weekends excepted). 7. Knowing misrepresentation by S500 per incident. Contractor in records or failure to provide records in accordance with section 3.8. S. Landfilling or burning uncontaminated S 1,000 per vehicle, _ Recyclable Materials without per incident. written permission from the City. 12n0r00 10 58 ANI -24- 9. Failure to attach a correction tag S10 per incident, notice on noncollected materials to a maximum of$100 or failure to notify the City per truck per day. consistent with section 3.1.6. 10. Failure to collect spillage caused Twice the cost of by Contractor consistent with cleanup to City. section 3.4.1. 11. Failure to deliver Mobile Cart $10 per incident per Solid Waste Containers,Recyclable area for first week; Materials, and Yard Waste containers to new $50 per incident per Customers consistent with area for second week; section 3.3.1. $100 per incident per area for third and each successive week. 12. Collection from premises on days $25 per incident, to other than previously specified or a maximum of$250 per authorized by the Director(except truck per day. for collection misses or for inclement weather determinations under section 3.1.5). 13. Failure to submit required $100 per day until section 3.8.4 reports on time. report received, plus withholding of any unit price tipping fees due. 14. Failure of Contractor to provide S100 per day. or maintain adequate insurance in the types or amounts required by section 4.4. Nothing in this section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered Category B Defaults of the Contract, and the City reserves the right to exercise any and all remedies that it may have with respect to these and other defaults, violations and breaches. Liquidated damages may be levied if documented in an incident report presented by the City to the Contractor. The City reserves the right to make periodic, unscheduled inspection visits to determine the Contractor's compliance Nvith the Contract terms. Any liquidated damages may be appealed by the Contractor to the Director; disagreements will be subject to the Dispute Resolution provisions provided in section 4.7.4. 12/20;00 10.58 A%I -25- 4.7.4 Dispute Resolution. All claims, controversies, disputes and other matters in question arising out of or relating to a Category B Default ("claim(s)") under this Contract shall, in the first instance, be the subject of a meeting between the parties to negotiate a resolution of the Category B Default. If within fifteen (15) days after the meeting, the parties are unable to settle any dispute, difference or claim arising from the parties'performance of this Contract, the exclusive means of resolving that dispute, difference or claim, shall only be filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court located in Kent, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Contract, each party shall pay its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Contract. This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 4.7.5 Enforcement of Contract. In the event of dispute or litigation under a claimed Category A Default under this Contract, the City and the Contractor each shall bear its own attorney fees, costs and expenses. 4.7.6 Right to Require Performance. The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Waiver by the City or any breach of any provision hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any portion itself. 4.7.7 Interruption of Contract Services. Notwithstanding the provisions of this section, a delay or interruption in the performance of all or any part of the Contract resulting from causes beyond the Contractor's control shall not alone be deemed to be a default of the Contract, and the rights and remedies of the City provided for herein shall be inapplicable. 4.8 Bankruptcy. If the Contractor is adjudicated bankrupt, either voluntarily or involuntarily, this Contract, at the option of the City, may be terminated effective on the day and at the time the bankruptcy petition is filed. 4.9 Force Maieure. 4.9.1 Except as may be otherwise expressly provided herein, no Party will be liable to the other for any delay in, or failure of, performance of any of its obligations hereunder where performance of such obligations is prevented or delayed by acts of God (except normal weather conditions for the Kent-Seattle area), fire, explosion, accident, flood, epidemic, war, riot, rebellion, or interruption or rationing of fuel supply. No other acts or occurrences shall be considered as uncontrollable circumstances relieving the parties of their obligations hereunder. 4.9.2 a. A strike or other labor dispute not involving Contractor's employees, preventing Contractor's performance under this Contract, shall also be considered an incident of force majeure under this section 4.9. 12.20.00 10-58 AAt -26- b. In the event of strike or labor dispute involving Contractor's employees, the City and Contractor shall meet to determine the appropriate manner of continuing public service under the Contract. While not relieving Contractor of obligations under the Contract, the City shall cooperate with Contractor in providing for the continuation of services in the interest of public health and safety. ARTICLE 5 Rates and Adiustments 5.1 Commercial Rates. In order to insure rate parity and consistency to all commercial accounts in the City, the rates in existence immediately preceding the execution of this Contract for commercial service for the Contractor and for Waste Management of Washington, Inc., d/b/a Tri- Star Disposal shall be added together and divided by two (2) and the resulting average set forth in Appendix C shall be the rate charged by the Contractor during the term of this Contract. 5.2 Residential Rates. Rates set forth in the attached Appendix D, shall remain in effect until such time as rate adjustments are approved by the City, provided, however, Contractor shall continue to maintain a lifeline rate for qualifying Customers, subject to Contractor's rights under section 5.4. 5.3 Residential and Commercial Rate Adiustments (CPII. Rate adjustments shall not become effective until approved by the City. Beginning with year two of this Contract, rates and charges shall be increased or decreased annually effective the 1st day of April of each year, by taking the fees in effect during March of each year and adjusting such fee by eighty percent (80%) of the percentage change in the Consumer Price Index ("CPI") (wage earners and clerical workers- CPI-W) for the Seattle area published by the Bureau of Labor Statistics based upon the total price index change for all items as compared to the preceding twelve (12) months (January to December); Contractor shall give notice to City no later than February 1 or the date of publication of the CPI, whichever is later, of each year of proposed changes in rates and charges. Contractor may seek City approval of one additional rate adjustment in any 12- month period (April to March) if in any consecutive six months during that period increase in the CPI is greater than six (6) percent. 5.4 Residential and Commercial Rate Adjustments — (other). Contractor's rate adjustments for services for: a. Any dump fee costs not associated with a change in CPI; and b. Unusual costs, such as changes in law, shall be deemed approved by City if sixty (60) days following written notice by Contractor of the rate adjustment, the City does not elect, by written notice to Contractor, to review the proposed adjustment, provided, Contractor's 12/20/0010:58 Aht -27- time for written notice and effective date of rate adjustment may be reduced if notice of dump fee or unusual costs is not received by Contractor from King County or other disposal site, or regulatory agency, sixty (60) days prior to the effective date of the cost change, provided, further, the Contractor's implementation of such rate adjustment with less than sixty (60) days notice shall be subject at City option to subsequent rate audit under section 5.6. Contractor's notice to City shall include detailed bases for the proposed adjustment, including information concerning the Contractor's allocation of costs of service (e.g., transportation, disposal) within present and proposed rates. 5.5 Other. In addition to rate adjustments under section 5.3 and 5.4, Contractor may petition for rate adjustments to reflect justified increases in operating expenses, not associated with changes under sections 5.3 and 5.4. Such request shall be limited to once per year (January to December). 5.6 Rate Audit. In the event of dispute involving rate adjustments under sections 5.3, 5.4, and 5.5: 5.6.1 Contractor's proposal shall be submitted for independent audit and review; and 5.6.2 The Auditor shall be selected by mutual agreement of City and Contractor. The Costs of the audit will be the responsibility of the Contractor. If the audit indicates a rate adjustment is justified, approval of the adjustment by the City shall not be unreasonably denied. The audit shall be completed within thirty (30) days. 5.6.3 All unresolved disputes arising under this section shall be resolved in accordance with section 4.7.4. 5.7 Dump Fees. The rate for dump fees shall be those fees established by King County for disposal of municipal solid waste collected under this Contract. 5.8 Billing and Payment. Billing and payment shall be in accordance with the WUTC guidelines with respect to such. 5.9 Collection. The Contractor shall have all right to and responsibility for collection of accounts for charges and Services to Customers under this Contract. 5.10 City Fees or Taxes. The City currently levies a tax on Contractor's Services, and such tax is reflected in billings to Customers. If during the term of this Contract, the City levies or imposes an additional or increased fee and/or tax on Contractor's Services hereunder, Contractor shall have the right to make adjustments in rates consistent with this section. 12/20 0o 10:58 Ant -28- ARTICLE 6 Miscellaneous Provisions 6.1 Independent Contractor. 6.1.1 Contractor as Independent Contractor. The parties intend that an independent contractor-employer relationship will be created by this Contract. As Contractor is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub-contractor of Contractor shall be or shall be deemed to be the employee, agent, representative or sub-contractor of the City. In the performance of the work, Contractor is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Contract. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives, or sub-contractors of the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub-contractors during the performance of this Contract. 6.1.2 Contractor's Control of Project. The Contractor shall have the exclusive right to control the Services and Work performed under the Contract and the persons performing those Services and Work. The Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. Nothing in the Contract creates or shall be construed to create a partnership or joint venture between the City and the Contractor and nothing in the Contract shall be construed as giving the City a duty to supervise or control the acts or omissions of any person performing Services or Work under the Contract. 6.2 Assignment. 6.2.1 Nonassignment of the Contract. The Contract or any interest therein or part thereof shall not be assigned, whether by operation of law or otherwise, nor shall any part thereof be subcontracted without the prior written consent of the City first having been obtained, which consent shall not be unreasonably withheld. The City reserves the right to cancel or terminate the Contract at any time in case the Contractor fails to obtain City approval. 6.2.2 Change in Control. Any change in control or the transfer of a controlling interest in the ownership of the Contractor shall constitute a default under the terms of the Contract, unless the City consents to that transfer which consent shall not be unreasonably withheld. "The transfer of a controlling interest of Contractor" shall include but is not limited to the transfer of fifty (50) percent or more of the voting stock or the ownership of the Contractor to or from a single entity, unless the City, at the Contractor's request, approves that transfer in writing. However, 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 as of January 1, 2001, shall not be construed as the transfer of a controlling interest of the Contractor. If the City determines that the new ownership can 1120 00 10.58 AM -29- adequately and faithfully render the service required in the Contract for the remaining term of the Contract, the City may elect to execute a novation, allowing the new ownership to assume the rights and duties of the Contract and release the previous ownership of all obligation and liability. The new ownership would then be solely liable for any work and/or claims related to the Contract. The term"transfer" includes a sale, merger, or change in ownership by operation of law, the issuance of new shares, or conversion of shares without voting rights to voting shares. "Voting stock"means the shares entitled to vote for election of the directors of the corporation. 6.2.3 Binding Effect. The Contract shall be binding on any and all successors or assignees of the Contractor or the City in accordance with this Article. 6.3 Applicable Law. The Contract is made in and shall be construed under the laws of the State of Washington. 6.4 Quality of Performance. The Contractor and its officers, employees, agents and subcontractors shall perform every act or service to be performed under the Contract in a skillful and competent manner in accordance with the highest standards of the Solid Waste collection, transportation and recycling industries. The Contractor shall be responsible to the City for any errors, deficiencies or failures to perform the Contract. 6.5 Contract. 6.5.1 Meaning of Contract Terms. The meaning of terms and words herein shall be as defined in Kent City Code ("KCC") Chapter 7.03. Terms and words regarding Commercial Recycling shall have the meanings set forth in King County Code §§ 10.18.010-.100. Unless otherwise specifically defined as provided herein, words describing materials or work that have a well-known technical or trade meaning shall be construed in accordance with the well-known meaning generally recognized by solid waste and recycling professionals, engineers and trades. 6.5.2 Definitions Defined in RCN' 70.95 and WAC 173-304. Definitions of capacity savings, collections savings, disposal savings, energy recovery, environmental savings, functional standards, landfill, solid waste, tipping fee, volume reduction, waste recycling, and waste reduction referred to in this Contract are defined in the Washington State Solid Waste Management Recovery and Recycling Act, Chapter 70.95 RCW, and regulations promulgated by the Department of Ecology at Chapter 173-304 WAC, and are incorporated herein by this reference. 6.5.3 Conflicting Definitions. In the event that definitions contained in this Contract conflict with Kent City Code Chapter 7.03, the provisions of Kent City Code Chapter 7.03 shall apply. 6.5.4 Entire Contract. This Contract and the Appendices attached hereto contain the entire Contract between the Parties as to the matters contained herein. Any oral representations or modifications concerning this Contract shall be of no force and effect. Each of the Parties acknowledges and represents to the other Parties that it is executing this Contract solely in reliance 12'20'00 10 58 ANI -30- upon its own judgment and knowledge and that of its counsel, and that it is not executing this Contract based upon any representation or covenant of any other Party, or anyone acting on such Party's behalf, except as expressly stated herein. 6.5.5 Amendment. This Contract may be modified or amended only by a written agreement duly executed hereto by authorized representatives of the Contractor and the City. 6.5.6 Successors. This Contract shall inure to the benefit of and shall be binding on the Parties, their successors and assigns. 6.6 Intent of Contract Documents. 6.6.1 Comprehensive Contract. All Services that are necessary to complete and carry out the Contract requirements as provided herein shall be considered the Services to be performed by the Contractor without extra compensation unless otherwise expressly stated. 6.6.2 Comprehensive Services. Unless expressly agreed otherwise, the Contractor shall provide and pay for all collection, transfer, transport and disposal site access, services, operation, labor, overtime labor, standby labor, methods, materials, equipment, transportation, power, fuel, water, taxes and all other Facilities and Services of any kind necessary to perform under the Contract. 6.6.3 No Waiver of Governmental Powers. It is understood and agreed that, by execution of the Contract, the City does not waive or surrender any of its governmental powers. 6.7 Facilities and Personnel. The Contractor warrants that the Facilities and personnel used in the performance of the Contract shall conform to the requirements of the Contract and the design, operation and training requirements of the Contract and applicable law. 6.8 Time of the Essence. Time limits stated in the Contract are of the essence. No waiver of the Contract time limits or schedule dates is to be implied from any Party's failure to object to untimely performance under the Contract. Any waiver of time limits or schedules shall not be construed as a waiver of anv future time limits or schedules. 6.9 Payment of Subcontractors and Agents. Unless a reasonable dispute exists concerning payment, the Contractor shall promptly pay all subcontractors, materialmen, suppliers or laborers engaged for purposes of the Contract in accordance with the contract or agreement between that person and the Contractor. The Contractor agrees promptly to remove, have removed or bond in accordance with Washington law anv liens or encumbrances that, because of any act or default of the Contractor, its officers. employees, agents, subcontractors, sub-subcontractors, material suppliers or Facility owners. are filed against a Facility or against any real or personal property required to fully perform the Contract. If the Contractor does not promptly pay all subcontractors, materialmen, suppliers, or laborers in accordance with this section, the Contractor agrees to defend, indemnify and hold the Cite harmless in accordance with Article 4. t '20 00 10 58 Any -31- 6.10 Third-Party Beneficiaries. The Contract is entered into by the City in its governmental capacity and is not intended to nor does it create any third-party beneficiary or other rights in any private person. The Contract does create certain rights in the City with respect to the Contractor; those rights may be exercised only by and through the City. 6.11 Personnel Practices; Nondiscrimination. The Contractor shall not discriminate against any employee or applicant for employment because of age, race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any nondisqualifying sensory, mental or physical disability, unless based on a bona fide occupational qualification. The Contractor shall take affirmative action to ensure that applicants are selected for employment and that employees are treated during employment without regard to their creed, religion, race, color, sex, national origin, or the presence of any nondisqualifying sensory, mental or physical disability. Such action shall include but not be limited to the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Director setting forth the provisions of this nondiscrimination clause. The Contractor understands and a(-,rees that if it violates this nondiscrimination provision, this Contract may be terminated by the Citv and further that the Contractor shall be barred from performing any services for the Citv now or in the future, unless a showing is made satisfactorily to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. Prior to any action on any claimed violation of this provision, Contractor shall be entitled to notice of the alleged violation and a period of thirty l 31)t days to respond and/or correct any deficiency. 