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PW10-202 - Original - Kent-Meridian Disposal Company dba Allied Waste Services - 04/01/2011
O Kecords e e K�TtT Document WhSH NGTOH CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerics Office. All portions are to be completed. If you have questions, please contact City Cleric's Office. Vendor Dame: Allze l Vendor Number: 3 3 63 JD Edwards Number Contract Number: A)10-00'), This is assigned by City Clerk's Office (� Project Name: Gar �1 �cyv�` �Ar� (�/as�C �olltt4l,�1. a-,� Description: ❑ Interlocai Agreement ❑ Change Order ❑ Amendment xContract ❑ Other: Contract Effective Date: 1/1 1 7-01( Termination Date: 71 boI6 Contract Renewal Notice (Days): Z�° Number of days required notice for termination or renewal or amendment Contract Manager: ICI - 9j— Department: �UUl C, �)k Detail: (i.e. address, location, parcel number, tax id, etc.): w- sal. �� cn�(� �,.� to CM S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 111108 CONTRACT Garbage, Recycling, Yard & Food Waste Collection and Disposal/Marketing Contract City of Kent And Kent-Meridian Disposal Company d/b/a Allied Waste Services April 1, 2011 — March 31, 2018 City of Kent and Allied Waste Final Contract 6-6-10 Garbage, Recycling, Yard & Food Waste Collection and Disposal/Marketing Contract Table of Contents RECITALS ..............................................................................................1 DEFINITIONS ........................................................................................1 1. TERM OF CONTRACT ...................................................................6 2. SCOPE OF WORK.........................................................................6 2.1 GENERAL COLLECTION SYSTEM REQUIREMENTS .........................6 2.1.1 City Service Area ............................................................6 2.1.2 Unimproved Public Streets and Private Roads.......................7 2.1.3 Hours/Days of Operation ...................................................8 2.1.4 Employee Conduct ...........................................................8 2.1.5 Special Disabled Service ...................................................9 2.1.6 Holiday Schedule .............................................................9 2.1.7 Inclement Weather and Other Service Disruptions ................9 2.1.8 Suspending Collection Resulting from Customer Account Disputes ........... ....................................................... 10 2.1.9 Missed Collections.......................................................... 11 2.1.10 Same Day Collection....................................................... 11 2.1.11 Requirement to Recycle and Compost ............................... 11 2.1.12 Routing, Notification and Approval.................................... 12 2.1.13 Equipment Age/Condition................................................ 12 2.1.14 Container Requirements and Ownership ............................ 13 2.1.14.1 Contractor Owned Carts .................................. 13 2.1.14.2 Garbage, Recyclables, and Yard & Food Waste Carts ........................................................... 13 2.1.14.3 Detachable and Drop-box Containers ................ 15 2.1.14.4 Recycling Carts .............................................. 16 2.1.14.5 Ownership..................................................... 17 2.1.14.6 Container Colors and Labeling .......................... 17 City of Kent and Allied Waste Final Contract 8-6-10 2.1.14.7 Container Weights .......................................... 18 2.1.15 Spillage, Incidents.......................................................... 18 2.1.16 Pilot Programs ............................................................... 18 2.1.17 Disruption Due to Construction ........................................ 19 2.1.18 Contractor Planning Assistance ........................................ 19 2.1.19 Safeguarding Public and Private Facilities .......................... 19 2.1.20 Company Name ............................................................. 19 2.1.21 Transition and Implementation of Contract........................20 2.1.22 Coordination with City and Annual Performance Review.......20 2.1.23 Disposal Requirements ...................................................21 2.1.24 Compressed Natural Gas and Alternative Fuels...................22 2.1.25 Violation of Ordinance ....................................................22 2.2 COLLECTION SERVICES ............................................................22 2.2.1 Single-family Residence Garbage Collection ....................... 22 2.2.1.1 Subject Materials............................................ 22 2.2.1.2 Collection Containers ......................................23 2.2.1.3 Specific Collection Requirements ...................... 23 2.2.1.4 Extra Charges................................................23 2.2.2 Single-family Residence Recyclables Collection ...................24 2.2.2.1 Subject Materials............................................ 24 2.2.2.2 Containers.....................................................25 2.2.2.3 Specific Collection Requirements ......................26 2.2.3 Yard & Food Waste Collection...........................................27 2.2.3.1 Subject Materials............................................27 2.2.3.2 Containers.....................................................27 2.2.3.3 Specific Collection Requirements ......................28 2 2.3.4 Food Waste Collection .....................................28 2.2.4 Single Family Bulky Item, White Good Collection ................ 28 2.2.4.1 Subject Materials............................................ 28 2.2.4.2 Specific Collection Requirements ......................29 2.2.5 Multifamily Complex and Commercial Customer Garbage Collection......................................................................29 City of Kent and Allied Waste Final Contract 8-6-10 2.2.5.1 Subject Materials............................................ 29 2.2.5.2 Containers..................................................... 29 2.2.5.3 Specific Collection Requirements ......................30 2.2.6 Multifamily Complex Recyclables Collection........................30 2.2.6.1 Subject Materials............................................30 2.2.6.2 Containers.....................................................31 2.2.6.3 Specific Collection Requirements ......................31 2.2.7 Commercial Recycling Collection ......................................31 2.2.8 Multifamily Complex and Commercial Customer Yard & Food WasteCollection ............................................................32 2.2.8.1 Subject Materials............................................ 32 2.2.8.2 Containers..................................................... 32 2.2.8.3 Specific Collection Requirements ......................32 2.2.8.4 Commercial Food Waste Collection.................... 33 2.2.9 Drop-Box Container Garbage Collection............................. 33 2.2.9.1 Subject Materials............................................33 2.2.9.2 Containers.....................................................33 2.2.9.3 Specific Collection Requirements ......................34 2.2.10 Temporary Container Customers ......................................34 2.2.11 Service to City Facilities and Properties .............................34 2.2.12 City Approved Community Events.....................................35 2.2.13 Education Events ...........................................................35 2.2.14 Semi-Annual Clean-up Weeks and Special Events .............. 35 2.2.15 Other Solid Waste Collection Services ............................... 36 2.3 MANAGEMENT...........................................................................36 2.3.1 Responsibility of Participants ........................................... 36 2.3.1.1 Contractor's Responsibilities.............................36 2.3.1.2 City's Responsibilities......................................38 2.3.1.3 Operations Plan..............................................39 2.3.2 Customer Service and Billing ...........................................39 2.3.2.1 Office Location ...............................................39 2.3.2.2 Customer Service Requirements....................... 