6.12 OSHA/WISHA. The Contractor must comply with the requirements of the Federal Occupational Safety and Health Act of 19-1.1 ("OSHA"), the Washington Industrial Safety and Health Act of 1973 ("WISHA"), and standards and regulations issued under these Acts from time to time. The Contractor shall indemnify and hold harmless the City from all damages assessed for the Contractor's failure to comply with the Acts and standards issued thereunder. The Contractor shall meet all pertinent local, state, and federal health and environmental regulations and standards applying to the operation of all Facilities. %York and Services under this Contract. 6.13 Contract Administration. Notices. 6.13.1 Citv of Kent Representative. This Contract shall be administered by the City of Kent Department of Public Works. The City's designated representative for purposes of this Contract shall be: Director of Public %Forks Kent City Hall 220 - 4th Avenue South Kent, Washingon 98032 (206) 859-33S3 12 20 00 10:58 AM -32- 6.13.2 Contractor's Representative. The Contractor shall designate and provide the services of a competent representative for the tetra of the Contract. The Contractor's representative shall be the Contractor's agent and shall represent the Contractor for all purposes under the Contract. All directions, instructions or notices given by the City to that representative shall bind the Contractor as if delivered to the Contractor personally. The representative shall have authority to act on behalf of the Contractor; the statements, representations, actions and commitments of the Contractor's representatives shall fully bind the Contractor. The Contractor's designated representative shall be: Steven J. Caputo Kent-Meridian Disposal 22010 76th Avenue South Kent, Washington 98032 (253) 652-8831 6.13.3 Notices. The Cite or the Contractor may change its designated representative at any time by written notice. Notices required pursuant to this Contract shall be hand delivered, telefaxed, or sent by registered mail or by private independent courier. Any written notice under the Contract shall be deemed sm-ed when delivered in person to the person to whom it was intended, or if sent by registered mail, return receipt requested, when mailed to that person at the contact person's address. The date or time of service shall be the date or time the relevant document was mailed to or personally delivered at the designated representative's address. Either Party shall have the right to designate a nea address for the receipt of notices by giving written notice as herein provided, but notwithstandutg the foregoing, such notice of a new address shall not be effective until actually received by the other Parties. 6.14 Taxes, Permits and Fees. 6.14.1 Contractor's Permits and Licenses. The Contractor shall obtain at its own expense all permits and licenses required b} the City or any other governmental authority and maintain the same in full force and effect during the term of this Contract. The Contractor shall pay promptly and before delinquency anv and all taxes, fees and charges of every type required by law and, upon request by the City, shall fumish evidence of such timely payment. 6.14.2 Other Taxes. The Contractor shall be solely responsible for all taxes, fees and charges incurred, including but not limited to license fees; all federal, state, regional, county and local taxes and fees, including but not limited to income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to the Contract; business and occupation taxes; workers' compensation and unemployment benefits. The extent, if any, to which the Contractor Nvill be permitted to adjust rates for cost increases due to the imposition of or increase in the rate of taxes, fees, or surcharges is set forth in Anicle 5. Fees or taxes imposed as an administrative fee or surcharge on the collection of Solid Waste shall give rise to adjustment discussions as provided for in sections 5.4. 12.20.00 10:58 AM -33- 6.15 Fines; Penalties. The Contractor shall be liable for all fines or penalties imposed by any government agency for Contractor - caused violations of permits, licenses, certificates, laws or regulations; the City shall not be liable for and shall not reimburse the Contractor through a rate increase or otherwise for any fine or penalty imposed. The Contractor reserves the right to contest any fine or penalty in administrative proceedings or in court prior to its payment. 6.16 Dissolution of the City and Successor to the City. In the event that the City is dissolved or its Solid Waste or Recyclable Materials functions and powers relative to the Contract are taken from the City by legislative act or referendum of the people, all of the duties, rights and remedies of the City under the Contract shall remain in full force and effect and shall be transferred to either: (1) the successor to the City as specified by the legislative act or referendum by which the City is dissolved; or (2) if no successor to the City is specified by the relevant legislation or referendum, the State of Washington; however, the Contractor may terminate its obligations under the Contract if the State of Washington does not agree to be bound by the provisions of the Contract. 6.17 No Personal Liability. The Contract is not intended to and shall not be construed to create or result in any personal liability for any public official or City employee or agent. 6.18 Severability. If any Contract provision is declared void, invalid or unenforceable under any applicable law, the remaining provisions of the Contract shall remain in full force and effect and shall bind the Parties. 6.19 Waivers. The City's or Contractor's failure to object to a breach of any Contract provision is not and shall not be construed as a waiver of those provisions. The payment or acceptance of compensation subsequent to an- breach is not and shall not be construed as an acceptance of that breach. All waivers must be in %k riting and supported by consideration. 6.20 Disagreements. Any dispute that cannot otherwise be resolved between the Parties during the term of this Contract shall be subject to the dispute resolution provisions of section 4.7.5. 6.21 Governmental, Authoritv. Nothing in this Contract shall prevent or limit the City's exercise of its police power, power of eminent domain, or other governmental authority. EXECUTED on the day and year first hereinabov e �. ritten. CITY OF KENT 13v _ Print Name: Jim White Title: Mayor Date: 12,20;00 10:58 Ant -34- KENT-MERIDIAN DISPOSAL By: Its: Date: Approved as to Form: Roger A. Lubovich, City Attorney P\CMPJUES\OpenFiln`05 18\KentMmdmCont a -CLEAN.doc 12/20/0010s8 ANI -35- ~ APPENDIX C°A" Legal Description for Core Area Garbage Collection Service beginning at the comer of S. 192"d Street and 84'h Avenue S. (NE corner of Section 1, Township ("T") 22 N, Range ("R") 4 E, WM)1; thence south on the center line of 84d'Avenue S. to the intersection of S. 228'h Street; thence east to the east line of the W '/2 of the NW `/4 of Section IS, T 22 N, R 5 E, WM; thence south along said east line to its intersection with Hazel Avenue/Statson Avenue (north line of the S %z of SW '/4 of Section 18, T 22 N, R 5 E, WM); thence east along said north line to the east line of the W '/z of Section 18, T 22 N, R 5 E; thence south along east line to the south line of Section 18, T 22 N, R 5 E (S. 240'h Street); thence east along S. 240`h Street to the intersection of S. Maple Wood Avenue generally projected north; thence south on the projected line to S. 244`h Street; thence east along S. 244'h Street to 94`h Avenue S.; thence south along 941h Avenue S. projected south to S. Kimberly Avenue; thence along S. Kimberly Avenue to E. Maple Street; thence east along Maple Street to the comer where Tilden Avenue and Woodland Way meet; thence south along the north south portion of Tilden Avenue projected to the south line of the N % of the NE 1/4 of the NE `/4 of Section 30, T 22 N, R 5 E, WM; thence west along said line to the intersection of S. Kimberly Avenue projected south; thence south along said projection to the south line of the N % of the NE '/4 of Section 30, T 22 N, R 5 E, WM; thence east along said line to the projection of Reiten Road S.; thence north along said line to the intersection of the south line of the N '/2 of the SE '/4 of the NE '/4 of the NW '/4 of Section 30, T 22 N, R 5 E, WM; thence west along said line to the intersection of the west line of E `/z of the NW '/4, of the NE '/a, of the NW '/4 of Section 30, T 22 N, R 5 E, WM; thence north along said line to the intersection of S. 259'h Street projected east; thence east along said projected street to the intersection of S. Alexander Avenue projected south; thence north along said projection to its intersection with E. Walnut Street; thence east along E. Walnut Street projected to the west right-of-way of the Burlington Northern Railroad; thence south along the west line to the intersection of S. 2591h Street; thence west along said street to S. 5`h Avenue; thence north alon; said avenue to the projection of E. Walnut Street westerly; thence west along the projected street to the south projection of N. Thompson Avenue; thence north along said projection to the intersection of W. Gowe Street projected west; thence west along said projected line to S. Washington Avenue (SR 516 and SR 181); thence north along S. Washington Avenue projected to the intersection of W. Cole Street projected west; thence east along said line to the projection of N. 5'h Avenue; thence north along said line to the Valley Freeway(SR 167); thence due east along a line projected to the Burlington Northern Railroad right-of-way; thence north along the east side of the Burlington Northern Railroad right-of-way to the intersection of S. 292"d Street projected west; thence east along projected S. 292"d Street to 84'h Avenue S., the point of beginning. APPENDIX "B" KENT MERIDIAN DISPOSAL City Facility, Parks, and Sidewalk Container Location CITY FACILITIES ADDRESS City Hall 220 4th Ave. S. Centennial Center 400 W. Gowe Fire Stations: #71 Downtown 504 W. Crow #72 Meridian 25620 140`h S.E. 975 Soos Creek 25635 S.E. 272nd #77 Panther Lake 21006 132"d Ave. S.E. Kent Municipal Court 1220 S. Central Kent Corrections Facility 1230 S. Central Parks and Recreation: Kent Commons 525 4th Ave. N. Resource Center 315 E. Meeker Senior Activity Center 600 E. Smith Police: Headquarters 232 4`h Ave. S. Gowe Street Station 407 W. Gowe Parks: Kent Historical Society Museum 855 E. Smith Kent Memorial Park 850 N. Central Ave. SIDE«'ALK CONTAINER LOCATIONS - City of Kent Garba e: 109-111 N. 2"d 103 S. 2"d 408 W. Meeker 328 W. Meeker 403 W. Meeker 308 W. Meeker 203 W. Meeker 202 W. Meeker 301 E. Meeker northbound of 4`h Ave. at Meeker S.W. corner of 1" S. and Titus S.E. corner of IS` S. and Titus N.W. comer of 151 S. and Titus APPENDIX"B" Cont. KENT MERIDIAN DISPOSAL City Facility, Parks, and Sidewalk Container Location Garbage (cont.): East side of I" S. between Titus and Gowe S.E. corner of I" S. and E. Meeker 201 15` S. (south side of W. Gowe) 222 W. Gowe on Gowe at back entrance of Ben Franklin store between 2nd & 4`h 100 S. Railroad eastbound on Smith,just past Railroad at covered Metro bus stop westbound on Smith & Railroad N.E. comer of E. Gowe & ls` S. 111 S. Central on eastbound 240`h at bus stop in front of Kent Junior High northbound on S. Central at bus stop in front of Kent Oxygen (640 S. Central) (2 x week) _ southbound on 84`h Ave. at bus stop in front of FT Crow (21229 84`h Ave. S.) southbound on 84`h Ave. and S. 220`h at bus stop in front of Dept. of Transportation bldg. southbound on 84`h Ave. and S. 224`h at bus stop 38 Ave. S. by Stop & Go Market, across from National Guard Armory on Military Rd. West Valley Hwy & S. 228`h at bus stop on north east comer West Valley Hwy& S. 212`h at bus stop on south west corner West Valley Hwy & S. 212`h at bus stop on north east comer West Valley Hwy & S. 196`h at bus stop on north east corner West Valley Hwy & S. 196`h at bus stop on south west corner Recvcle: (three-bin containers): Kaibara Park, on First Ave. between Meeker and Smith Rose Garden Park, comer of Meeker and First Ave. City lot at south east corner of Fourth Ave. and Smith Street, by wood fence Kherson Park on Gowe St. west of Second Ave. Square off Meeker St. on east end of JC Penny's building APPENDIX"C" COMMERCIAL RATES SERVICE RATES Commercial Service 32 gal per pick-up 2.53 60 gal per pick-up 3.95 90 gal per pick-up 4.79 1 yard per pick-up 11.90 1.5 yard per pick-up 16.34 2 yard per pick-up 20.45 3 yard per pick-up 27.09 4 yard per pick-up 34.95 6 yard per pick-up 52.46 Extra 1 yard per pick-up 14.17 Extra 1.5 yard per pick-up 19.53 Extra 2 yard per pick-up 25.95 Extra 3 yard per pick-up 32.46 Extra 4 yard per pick-up 42.31 Extra 6 yard per pick-up 61.57 Extra 8 yard per pick-up 82.10 Permanent Rent, 32 gal 0.60 Permanent Rent, 60 gal 1.99 Permanent Rent, 90 gal 1.99 Permanent Rent, 1 yard 10.03 Permanent Rent, 1.5 11.81 Permanent Rent, 2 yard 13.82 Permanent Rent, 3 yard 16.71 Permanent Rent, 4 yard 18.84 Permanent Rent, 6 yard 24.18 Permanent rent, 8 yard 29.17 Temporary 1 yard per pick-up 14.89 Temporary 1.5 yard per pick-up 20.26 Temporary 2 yard per pick-up 26.68 Temporary 3 yard per pick-up 33.18 Temporary 4 yard per pick-up 43.04 Temporary 6 yard per pick-up 62.28 Temporary 8 yard per pick-up 82.83 Temporary Rent 1-3 yard 1.45 Temporary Rent 4 yard 1.76 Temporary Rent 6 yard 2.09 ^ Temporary Rent 8 yard 2.26 Placements, 1-8 yards 17.58 APPENDIX"C"-Page 1 of 3 RATES Commercial Service (Cont.) Roll-out 35.88 Distance 0.36 Drive-In 1.45 Return Trip 8.30 Steps 0.07 Sunken Cans 0.12 Container Washing Per Yard 0.84 (1.75 w/min. of10.50) 1 yard packer 40.96 3 yard packer 78.70 4 yard packer 91.54 5 yard packer 104.39 6 yard packer 117.23 Extra refuse per yard 8.53 Permanent 10-40 yard Dropbox 77.07 10-50 yard Compactor 82.83 Temporary 10-40 yard Dropbox 77.07 Dropbox container placement 32.66 10 yard Permanent Box Rent 31.53 12 yard Permanent Box Rent 35.24 15 yard Permanent Box Rent 38.96 20 yard Permanent Box Rent 40.36 35 yard Permanent Box Rent 43.89 40 yard Permanent Box Rent 57.79 10-25 yard Temporary Box Rent 3.07 30 yard Temporary Box Rent 3.84 40 yard Temporary Box Rent 4.06 Miles 1.73 Overtime 112.56 Time, Truck &Driver 74.90 Time, Extra Man 35.54 Commercial Multi-Family Service 32 gal per pick-up 3.69 60 gal per pick-up 4.58 90 gal per pick-up 5.49 1 yard per pick-up 14.86 1.5 yard per pick-up 20.38 2 yard per pick-up 25.38 3 yard per pick-up 31. 4 4 yard per pick-up 42.83 6 yard per pick-up 63.99 8 yard per pick-up 84.90 APPENDIX "C"-Page 2 of 3 RATES Commercial Multi-Family Service (Cont) Extra refuse per yard 8.26 Permanent Rent, 60 gal 2.05 Permanent Rent, 90 gal 2.05 Permanent Rent, 1 yard 10.37 Permanent Rent, 1.5 yard 12.21 Permanent Rent 2 yard 14.29 Permanent Rent 3 yard 17.26 Permanent Rent 4 yard 19.46 Permanent Rent 6 yard 25.00 Permanent Rent 8 yard 30.14 Temporary 1 yard per pick-up 18.98 Temporary 1.5 yard per pick-up 25.78 Temporary 2 yard per pick-up 33.85 Temporary 3 yard per pick-up 41.81 Temporary 4 yard per pick-up 54.03 Temporary 6 yard per pick-up 77.63 Temporary 8 yard per pick-up 102.98 Temporary Rent 1-3 yard 1.59 Temporary Rent 4 yard 1.93 Temporary Rent 6 yard 2.29 Temporary Rent 8 yard 2.46 Placements 1-8 yard 13.68 Permanent 20-40 yard haul 88.68 10-40 yard Compactor haul 104.25 Permanent Rent 20 yard 40.27 Permanent Rent 25 yard 43.80 Permanent Rent 30 yard 48.11 Permanent Rent 40 yard 88.68 r c.n rids�ar�os is coewwa,�.y�a�c as APPENDIX"C"—Page 3 of 3 APPENDIX"D" RESIDENTIAL RATES Rate 1. Solid Waste and Recycling 1 Can $13.24 2 Cans $18.25 3 Cans $26.54 4 Cans $34.75 6 Cans $50.76 1 Can/mo $7.02 19 Gal Can $10.31 32 Gal Cart $13.78 32 Gal Cart - 2 $27.56 60 Gal Cart $18.90 60 Gal Cart - 2 $37.80 90 Gal Cart $26.81 90 Gal Cart—2 $53.62 90 Gal Cart—3 $80.43 90 Gal Cart—4 $107.24 1 Can— Senior $6.62 1 Can/mo— Senior $3.51 19 Gal Can— Senior $5.15 32 Gal Can— Senior S6.89 60 Gal Can— Senior $9.45 90 Gal Can— Senior $13.41 2. Yardwaste $6.64 P cr.,f fi US Op H.051!Ncdmu .A,O D0a First Reading: January 2, 2001 SOLID WASTE COLLECTION AND DISPOSAL, RECYCLING AND PROCESSING CONTRACT Between THE CITY OF KENT and WASTE MANAGEMENT OF WASHINGTON, INC. DIB/A TRI-STAR DISPOSAL, A DELAWARE CORPORATION APRIL 1, 2001- MARCH 31, 2011 12/20i0011:2>Art TABLE OF CONTENTS Page ARTICLE 1. DEFINITIONS..............................................................................................2 ARTICLE 2. GENERAL PROVISIONS...........................................................................5 2.1 Term................................................................................................................5 2.2 Work to be Performed.....................................................................................5 2.3 Minimum Level of Service and Self Haul......................................................5 2.4 Annexation......................................................................................................6 2.5 Contractor to Make Examination....................................................................7 ARTICLE 3. OPERATIONS..............................................................................................7 3.1 Collection........................................................................................................7 3.1.1 Route Map and Route Changes .......................................................7 3.1.2 Collection Schedule.........................................................................7 3.1.3 Collection at City-Owned Sites .......................................................8 3.1.4 Holiday Schedule.............................................................................8 3.1.5 Inclement Weather...........................................................................8 3.1.6 Missed Collections and Special Collections....................................9 3.1.7 Solid Waste, Recyclable !Materials, or Yard Waste Left Behind by Contractor..................................................................9 3.1.8 Semiannual Clean-Up Weeks and Special Events..............................9 3.2 Solid Waste and Recyclable %latenals Containers.........................................9 3.2.1 Residential Solid Waste Containers.................................................9 3.2.2 Residential Rec%,clin<, C'ontainers..................................................10 3.2.3 Residential Yard Waste Containers...............................................10 3.2.4 Commercial Containers .................................................................10 3.2.5 Containers GeneralIN. ....................................................................10 3.3 Contractor Service ........................................................................................10 3.3.1 New Customers..............................................................................10 3.3.2 Special Disabled Service ...............................................................11 3.4 Hauling and Disposal of Solid Wastes .........................................................11 3.4.1 Responsibility for Spills; Delivery to Disposal Site......................11 3.4.2 Hazardous Materials. .....................................................................11 3.5 Recycling and Yard Waste Collection and Processing.................................12 3.5.1 Required Services ..........................................................................12 3.5.2 Expanded Collection. Disposal, and Recycling.............................12 3.5.3 Landfill and Incineration Prohibited..............................................12 3.5.4 Material Deli%-er\• Standards ..........................................................12 3.5.5 Eligible Recyclable Materials........................................................12 3.5.6 Other ..............................................................................................13 12.-'20,00 11:25 AM -i- Page 3.6 Local Improvements.....................................................................................13 3.7 Contractor's Office. ......................................................................................14 3.8 Contractor's Records and Audit. ..................................................................14 3.8.1 City Access to Contractor Records................................................14 3.8.2 Compliance with Law; Documentation; Confidential Business Records...........................................................................14 3.8.3 Disclosure Demands. .....................................................................15 3.8.4 Monthly Reports ............................................................................15 3.8.5 Dump Receipts...............................................................................15 3.8.6 Customer Count.............................................................................15 3.8.7 Complaint Log ..............................................................................15 3.9 Contractor's Employees................................................................................15 3.9.1 Demeanor.......................................................................................15 3.9.2 Collection Procedures....................................................................15 3.9.3 Skills..............................................................................................15 3.10 Contractor's Equipment................................................................................16 3.10.1 Collection Vehicles........................................................................16 3.10.2 Collection Vehicle `laintenance....................................................16 3.10.3 Equipment Ownership ...................................................................16 3.11 Illegal Weights..............................................................................................16 ARTICLE 4. GUARANTEES, INSURANCE AND DEFAULTS.................................17 4.1 Violation of Ordinance .................................................................................17 4.2 Indemnification.............................................................................................17 4.2.1 Contractor's Indemnification of City.............................................17 4.2.2 Claims Subject to Indemnification ................................................17 4.2.3 City Liability to Contractor............................................................18 4.2.4 Notice to Contractor; Defense. ......................................................18 4.2.5 Applicability of RCW 4.24.115.....................................................18 4.2.6 Indemnification for Claims of Contractor's Employees................18 4.2.7 Royalties; License Fees; Patents....................................................18 4.2.8 No Indemnity Waiver. ...................................................................18 4.2.9 Indemnification Surviving Termination ........................................19 4.3 Damage to Property ......................................................................................19 4.4 Liability Insurance........................................................................................19 4.4.1 General Requirements....................................................................19 4.4.2 Coverages of Liability Polic\.. .......................................................19 4.4.3 Minimum Limits............................................................................20 4.4.4 Required Endorsements.................................................................20 4.4.5 ACORD Form................................................................................20 _ 4A.6 Compliance Required ....................................................................21 4.5 Payment of Claims........................................................................................21 4.6 Liens..............................................................................................................21 11'20,00 1 I:25 ANI -ii- Pate 1 4.6.1 Authority........................................................................................21 4.6.2 Procedure.......................................................................................21 4.6.3 Lien Foreclosure-Indemnification .................................................22 4.7 Default; Failure to Perform Contractual Obligations ...................................22 4.7.1 Contractor Default .........................................................................22 4.7.2 Consequences of Category A Default............................................23 4.7.3 Category B Default; Liquidated Damages.....................................24 4.7.4 Dispute Resolution.........................................................................26 4.7.5 Enforcement of Contract................................................................26 4.7.6 Right to Require Performance .......................................................26 4.7.7 Interruption of Contract Services ..................................................26 4.8 Bankruptcy....................................................................................................27 4.9 Force Majeure...............................................................................................27 ARTICLE 5. COMPENSATION .....................................................................................27 5.1 Commercial Rates.........................................................................................27 5.2 Residential Rates...........................................................................................27 5.3 Residential and Commercial Rate Adjustments (CPI) .................................27 5.4 Residential and Commercial Rate Adjustments—(other) ............................28 5.5 Other.............................................................................................................28 5.6 Rate Audit.....................................................................................................28 5.7 Dump Fees....................................................................................................29 5.8 Billing and Payment......................................................................................29 5.9 Collection......................................................................................................29 5.10 City Fees or Taxes ........................................................................................29 ARTICLE 6. N1ISCELLANEOUS PROVISION'S .........................................................29 6.1 Independent Contractor.................................................................................29 6.1.1 Contractor as Independent Contractor..............................................29 6.1.2 Contractor's Control of Project.........................................................29 6.2 Assignment ...................................................................................................29 6.2.1 Nonassignment of the Contract.........................................................29 6.2.2 Change in Control.............................................................................30 6.2.3 Binding Effect...................................................................................30 6.3 Applicable Law.............................................................................................30 6.4 Quality of Performance.................................................................................30 6.5 Contract.........................................................................................................30 6.5.1 Meaning of Contract Terms..............................................................30 6.5 2 Definitions Defined in RCW 70.95 and WAC 173-304...................30 6.5.3 Conflicting Definitions .....................................................................31 6.5.4 Entire Contract..................................................................................31 6.5.5 Amendment.......................................................................................31 12.20i00 1 L25 Apt -rrl- Pate 6.5.6 Successors.........................................................................................31 6.6 Intent of Contract Documents.......................................................................31 6.6.1 Comprehensive Contract...................................................................31 6.6.2 Comprehensive Services...................................................................31 6.6.3 No Waiver of Governmental Powers................................................31 6.7 Facilities and Personnel ................................................................................31 6.8 Time of the Essence......................................................................................31 6.9 Payment of Subcontractors and Agents........................................................32 6.10 Third-Party Beneficiaries..............................................................................32 6.11 Personnel Practices; Nondiscrimination.......................................................32 6.12 OSHA/WISHA .............................................................................................32 6.13 Contract Administration; Notices.................................................................33 6.13.1 City of Kent Representative..............................................................33 6.13.2 Contractor's Representative..............................................................33 6.13.3 Notices..............................................................................................33 6.14 Taxes, Permits and Fees................................................................................33 6.14.1 Contractor's Permits and Licenses ...................................................33 6.14.2 Other Taxes.......................................................................................34 6.15 Fines; Penalties .............................................................................................34 _ 6.16 Dissolution of the City and Successor to the City........................................34 6.17 No Personal Liability....................................................................................34 6.18 Severability...................................................................................................34 6.19 Waivers.........................................................................................................34 6.20 Disagreements...............................................................................................34 6.21 Governmental Authorit�................................................................................35 LIST OF APPENDICES Appendix A: Legal Description of Core Areas Appendix B: Listing and Map of City-Owned Buildings, Parks, and Sidewalk Containers to which Collection Services Apply Appendix C: Commercial Rates Appendix D: Residential Rates 12/20/00 1 L25 ANI -iv- SOLID WASTE COLLECTION AND DISPOSAL, RECYCLING AND PROCESSING CONTRACT Behveen THE CITY OF KENT and WASTE MANAGEMENT OF WASHINGTON,INC. DB/A TRI-STAR DISPOSAL This Contract is made and entered into on the last date fully executed below, by and between the CITY OF KENT, WASHINGTON (the "City"), a Washington municipal corporation, and WASTE MANAGEMENT OF WASHINGTON, INC. d/b/a Tri-Star Disposal ("Tri-Star"), a Delaware Corporation, (hereinafter called the "Contractor"). RECITALS WHEREAS, it is essential that residential, commercial and industrial solid waste be reduced and properly collected, recycled, and disposed of in order to avoid adverse environmental and social effects; and WHEREAS, the Contractor is qualified to provide solid waste collection and recycling services, including processing and distribution of recyclable materials to end markets, in accordance with the terms of this Contract; and WHEREAS, the Contractor agrees for the consideration stated to collect and dispose of solid waste, and to collect, process and market recyclable materials and yard waste collected within the City of Kent in accordance with this Contract; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein contained, THE CITY OF KENT and CONTRACTOR, hereby agree as follows: izro:oo 11 25 AM -1- ARTICLE I Definitions 1. "Annexed Areas I": Those areas annexed into the City of Kent after June 12, 1957 (annexed to the Core Area), within which Residential Customers will be serviced by Kent-Meridian Disposal, and within which Commercial Customers will be serviced by Contractor. 2. "Annexed Areas II": Those areas annexed into the City of Kent after April 1, 1991, or will in the future be annexed into the City of Kent (annexed to the Core Area and Annexed Areas I), within which Commercial and Residential Customers serviced by Kent-Meridian Disposal at the time of annexation will continue to be serviced by Kent-Meridian Disposal and within which Commercial and Residential Customers serviced by Contractor at the time of annexation will continue to be serviced by Contractor. 3. "City": The City of Kent, Washington. 4. "Commercial Areas": All areas in both the Core Area and Annexed Areas I and Annexed Areas II where Commercial Customers are located. 5. "Contract": This Solid Waste Collection and Disposal, Recycling and Processing Contract, its Appendices, and any amendments thereto. 6. "Contractor": Waste Management of Washington, Inc. d/b/a Tri-Star Disposal. 7. "_Contractor's Service Area" or "Service Area": All Commercial Customers within Annexed Areas I and those Commercial and Residential Customers, if any, in Annexed Areas II serviced by Contractor on the date of annexation of such area(s). S. "Commercial Customer(s)": All Customers that are not included within the definition of"Residential Customers" set forth below, which are within Contractor's Service Areas. Commercial Customers include Commercial Multi-family Customers as defined below. 9. "Commercial Multi-family Customers)": Multi-family residences containing more than four (4) dwelling units. 10. "Core Area": Historically, the city limits of Kent as it existed as of June 12, 1957, within which both Residential and Commercial Customers are to be serviced by Kent-Meridian Disposal, and as legally described in Appendix A. 11. "County": King County, a political subdivision of the State of Washington, its successors or assigns. 12/20/00 11:25 AM -2- 12. "Curb" or "Curbside": On the Customer's property, within five feet of the public street without blocking sidewalks, driveways, or on-street parking. If extraordinary circumstances preclude such a location for purposes of the collection of Solid Waste, Recyclable Materials, and Yard Waste, Curbside shall mean an alternate location suitable to the Customer, convenient to the Contractor's equipment, and mutually agreed to by the City and the Contractor. 13. "Customer(s)": Residential and Commercial Customers located within Contractor's Service Areas. 14. "Director": Director of Public Works, City of Kent, Washington, or such other representative as may be designated by the Mayor. 15. "Facility" or "Facilities": The Facility or Facilities owned, operated or used by the Contractor to perform its obligations under the Contract to pick up, transfer, load, unload, transport and dispose of Solid Waste and Recyclable Materials including but not limited to the transfer stations, transportation facilities, locations of delivery of all garbage, refuse or other Solid Waste to the King County Solid Waste System, Recyclable Materials Processing facilities, and any other Facilities or equipment described in the Contract or as designated by the City. 16. "Garbage Cans": A watertight, galvanized, sheet metal, raised-bottom container or suitable plastic container not exceeding four (4) cubic feet or thirty-two (32) gallons in capacity, weighing not over twenty-two (22) pounds when empty or sixty-five (65) pounds when full, fitted with two (2) sturdy handles, one (1) on each side and a tight cover equipped with a handle. 17. "Hazardous Waste": "Hazardous waste" under the Resource Conservation and Recovery Act, 42 U.S.C. §§ 69.61-69.87, as amended, or rules and regulations thereunder, or identified or defined as "extremely hazardous wastes" or as "dangerous wastes" under Chapters 70.105 or 70.105A RCW, or special wastes as defined in WAC 173-303, or rules and regulations thereunder. 18. "Material": Solid Waste, Recyclable Materials, and Yard Waste as defined herein. 19. "Inaccessible Area": An}, road that does not allow safe access, turnaround, or clearance for the Contractor's collection vehicles. 20. "Mobile Cart": A movable container that holds at least 60 gallons of Solid Waste, with a hinged-lid with a tight fit, thick skinned one-piece balanced weight body that sets on tires, which may be picked up at Curbside with a hydraulic dumping mechanism. The Director may approve Contractor use of alternative sizes of Mobile Carts. 21. "Party" or "Parties": The City of Kent, Washington; and Waste Management of Washington, Inc. d/b/a Tri-Star Disposal. 12n0r00 11:25 AM -3- 22. "Processor": The Recycling Processing Center(s).designated from time to time by the Contractor to process and market Recyclable Materials, to be separated as determined by the Contractor. 23. "Recyclable Materials": Waste materials generated in the City of Kent capable of reuse from a waste stream as designated by the Director, including but not limited to sorted or unsorted newsprint, glass, aluminum, ferrous and nonferrous cans, plastic materials, mixed paper, and cardboard accumulated and intended for recycling or reuse and collection by the Contractor. The term Recyclable Materials is more specifically defined in section 3.5.5. This term excludes all hazardous wastes and solid wastes intended for disposal in a landfill, incinerator, or solid waste disposal facility under WAC 173-304. All Recyclable Materials intended for collection by the Contractor shall remain the responsibility and ownership of the Customer until such Materials as contained in designated Recycle Containers are placed out for collection for the Contractor. Such Materials then become the responsibility and property of the Contractor subject to the right of the Customer to claim lost property of value. Unless otherwise noted, the term Recyclable(s) shall include Yard Waste. 24. "Residential Customer(s)": Customers dwelling in one-unit houses, mobile homes, and multi-family residences containing no more than four (4) dwelling units such as duplexes, tri- plexes, and four-plexes which are within Contractor's Service Areas. 25. "Service": Any and all matters and things that are required to be done, kept, performed and furnished under this Contract. 26. "Solid Waste": Shall be as defined by RCW 70.95.030 and WAC 173-304-100(73), and shall not include sludge from waste water treatment plants, septage from septic tanks, extremely hazardous waste, hazardous waste, dangerous waste, special waste, and problem wastes as defined in WAC 173-204 and 173-303, and RCW 70.105 and 70.105A. 27. "Solid Waste Utility": The City system of Solid Waste handling under Chapters 35.21 and 35.67 RCW and the Kent City Code. 28. "Work": Work includes those tasks to be performed consisting of the collection, disposal and/or processing of all Solid Waste and Recyclable Materials accumulated in the City. Work excludes all hazardous waste. 