39 City of Kent and Allied Waste Final Contract 8-6-10 2.3.3 Customer Billing Responsibilities ......................................42 2.3.4 Reporting......................................................................43 2.3.4.1 Monthly Reports.............................................43 2.3.4.2 Annual Reports ..............................................45 2.3.4.3 Ad Hoc Reports..............................................45 2.3.5 Promotion and Education ................................................45 2.3.6 Field Monitoring .............................................................47 2.3.7 Transition to Next Contractor...........................................47 3, COMPENSATION .......................................................................47 3.1 COMPENSATION TO THE CONTRACTOR .....................................47 3.1.1 Rates ...........................................................................47 3.1.2 Itemization on Invoices ..................................................48 3.1.3 Discontinuing Service for Nonpayment..............................48 3.1.4 Bad Debts.....................................................................48 3.2 COMPENSATION TO THE CITY...................................................49 3.3 COMPENSATION ADJUSTMENTS................................................49 3.3.1 Annual Rate Adjustment .................................................49 3.3.2 Periodic Adjustments......................................................51 3.3.3 Changes in Disposal or Yard & Food Waste Processing Sites ............................................................................51 3.3.4 Other Modifications ........................................................ 51 3.4 CHANGES IN LAW ..................................................................... 52 4. FAILURE TO PERFORM, REMEDIES, TERMINATION....................52 4.1 LIQUIDATED DAMAGES............................................................. 52 4.2 CONTRACT DEFAULT ................................................................. 56 4.3 AVAILABILITY OF COLLECTION VEHICLES ................................ 57 S. NOTICES................................................................................... 58 6. GENERAL TERMS.......................................................................58 6.1 COLLECTION RIGHT..................................................................58 6.2 ACCESS TO RECORDS................................................................ 59 6.3 CONTRACTOR TO MAKE EXAMINATIONS ...................................68 6.4 INSURANCE ..............................................................................68 City of Kent and Allied Waste Final Contract 8-6-10 6.5 PERFORMANCE BOND ...............................................................61 6.6 INDEMNIFICATION...................................................................61 6.6.1 Indemnify and Hold Harmless ..........................................61 6.6.2 Notice to Contractor; Defense..........................................62 6.6.3 Industrial Insurance Immunity Wavier ..............................62 6.7 PAYMENT OF CLAIMS................................................................62 6.8 CONFIDENTIALITY OF INFORMATION.......................................62 6.9 ASSIGNMENT OF CONTRACT .....................................................63 6.9.1 Assignment or Pledge of Money by the Contractor ..............63 6.9.2 Assignment, Subcontracting, Delegation of Duties and Change in Control ..........................................................63 6.10 DISPUTE RESOLUTION AND GOVERNING LAW ..........................64 6.11 COMPLIANCE WITH LAW ..........................................................64 6.12 NON-DISCRIMINATION ............................................................65 6.13 EQUIVALENT INDUSTRY WAGES ...............................................65 6.14 PERMITS, LICENSES AND TAXES ...............................................65 6.15 RELATIONSHIP OF PARTIES .....................................................66 6.16 BANKRUPTCY............................................................................ 66 6.17 RIGHT TO RENEGOTIATE/AMENDMENT.....................................67 6.18 FORCE MAJEURE ....................................................................... 67 6.19 ILLEGAL PROVISIONS .............................................................. 67 6.20 WAIVER.................................................................................... 68 6.21 ENTIRETY .................................................................................68 Attachment A: Service Area Map Attachment B: Contractor Rates Attachment C: Rate Modification Example Attachment D: City Facilities and Parks Attachment E. Street Containers Attachment F: Insurance Requirements Attachment G: Resolution 1806 - Identity Theft Prevention Program Attachment H: Contractor Collection Vehicle Specifications Attachment I: City Approved Events List Attachment J: Implementation Plan Attachment K: Operations Plan Attachment L: Future Annexation Areas City of Kent and Allied Waste Final Contract 8-6-10 CONTRACT This Contract is entered into by and between the CITY OF KENT, a municipal corporation of the State of Washington ("City"), and KENT-MERIDIAN DISPOSAL COMPANY, a Washington joint venture, whose joint venture partners are Fiorito Enterprises, Inc., a Washington corporation, and Rabanco Companies, a Washington general partnership, whose general partners are Rabanco, Ltd., a Washington corporation doing business as Allied Waste Services of Kent, and Rabanco Recycling, Inc., a Washington corporation; located and doing business at 22010 761h Ave. S., Kent, WA, 98032, ("Contractor") to provide for the collection of Garbage, Recyclables, Yard & Food Waste from Single-family Residences, Multifamily Complexes, and Commercial Customers located within the City Service Area ("Contract"). The parties, in consideration of the promises, representations, and warranties contained in this Contract, agree as follows: RECITALS WHEREAS, the Contractor represents that it has the experience, resources, and expertise necessary to perform the Contract services; and WHEREAS, after a lengthy and extensive due diligence period performed by both parties, the City desires to enter into this Contract with the Contractor for the Garbage, Recyclables, and Yard & Food Waste collection services; NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises in this Contract, the City and Contractor agree as follows. I. DEFINITIONS The following definitions will apply to the following words and terms when used in the Contract, whether or not these words and terms are capitalized, unless specifically defined otherwise within any section or subsection. Contract: The term "Contract" shall mean this Contract, any change orders, Contractor's response to the City's RFP, and any clarifications, amendments, or additions to Contractor's response to the City's RFP. Bulky Items: The term "Bulky Items" shall include such items as chairs, tables, console television sets, couches, mattresses, cabinets and dressers, and other items as mutually agreed to by the City and Contractor. Contract Service Date: Contract Service Date is April 1, 2011. City of Kent and Allied Waste Final Contract 1 of 69 8-6-10 Change in Control: Change in control means any sale, merger, policy of assets, the Issuance of new shares, any change in the voting rights of existing shareholders, or other change in ownership which transfers twenty-five (25) percent or more of the beneficial Interest therein from one entity to another. Provided, however, that intracompany transfers, such as transfers between different subsidiaries or branches of the parent corporation of the Contractor, or transfers to corporations, limited partnerships, or any other entity owned or controlled by the Contractor upon the effective date of this Contract shall not constitute an change in control. City: The word "City" means the City of Kent, King County, Washington. As used in the Contract, it Includes the official of the City holding the office of Mayor or her/his designated representative, such as the City's Chief Administrative Officer, Director of Public Works or her/his designated representative. City Service Area: The initial City Service Area shall be the corporate limits of the City as of April 1, 2011. Customer: The word "Customer" means all users of solid waste services. Customers may also be referred to as generators. Commercial Customer: The term "Commercial Customer" means non-residential Customers including businesses, institutions, governmental agencies and all other users of commercial-type Garbage collection services. Contractor: The word "Contractor" means the Kent-Meridian Disposal Company, a Washington general partnership, doing business as Allied Waste Services, who has contracted with the City to collect and dispose of Garbage and to collect, process, market, and transport Recyclables and Yard & Food Waste. Curb or Curbside: The words "Curb" and "Curbside" mean on the homeowners' property, within five (5) feet of the Public Street or Private Road without blocking sidewalks, driveways, or on-street parking. If extraordinary circumstances preclude such a location, Curbside shall be