29. "WUTC": The Washington Utilities and Transportation Commission. 30. "Yard Waste": Compostable organic Material including leaves, grass, branches, brush, flowers, tree wood waste, and other biodegradable waste that may be designated by the Director. Yard Waste includes limbs and branches not over four (4) inches in diameter or four (4) feet in length. Yard Waste does not include animal waste, rocks, dirt, significant amounts of sod, and demolition debris such as concrete, wall board, lumber or roofing material, except incidental amounts. 12/20,00 11:25 AS7 -4- ARTICLE 2 General Provisions 2.1 Term. The term of this Contract shall be for a period of ten (10) years commencing on the 1st day of January 2001 and terminating after ten (10) years on December 31, 2011. The Contract, entitled "Solid Waste Collection and Disposal, Commercial Recycling and Processing, and General Contract," executed by the parties on or about December 1992 for service for the period April 1, 1991 through March 31, 2001, is hereby superseded and terminated on the effective date of this Agreement. 2.2 Work to be Performed. Subject to preemptive federal or state law, and the Solid Waste Disposal Agreement Between King County and the City of Kent, dated December 31, 1986, the work to be performed consists of the Contractor's exclusive right to collect, haul and transport Solid Waste, Recyclable Materials, and Yard Waste as defined herein and in Kent City Code Chapter 7.03, as amended, from those Residential and Commercial Customers as defined in Contractor's Service Area(s) for Solid Waste disposal and/or delivery to Recyclable Materials processing centers for the term of this Contract and in accordance with the provisions hereof, provided, however, that any areas within the City heretofore or hereafter annexed which are subject to a franchise or WUTC certificate held by third parties pursuant to RCW 35A.14.900 are hereby excluded from the terms of this Contract until such time as the City has complied with the provisions of RCW 35A.14.900 and the franchise or permit has terminated. Areas annexed to the City which are serviced by Contractor with a franchise or a WUTC certificate are subject to section 2.4 of this Contract. It is acknowledged that Contractor currently does not service a significant number of Residential Customers, if any, in Contractor's Service Areas; however, Contractor acknowledges that Residential Customers may be added to Contractor's Service Areas as the City annexes areas into the City, at which time the provisions of this Contract relating to Residential Service shall apply. 2.3 Minimum Level of Service and Self Haul. Pursuant to Kent City Code Chapter 7.03, all persons and property shall be subject to and responsible for the minimum level of service and charges for service for residential and commercial solid waste, and residential and commercial multi-family recyclable materials, as applicable, whether or not such persons or property use the service, except as otherwise provided for in Chapter 7.03. Contractor's exclusive right granted herein shall not limit the right of waste generators to collect, transport, process, store and dispose of any Solid Waste, Recyclable Materials, or Yard Waste generated solely from their specific property, nor shall it limit waste generators' rights to contract with third parties (e.g., landscape or yard maintenance companies) to transport, process, store and dispose of Yard Waste so long as the third party's treatment of Yard Waste is incidental to the service the third party is providing the resident. With the exception of self hauling by waste generators and the City's contractors and agents, no other use of, or scavenging of, collected Materials is permitted without the permission of the City. 12/20'00 11:25 AAt -5- 2.4 Annexation. If, during the life of this Contract, additional territory is added to the City through annexation within which the Contractor has an existing WUTC certificate or other franchise for Solid Waste, Recyclable and/or Yard Waste at the time of annexation, the Contractor shall make collection in such annexed area in accordance with the provisions of this Contract at the unit prices set forth in this Contract. The City acknowledges that equipment, such as trucks, carts, and containers, may take time to procure and, therefore, shall not penalize the Contractor for delays in the provision of services to annexed areas due to procurement delays that are not within the reasonable control of the Contractor. In the event the City annexes areas within which the Contractor has an existing WUTC certificate or other franchise for Solid Waste and refuse collection and removal, the Contractor agrees, by accepting this Contract from the City, that the certificate or franchise applicable to the annexed areas shall be deemed canceled on the effective date of the annexation. The Contractor shall continue to service the area it previously served in the newly annexed areas under the terms and conditions set forth in this Contract and waives any and all claims or rights for compensation or damages as outlined in RCW 35A.14.900 from the City, its agents, officers or assigns arising out of the cancellation of the previous permit or franchise. The Contractor shall serve its Service Areas in the newly annexed areas for a term of not less than seven (7) years from the date of annexation, and the City, pursuant to RCW 35A.14.900 and as required by said statute, shall not extend similar or competing services to the annexed territory for a period of seven (7) vears after the date of annexation, except upon a proper showing of inability or refusal of Contractor to adequately service newly annexed territory. The right granted hereunder to serve newly annexed territory for a term of seven (7) years from the date of annexation shall require such service to be in accordance with the terms of this Contract even if the Contract has otherwise expired. This Contract is in lieu of a franchise as provided in RCW 35A.14.900. 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 certificate 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 other than the compensation for services contained in this Contract. Contractor expressly waives and releases any claim to territory which it is not currently servicing as of the date of execution of this Contract, as well as of territory it is not servicing in any firture annexed areas as of the date of such annexation. Both parties agree that in the event the City should elect to acquire Contractor's rights of collection prior to the expiration of the seven (7) year period subsequent to annexation, the City will pay fair market value for the remainder of the seven (7) year period. That payment shall satisfy any and all damages suffered or claims made by Contractor. If, during the life of the Contract, additional territory is added to the City through annexation within which the Contractor does not have an existing WUTC certificate or other franchise for Solid Waste or other collections, in such event and upon notice from the City, Contractor agrees to make collections in such annexed areas in accordance with the provisions of this Contract at the unit price set forth in this Contract. The City acknowledges that equipment, such as trucks, carts, and containers may take time to procure for distribution and, therefore, shall >-zo 00 1 i-z5 AM -6- not penalize the Contractor for delays in the provision of services to annexed areas covered by the paragraph, due to procurement delays that are not reasonably within the control of the Contractor. 2.5 Contractor to Make Examination. The Contractor shall undertake its own examination, investigation, and research regarding the proper method of doing the Work, and all conditions affecting the work to be done; the labor, equipment, and materials needed; and the quantity of the work to be performed. The Contractor agrees that it is satisfied by its investigation and research regarding all of such conditions, and that its conclusion to enter into this Contract is based upon such investigation and research, and that it shall make no claim against the City because of any of the estimates, statements, or interpretations made by any officer or agent of the City which may prove to be in any respect erroneous. The Contractor assumes the risk of all conditions foreseen or unforeseen and agrees to continue the work without additional compensation under whatever circumstances that may develop other than as herein provided. ARTICLE 3 Operations 3.1 Collection. 3.1.1 Route May and Route Changes. For any residential collection work performed under this Contract, the Contractor shall show, on a map furnished to the Director, the day of the week when Solid Waste, Recyclables, and Yard Waste shall be collected from each area or route. The Contractor may change the day of collection giving notice to the Director and the Customers. Routing changes must include a new route map. 3.1.2 Collection Schedule Residential pickups shall be made Monday through Friday from 7:00 a.m, to 4:00 p.m., unless otherwise approved by the City in writing. Commercial pickups may take place at any time on the designated weekday, provided that the Contractor's operation does not disturb Residential Areas or Facilities. Should Residential Areas be interspersed with Commercial Areas, the collection times shall be limited to 7:00 a.m. to 4:00 p.m. The Director shall make the final decision on the suitability of collection hours for each route or location. The Director may reverse the decision with regard to the suitability of the collection hours at any time, and such decision shall take effect seven (7) days after written notice is sent to the Contractor. At a minimum, the Contractor shall make one Solid Waste collection per week from Residential and Commercial Customers and maintain a regular schedule, as approved by the director, for Recyclable Materials and Yard Waste collection from Residential and Commercial Customers. Residential collection shall be at Curbside with the exception of Customers with physical disabilities as provided for in section 3.3.2. Collection at buildings, places of business, or premises where Solid Waste and Recyclable Materials are accumulated or generated shall be made daily if necessary, or as requested. The Contractor shall comply with reasonable requirements of Customers with respect to security, location of containers and frequency of removal. 12,20 00 11:25 AN7 -7- 3.1.3 Collection at City-Owned Sites. The Contractor agrees to provide for the collection, removal, disposal of Solid Waste, Recyclable Materials, and Yard Waste from City- owned and occupied buildings used only for governmental purposes and from City parks within Annexed Areas of the City. Such collection, removal and disposal shall be without charge to the City, provided that the Solid Waste, Recyclable Materials, and Yard Waste are placed in containers conveniently located for collection. Appendix B lists current City-owned buildings and parks to which this section applies. The Contractor further agrees to service all City sidewalk containers in the Contractor's area of service as often as needed, and at least once a week. Appendix B includes a map with the locations of current City sidewalk containers. Additions, deletions or changes in collection from City-owned buildings, parks and sidewalk containers shall be subject to change as directed by the City. The Director may waive the requirements of this section under special circumstances. 3.1.4 Holiday Schedule. The Contractor shall designate the holidays to be observed under this Contract. The Contractor shall determine the schedule to be worked if the holiday falls on a regular collection day. The Contractor shall provide the City with notice in writing of the change in collection schedule at least thirty (30) days prior to the holiday. The Contractor shall arrange to have the schedule published in a newspaper of general circulation within the corporate limits of the City. Deviation from the published schedule shall be subject to liquidated damages provided in section 3.7.3 _ 3.1.5 Inclement Weather. When weather conditions are such that continued operation would result in danger to collection staff, area residents or equipment, the Contractor shall collect only in areas that do not pose a danger. The Contractor, upon notice to the City, shall determine when inclement weather prevents the Contractor from providing service on a regularly scheduled collection day. For Customers with «eekly collection service, the Contractor shall then make collection on the next regularly scheduled collection day for the Customers whose collection was missed. For Customers with collection services less frequent than weekly, Contractor shall make collection within one week of the missed scheduled collection date, unless otherwise approved by the Director. When service is resumed, the Contractor shall pick up additional Solid Waste, Recyclable Materials, and Yard Waste, up to the maximum volume the Customer would have left for collection during the interval v.hen collections were missed, at no additional cost, and shall empty temporary receptacles, to the extent practicable, that Customers have used when the regular Solid Waste and Recyclable Materials containers have been filled. In the event of an inclement «eather condition that prevents the Contractor from providing the regularly scheduled service, the Contractor shall notify the City as soon as possible of the delay in the collection schedule and shall notify radio stations of the delay including, but not limited to, KIRO 710AM, KING 1090AM, and KONIO 1000AM. The Contractor shall also notify the City when collections can resume and shall make such notice prior to resuming collections. On inclement weather days. Customers shall have the option of taking their Solid Waste to a King County Transfer Station. In these self-help cases, the Customer shall be entitled to an adjustment to the Customer's collection fee upon submittal by the Customer to the Contractor of a dump fee receipt. The amount of the adjustment will correspond to the normal rate structure and shall be calculated for the number of pickups for which service was provided by the Customer and i,;zo 00 i 1:25 AM -8- not by the Contractor. The adjustment shall be deducted from the Contractor's next billing to the Customer. 3.1.6 Missed Collections and Special Collections. Adequate provision shall be made by the Contractor to provide special collections when Solid Waste, Recyclable Materials, or Yard Waste have not been collected due to Contractor error during the regularly scheduled trip. Special pickups for missed collections shall be made by the Contractor when ordered by the Director or his representative at no cost to the City or the Customer, except for misses caused by Customer error. If the Contractor fails to provide a special pickup within twenty-four(24) hours of notification by the Director or his representative (weekends excepted), the Director or his representative may cause the work to be done by City personnel. In any case, the Contractor shall pay liquidated damages for late special pickups or for failure to perform special pickups as provided for in section 4.7.3. The time count for assessing liquidated damages shall begin at the time of the notification by the Director or his representative. Should the City cause the work to be done by City personnel, the City shall charge the Contractor an additional $70 for each such pickup. 3.1.7 Solid Waste, Recvclable Materials, or Yard Waste Left Behind by Contractor. For residential work performed under this agreement, the Contractor must affix a tag to Containers of Solid Waste, Recyclable Nlaterials, or Yard Waste left purposely to indicate why they were not picked up. The tag must notify Customers of the reason(s) the Containers were not emptied or collected and indicate possible remedies. After three successive denied collections, the Contractor shall also notify the City of the address where the Solid Waste, Recyclable Materials, or Yard Waste were not emptied or collected. Failure to notify Customers or the City may incur liquidated damages as provided in section 4.7.1. 3.1.8 Semiannual Clean-t'p Weeks and Special Events. Pursuant to Kent City Code Chapter 7.03, the Contractor shall pro-ide collection services as required by the City for the City's semiannual clean-up weeks for Commercial and Residential Customers. Each January, the Contractor shall pick up Christmas trees from the Commercial and Residential Customers within Contractor's Service Areas. Said services shall be provided at no additional cost to the City or the Commercial and Residential Customers. For purposes of the semiannual clean-up weeks and Christmas tree pick up, Commercial Customers means and is limited to Commercial Multi-family Customers. The Contractor shall also provide collection for special events as requested by the City. Charges for such services shall be determined through negotiations between the City and the Contractor based on the extent of service to be performed. 3.2 Solid Waste and Recvclable Materials Containers. 3.2.1 Residential Solid Wastc Containers. At the election of each Residential Customer, the Contractor shall provide one sixty (60) or ninety (90) gallon "Mobile Cart" for the storage and collection of Solid Waste. The Contractor shall provide stickers or another identification method for differentiating among the Solid Waste, Recyclable Materials, and Yard Waste Mobile Carts. Nothing contained herein shall prohibit any Customers from providing their own garbage cans, as defined in Article l "Definitions," in lieu of using the Contractor's Mobile 12.20 00 1125 AM -9- Carts, provided said container is compatible with the Contractor's equipment; in such cases the Customer shall be responsible for Container maintenance. 3.2.2 Residential Recycling Containers. Contractor shall provide each residential customer with a recycling container(s) and utilize a collection/sort program as approved by the Director. If it is possible for a Customer to reduce the size of the Solid Waste container when installing a Recycle Container, the Contractor shall supply the appropriate size Solid Waste container. 3.2.3 Residential Yard Waste Containers. Contractor shall provide each Customer with the opportunity to utilize either a Customer-owned Yard Waste Container, subject to Contractor approval, or to rent a Contractor-owned, Director approved, Yard Waste Container. The maximum volume of Yard Waste per Customer per collection day will be limited to ten (10) units. One (1) Contractor provided ninety (90) gallon Container, plus seven (7) units, is equivalent to ten (10) units. A garbage can, cardboard box, bundle or Kraft paper bag with a capacity not exceeding thirty-two (32) gallons in volume (approximate) and weighing no more than sixty-five (65) pounds when full, will constitute one (1) unit. 3.2.4 Commercial Containers. The Contractor shall provide Commercial Customers with appropriate containers for Solid Waste, Recyclable Materials and Yard Waste. Solid Waste Containers shall be separately identifiable from Recyclable Materials and Yard Waste Containers. The Commercial Recvcle Containers shall be serviced by the Contractor on a scheduled or an on-call basis with a once-per-month pickup minimum. 