considered a placement suitable to the resident, convenient to the Contractor's equipment. Any disagreement over correct placement of Containers for collection will be determined by the City. Detachable Container: The term "Detachable Container" means a watertight metal or plastic container equipped with a tight-fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than one (1) cubic yard or greater than eight (8) cubic yards in capacity. Drop-box Container: The term "Drop-box Container" means an all-metal container with ten (10) cubic yards or more capacity that is loaded onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and transported back to the Customer's site. City of Kent and Allied Waste Final Contract 2 of 69 8-6-1D Food Waste: The word "Food Waste" means vegetative and other food waste such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds, egg shells, and food-soiled paper such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, as well as any other paper products accepted by the Contractor's selected composting site. Food Waste shall not include dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes, or other materials prohibited by the selected composting facility. Garbage: The word "Garbage" means all putrescible and nonputrescible solid and semi-solid wastes, Including, but not limited to, rubbish, ashes, Industrial wastes, swill, demolition and construction wastes, and discarded commodities that are placed by Customers of the Contractor in appropriate bins, bags, cans, carts, or other receptacles for collection and disposal by the Contractor. The term "Garbage" shall not Include Hazardous Wastes, Special Wastes, Recyclables, or Yard & Food Waste. Garbage Can: The term "Garbage Can" means a City-approved container that is a water-tight container not exceeding four (4) cubic feet or thirty-two (32) gallons in capacity; fitted with two (2) sturdy looped handles, one on each side; and fitted with a tight cover equipped with a handle. All containers shall be rodent and insect proof. Customers shall keep the cans in sanitary conditions at all times. Garbage Cart: The term "Garbage Cart" means a Contractor-provided 13-, 20-, 32-, 45-, 64- or 96-gallon wheeled cart suitable for household collection, storage, and Curbside placement of Garbage. Garbage Carts shall be rodent and Insect proof and kept in a sanitary condition at all times. Hazardous Waste: The term "Hazardous Waste" means any substance that is: A. Defined as hazardous by 40 C.F.R. Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling, or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA. B. Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW. Implementation Plan: Contractor's plan which includes major tasks and key dates to ensure an efficient and successful transition and implementation of service provisions as outlined in the Contract. City of Kent and Allied Waste Final Contract 3 of 69 8-6-10 KCC: The term "KCC" means the Kent City Code. King County Disposal System: The term "King County Disposal System" means the real property owned, leased, or controlled by the King County Solid Waste Division, King County, Washington for the disposal of Garbage, or such other site as may be authorized by the then current King County Comprehensive Solid Waste Management Plan. Mixed Paper: The term "Mixed Paper" means magazines, junk mail, phone books, bond or ledger grade paper, cardboard, paperboard packaging and other fiber- based materials meeting industry standards. Tissue paper, paper towels, food- contaminated paper or paper packaging combined with plastic, wax, or foil are excluded from the definition of Mixed Paper. Multifamily Complex: The term "Multifamily Complex" means a multiple-unit Residence with five (5) or more attached or unattached units billed collectively. Operations Plan: Contractor's plan which includes detailed activities and procedures related to the effective implementation and operation of the Contract throughout the Contract term. Private Road: The term "Private Road" means a privately owned and maintained way that allows for access by a service truck and that serves multiple Residences. Public Street: The term "Public Street" means a public right-of-way used for public travel, including public alleys. Recyclables: The word "Recyclables" means aluminum cans; corrugated cardboard; glass containers; Mixed Paper; newspaper; recyclable plastic containers that have contained non-hazardous products; plastic films, polycoated cartons; Scrap Metals; and tin cans. Recycling Cart: The term "Recycling Cart" means a Contractor-provided 32-, 64- or 96-gallon wheeled cart suitable for household collection, storage, and Curbside placement of Source-separated Recyclables. Recycling Container: The terms "Recycling Container" means a Contractor- provided Recycling Cart or Detachable Container suitable for on-site collection, storage, and placement of Source-separated Recyclables at Multifamily Complexes and Commercial Customer locations. Residence: The word "Residence" means a living space, with a kitchen, individually rented, leased, or owned. RFP: The term "RFP" refers to the Proposals requested from qualified firms for Garbage, Recycling, Yard & Food Waste collection services within the City of Kent. City of Kent and Allied Waste Final Contract 4 of 69 8-6-10 Scrap Metals: The term "Scrap Metals" means ferrous and non-ferrous metals, Including small appliances, not to exceed two (2) feet in any direction and thirty- five (35) pounds In weight per piece. Single-family Residence: The term "Single-family Residence" means all one-unit houses, duplexes, triplexes, four-plexes, and mobile homes that are located on a Public Street or Private Road and where each residential unit is billed Individually. Source-separated: The term "Source-separated" means certain reclaimable materials that are separated from Garbage by the generator for recycling or reuse, Including, but not limited to Recyclables, Yard & Food Waste and other materials. Special Waste: The term "Special Waste" means polychlorinated biphenyl ("PCB") wastes, industrial process wastes, asbestos containing materials, petroleum contaminated soils, treated/de-characterized wastes, Incinerator ash, medical wastes, demolition debris, and other materials requiring special handling in accordance with applicable federal, state, county or local laws or regulations; Temporary Service: The term "temporary service" shall refer to those collection services that are In place for less than ninety (90) days at any given location. White Goods: The term "White Goods" shall include all major appliances, such as washers, dryers, refrigerators, freezers, stoves, dishwashers and trash compactors, and shall also Include any other items as mutually agreed to by the City and Contractor. WUTC: The term "WUTC' means the Washington Utilities and Transportation Commission. Yard Waste: The term "Yard Waste" means plant material (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens, Including sod and a small amount of Incidental rocks not over two (2) inches In diameter; biodegradable waste approved for the Yard Waste programs by the City, unflocked Christmas trees meeting length and diameter requirements Yard Waste does not include loose soils; plastics and synthetic fibers, lumber; any wood or tree limbs over four (4) Inches in diameter; human or animal excrement; noxious weeds and soil contaminated with hazardous substances. Yard & Food Waste Cart: The term "Yard & Food Waste Cart' means a Contractor-provided 13-, 32-, 64- or 96-gallon wheeled cart provided to all Yard & Food Waste collection Customers for the purpose of containing and collecting Yard & Food Waste. City of Kent and Allied Waste Final Contract 5 of 69 8-6-10 II. CONTRACT 1. Term of Contract The service term of this Contract is seven (7) years starting April 1, 2011, and expiring March 31, 2018. The City may, at Its sole option, extend the Contract for up to two (2) extensions, each of which shall not exceed two (2) years in duration. Any extension shall be under the terms and conditions of this Contract, as may be amended by the City and Contractor from time to time. To exercise its option to extend this Contract, notice shall be given by the City to the Contractor no less than two-hundred seventy (270) days prior to the expiration of the Contract term or the expiration of an extension, if applicable. 