3.2.5 Containers Generallv. All Containers supplied by Contractor shall remain the property of the Contractor. In the event a Contractor-supplied Container(s) is damaged, destroyed, lost or stolen, Contractor shall, within seven (7) calendar days, replace the Container(s) at no cost to the Customer. If damage to any Contractor-supplied Container is due in whole or in part to the Customer's negligence, then the Contractor may seek compensation from the Customer for that damage, but only to the extent of the Customer's negligence or contributory fault. In the event a Customer-supplied Container(s) is damaged, destroyed or lost and if that damage, destruction, or loss is due in whole or in part to the Contractor's negligence, Contractor shall, within seven (7) calendar days, replace the Container(s) at no cost to Customer. The location of Mobile Carts or containers shall be agreed upon between the Contractor and the Customer, provided that the location shall be consistent with the provisions of all City ordinances and at a minimum will be placed so as to avoid any hazard to the public both while on the Customer's premises and while being serviced by the Contractor. 3.3 Contractor Service. 3.3.1 New Customers. Upon becoming aware of a new Residential or Commercial Customer in the City, the Contractor shall provide Services to the new Customer within seven (7) _ days. If the Contractor is unable to provide the size of container ordered by the Customer within seven (7) days, the Contractor may temporarily provide the Customer with any size container, provided, however, the service provided to the Customer and the rate charged shall be 12:20/00 11:2�ANI -10- commensurate with the size of the container ordered. Temporary containers shall be delivered within seven (7) days. See section 2.4 for information regarding annexations. 3.3.2 Special Disabled Service. The Contractor shall provide Special Disabled Service to Residential Customers that are unable to move their garage and/or recycling receptacles to the Curbside due to physical handicap, disability, or infirmity. The Contractor shall provide applications for Special Disabled Service to each Residential or Commercial Customer within fourteen (14) days of commencing Service and within seven (7) days of the Contractor becoming aware of any new Customers. The Contractor shall visit the residential or commercial establishment of applicants and shall screen applicants to determine legitimate need. Standards for legitimate need shall be determined by the City in consultation with the Contractor. The Contractor shall provide Special Disabled Service in cases where no employee of the Customer is physically able to move the mobile-cart(s) to the Curbside. In any case, the Contractor shall not be required to offer this service to more than five (5) percent of Residential and Commercial Customers. The Contractor will not be required to enter any commercial establishment in the course of providing Special Disabled Service. 3.4 Hauling and Disposal of Solid Wastes. 3.4.1 Responsibility for Spills; Delivery to Disposal Site. The Contractor shall practice caution in the loading and transportation of Solid Wastes so that any leaking, spilling or blowing is prevented. The Contractor shall immediately, or upon notice from the City, clean up any spills. The Contractor shall deliver at its cost all Solid Waste collected, except Hazardous Waste, under this Contract to the disposal sites approved by the City or designated in the King County Comprehensive Plan. The Contractor may seek adjustment in rates as a result of City designation of disposal sites in accordance with section 5.4. Upon request from the City, the Contractor shall furnish written evidence that it has necessary approvals and permits to utilize any site chosen for the duration of this Contract. The Contractor shall operate under applicable rules and regulations that may be a part of using such facilities for the disposal of Garbage. The Contractor shall not knowingly collect materials that violate the law or applicable Federal, State or County guidelines. 3.4.2 Hazardous Materials. Under no circumstances shall the Contractor knowingly deliver to King County disposal sites and Facilities any waste identified or defined as a "hazardous waste" as defined in Article 1. Because violation of this section is cause for immediate termination of the City's agreement Nvith the County, the Contractor shall be held strictly liable for any damages caused to the City due to the knowing violation of this section. Termination of the City's agreement with the County shall not terminate the Contractor's strict liability to the City and the County for knowing violation of this section. All Solid Waste or Recyclable Materials delivered by the City through its Contractor to King, County disposal or processing Facilities shall be in compliance with the Federal Resource Conservation and Recovery Act, as amended; RCW Chapter 70.95; King County Board of Health Rules and Regulations No. VIII, as amended; and all t 2no;oo t t:25 ANt -1 1- other applicable federal, state, and local environmental and. health-related laws, rules, and regulations. 3.5 Recycling and Yard Waste Collection and Processing. 3.5.1 Required Services. The Contractor shall pay all costs of processing and marketing Recyclable Materials and Yard Waste. The Contractor shall deliver collected Recyclable Materials and Yard Waste to a recycling Processor selected by the Contractor with notice to the Director. The Contractor shall keep records of the tonnage of Recyclable Materials and Yard Waste collected and shall make a monthly report of the total tonnage to the City. Consistent with the King County Solid Waste Management Plan, to the extent practicable, such reports by Contractor shall include amounts of Recyclable Materials and Yard Waste by material type. Compensation received by the Contractor for Recyclable Materials and Yard Waste shall belong to the Contractor. 3.5.2 Expanded Collection. Disposal, and Recycling. Future collection, disposal, and recycling efforts that may be implemented by the City during the Contract period include additional collection, disposal, and recycling of other Materials not previously being collected, disposed, or recycled under this Contract. Such Materials include but are not limited to dangerous and hazardous wastes, used oil, batteries, and other waste. If such materials are to be collected, disposed, or recycled, the City agrees to negotiate rates with the Contractor to cover such additional services. 3.5.3 Landfill and Incineration Prohibited. All Recyclable Materials and Yard Waste must be transported and delivered to a Processor as designated by the Contractor in consultation with the City. Without the express yritten consent of the Director, the Contractor is prohibited from landfill disposal or incineration of collected Recyclable Materials and Yard Waste or from marketing materials that .gill be landfilled or incinerated. Violation of this provision may result in liquidated damages consistent %ith section 4.7.3 or may be cause for termination of this Contract. 3.5.4 Material Delivery Standards. The Contractor shall deliver Recyclable Materials that meet industry quality standards; permitted contamination levels shall be based on current industry standard requirements and may change from time to time as market conditions change. The industry standards to be used for Recyclable Materials delivered to the Processor are described beloNv. Details regarding the standards and permitted contamination levels shall be determined by the Contractor and the Processor %vith the Director's approval, after a six-month initial shakedown period. Permitted contamination levels shall in no event exceed ten (10) percent but may be lower for various categories of Recyclable Materials, based on the levels necessary for the Processor to sell them on available markets. If the Contractor and Processor are unable to agree on any standards or contamination levels, the Director shall arbitrate the dispute. 3.5.5 Eligible Recyclable Materials. Materials to be collected include the following: 12/20,00 11,25 ANI -12- a. Glass, cans, and plastic: These materials may be combined; however, the constituent commodities shall meet the following standards individually. Glass: shall be free of ceramics, dirt, and excessive lids still on container. Cans: shall consist of steel, "tin," and aluminum cans free of dirt, paper, and food residue. Plastic: shall consist of only PET beverage bottles and HDPE milk jugs or other containers bearing the plastic identification symbol or"2", or as mutually authorized by the Contractor and Director in writing. b. Mixed waste paper and cardboard: Consists of mixed papers and corrugated cardboard. Wood, ashes, dirt, as well as poly-coated, tissue, towel, and carbon papers, are prohibited in quantities that exceed the Paper Stock Institute's current standard for grade #1; "Mixed Paper" shall be as described in the PS-90 or successive Scrap Specification Circular. C. Newspaper: Consists of newsprint and inserts in proportions normally included in newspapers. Delivered newspaper shall conform to the Paper Stock Institute's current standards for grade 46; "News" shall be as described in the PS-90 or successive Scrap Specifications Circular. d. Yard Waste. The Contractor shall provide for Yard Waste service as follows: (i) Residential. The Contractor shall collect residential Yard Waste, which shall include grass, clippings, leaves, pruning, branches (cut to less than three feet and under four inches in diameter), brush, garden material, weeds, and tree limbs (also cut to less than three feet), together with any other materials that the City and Contractor mutually determine to be recyclable. Materials may be bundled with cotton or other similar organic string only. Acceptable Containers for Yard Waste include garbage cans with handles, Kraft paper bags capable of supporting their contents, or sturdy cardboard boxes capable of supporting their contents, with a capacity not exceeding thirty-two (32) gallons in volume (approximate) and weighing no more than sixty-five (65) pounds when full. (ii) Commercial. The Contractor shall provide participating Commercial Customers with a brochure outlining what Yard Waste materials are acceptable for collection and ho"v the materials are to be prepared and placed for collection. Educational and promotional activities shall be the responsibility of the Contractor. The Contractor shall use its best efforts to make the program successful. 3.5.6 Other. The Contractor shall dispose of Yard Waste pursuant to KCC 7.03.045 or as authorized by the Director. The Contractor shall cooperate with the City in providing Yard Waste statistics and reports as required by King County Ordinance 9928. Nothing in this section shall prohibit Customers from composting Yard Waste. 3.6 Local Improvements. The City reserves the right to construct any improvement or to permit any such construction in any street or alley in such manner as the City may direct, which may have the effect of preventing the Contractor from traveling any accustomed collection route or 12r 20.00 11.25 AM -1 3- routes for limited periods of time. The Contractor shall, however, by whatever method selected, continue to collect Solid Waste, Recyclable Materials, and Yard Waste to the same extent as though no interference existed upon the streets or alleys formerly traversed. This shall be done without extra cost to the City. 3.7 Contractor's Office. The Contractor shall maintain an office in a location as approved by the Director. The office shall include telephones and such attendants as may be necessary to handle Customer requests for service, complaints, orders for special service or instructions from the Director. The Contractor's office shall be in operation between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. During nonbusiness hours, the Contractor shall provide a telephone response answering machine with a recording or employ an answering service. The recording or answering service shall involve a local rather than long-distance telephone call for the Customer and shall state the days and hours the Contractor is open for business. 3.8 Contractor's Records and Audit. 3.8.1 City Access to Contractor Records. The Contractor shall maintain full and complete accounting records, prepared in accordance with Generally Accepted Accounting Principles, reflecting the Contractor's work on this Contract. The Contractor agrees to maintain such documents and records as required by the City with respect to hauling routes, tonnage recycled or disposed of, and related documentation and any books, documents, papers and records that are directly pertinent to this Contract. The Contractor shall allow the City or any of its duly authorized representatives access to all such documents and records for any reasonable purpose and at reasonable times during the term of the Contract and for two years thereafter for inspection and copying. The Contractor shall include this clause in its contracts with any and all subcontractors, such that the City shall have similar access to subcontractor documents and records. The Contractor and subcontractors shall maintain an adequate system of books and records capable of review, financial audit, and copying in order for the City to verify the accuracy of any such records, provided, however, that the City shall not disclose information which may reasonably be construed to be confidential and if divulged may seriously jeopardize the Contractor's competitive position. 3.8.2 Compliance with Laxv, Documentation, Confidential Business Records. The Contractor, its officers, employees, agents and subcontractors shall comply with applicable federal, state, county, regional or local law, statutes, rules, regulations or ordinances, including those of agencies having jurisdiction over the Contractor's performance under the Contract. The City shall have the right to inspect copies of all correspondence or any other documents sent to or received from the Contractor or its subcontractors related to the Contractor's compliance with applicable law, except for correspondence or other documents protected by an attorney-client privilege. The Contractor may designate documents as confidential business records. If so designated, those documents shall be inspected by an independent accountant or other third party designated by the City and approved by the Contractor, acting reasonably; the third party selected shall determine whether the documents are relevant to the Contractor's compliance with applicable law. If the third party determines that the documents are relevant, the City may inspect and copy the documents. For documents that contain both relevant and irrelevant information, the third party may delete any irrelevant information. The third party may at the Contractor's discretion be required to sign a reasonable confidentiality agreement. The requirement of this section shall survive the expiration 12;20,0011 z_n+I -14- of the Contract. All unresolved disputes arising under this section.that do not rise to the level of a Category A Dispute shall be resolved in accordance with section 4.7.4. 3.8.3 Disclosure Demands. In the event of any demand or claim against the City for disclosure of the Contractor's records under Chapter 42.17 RCW, the City shall notify the Contractor. The Contractor may request nondisclosure, and the City may at its discretion tender defense of the demand or claim to the Contractor. The Contractor shall pay all costs associated with such defense, including attorney fees or other costs that may be awarded to the person seeking disclosure. 3.8.4 Monthly Reports. The Contractor shall furnish to the City monthly reports within thirty (30) days of the end of each month showing the number of tons of Solid Waste hauled by the Contractor to the disposal site during the previous month. Separate records showing tonnage of Recyclable Materials and Yard Waste hauled to processing Centers shall be reported to the City monthly, in accordance with section 3.5.1. Separate reports shall be submitted showing collection of Solid Waste, Recyclable Materials, and Yard Waste from City facilities. 3.8.5 Dump Receipts. The Contractor shall keep records of Solid Waste collected and charges therefor. Copies of dump receipts shall be maintained by the Contractor and provided to the City upon request. The original dump receipt shall remain in the Contractor's office as part of its permanent records. 3.8.6 Customer Count. The Contractor shall provide the City with a Customer count by the type of Customer, whether Residential or Commercial. 3.8.7 Complaint Lod. A daily log of complaints shall be maintained. A copy of the complaint log and any vehicle logs shall be submitted to the City when requested, provided, however, Contractor shall provide quarterly to City a summary of the complaint log. 3.9 Contractor's Emplovees. 3.9.1 Demeanor. The Contractor shall require its employees to be courteous at all times. The Contractor's employees shall not use loud or profane language and shall do the Work in Residential and Commercial Areas as quietly as possible. Specific questions as to service rates or changes of existing service should be referred to the Contractor's offices and not handled by collection personnel. 3.9.2 Collection Procedures. Collection personnel, in collecting Solid Waste, Recyclable Materials, and Yard Waste shall follow the regular walks for pedestrians while on private property, returning to the street or alley after replacing the empty containers. They shall replace all container covers and close all gates opened by them. Collection personnel shall not trespass or loiter, cross property to adjoining premises, or meddle with property that does not concern them. 3.9.3 Skills. All Contractor's employees shall be competent and skilled in the performance of the Work to which they may be assigned. Failure or delay in the performance of 12/20/00 1 1:25 Abt -15- this Contract due to the Contractor's inability to obtain employees of the number and skill required shall constitute a default of the Contract. Should an employee be deemed unsatisfactory by the City, such judgment shall be related in writing to the Contractor. The Contractor will have thirty (30) days to correct the situation to the City's satisfaction. This paragraph shall not interfere with any union Contract between the Contractor and any employee or union representatives. 3.10 Contractor's Equipment. 3.10.1 Collection Vehicles. The Contractor shall provide an adequate number of Solid Waste collection vehicles, as well as Recyclable Materials and Yard Waste collection vehicles, approved by the City for regular collection services. The vehicles shall be of a type designed and manufactured for (1) the collection of Solid Waste (including the capability of servicing Mobile Cart containers), and of (2) the collection of Recyclable Materials and Yard Waste. Collection vehicles used outside of the City limits shall also meet with all applicable requirements of other political jurisdictions to or through which the collection vehicles travel. Collection vehicles shall be licensed and approved for safe operation by all appropriate State agencies. 3.10.2 Collection Vehicle Maintenance. Collection vehicles shall be kept in good repair, appearance and sanitary condition at all times. All collection vehicles shall be thoroughly washed and cleaned in a manner satisfactory to the City at least once per week. Each collection _ vehicle shall have the Contractor's name and telephone number and an identifying number clearly visible on each side of each vehicle, and the identifying number on the rear. No advertising shall be permitted other than the name of the Contractor. The Contractor shall not use a firm name containing the word "City" or any other words implying municipal ownership. Areas used by the Contractor for the storing, parking or repair of collection vehicles shall be kept in a clean and orderly condition. Any equipment found not to comply with the standards delineated in this section shall be taken out of service and brought up to standards before being placed back in City service. 3.10.3 Equipment Ownership. All vehicles, facilities, equipment and property used in the performance of this Contract shall be wholly owned by the Contractor, provided, leasing or rental agreements shall be allowed and conditional sales contracts, mortgages, or other contractual arrangements for financing the purchase of such equipment shall be allowed. 