2. Scope of Work 2.1 General Collection System Requirements The Contractor shall collect, take title to, and dispose of Garbage, Recyclables, and Yard & Food Waste according to the terms and conditions of this Contract, including the Implementation Plan and Operations Plan, and also in accordance with Chapter 7.03 KCC as now enacted or subsequently amended, provided that the Contractor shall not knowingly or as a result of gross negligence collect or dispose of Hazardous Waste or Special Waste. The Contractor shall indemnify the City for any City damages caused by violation of this Section. To the extent identifiable, Customers shall remain responsible for any Hazardous Waste or Special Waste provided and inadvertently collected by Contractor. Except to the extent of Contractor's willful acts or gross negligence, the Contractor shall have no liability for, and shall not take title to, Hazardous Waste or Special Waste. Title to and liability for Hazardous Waste and Special Waste shall remain with the generator of that waste. 2.1.1 City Service Area The Contractor shall provide all services pursuant to this Contract throughout the entire City Service Area. Territory not serviced by Contractor that is annexed or added into the City after the effective date of the service term of this Contract will be served in compliance with RCW 35A.14.900. On July 1, 2010, the City annexed the "Panther Lake Annexation" area, and on that date, the Panther Lake Annexation area became a part of the City Service Area. The Contractor is the current solid waste service provider in this annexation area through a certificate issued by the Washington Utilities and Transportation Commission (WUTC) and has certain legal rights to continue service in the annexation area under that separate franchise or permit pursuant to Revised Code of Washington (RCW) 35A.14.900, and pursuant to approved tariffs and other regulations on file with the Washington Utilities and Transportation Commission. City of Kent and Allied Waste Final Contract 6 of 69 8-6-10 As part consideration for entering into this Contract, Contractor will provide service to the Panther Lake Annexation area under exactly the same terms and conditions of this Contract, specifically Including, without limitation, Contract term (and any agreed extensions), delivery schedules, and pricing. To that end, as of the service date of this Contract, Contractor shall terminate that portion of Its certificate for the affected annexation area, if any, with the WUTC, but in doing so, Contractor will not preclude the exercise of any third-party certificate Issued by the WUTC authorizing the third-party to provide regulated service in the annexation area. Further, and consistent with the preceding, Contractor expressly waives and releases any rights it may have to file any action, claim, or suit for damages or compensation from the City (Including Its officials, officers, employees, agents, or assigns) arising from or connected with the cancellation of the affected area ("Panther Lake Annexation") of its certificate property right granted by the WUTC. Until the Contract service date, Contractor will continue to operate in the Panther Lake Annexation area under the same terms and conditions as provided in its current franchise or certificate, but shall charge utility taxes at the rates and pursuant to those conditions established by the KCC as approved for pass-through to its Customers by the WUTC. If, during the term of this Contract, including any agreed extensions, the City adds any additional territory through annexation as reflected in Attachment L, and the Contractor continues to possess an existing franchise, certificate, or right to provide solid waste services in the additional areas, the Contractor, as part consideration for entering into this Contract, will provide service to the additional areas in Attachment L, under the same terms and conditions of this Contract for the remainder of the service term for this Contract, including any agreed extensions. To that end, on the date the additional areas become a part of the City, after appropriate notice under RCW 35A.14.900, the Contractor shall cancel its franchise, certificate, or right in the additional area which shall terminate that portion of its certificate for the additional annexation area(s) issued by the WUTC. Further, Contractor expressly waives and releases any rights it may have to file any action, claim, or suit for damages or compensation from the City (including its officials, officers, employees, agents, or assigns) arising from or connected with any franchise, certificate, or right Contractor has or had in the above-identified additional territories resulting from the cancellation of that franchise, certificate, or right by the City's annexation action, but only in those territories specified above. 2.1.2 Unimproved Public Streets and Private Roads Residences located in an area that does not allow safe access, turn-around, or clearance for service vehicles will be provided service if materials are set out adjacent to the nearest Public Street or Private Road that provides safe access. In the event that the Contractor believes that a Private Road cannot be safely negotiated or that providing walk-in service for Single-family Customers is impractical due to distance or unsafe conditions, the Contractor shall work with the Customer to negotiate the nearest safe convenient pick up location. City of Kent and Allied Waste Final Contract 7 of 69 8-6-10 If the Contractor reasonably believes that there is a probability of Private Road damage, the Contractor shall inform the respective Customers and may require a damage waiver agreement to provide service on those Private Roads. 2.1.3 Hours/Days of Operation All collections in Single-family Residences, Multifamily Complexes, and mixed-use areas shall be made on Monday through Friday, between the hours of 7:00 a.m. and 6:00 p.m. The City may authorize a temporary extension of hours or days. Saturday collection is allowed to the extent consistent with make-up collections, and holiday and inclement weather schedules. All collections from Commercial Customers within three hundred (300) yards of a zoned residential area shall be between the hours of 7:00 a.m. and 6:00 p.m. All collections from Commercial Customers not within three hundred (300) yards of a zoned residential area may be made at the mutually agreed upon time between the Contractor and the Customer. Collection vehicles may not travel through residential zoned areas to reach Commercial areas unless it is between the hours of 7.00 a.m. and 6:00 p.m. Collection from Schools in residential areas and collected on a weekend shall be between the hours of 8:00 a.m. and 5:00 p.m. 2.1.4 Employee Conduct The Contractor's employees collecting Garbage, Recyclables, and Yard & Food Waste shall at all times be courteous; refrain from loud, inappropriate or obscene language; exercise due care; perform their work without delay; minimize noise; and avoid damage to public or private property. If on private property, employees shall follow the regular pedestrian walkways and paths, returning to the street after replacing empty containers. Employees shall not trespass or loiter, cross flower beds, hedges, or property of adjoining premises, or meddle with property that does not concern them or their task at hand. While performing work under the Contract, employees shall wear a clean, professional, and presentable uniform with a company emblem visible to the average observer. If the City observes or is informed that any person employed by the Contractor has acted in the opinion of the City, in an incompetent, disorderly, or otherwise unsatisfactory manner, the City will document the incompetent, disorderly, or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a demand that such conduct be corrected. The Contractor shall investigate any written complaint from the City or a Customer regarding any unsatisfactory performance by any of its workers. If the offending conduct is repeated, the City may require that the person be removed from all performance of additional work under this Contract. Removal shall be addressed by the Contractor immediately. City of Kent and Allied Waste Final Contract 8 of 69 8-6-10 2.1.5 Special Disabled Service The Contractor shall offer carry-out service for Garbage, Recyclables, and Yard & Food Waste to households lacking the ability to place containers at the Curb, at no additional charge. The Contractor shall use qualification criteria that are fair and meet the needs of the City's disabled residents. However, exemptions may be granted in writing by the Contractor to accommodate the special needs of Customers. These criteria shall comply with all local, state, and federal regulations, and shall be subject to City review and approval prior to program implementation. 2.1.6 Holiday Schedules The Contractor shall observe the same holiday schedule as do King County Transfer Stations (New Years Day, Thanksgiving Day, and Christmas Day). When the day of regular collection is a King County Transfer Station holiday, the Contractor may reschedule the remainder of the week of regular collection to the next succeeding workday, which shall include Saturdays. The Contractor may not collect Residential Garbage, Recyclables, or Yard & Food Waste earlier than the regular collection day due to a holiday. Commercial collections may be made one (1) day early only with the consent of the Commercial Customer. 