3.11 Illegal Weights. The Contractor shall not be required to haul detachable containers or drop boxes that are overloaded or filled to a weight which exceeds the legal weight limit. The Contractor may, at its option, require the Customer to remove the excess, or the Contractor may remove the excess itself and charge the cost of removal to the Customer. 12/20/00 11:25 AM -16- ARTICLE 4 Guarantees, Insurance and Defaults 4.1 Violation of Ordinance. The Contractor shall report in writing to the Director any observed violation of the provisions of this Contract, Kent City Code Chapter 7.03 of other relevant city code provisions providing for and regulating the collection, removal and disposal of Solid Waste and Recyclable Materials. The Director shall cause an investigation of the report and, upon receipt of the findings, take appropriate action to obtain compliance with said ordinances. 4.2 Indemnification. 4.2.1 Contractor's Indemnification of City. Except as expressly provided in this section, the Contractor shall at all times during the term of the Contract indemnify, hold harmless and defend the City, its elected officials, officers, employees, agents and representatives from and against any and all losses, damages, costs, charges, expenses, judgments and liabilities, including attorney fees (collectively, "losses"), directly or indirectly resulting from, arising out of, or related to any occurrence, conduct, or operation of or by the Contractor under this Contract, including but not limited to one or more claims described in section 4.2.2. The indemnity provided in this section shall not apply to losses solely resulting from the negligence or intentional acts of the City, its agents or employees. Except as otherwise provided immediately above, it is the intention of the parties that the Contractor's indemnification apply to claims arising from the concurrent negligence of the City and the Contractor, or their respective agents, employees or subcontractors. 4.2.2 Claims Subject to Indemnification. The term "claims" as used in this section means all claims, lawsuits, causes of action, damages, penalties, charges, judgments, losses, liabilities of any character or kind and other legal actions and proceedings of any nature, whether or not asserted in a judicial forum, including but not limited to claims, lawsuits, causes of action, and other legal actions and proceedings involving bodily or personal injury or death of any person or damage to any property (including but not limited to persons employed by the City, the Contractor or any other person and all property owned or claimed by the City, the Contractor, any affiliate of the Contractor or any other person) that are in any way connected with: a. The performance or nonperformance of any provision or requirement of the Contract by the Contractor, its officers, employees, subcontractors, agents or servants; b. Any act or omission of the Contractor, its officers, employees, subcontractors, agents or servants at any of the Facilities; or C. The failure of the Contractor, its officers, employees, subcontractors, agents or servants to comply in any respect with the provisions and requirements of all applicable permits, licenses, laws, statutes, regulations, ordinances, codes, orders and all other legal requirements of federal, state, regional, County and local government entities and agencies having jurisdiction over the Facilities or relevant activities of the Contractor. 12.'20 00 11:25 nht -17- 4.2.3 City Liability to Contractor. The City shall not be liable to the Contractor for, and the Contractor hereby releases the City from, all liability for any injuries, damages or destruction to all or a part of any property owned or claimed by the Contractor that directly or indirectly results from, arises out of or is related to the Services under this Contract, unless that liability as between the City and the Contractor solely arises from the negligence or intentional acts of the City, its agents or employees. 4.2.4 Notice to Contractor; Defense. In the event an action is brought against the City for which indemnity may be sought against the Contractor, the City shall promptly notify the Contractor in writing. The Contractor shall have the right to assume the investigation and defense, including the employment of counsel and the payment of all expenses. On demand of the City, the Contractor shall at its own cost and expense defend, and provide qualified attorneys acceptable to the City under service contracts acceptable to the City to defend, the City, its officers, employees, agents and servants against any claim in any way connected with the events described in section 4.2.2. The City shall fully cooperate with the Contractor in its defense of the City, including consenting to all reasonable affirmative defenses and counterclaims asserted on behalf of the City. The City may employ separate counsel and participate in the investigation and defense, but the City shall pay the fees and costs of that counsel unless the Contractor has agreed otherwise. The Contractor shall control the defense of claims (including the assertion of counterclaims) against which it is providing indemnity under this section, and if the City employs separate counsel, the City shall assert all defenses and counterclaims reasonably available to it. 4.2.5 Applicability of RCW 4.24.115. If a court of competent jurisdiction determines that the Contract is subject to RC%V 4.24.115, the Contractor's liability to indemnify the City for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of the Contractor and the City shall be limited to the Contractor's negligence. 4.2.6 Indemnification for Claims of Contractor's Employees. It is further specifically and expressly understood that the indemnification provided in this section extends to suits against the City for injuries sustained by any person directly or indirectly employed by the Contractor. However, the City shall assert in any claim made by a person employed by the Contractor that the employee's remedy is limited to that provided under applicable workers' compensation statutes. 4.2.7 Royalties; License Fees; Patents. The Contractor shall pay all royalties and license fees, shall defend all suits or claims or any patent infringements that may occur in the performance of the Contract and shall hold the City harmless from any loss on account thereof. 4.2.8 No Indemnity Waiver. The Contractor hereby expressly agrees that any immunity that may be granted to the Contractor under the Washington State Industrial Insurance Act, Title 51 RCW, as amended or recodified, shall not be construed by the Contractor as a release from its obligation to indemnify the City under this section. The parties do not under this section waive or surrender any indemnity available under any applicable federal, regional, state or local law. The provisions of this section shall survive termination or expiration of the Contract. 12,20,00 11.25 AM -18- 4.2.9 Indemnification Surviving Termination. The indemnification provisions of section 4.2 shall survive termination of this Contract. 4.3 Damage to Property. 4.3.1 If any City property of any kind is damaged by reason of the Contractor's operations under this Contract, the Contractor shall repair or replace the same after being notified in writing of the damages, or if the Contractor fails to do so promptly, the City may cause repairs or replacements to be made, and the cost of doing so shall be paid by the Contractor to the City. 4.3.2 The City shall not be liable to the Contractor for any loss or damage, other than any loss or damage occurring directly and solely as a result of the negligence of the City, its elected officials, officers, employees or agents. 4.3.3 The Contractor shall not be liable to the City or any other person for the damage done to privately owned Solid Waste or Recyclable Materials containers other than loss or damage occurring directly as a result of negligence or carelessness of the Contractor, its employees or agents. 4.4 Liability Insurance. 4.4.1 General Requirements. The Contractor at its own expense shall provide and maintain in full force and effect during the entire term of this Contract, or any renewal thereof, a policy providing for a limit of not less than SI.000,000 combined single limit bodily injury and property damage liability, including= auto liability and contractors' liability. The Contractor must also provide evidence of workers' compensation insurance. The certificate of such insurance shall be filed with the City Clerk prior to the execution of this Contract and shall provide for thirty (0) days' .vritten notice to the City of any cancellations or lapse of such policy. Coverage shall not be reduced below the limits set forth in section 4.4.3. The Contractor shall furnish the City Nyith a certificate of insurance naming the City, its elected and appointed officials, agents and employees, as additional insureds with respect to the Contract. In the event that the City awards other Contract elements to Contractor, no additional liability insurance amount will be required. 4.4.2 Coverages of Liability Policy. The liability insurance policy and an endorsement thereto, as evidenced by the certificate of insurance, shall provide the following minimum coverages and limits and contain the following provisions: Extended Bodily Injury _ Employees as Additional Insureds Premises/Operations Liability (NI&C) Owners' and Contractors' Protective Liability 12.20/00 11:25 ANI -19- Products and Completed Operations Liability Blanket Contractual Liability Broad Form Property Damage Liability(including completed operations) Personal Injury coverage A, B and C with no employee exclusion Stop Gap or Employers' Contingent Liability Automobile Liability, incl. coverage for owned, non-owned, leased or hired vehicles Explosion, Collapse, Underground damage (referred to as "X.C.U.") 4.4.3 Minimum Limits. All coverages shall be $1,000,000 per occurrence, provided that coverage in this stated amount shall not be construed to relieve the Contractor from liability in excess of such limits. The City shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if it deems appropriate and prudent, maintain greater limits. 4.4.4 Required Endorsements. The Certificate of Insurance shall include the following endorsement for additional insureds: The City of Kent is named additional insureds for all coverages provided by this policy of insurance and shall be fully and completely protected to the full extent of coverage of the policy from all claims and risks by this policy and for any and every injury, death, damage and'or loss of any sort whatsoever, including consequential damages sustained by any person, organization or corporation in connection with any activity performed by the Contractor under the provisions of that Contract between the City of Kent and Waste Management of Washington, Inc., d/b/a Tri-Star Disposal entitled Solid Waste Collection and Disposal, Recycling and Processin; Contract, January 1, 2001, to December 31, 2011. The coverage shall contain no special limitations on the scope of protection afforded to the City (as defined in that Contract), its officials, employees or volunteers. The coverages provided by this policy to the City or any other named insured shall not be terminated, lapse, or be reduced in any respect without providing at least thirty (30) calendar days prior written notice by certified mail to the Director of Public Works, City of Kent. City Hall, 220 Fourth Avenue South, Kent, Washington 98032. The coverages provided b\ this policy shall be primary to any insurance maintained by the City of Kent. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance and shall not contribute with it." 4.4.5 ACORD Form. i f an "ACORD" form of Certificate of Insurance is provided to the City pursuant to this section, it must be modified in the following manner: The following wording at top of the ACORD Form shall be deleted in its entirety: "This Certificate is issued as a matter of information only and confers no right upon the certificate holder." 12,'20,00 11 25 ANI -20- Wording at bottom of the ACORD Form that states, "Should any of the above-described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail _ days written notice to the below Certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company," shall be changed to read: "Should any of the above-described policies be canceled, lapse, or be reduced as to coverage before the expiration date thereof, the issuing company shall mail thirty (30) calendar days' prior written notice to the below-named Certificate holder and Additional Insureds, the City of Kent, by certified mail." 4.4.6 Compliance Required. Failure of the Contractor to maintain any and all of the terms of the foregoing insurance provisions shall be considered a "Category A Default" in accordance with section 4.7.1 of this Contract and cause for immediate termination at any time at the option of the City. 4.5 Payment of Claims. 4.5.1 The Contractor agrees and covenants to pay promptly as they become due all just claims for labor, supplies and materials purchased for or furnished to the Contractor in the execution of this Contract and further agrees to comply with all the provisions of federal, state, County and City laws and ordinances affecting, directly or indirectly, the subject matter of this Contract. 4.5.2 The Contractor shall provide for the prompt and efficient handling of all complaints and claims arising out of the operations of the Contractor under this Contract. The Contractor agrees that all such complaints and claims, whether processed by the Contractor or Contractor's insurer, either directly or by means of an agent, will be administered to and resolved by a person with a permanent office in the Kent-Seattle area. 4.6 Liens. 4.6.1 Authority. This Contract is in furtherance of and consistent with the City's authority under the Washington State Constitution, Chapters 35A.80, 35.21 and 35.67 RCW, and Kent City Code ("KCC") section 7.03.I10. Uniformity of Solid Waste handling services, and collection of accounts for such services, is in the public interest and in the interest of the City's Solid Waste Utility. In order that the Contractor shall not be inconvenienced, or that Customers of the Contractor bear costs of the noncompliance of other Customers, KCC section 7.03.110 provides for the enforcement and collection of liens for delinquent accounts of the Contractor. KCC section 7.03.110 includes but is not limited to those ri,(Yhts provided in RCW 35.21.140 and RCW 35.21.150. 4.6.2 Procedure. Upon a Customer's failure to pay charges for Solid Waste collection and disposal and/or Recyclable :Materials collection and disposal within the time provided for in invoices issued by the Contractor, the amount thereof shall become a lien against the property for which the Solid Waste and or Recyclable Materials collection services are rendered. The Contractor shall, within ninety (90) days of the date services were rendered or the end of the period covered by the charges, file with the County Auditor in accordance with RCW 12 20,00 11-2s Ant -21- 35.21.140 a Notice of Lien in writing, identifying the delinquent. account Customer, the charges due, the period covered by the charges and the legal description of the premises sought to be charged. The Contractor shall have eight (8) months from the time of filing the Notice of Lien to bring an action to foreclose the lien, in the manner and within the time prescribed in RCW 35.21.140. Prior to initiating foreclosure proceedings, the Contractor shall submit the Notice of Lien to the City Attorney for review and written approval authorizing the Contractor to commence foreclosure proceedings. The City reserves the right to prosecute the lien procedures provided for in this section, and all costs incurred by the City shall be the obligation of the Contractor. 4.6.3 Lien Foreclosure-Indemnification. The City makes no representations or warranties as to the validity of the authority granted to the Contractor to implement lien procedures under this section. In exercising the authority granted in this section, the Contractor acknowledges that it is fully responsible for all procedures related to the filing and foreclosing of liens. In exercising this authority, the Contractor acts at its own risk and accepts full responsibility for all proceedings and actions taken. The City is separately and specifically indemnified and held harmless by the Contractor from any actions by the Contractor arising under this section, in addition to the indemnification rights set forth in section 4.2. This indemnification provision shall survive termination of this Contract. 4.7 Default; Failure to Perform Contractual Obligations. 4.7.1 Contractor Default. In addition to any rights set out elsewhere in this Contract, the City reserves the right to declare the Contractor to be in default of this Contract and all of Contractor's rights thereunder. There shall be two (2) categories of default by the Contractor in its performance under this Contract: a. Category A Default. Each of the following shall constitute a Category A Default under this Contract: (i) Failure to commence the collection of Solid Waste and/or Recyclable Materials or failure to provide a substantial portion of Service under this Contract for a period of more than five (5) days; (ii) Failure to obtain and/or maintain any permit required by the City or any federal, state or other regulatory body as required under this Contract; (iii) Failure to procure and,/or maintain liability insurance as required under section 4.4; (iv) Failure to maintain accurate records and failure to provide the City with reasonable access to records in accordance with section 3.8; (v) Failure to implement and/or maintain the nondiscrimination standards as provided in section 6.11; 12rz0i00 11.25 ANt -22 (vi) Failure to implement and/or maintain the nonassignment provisions of section 6.2.1; (vii) Failure to implement and/or maintain the change in control standards of section 6.2.2; (viii) Failure to indemnify the City as provided in section 4.2; (ix) Failure to comply with applicable laws in accordance with section 3.8.2; (x) Failure to comply with Solid Waste or Recyclable Materials standards, thereby creating a hazard to public health or safety; and/or (xi) Failure to cease repeated or persistent Category B Defaults. b. Category B Default. All acts or omissions described under section 4.7.3 involving Liquidated Damages shall constitute a Category B Default. Disputes involving Category B Defaults shall be resolved in accordance with the Dispute Resolution provisions of section 4.7.4. 4.7.2 Consequences of Category A Default. In the event of a Category A Default, the City shall give the Contractor thirty (30) days' prior written notice of its intent to exercise its rights under this section, stating the reasons for such action. If the Contractor cures the stated reason within the thirty (30) day period, or if the Contractor initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City shall not exercise its rights under this section for the particular incident. If the Contractor fails to cure the stated reason within the thirty (30) day notice period, or if the Contractor does not undertake efforts satisfactory to the City to remedy the stated reason, the City may exercise its police authority and all other authority set forth in this section. The City may then notify the Contractor, declare a Category A Default of this Contract and order the Contractor to discontinue any further Service thereunder, and a copy of that notice shall be sent to the Contractor. Upon receipt of such notice, Contractor shall promptly discontinue the Work. The City shall then have the right to take other action it deems advisable. The City shall be entitled to recover from the Contractor as damages all expenses incurred, including reasonable attorney fees, together with all such additional sums as may be necessary to complete the Work, together with any further damages sustained or to be sustained by the City. In the event of a Category A Default or repeated or persistent Category B Defaults, the City may at its sole option pursue any or all of the following: a. Be released from its obligations under this Contract and use any other method or person to perform those Services; 12,120/0011.25 Any -23- b. Seek the judicial remedy of specificperformance; C. Pursue any other remedy available at law or equity. 