2.1.7 Inclement Weather and Other Service Disruptions When weather conditions could cause continued operation to result in danger to the Contractor's staff or property or to Customers or their property, the Contractor shall collect only in areas that do not pose a danger. The Contractor shall notify the City, Customers, and the media the previous day or by 6:00 a.m. of the collection day, of its collection plans for each day inclement weather is experienced. The Contractor shall provide increased phone access and staffing to respond to increased number of Customer calls. The Contractor shall build an e-mail data base to do blanket a-mails to Customers that have provided e-mail addresses. The Contractor shall collect Garbage, Recyclables, and Yard & Food Waste from Customers with interrupted service on the first day that regular service to a Customer resumes and shall collect reasonable accumulated volumes of materials equal to what would have been collected on the missed collection day(s) from Customers at no extra charge. Upon request to the City, the Contractor may be provided temporary authorization to perform collection services after 6:00 p.m. and/or on Saturdays following disruptions due to weather in order to finish collection routes. If successive weather events occur on the same scheduled collection day(s) two (2) weeks in a row, an additional collection will be made on the next possible business day that same week, (i.e., not waiting for the regularly scheduled collection day for the missed area.) City of Kent and Allied Waste Final Contract 9 of 69 6-6-10 The Inclement weather/service disruption requirements in the preceding paragraphs may be changed upon mutual written agreement of the Contractor and City at any time during the term of this Contract to better serve Customers. Inclement weather and service interruption policies shall be included in all program information provided to Customers. On each inclement weather day, the Contractor shall release notices to the City, local newspapers, and radio stations, including the Seattle Times, Seattle Post- Intelligencer, and Kent Reporter newspapers; KING - 98.1 FM, KIRO - 97.3 FM, and KOMO 1000 AM radio stations; automated Customer all-calls; on-hold messages; and the Contractor's website notifying Single-family Residence, Multifamily Complex, and Commercial Customers of the modification to the collection schedule. The City may specify additional media outlets or internet for Contractor announcements at its discretion. The Contractor and City shall develop a contingency plan for collection depots on the East Hill, the West Hill and the Valley floor if inclement weather is anticipated to last more than two (2) weeks. The contingency plan shall be publicized as described above. When closure of roadways providing access or other non-weather related events beyond the Contractor's control prevents timely collection on a scheduled day, the Contractor shall make collections on the first day that regular service to a Customer resumes and collect reasonable accumulated volumes of materials equal to what would have been collected on the missed collection day(s) from Customers at no extra charge. Upon request to the City, the Contractor may be provided temporary authorization to perform collection services after 6:00 p m. and/or on Saturdays following such disruptions in order to finish collection routes. Delayed or interrupted collections as described in this Section 2.1.7 are not considered service failures for purposes of Section 4.1. 2.1.8 Suspendina Collection Resulting from Customer Account Disputes The City and Contractor acknowledge that, from time to time, disruptions or conflicts may occur that make continued service to the Customer unreasonable. Those disruptions or conflicts may include, but not be limited to, repeated damage to Contractor-owned containers, repeated refusal to position Garbage, Recycling, and Yard & Food Waste Carts properly for automated collection, repeated suspect claims of timely set-out followed by demands for return collection at no charge, repeated claims of Contractor damage to a Customer's property, or other problems. The Contractor shall make every reasonable effort to provide service to those Customers. However, the Contractor may deny or discontinue service to the Customer if reasonable efforts to accommodate the Customer and to provide services fail. The Contractor shall notify the City of any such denied or discontinued service, and provide back-up information to the City for potential code enforcement purposes. If the Customer submits a written letter to the City appealing the Contractor's decision, the City may, at its discretion, intervene in the dispute. In City of Kent and Allied Waste Final Contract 10 of 69 8-6-10 this event, the decision of the City shall be final. The City may also require the denial or discontinuance of service to any Customer who is abusing the service or is determined to be Ineligible. 2.1.9 Missed Collections If Garbage, Recyclables, or Yard & Food Waste is set out Inappropriately, improperly prepared, or contaminated with unacceptable materials, the Contractor shall place in a prominent location a notification tag that identifies the specific problem(s) and reason(s) for rejecting the materials for collection. Failure to provide proper notification to Customers of the reason for rejecting materials for collection shall be considered a missed collection and further shall be subject to liquidated damages due to lack of proper Customer notification. The failure of the Contractor to collect Garbage, Recyclables, or Yard & Food Waste that has been set out by a Customer in the proper manner shall be considered a missed pick-up, and the Contractor shall collect the materials from the Customer by the end of the business day, if notification of the miss is received by 10.00 a.m. that business day, or by the end of the business day following notification by the Customer, if the notification is received after 10:00 a.m. The Contractor shall maintain a written record of all calls related to missed pick-ups and the response provided by the Contractor (see Section 2.3.4). Such records shall be made available for inspection upon request by the City and shall be included in monthly reports. In the event that the Contractor fails to collect the missed pick-up within twenty- four (24) hours of receipt of notice (or on Monday in the event of notification after 5:00 p.m. on Friday), the Contractor shall collect the materials the next business day. If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor, the Contractor shall be permitted to charge the Customer an additional fee (a "return trip fee") for this service, providing the Contractor notifies the Customer of this charge in advance. 2.1.10 Same Day Collection Garbage, Recyclables, and Yard & Food Waste collection shall occur on the same regularly scheduled day of the week for Single-family Residence Customers. The collection of Garbage, Recyclables, and Yard & Food Waste from Multifamily Complexes and Commercial Customers need not be scheduled on the same day of the week. 2.1.11 Requirement to Recycle and Compost The Contractor shall recycle or compost all loads of Source-separated Recyclables and Yard & Food Waste collected, unless express prior written permission is provided by the City. The disposal of contaminants separated during processing is acceptable to the extent that it is unavoidable and consistent with industry standards. Obvious contaminants included with either Source-separated Recyclables City of Kent and Allied Waste Final Contract 11 of 69 8-6-10 or Yard & Food Waste shall not be collected, and shall be left in the Customer's container with a prominently displayed notification tag (per Section 219) explaining the reason for rejection. 2.1.12 Routing, Notification and Approval The Contractor shall indicate, on a map acceptable to the City, the day of the week Garbage, Recyclables, and Yard & Food Waste shall be collected from each Single- family Residence. All materials shall be collected on the same day of the week. The Contractor may change the day of collection by giving notice at least thirty (30) days prior to the effective date of the proposed change and obtaining prior written approval from the City, which shall not be unreasonably withheld. On the City's approval, the Contractor shall provide affected Customers with at least fourteen (14) days prior written notice of pending changes. 2.1.13 Egwoment Age/Condition All collection vehicles regularly used by the Contractor during the term of this Contract shall have chassis that meet model year 2010 or newer emissions standards. Back-up vehicles used fewer than thirty (30) days per year shall not be subject to the age and mileage limits that apply to regularly-used vehicles, but shall be presentable, in safe working order, and subject to all other conditions of this Section. Collection vehicles shall meet the specifications as submitted in the Contractor's RFP response, Exhibit C2 (Attachment H). The Contractor may request permission to use alternative vehicles if the Contractor has continued unresolvable operating problems with the use of the vehicles. The City shall consider the request, provide its own investigations, and provide a response to the Contractor within thirty (30) days of receiving the Contractor's request. Contractor will maintain collection equipment with the ability to service limited access areas. This is to ensure that all Customers receive equal service. Vehicles used in the performance of this Contract shall be maintained in a clean and sanitary manner, and shall be thoroughly washed as needed to maintain a clean and presentable appearance, but in any event not less than once each week. Vehicles shall be repainted as needed and/or at the request of the City. All collection equipment shall have appropriate safety markings, including all highway lighting, flashing and warning lights, clearance lights, warning flags, and sound warning signalization systems, all in accordance with current statutes, rules, and regulations. Equipment shall be maintained in good working condition at all times. All parts and systems of the collection vehicles shall operate properly and be maintained in a condition satisfactory to the City. The Contractor shall maintain collection vehicles to ensure that no discharges, i.e., no liquid wastes (such as Garbage or Yard & Food Waste leachate) or oils (lubricating, hydraulic, or fuel) are City of Kent and Allied Waste Final Contract 12 of 69 8-6-10 discharged to Customer premises or City streets. The Contractor shall Immediately take off-line any Contractor vehicles with leaks and repair them. Contractor shall report any hazardous waste or leachate spills within the City of Kent from Contractor vehicles or collection operations immediately to the City of Kent Spill Hotline, 253-856-5600. Unremediated spills and failure to repair vehicle leaks shall be subject to liquidated damages. Any equipment not meeting these standards shall not be operated on City roads until repairs are made. All collection vehicles shall be labeled with signs on both the front, rear, and driver's side door which clearly indicate the vehicle inventory number. A Customer complaint telephone number shall be labeled on the side of the vehicle. Signs shall use lettering not less than four (4) inches high and shall be clearly visible from a minimum distance of twenty (20) feet. Signs, sign locations, and the complaint telephone number shall be subject to approval by the City. No advertising shall be allowed on Contractor vehicles other than the Contractor's name, logo, and Customer service telephone number and website address. Special promotional messages may be permitted, upon the City's prior written approval. All collection vehicles used on this Contract shall meet existing street weight limits in the City. The Contractor shall not exceed any collection vehicle weight limit at any time. The Contractor's monthly report, Section 2.3.4.1, shall include the date, time, vehicle number, total weight, and weight exceeding weight limits for any overweight vehicle. All Contractor route, service, and supervisory vehicles shall be equipped with properly licensed two-way communication equipment The Contractor shall maintain a base station or have equipment capable of reaching all collection areas. 2.1.14 Container Requirements and Ownership 2.1.14.1 Contractor Owned Carts Single-family Residential, Multifamily Complex, and Commercial Customers shall use Contractor-owned Carts, Containers, and Drop-boxes for their primary Garbage, Recycling, Yard & Food Debris collection services. Plastic bags or Customer owned 32-gallon cans may be used for overflow volumes of Garbage, but not as a Customer's primary container 2.1.14.2 Garbage, Recyclables, and Yard & Food Waste Carts The Contractor shall provide 13-, 20-, 32-, 45-, 64- and 96-gallon Garbage Carts for the respective level of Garbage collection; 32-, 64- or 96-gallon Recyclables Carts, and 13-, 32-, 64- or 96-gallon Yard & Food Waste Carts. These cart sizes may vary slightly depending on sizes supplied by the Contractor's vendor. All carts shall be manufactured from a minimum of forty (40) percent post-consumer City of Kent and Allied Waste Final Contract 13 of 69 8-6-10 recycled plastic, and be capable of being recycled at the end of their life, with a lid that will accommodate a Contractor affixed screening or label The collection program under this Contract is an "all cart" system. New carts shall be delivered to all Single-family Residential Customers, as well as Multifamily Complex, and Commercial Customers utilizing carts, as part of the Implementation Plan and at no additional cost to those Customers. The Contractor shall affix the Customer's address to each new cart or replacement cart, prior to delivery. If during the term of the Contract, the address fades, or becomes unreadable, the Contractor shall reaffix the Customer's address. Carts shall be provided to requesting Customers within seven (7) days of the Customer's initial request. All wheeled cart manufacturers, styles and colors shall be approved in writing by the City prior to the Contractor ordering a cart Inventory. All carts must have materials preparation instructions and telephone and website contact information printed on a sticker on the lid. All Contractor-owned wheeled carts shall: be maintained by the Contractor in good condition for material storage and handling; contain no jagged edges or holes, contain wheels or rollers for movement; and be equipped with an anti-skid device or sufficient surface area on the bottom of the container to prevent unwanted movement. The carts shall contain instructions for proper use, including any Customer actions that would void manufacture warranties (such as placement of hot ashes in the container causing the container to melt), and procedures to follow in order to minimize potential fire problems. Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar repair needs on Contractor-owned carts (including those for Garbage, Recycling and Yard & Food Waste) and forward repair notices to the Contractor's service personnel. Customers may also provide Contractor notice of cart damage. Cart repairs shall be made at the Contractor's expense within seven (7) days from the date of damage notice from either the Customer or the collection crew. Any wheeled cart that is damaged or missing on account of accident, act of nature or the elements, fire, or theft or vandalism by other members of the public shall be replaced no later than seven (7) business days after notice from the Customer or City. Replacement carts may be used and reconditioned, but shall be clean and appear presentable. Unusable carts shall be cleaned (if necessary) and recycled to the extent possible. In the event that a particular Customer repeatedly damages a cart by excessive wear and tear or requests more than one (1) replacement cart during the term of the Contract due to negligence or intentional misuse, the Contractor shall forward in writing the Customer's name and address to the City. The City shall then attempt to resolve the problem. In the event that the problem continues, the Contractor may suspend service to that Customer, but only with the City's prior written approval. The Contractor shall notify the City of any such denied or suspended service, and provide back-up information to the City for potential code enforcement action. City of Kent and Allied Waste Final Contract 14 of 69 8-6-10 2.1.14.3 Detachable and Drop-box Containers All metal Multi-famify and Commercial containers shall be new or refurbished/repainted within the first six (6) months of the Contract. The Contractor shall furnish and install 1-, 1.5-, 2-, 3-, 4-, 6- and 8-cubic yard Detachable Containers, and 10-, 20-, 25-, 30- or 40-cubic yard uncompacted Drop- box Containers to any Customer who requires their use for storage and collection of Garbage, Recyclables, or Yard & Food Waste within three (3) days of the request. Containers shall be located on the premises in a manner satisfactory to the Customer and for collection by the Contractor. Detachable Containers shall be: watertight and equipped with tight-fitting metal or plastic covers; have four (4) wheels for containers 2-cubic yards and under; be in good condition for Garbage, Recyclables, or Yard & Food Waste storage and handling; and have no leaks, jagged edges, or holes Drop-box Containers shall be all-metal, and if requested by a Customer, equipped with a tight-fitting screened or solid cover operated by a winch in good repair. Each type of container (i.e. Recyclables, Yard & Food Waste or Garbage) shall be painted a color consistent with the program it is used for, subject to the requirements of Section 2.1.14.6, with color changes subject to the City's prior written approval. Containers shall be repainted as needed, or within two (2) weeks upon notification from the City throughout the length of this Contract. Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary) before being supplied to a Customer who had not used it earlier. The Contractor shall provide an on-call container cleaning service to Customers. The costs of on- call cleaning shall be billed directly to the Customer in accordance with Attachment B. The Contractor, within seven (7) days after receipt of notice from the City shall supply to each Customer designated in such notice a Detachable Container fitted with a lid lock mechanism (a "lid lockable Container"), along with one padlock and one key, or a combination lock. The Contractor's lock system for new lid lockable requests shall provide at least fifty (50) different key or lock combinations for Customers with one (1) master key or combination used by the collectors. The Contractor shall also provide lid lockable Containers and padlock or combination lock to any City facilities, as requested by the City and at no cost to the City. The only authorized lid lock mechanisms on the Contractor-owned Detachable Containers are those installed by the Contractor. The Contractor shall have no obligation to render Customer-owned/supplied containers with the Contractor's padlocks. The Contractor may decline to make collections from containers fitted by others with locking mechanisms, whether or not such containers are locked on the date of service, if the locking mechanisms are of a configuration that prevents or makes unreasonably inconvenient collection with the Contractor's equipment. The Contractor must notify the City, within two (2) hours of the collection attempt, of City of Kent and Allied Waste Final Contract 15 of 69 8-6-10 any Commercial structure collections the Contractor has been unable to make under this section. Contractor shall replace leaking containers, within twenty-four (24) hours from receiving notice. Failure to replace leaking containers shall be subject to liquidated damages pursuant to Section 4.1. The City shall not be liable and the Contractor shall defend, indemnify, and hold the City harmless from any damages of any type or nature arising from or connected with the delivery, placement, or removal of containers on Customers' premises. The Contractor shall repair or replace within twenty-four (24) hours any container supplied by the Contractor and in use by either the Customer or the Contractor if the City or a Health Department inspector determines that the container fails to comply with reasonable cleanliness, health, or safety standards or constitutes a health or safety hazard. Non-Single-family Residential Customers may elect to own or secure compactors from other sources, and shall not be subject to discrimination by the Contractor in collection service on the account. However, compactors owned or secured by those Customers must be capable of being serviced by Contractor's collection vehicles to be eligible for collection. The Contractor is not required to service Customer compactors that are not compatible with the Contractor's equipment. In the event that a particular Customer repeatedly damages a container due to negligence or Intentional misuse, the Contractor shall forward in writing the Customer's name and address to the City. The City shall then attempt to resolve the problem. In the event that the problem continues, the Contractor may discontinue service to that Customer, but only with the City's prior written approval. 2.1.14.4 Recycling Carts Following the initial distribution of Recycling Carts [Section 2.2.2.2], the Contractor shall provide Recycling Carts to new Customers within the City Service Area, including new residences as well as replacement Carts to existing Customers who request them because of loss, theft, or damage, or Customers requesting an additional Cart for extras. Carts shall be provided within seven (7) days of a Customer request. All distributed Recycling Carts, including those provided in the initial distribution, shall include information materials describing material preparation and collection requirements Any materials published by the Contractor must be reviewed and approved by the City prior to printing and distribution by the Contractor. All Recycling Carts shall be labeled with materials preparation instructions and telephone and website contact information. All Recycling Carts shall be provided at the Contractor's sole expense. City of Kent and Allied Waste Final Contract 16 of 69 8-6-10 The Contractor shall provide 32- or 64-gallon Recycling Carts on request to those residents requiring less capacity than provided by the default 96-gallon Recycling Cart. 2.1.14.5 Ownership On the termination of this Contract for any reason, the City may, at its option, take full title and ownership of all Contractor-supplied Garbage Carts, Recycling Carts, and Yard & Food Waste Carts purchased or obtained by the Contractor without further compensation to the Contractor. Any remaining cart warranties shall also be transferred to the City. Detachable Containers and Drop-box Containers shall be purchased, delivered, and maintained by the Contractor during the term of this Contract. On the termination of this Contract for any reason, the City may, at its option, purchase or assign the right to purchase the Contractor's in-place inventory of Detachable Containers or Drop-box Containers for use by the successive Contractor. In the event that the City elects to purchase the Contractor's containers, the sale price shall equal fifty (50) percent of the average new price for each container, based on the average price from three (3) manufacturers at the time of the termination. The Containers' warranties shall also be transferable to the City For the purposes of this transaction, the average prices shall include transportation from the manufacturer to the Contractor's closest service yard, but shall exclude sales or use taxes. 2.1.14.6 Container Colors and Labeling Container colors of new and replacement Contractor-provided Recycling Carts, Yard & Food Waste Carts, Garbage Carts and Detachable Containers used for Garbage and Recycling shall be agreed upon by the City and the Contractor. The City may direct changes to cart colors at any time prior to the Contractor ordering initial or replacement carts provided the new direction from the City does not require replacement of existing inventories and the cost per unit does not increase to the Contractor. All Garbage Carts, Recycling Carts, Yard & Food Waste Carts, Detachable Containers, and Drop-boxes shall be labeled with instructional information and pictures of what is acceptable in each cart/container and contact information, including both a customer service phone number and a website address. All labels shall be approved by the City prior to ordering by the Contractor. The location of the label on the carts, containers and drop-boxes shall be subject to the City's prior approval and shall be highly visible to Customers. Labels shall be UV resistant and/or replaced when faded, damaged, or upon City or Customer request. Multi- lingual labels as requested by the City shall also be made available by the Contractor to Customers for attachment to containers/carts as requested by the Customer or City. City of Kent and Allied Waste Final Contract 17 of 69 8-6-10 2.1.14.7 Container Weights Weight of carts when full shall not exceed twenty (20) pounds for the 13-gallon size, thirty (30) pounds for the 20-gallon size, sixty (60) pounds for the 32-gallon size, ninety (90) pounds for the 45-gallon size, one hundred-twenty (120) pounds for the 64-gallon size and one hundred-eighty (180) pounds for the 96-gallon size. Weight of cans, bundles, bags, or boxes used for extra Garbage and Yard Waste shall not exceed sixty (60) pounds when full. No specific weight restrictions are provided for Detachable Containers; however, the Contractor shall not be required to lift a Detachable Container exceeding the safe working capacity of the collection vehicle. Drop-box weights must not cause the collection vehicle to exceed legal road weights. 