4.7.3 Category B Default, Liquidated Damages. The following acts or omissions shall be considered a Category B Default by the Contractor. Because a breach of the Services provided for within the Contract would cause serious and substantial damages to the City and its occupants, and the nature of the Contract would render it impracticable or extremely difficult to fix the actual damage sustained by the City by such breach, the Contractor agrees that in case of breach of Service, the City may elect to collect liquidated damages for each such breach, and the Contractor will pay to the City, as liquidated damages and not as a penalty, the amounts set forth below, such sums being agreed as the amount for which the City will be damaged by breach of such Service. Each collection vehicle on each route shall be considered a separate incident. All damages are subject to annual adjustment in the same percentage as the adjustments in rates under section 5.3. Such liquidated damages as the City shall elect to collect will be paid by the Contractor upon thirty (30) days' notice from the City. Violations of any specifications in this Contract shall be subject to a fine of$50 per occurrence unless otherwise indicated. Act or Omission Liquidated Damages 1. Any collection vehicle beginning Residential $75 per occurrence. or Commercial collection prior to the time designated under section 3.1.2. 2. Failure of Contractor to maintain $100 per occurrence. clean and sanitary vehicles and Facilities consistent with section 3.11.2. 3. Same Customer pickup missed three S 100. (3) times in a six-month period through no fault of the Customer. 4. More than three (3) verified 5150. complaints in a six-month period from the same Customer for failure to replace cans or containers in designated locations, spilling, not closing gate, crossing planted areas, or similar violations. 5. Failure to comply with the Holiday 5150. Schedule of section 3.1.4. 12,'20r00 11.25 Ant -24- 6. Failure of Contractor to collect $200 after 24 hours; a missed pickup within 24 hours of $400 after 48 hours; notification, provided the miss was $200 for each reported within 48 hours of the miss additional 24 hours. (weekends excepted). 7. Knowing misrepresentation by $500 per incident. Contractor in records or failure to provide records in accordance with section 3.8. 8. Landfilling or burning uncontaminated $1,000 per vehicle, Recyclable Materials without per incident. written permission from the City. 9. Failure to attach a correction tag $10 per incident, notice on noncollected materials to a maximum of$100 or failure to notify the City per truck per day. consistent with section 3.1.6. 10. Failure to collect spillage caused Twice the cost of by Contractor consistent with cleanup to City. section 3.4.1. 11. Failure to deliver Mobile Cart $10 per incident per Solid Waste Containers, Recyclable area for first week; Materials, and Yard Waste containers to new $50 per incident per Customers consistent with area for second week; section 3.3.1. S100 per incident per area for third and each successive week. 12. Collection from premises on days $25 per incident, to other than previously specified or a maximum of$250 per authorized by the Director (except truck per day. for collection misses or for inclement weather determinations under section 3.1.5). 13. Failure to submit required $100 per day until section 3.8.4 reports on time. report received, plus withholding of any _ unit price tipping fees due. 12,'20,00 11:25 ntit -25- 14. Failure of Contractor to provide $100 per day. or maintain adequate insurance in the types or amounts required by section 4.4. Nothing in this section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered Category B Defaults of the Contract, and the City reserves the right to exercise any and all remedies that it may have with respect to these and other defaults, violations and breaches. Liquidated damages may be levied if documented in an incident report presented by the City to the Contractor. The City reserves the right to make periodic, unscheduled inspection visits to determine the Contractor's compliance with the Contract terms. Any liquidated damages may be appealed by the Contractor to the Director; disagreements will be subject to the Dispute Resolution provisions provided in section 4.7.4. 4.7.4 Dispute Resolution. All claims, controversies, disputes and other matters in question arising out of or relating to a Category B Default ("claim(s)") under this Contract shall, in the first instance, be the subject of a meeting between the parties to negotiate a resolution of the Category B Default. If within fifteen (15) days after the meeting, the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this agreement, the exclusive means of resolving that dispute, difference or claim, shall only be filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court located in Kent, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall pay its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this agreement. This agreement shall be governed by and construed in accordance with the laws of the State of Washington. 4.7.5 Enforcement of Contract. In the event of dispute or litigation under a claimed Category A Default under this Contract, the City and the Contractor each shall bear its own attorney fees, costs and expenses. 4.7.6 Right to Require Performance. The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Waiver by the City or any breach of any provision hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any portion itself. 4.7.7 Interruption of Contract Services. Notwithstanding the provisions of this _ section, a delay or interruption in the performance of all or any part of the Contract resulting from causes beyond the Contractor's control shall not alone be deemed to be a default of the Contract, and the rights and remedies of the City provided for herein shall be inapplicable. 12/20/00 11:25 AM -26- 4.8 Bankruptcy. If the Contractor is adjudicated bankrupt, either voluntarily or involuntarily, this Contract, at the option of the City, may be terminated effective on the day and at the time the bankruptcy petition is filed. 4.9 Force Mai eure. 4.9.1 Except as may be otherwise expressly provided herein, no Party will be liable to the other for any delay in, or failure of, performance of any of its obligations hereunder where performance of such obligations is prevented or delayed by acts of God (except normal weather conditions for the Kent-Seattle area), fire, explosion, accident, flood, epidemic, war, riot, rebellion, or interruption or rationing of fuel supply. No other acts or occurrences shall be considered as uncontrollable circumstances relieving the parties of their obligations hereunder. 4.9.2 a. A strike or other labor dispute not involving Contractor's employees, preventing Contractor's performance under this Agreement, shall also be considered an incident of force majeure under this section 4.9. b. In the event of strike or labor dispute involving Contractor's employees, the City and Contractor shall meet to determine the appropriate manner of continuing public service under the Contract. While not relieving Contractor of obligations under the Contract, the City shall cooperate with Contractor in providing for the continuation of services in the interest of public health and safety. ARTICLE 5 Rates and Adjustments 5.1 Commercial Rates. In order to insure rate parity and consistency to all commercial accounts in the City, the rates in existence immediately preceding the execution of this Agreement for commercial service for the Contractor and for Kent-Meridian Disposal shall be added together and divided by two (2) and the resulting average set forth in Appendix C shall be the rate charged by the Contractor during the term of this Contract. 5.2 Residential Rates. Rates set forth in the attached Appendix D, shall remain in effect until such time as rate adjustments are approved by the City, provided, however, Contractor shall continue to maintain a lifeline rate for qualifying Customers, subject to Contractor's rights under section 5.4. 5.3 Residential and Commercial Rate Adjustments (CPI). Rate adjustments shall not become effective until approved by the Cite. Beginning with year two of this agreement, rates and charges shall be increased or decreased annually effective the 1st day of April of each year by taking the fees in effect during the March of each year and adjusting such fee by eighty percent (801/0) of the percentage change in the Consumer Price Index ("CPI") (wage earners and clerical workers — CPI-W) for the Seattle area published by the Bureau of Labor Statistics based upon the 11/20,'00 11:25 AM -27- total price index change for all items as compared to the preceding twelve (12) months (January to December); Contractor shall give notice to City no later than February 1 or the date of publication of the CPI, whichever is later, of each year of proposed changes in rates and charges. Contractor may seek City approval of one additional rate adjustment in any 12- month period (April to March) if in any consecutive six months during that period increase in the CPI is greater than six (6) percent. 5.4 Residential and Commercial Rate Adiustments — (other). Contractor's rate adjustments for services for: a. Any dump fee costs not associated with a change in CPI; and b. Unusual costs, such as changes in law, shall be deemed approved by City if sixty (60) days following written notice by Contractor of the rate adjustment, the City does not elect, by written notice to Contractor, to review the proposed adjustment, provided, Contractor's time for written notice and effective date of rate adjustment may be reduced if notice of dump fee or unusual costs is not received by Contractor from King County or other disposal site, or regulatory agency, sixty (60) days prior to the effective date of the cost change, provided, further, the Contractor's implementation of such rate adjustment with less than sixty (60) days notice shall be subject at City option to subsequent rate audit under section 5.6. Contractor's notice to City shall include detailed bases for the proposed adjustment, including information concerning the Contractor's allocation of costs of service (e.g., transportation, disposal) within present and proposed rates. 5.5 Other. In addition to rate adjustments under section 5.3 and 5.4, Contractor may petition for rate adjustments to reflect justified increases in operating expenses, not associated with changes under sections 5.3 and 5.4. Such request shall be limited to once per year (January to December). 5.6 Rate Audit. In the event of dispute involving rate adjustments under sections 5.3, 5.4, and 5.5: 5.6.1 Contractor's proposal shall be submitted for independent audit and review; and 5.6.2 The Auditor shall be selected by mutual agreement of City and Contractor. The Costs of the audit will be the responsibility of the Contractor. If the audit indicates a rate adjustment is justified, approval of the adjustment by the City shall not be unreasonably denied. The audit shall be completed within thirty (30) days. 5.6.3 All unresolved disputes arising under this section shall be resolved in accordance with section 4.7.4 12:20,00 11:25 AM -28- 5.7 Dump Fees. The rate for dump fees shall be those fees established by King County for disposal of municipal solid waste collected under this agreement. 5.8 Billing and Payment. Billing and payment shall be in accordance with the WUTC guidelines with respect to such. 5.9 Collection. The Contractor shall have all right to and responsibility for collection of accounts for charges and Services to Customers under this Contract. 5.10 City Fees or Taxes. The City currently levies a tax on Contractor's Services, and such tax is reflected in billings to Customers. If during the term of this Contract, the City levies or imposes an additional or increased fee and,/or tax on Contractor's Services hereunder, Contractor shall have the right to make adjustments in rates consistent with this section. .ARTICLE 6 Miscellaneous Provisions 6.1 Independent Contractor. 6.1.1 Contractor as Independent Contractor. The parties intend that an independent contractor-employer relationship will be created by this agreement. As Contractor is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub-contractor of Contractor shall be or shall be deemed to be the employee. agent, representative or sub-contractor of the City. In the performance of the work, Contractor is an independent contractor with the ability to control and direct the performance and details of the work. the City being interested only in the results obtained under this agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation. Insurance. and unemployment insurance, are available from the City to the employees, agents, representatives, or sub-contractors of the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub-contractors during the performance of this agreement. 6.1.2 Contractor's Control of Project. The Contractor shall have the exclusive right to control the Services and Work performed under the Contract and the persons performing those Services and Work. The Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. Nothing in the Contract creates or shall be construed to create a partnership or joint venture between the City and the Contractor and nothing in the Contract shall be construed as giving the City a duty to supervise or control the acts or omissions of any person performing Services or Work under the Contract. 6.2 Assignment. 6.2.1 Nonassignment of the Contract. The Contract or any interest therein or part thereof shall not be assigned, whether by operation of law, or otherwise, nor shall any part thereof be subcontracted without the prior written consent of the City first having been obtained, which 12/20M 1125 ANI -29- consent shall not be unreasonably withheld. The City reserves the right to cancel or terminate the Contract at any time in case the Contractor fails to obtain City approval. 6.2.2 Change in Control. Any change in control or the transfer of a controlling interest in the ownership of the Contractor shall constitute a default under the terms of the Contract, unless the City consents to that transfer which consent shall not be unreasonably withheld. "The transfer of a controlling interest of Contractor" shall include but is not limited to the transfer of fifty(50) percent or more of the voting stock or the ownership of the Contractor to or from a single entity, unless the City, at the Contractor's request, approves that transfer in writing. However, 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 as of January 1, 2001, shall not be construed as the transfer of a controlling interest of the Contractor. If the City determines that the new ownership can adequately and faithfully render the service required in the Contract for the remaining term of the Contract, the City may elect to execute a novation, allowing the new ownership to assume the rights and duties of the Contract and release the previous ownership of all obligation and liability. The new ownership would then be solely liable for any work and/or claims related to the Contract. The term "transfer" includes a sale, merger, or change in ownership by operation of law, the issuance of new shares, or conversion of shares without voting rights to voting shares. "Voting stock" means the shares entitled to vote for election of the directors of the corporation. 6.2.3 Binding Effect. The Contract shall be binding on any and all successors or assignees of the Contractor or the City in accordance with this Article. 6.3 Applicable Law. The Contract is made in and shall be construed under the laws of the State of Washington. 6.4 Quality of Performance. The Contractor and its officers, employees, agents and subcontractors shall perform ever act or ser ice to be performed under the Contract in a skillful and competent manner in accordance %�ith the highest standards of the Solid Waste collection, transportation and recycling industries. The Contractor shall be responsible to the City for any errors, deficiencies or failures to perform the Contract. 6.5 Contract. 6.5.1 Meaning of Contract Terms. The meaning of terms and words herein shall be as defined in Kent City Code ("KCC") Chapter 7.03. Terms and words regarding Commercial Recycling shall have the meanings set forth in King County Code §§ 10.18.010-.100. Unless otherwise specifically defined as provided herein, words describing materials or work that have a well-known technical or trade meamm, shall be construed in accordance with the well-known meaning generally recognized by solid waste and recycling professionals, engineers and trades. 6.5.2 Definitions Defined in RC\V 70.95 and WAC 173-304. Definitions of capacity savings, collections savings, disposal savings, energy recovery, environmental savings, functional standards, landfill, solid waste, tipping fee, volume reduction, waste recycling, and 12/20;00 11:25 ANI -30- waste reduction referred to in this Contract are defined in the .Washington State Solid Waste Management Recovery and Recycling Act, Chapter 70.95 RCW, and regulations promulgated by the Department of Ecology at Chapter 173-304 WAC, and are incorporated herein by this reference. 6.5.3 Conflicting Definitions. In the event that definitions contained in this Contract conflict with Kent City Code Chapter 7.03, the provisions of Kent City Code Chapter 7.03 shall apply. 6.5.4 Entire Contract. This Contract and the Appendices attached hereto contain the entire Contract between the Parties as to the matters contained herein. Any oral representations or modifications concerning this Contract shall be of no force and effect. Each of the Parties acknowledges and represents to the other Parties that it is executing this Contract solely in reliance upon its own judgment and knowledge and that of its counsel, and that it is not executing this Contract based upon any representation or covenant of any other Party, or anyone acting on such Party's behalf, except as expressly stated herein. 6.5.5 Amendment. This Contract may be modified or amended only by a written agreement duly executed hereto by authorized representatives of the Contractor and the City. 6.5.6 Successors. This Contract shall inure to the benefit of and shall be binding on the Parties, their successors and assigns. _ 6.6 Intent of Contract Documents. 6.6.1 Comprehensive Contract. All Services that are necessary to complete and carry out the Contract requirements as provided herein shall be considered the Services to be performed by the Contractor without extra compensation unless otherwise expressly stated. 6.6.2 Comprehensive Services. Unless expressly agreed otherwise, the Contractor shall provide and pay for all collection, transfer, transport and disposal site access, services, operation, labor, overtime labor, standby labor, methods, materials, equipment, transportation, power, fuel, water, taxes and all other Facilities and Services of any kind necessary to perform under the Contract. 6.6.3 No Waiver of Governmental Powers. It is understood and agreed that, by execution of the Contract, the City does not Nvaiye or surrender any of its governmental powers. 6.7 Facilities and Personnel. The Contractor warrants that the Facilities and personnel used in the performance of the Contract shall conform to the requirements of the Contract and the design, operation and training requirements of the Contract and applicable law. 6.8 Time of the Essence. Time limits stated in the Contract are of the essence. No waiver of the Contract time limits or schedule dates is to be implied from any Party's failure to object to untimely performance under the Contract. Any waiver of time limits or schedules shall _ not be construed as a waiver of any future time limits or schedules. 12,20 W 11 25 Alit -31- 6.9 Payment of Subcontractors and Agents. Unless a reasonable dispute exists concerning payment, the Contractor shall promptly pay all subcontractors, materialmen, suppliers or laborers engaged for purposes of the Contract in accordance with the contract or agreement between that person and the Contractor. The Contractor agrees promptly to remove, have removed or bond in accordance with Washington law any liens or encumbrances that, because of any act or default of the Contractor, its officers, employees, agents, subcontractors, sub-subcontractors, material suppliers or Facility owners, are filed against a Facility or against any real or personal property required to fully perform the Contract. If the Contractor does not promptly pay all subcontractors, materialmen, suppliers, or laborers in accordance with this section, the Contractor agrees to defend, indemnify and hold the City harmless in accordance with Article 4. 6.10 Third-Party Beneficiaries. The Contract is entered into by the City in its governmental capacity and is not intended to nor does it create any third-party beneficiary or other rights in any private person. The Contract does create certain rights in the City with respect to the Contractor; those rights may be exercised only by and through the City. 6.11 Personnel Practices; Nondiscrimination. The Contractor shall not discriminate against any employee or applicant for employment because of age, race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any nondisqualifying sensory, mental or physical disability, unless based on a bona fide occupational qualification. The Contractor shall take affirmative action to ensure that applicants are selected for employment and that employees are treated during employment without regard to their creed, religion, race, color, sex, national origin, or the presence of any nondisqualifying sensory, mental or physical disability. Such action shall include but not be limited to the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Director setting forth the provisions of this nondiscrimination clause. The Contractor understands and agrees that if it violates this nondiscrimination provision, this Contract may be terminated by the City and further that the Contractor shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactorily to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. Prior to any action on any claimed violation of this provision, Contractor shall be entitled to notice of the alleged violation and a period of thinv (30) days to respond and/or correct any deficiency. 6.12 OSHA/WISHA. The Contractor must comply with the requirements of the Federal Occupational Safety and Health Act of 1970 ("OSHA"), the Washington Industrial Safety and Health Act of 1973 ("WISHA"), and standards and regulations issued under these Acts from time to time. The Contractor shall indemnify and hold harmless the City from all damages assessed for the Contractor's failure to comply with the Acts and standards issued thereunder. The Contractor shall meet all pertinent local, state, and federal health and environmental regulations and standards applying to the operation of all Facilities. Work and Services under this Contract. 12,20 00 11:25 AM 32- 6.13 Contract Administration,Notices. 6.13.1 City of Kent Representative. This Contract shall be administered by the City of Kent Department of Public Works. The City's designated representative for purposes of this Contract shall be: Director of Public Works Kent City Hall 220 - 4th Avenue South Kent, Washington 98032 (206) 859-3383 6.13.2 Contractor's Representative. The Contractor shall designate and provide the services of a competent representative for the term of the Contract. The Contractor's representative shall be the Contractor's agent and shall represent the Contractor for all purposes under the Contract. All directions, instructions or notices given by the City to that representative shall bind the Contractor as if delivered to the Contractor personally. The representative shall have authority to act on behalf of the Contractor; the statements, representations, actions and commitments of the Contractor's representatives shall fully bind the Contractor. The Contractor's designated representative shall be: Dan Bridges Waste Management of Washington, Inc., d/b/a Tri-Star Disposal P. O. Box 1877 Auburn, Washington 98071 (253) 333-3478 6.13.3 Notices. The City or the Contractor may change its designated representative at any time by written notice. Notices required pursuant to this Contract shall be hand delivered, telefaxed, or sent by registered mail or by private independent courier. Any written notice under the Contract shall be deemed served when delivered in person to the person to whom it was intended, or if sent by registered mail, return receipt requested, when mailed to that person at the contact person's address. The date or time of service shall be the date or time the relevant document was mailed to or personally delivered at the designated representative's address. Either Party shall have the right to designate a ne,.\ address for the receipt of notices by giving written notice as herein provided, but not,,vithstanding the foregoing, such notice of a new address shall not be effective until actually received by the other Parties. 6.14 Taxes, Permits and Fees. 6.14.1 Contractor's Permits and Licenses. The Contractor shall obtain at its own expense all permits and licenses required by the City or any other governmental authority and maintain the same in full force and effect durim, the term of this Contract. The Contractor shall — 12/20,00 1125 ADt -33- pay promptly and before delinquency any and all taxes, fees and charges of every type required by law and, upon request by the City, shall furnish evidence of such timely payment. 6.14.2 Other Taxes. The Contractor shall be solely responsible for all taxes, fees and charges incurred, including but not limited to license fees; all federal, state, regional, county and local taxes and fees, including but not limited to income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to the Contract; business and occupation taxes; workers' compensation and unemployment benefits. The extent, if any, to which the Contractor will be permitted to adjust rates for cost increases due to the imposition of or increase in the rate of taxes, fees, or surcharges is set forth in Article 5. Fees or taxes imposed as an administrative fee or surcharge on the collection of Solid Waste shall give rise to adjustment discussions as provided for in sections 5.4. 6.15 Fines; Penalties. The Contractor shall be liable for all fines or penalties imposed by any government agency for Contractor - caused violations of permits, licenses, certificates, laws or regulations; the City shall not be liable for and shall not reimburse the Contractor through a rate increase or otherwise for any fine or penalty imposed. The Contractor reserves the right to contest any fine or penalty in administrative proceedings or in court prior to its payment. 6.16 Dissolution of the Cite and Successor to the City. In the event that the City is dissolved or its Solid Waste or Recyclable Materials functions and powers relative to the Contract are taken from the City by legislative act or referendum of the people, all of the duties, rights and remedies of the City under the Contract shall remain in full force and effect and shall be transferred to either: (1) the successor to the City as specified by the legislative act or referendum by which the City is dissolved; or (2) if no successor to the Citv is specified by the relevant legislation or referendum, the State of Washingtom hov.ever. the Contractor may terminate its obligations under the Contract if the State of Washinuton does not agree to be bound by the provisions of the Contract. 6.17 No Personal Liabilitv. The Contract is not intended to and shall not be construed to create or result in any personal liability for any public official or City employee or agent. 6.18 Severabilitv. If any Contract provision is declared void, invalid or unenforceable under any applicable law, the remaining provisions of the Contract shall remain in full force and effect and shall bind the Parties. 6.19 'Kaivers. The City's or Contractor's failure to object to a breach of any Contract provision is not and shall not be construed as a Nvaiver of those provisions. The payment or acceptance of compensation subsequent to any breach is not and shall not be construed as an acceptance of that breach. All waivers must be in %writing and supported by consideration. 6.20 Disagreements. Anv dispute that cannot otherwise be resolved between the Parties during the term of this Contract shall be subject to the dispute resolution provisions of section 4.7.5. 12/20,00 1125 AM -34- 6.21 Governmental Authority. Nothing in this Contract.shall prevent or limit the City's _ exercise of its police power, power of eminent domain, or other governmental authority. EXECUTED on the day and year first hereinabove written. CITY OF KENT By: Print Name: Jim White Title: Mayor Date: WASTE MANAGEMENT OF WASHINGTON, INC. d/b/a TRI-STAR DISPOSAL, a Delaware Corporation By Its: Approved as to Form: Roger A. Lubovich, City Attorney P TG,,I FILES Op Fdm 0518'Kemble d..Comnl-CLEAN-2d« 12/20/00 11:25 AM -35- APPENDIX"A" Legal Description for Core Area Garbage Collection Service beginning at the corner of S. 192"d Street and 84'h Avenue S. (NE corner of Section 1, Township ("T") 22 N, Range ("R") 4 E, WM)1; thence south on the center line of 84'h Avenue S. to the intersection of S. 228`h Street; thence east to the east line of the W '/2 of the NW '/4 of Section 18, T 22 N, R 5 E, WM; thence south along said east line to its intersection with Hazel Avenue/Statson Avenue (north line of the S %2 of SW '/4 of Section IS, T 22 N, R 5 E, WM); thence east along said north line to the east line of the W '/2 of Section 18, T 22 N, R 5 E; thence south along east line to the south line of Section 18, T 22 N, R 5 E (S. 240'h Street); thence east along S. 240`h Street to the intersection of S. Maple Wood Avenue generally projected north; thence south on the projected line to S. 244d' Street; thence east along S. 244'h Street to 94'h Avenue S.; thence south along 94'h Avenue S. projected south to S. Kimberly Avenue; thence along S. Kimberly Avenue to E. Maple Street; thence east along Maple Street to the corner where Tilden Avenue and Woodland Way meet; thence south along the north south portion of Tilden Avenue projected to the south line of the N '/2 of the NE '/4 of the NE '/4 of Section 30, T 22 N, R 5 E, WM; thence west along said line to the intersection of S. Kimberly Avenue projected south; thence south along said projection to the south line of the N %2 of the NE '/4 of Section 30, T 22 N, R 5 E, WM; thence east along said line to the projection of Reiten Road S.; thence north along said line to the intersection of the south line of the N '/2 of the SE '/4 of the NE '/4 of the NW '/4 of Section 30, T 22 N, R 5 E, WM; thence west along said line to the intersection of the west line of E %2 of the NW '/4, of the NE 1/4, of the NW '/4 of Section 30, T 22 N, R 5 E, WM; thence north along said line to the intersection of S. 259'h Street projected east; thence east along said projected street to the intersection of S. Alexander Avenue projected south; thence north along said projection to its intersection with E. Walnut Street; thence east along E. Walnut Street projected to the west right-of-way of the Burlington Northern Railroad; thence south along the west line to the intersection of S. 2591h Street; thence west along said street to S. 5'h Avenue; thence north along said avenue to the projection of E. Walnut Street westerly; thence west along the projected street to the south projection of N. Thompson Avenue; thence north along said projection to the intersection of W. Gowe Street projected west; thence west along said projected line to S. Washington Avenue (SR 516 and SR 181); thence north along S. Washington Avenue projected to the intersection of W. Cole Street projected west; thence east along said line to the projection of N. 5'h Avenue; thence north along said line to the Valley Freeway(SR 167); thence due east along a line projected to the Burlington Northern Railroad right-of-Nvay; thence north along the east side of the Burlington Northern Railroad right-of-way to the intersection of S. 292"d Street projected west; thence east along projected S. 292"d Street to 84'h Avenue S., the point of beginning. p Cnl llLES�pmfn of IS uaae.Nuutle C«eNolrylDenp Av< APPENDIX "B" WASTE MANAGEMENT, INC. City Facility, Parks, and Sidewalk Container Location CITY FACILITIES ADDRESS City Shops 5821 S. 240`h Fire Stations: #73 West Hill 26512 Military Rd. S. #74 East Hill 24611 1161h Ave. S.E. #76 North Industrial 20676 72°d Ave. S. Green River Natural Resources Area 22306 Russell Road S. Riverbend 18-hole Golf Course 2019 W. Meeker 9-hole Par 3 2020 W. Meeker Driving Range 2030 W. Meeker Parks: Russell Road Park 24400 Russell Road SIDEWALK CONTAINER LOCATIONS - City of Kent Garbage: northbound SE 235`h & 104`h Ave. SE northbound and southbound SE 2441h& 1041h Ave. SE northbound SE 228`h & 104`' Ave. SE northbound and southbound SE 232nd & 104 Ave. SE northbound SE 240`h & 1041h Ave. SE eastbound and westbound SE 2561h & 106`h Ave. SE westbound SE 2401h & 100`h Ave. SE Recycle: (four 30 yard containers): SE 242"d & 104`h Ave. SE APPENDIX"C" COMMERCIAL RATES SERVICE RATES Commercial Service 32 gal per pick-up 2.53 60 gal per pick-up 3.95 90 gal per pick-up 4.79 1 yard per pick-up 11.90 1.5 yard per pick-up 16.34 2 yard per pick-up 20.45 3 yard per pick-up 27.09 4 yard per pick-up 34.95 6 yard per pick-up 52.46 Extra 1 yard per pick-up 14.17 Extra 1.5 yard per pick-up 19.53 Extra 2 yard per pick-up 25.95 Extra 3 yard per pick-up 32.46 Extra 4 yard per pick-up 42.31 Extra 6 yard per pick-up 61.57 Extra 8 yard per pick-up 82.10 Permanent Rent, 32 gal 0.60 Permanent Rent, 60 gal 1.99 Permanent Rent, 90 gal 1.99 Permanent Rent, 1 yard 10.03 Permanent Rent, 1.5 11.81 Permanent Rent, 2 yard 13.82 Permanent Rent, 3 yard 16.71 Permanent Rent, 4 yard 18.84 Permanent Rent, 6 yard 24.18 Permanent rent, 8 yard 29.17 Temporary 1 yard per pick-up 14.89 Temporary 1.5 yard per pick-up 20.26 Temporary 2 yard per pick-up 26.68 Temporary 3 yard per pick-up 33.18 Temporary 4 yard per pick-up 43.04 Temporary 6 yard per pick-up 62.28 Temporary 8 yard per pick-up 82.83 Temporary Rent 1-3 yard 1.45 Temporary Rent 4 yard 1.76 Temporary Rent 6 yard 2.09 Temporary Rent 8 yard 2.26 Placements, 1-8 yards 17.58 APPENDIX"C"-Page 1 of 3 RATES Commercial Service (Cont.) Roll-out 35.88 Distance 0.36 Drive-In 1.45 Return Trip 8.30 Steps 0.07 Sunken Cans 0.12 Container Washing Per Yard 0.84 (1.75 w/min. of 10.50) 1 yard packer 40.96 3 yard packer 78.70 4 yard packer 91.54 5 yard packer 104.39 6 yard packer 117.23 Extra refuse per yard 8.53 Permanent 10-40 yard Dropbox 77.07 10-50 yard Compactor 82.83 Temporary 10-40 yard Dropbox 77.07 Dropbox container placement 32.66 10 yard Permanent Box Rent 31.53 12 yard Permanent Box Rent 35.24 15 yard Permanent Box Rent 38.96 20 yard Permanent Box Rent 40.36 35 yard Permanent Box Rent 43.89 40 yard Permanent Box Rent 57.79 10-25 yard Temporary Box Rent 3.07 30 yard Temporary Box Rent 3.84 40 yard Temporary Box Rent 4.06 Miles 1.73 Overtime 112.56 Time, Truck & Driver 74.90 Time, Extra Man 35.54 Commercial Multi-Family Service 32 gal per pick-up 3.69 60 gal per pick-up 4.58 90 gal per pick-up 5.49 1 yard per pick-up 14.86 1.5 yard per pick-up 20.38 2 yard per pick-up 25.38 3 yard per pick-up 33.34 4 yard per pick-up 42.83 6 yard per pick-up 63.99 8 yard per pick-up 84.90 APPENDIX"C-Page 2 of 3 RATES Commercial Multi-Family Service (Cont) Extra refuse per yard 8.26 Permanent Rent, 60 gal 2.05 Permanent Rent, 90 gal 2.05 Permanent Rent, I yard 10.37 Permanent Rent, 1.5 yard 12.21 Permanent Rent 2 yard 14.29 Permanent Rent 3 yard 17.26 Permanent Rent 4 yard 19.46 Permanent Rent 6 yard 25.00 Permanent Rent 8 yard 30.14 Temporary 1 yard per pick-up 18.98 Temporary 1.5 yard per pick-up 25.78 Temporary 2 yard per pick-up 33.85 Temporary 3 yard per pick-up 41.81 Temporary 4 yard per pick-up 54.03 Temporary 6 yard per pick-up 77.63 Temporary 8 yard per pick-up 102.98 - Temporary Rent 1-3 yard 1.59 Temporary Rent 4 yard 1.93 Temporary Rent 6 yard 2.29 Temporary Rent 8 yard 2.46 Placements 1-8 yard 13.68 Permanent 20-40 yard haul 88.68 10-40 yard Compactor haul 104.25 Permanent Rent 20 yard 40.27 Permanent Rent 25 yard 43.80 Permanent Rent 30 yard 48.11 Permanent Rent 40 yard 88.68 v c.rritES ovaria osiefommrcwna�-�pvww[me APPENDIX "C—Page 3 of 3 APPENDIX"D" RESIDENTIAL RATES Rate 1. Solid Waste and RecvclinQ 1 Can $13.24 2 Cans $18.25 3 Cans $26.54 4 Cans $34.75 6 Cans $50.76 1 Can/mo $7.02 19 Gal Can $10.31 32 Gal Cart $13.78 32 Gal Cart - 2 $27.56 60 Gal Cart $18.90 60 Gal Cart - 2 $37.80 90 Gal Cart $26.81 90 Gal Cart—2 $53.62 90 Gal Cart—3 $80.43 90 Gal Cart—4 $107.24 1 Can— Senior $6.62 1 Can/mo — Senior $3.51 19 Gal Can— Senior $5.15 32 Gal Can— Senior $6.89 60 Gal Can— Senior $9.45 90 Gal Can— Senior $13.41 2. Yardwaste $6.64 P Ci.,f F1USOP FJUOf IB RetlauaU.A,P DJ � ®9 Kent City Council Meeting Date January 2 , 2001 Category Bids 1 . SUBJECT: WEST HILL SIGNAL TRAFFIC INTERCONNECT PROJECT 2 . SUMMARY STATEMENT: The bid opening for this project was held on December 5th with three bids received. The low bid was submitted by Potelco, Inc . in the amount of $77, 120 . 00 . The Engineer' s estimate was $91, 120 . 00 . The Public Works Director recommends awarding this contract to Potelco, Inc . 3 . EXHIBITS : Public Works Director morandum 4 . RECOMMENDED BY: Public Works D ector (Committee, Staff , ExamL Commission, etc . ) 5 . UNBUDGETED FISCAL PERSO ACT: NO YES 6 . EXPENDITURE REQUIRED• $77 , 120 SOURCE OF FUNDS : R 3 Traffic Signal Interconnect 7 . CITY COUNCIL ACTION: Councilmember I moves , Councilmember seconds that the West Hill Signa: Traffic Interconnect contract be awarded to Potelco, Inc . in the amount of $77 , 120 . DISCUSSION: n ACTION: C Council Agenda Item No. 8A DEPARTMENT OF PUBLIC WORKS December 2, 2000 TO: Mayor/City Council FROM: Don Wickstrom, Public Works Director SUBJECT: West Hill Traffic Signal Interconnect Bid opening for this project was held on December 511 with 3 bids received. The low bid was submitted by Potelco. Inc. in the amount of$77,120.00. The Engineer's estimate was $91,120,00. The Public Works Director recommends awarding this contract to Potelco, Inc. BID SUMMARY Potelco, Inc. 77,120.00 _ Transtech Electric 101,031.00 Signal Electric 121,571.00 Engineer's Estimate 91,120.00 MOTION. Councilmember moves, Councilmember seconds that the West Hill Signal Traffic Interconnect contract be awarded to Potelco. Inc. in the amount of$77,120.00. whillinterconnect REPORTS FROM STANDING COMMITTEES AND STAFF` A. COUNCIL PRESIDENT QI V I/J onu � aG —u l B. OPERATIONS COMMITTEE 1U (Z I rev t( Lv0 ayA C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS U&,LL ` 7 d4AP— 4X�) It.o J!�v E . PLANNING COMMITTEE F. PARKS COMMITTEE W �J cF G. ADMINISTRATIVE REPORTS ► �"�aL , L'A 4 C Q � Ct�� ILK �(7 YAP d� i"�L✓YI REPORTS FROM SPECIAL COMMITTEES CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION A) Pending Litigation