2.1.15 Spillage, Incidents All loads collected by the Contractor shall be completely contained in collection vehicles at all times, except when material is actually being loaded. Hoppers on all collection vehicles shall be cleared frequently to prevent the occurrence of unnecessary blowing or spillage Any spillage of materials caused by Contractor that occurs during collection shall be immediately cleaned up (within one (1) hour of notification of the incident) by the Contractor at its expense. Spillage not immediately cleaned up shall be subject to liquidated damages, as described in Section 4.1. All vehicles used in the performance of this Contract shall be required to carry and regularly maintain spill kits At a minimum, spill kits shall include absorbent pads or granules, containment booms, storm drain covers, sweepers, and other similar materials sufficient to contain, control and, for minor events, appropriately clean-up blowing materials, litter, leaks, and spillage of vehicle or container fluids and leachate. Spill kits shall also include employee spill containment instructions and procedures, as well as a regularly updated list of emergency contacts. The Contractor shall develop spill response procedures for review and approval by the City before initiating any work under this Contract This plan shall include immediate notification to the City followed-up by a written report to the City within three (3) business days. All drivers shall be trained not less than annually on the use of spill kits and associated containment and notification procedures. 2.1.16 Pilot Programs The City may wish to test and/or implement one or more new developments in waste stream segregation, materials processing, or collection technology at some point during the Contract term. The City shall notify the Contractor in writing at least ninety (90) days in advance of its intention to implement a pilot program or of its intention to utilize a new technology system on a City-wide basis. The costs (or savings) accrued by City-initiated pilot programs shall be negotiated prior to implementation. City of Kent and Allied Waste Final Contract 18 of 69 8-6-10 Contractor-initiated pilot programs shall require prior written notification and approval by the City. Contractor-Initiated pilot programs shall be performed at no additional cost to the City or the Contractor's Customers; however, savings accrued may be subject to negotiation prior to implementation at the City's request. 2.1.17 Disruption Due to Construction The City reserves the right to construct any improvement or to permit any construction in any street or alley in any manner as the City may direct, which may have the effect, for a time, of preventing the Contractor from traveling the accustomed route or routes for collection. However, the Contractor shall, by the most expedient manner, continue to collect Garbage, Recyclables, and Yard & Food Waste to the same extent as though no Interference existed upon the streets or alleys normally traversed. This shall be done at no extra expense to the City or to the Customers. 2.1.18 Contractor Planning Assistance The Contractor shall, upon request and without additional cost, make available site planning assistance to either the City and/or property owners. The site planning assistance shall be available for all new construction or remodeling of buildings and structures within the City Service Area, and shall address the design and planning of Garbage, Recyclables, and Yard & Food Waste removal areas and their location upon the site of the proposed construction or remodeling project. Contractor planning assistance for optimizing loading docks and other areas shall also be available for existing building managers when realigning Garbage, Recyclables, and Yard & Food Waste services. 2.1.19 Safeguarding Public and Private Facilities The Contractor shall protect all public and private improvements, facilities, and utilities whether located on public or private property, including street curbs If such improvements, facilities, or utilities are damaged by reason of the Contractor's operations, the Contractor shall notify the City immediately in writing of all damage, and the Contractor shall promptly repair or replace the same. If the Contractor falls to do so promptly, as determined by the City, the City shall cause repairs or replacement to be made, and the cost of doing so shall be billed to the Contractor. 2.1.20 Company Name The Contractor shall not use a firm name containing the words "Kent," "City," or any words implying municipal ownership. "Allied Waste" shall be used as the Contractor name in all correspondence, written and verbal, on all promotional and educational materials, on collection vehicles, web site, billing, etc. City of Kent and Allied Waste Final Contract 19 of 69 8-6-10 2.1.21 Transition and Implementation of Contract The Contractor shall work with the City to explain the expanded commingled recycling collection system and Garbage collection service placement requirements, container sizes, and rates. At a minimum and in accordance with the dates established in the Implementation Plan, the Contractor shall, at Its expense, provide the following: 1. The Contractor shall mail to all Single-family Residential Customers a post card notifying them of the delivery of new carts, the key services of the Contract, and Instructions for the intervening time period before the Implementation of new services. 2. The Contractor will deliver to Single-family Residential Customers new carts with a User Guide (in a plastic bag or other weatherproof container taped or affixed to the cart) that includes information on container placement, available service levels, and rates, Recyclables, and Yard & Food Waste preparation and collection requirements, restrictions on disposal, bulky waste recycling and disposal opportunities, day of collection, and other pertinent information. The Contractor shall also design, produce, and distribute with the User Guide a magnetized information card describing acceptable Single-family Residential Recyclable, Yard & Food Waste and Garbage preparation and set-out information. The magnets shall be delivered to both Single-family and Multifamily Customers. The Contractor shall deliver the same size Garbage Cart, if applicable, for each service as currently provided to each cart Customer (unless Customers request a different size cart prior to delivery). 3. The Contractor shall deliver Carts, Detachable Containers, and Drop- box Containers to Multifamily and Commercial Customers. Containers may be delivered earlier in the month, provided that the Contractor has Customer approval to do so. 4. Additional staffing shall be provided for Contractor Customer service lines to accommodate Customer questions, Single-family Residential service level shifting requests, and Multifamily and Commercial Customer container orders during the transition period. The above dates may be shifted earlier upon written permission of the City, provided that Customers receive new containers in a way to minimize confusion. All container decals and materials provided by the Contractor to Customers shall be reviewed and approved by the City in advance. 2 1 22 Coordination with City and Annual Performance Review The Contractor's supervisory staff shall be available to meet with the City at the City's offices on request during normal business hours to discuss operational and City of Kent and Allied Waste Final Contract 20 of 69 8-6-10 Contract issues. The City may, at its option, conduct an annual performance review of the Contractor's performance under this Contract. The City has the sole right to establish performance measures evaluated pursuant to this Contract. The City may perform the review to confirm various aspects of the Contractor's operations and compliance with this Contract City staff or contracted consultants may provide the review at the City's direction. The Contractor shall fully cooperate and assist with all aspects of the performance review, including access to route and customer service data, safety records, and other applicable information. The City's authority under this provision is limited to non-financial reviews of Contract compliance. The results of the performance review shall be presented to the Contractor, and a plan addressing any deficiencies shall be provided to the City within two (2) weeks of the Contractor's receipt of the review. The Contractor shall develop a plan to correct, in good faith, any deficiencies found in its performance under this Contract. The Contractor's plan shall address all identified deficiencies and include a timeline for corrective actions. The Contractor's corrective plan shall be subject to review and approval by the City. Upon approval of the plan, the Contractor shall proceed to correct deficiencies Failure to correct deficiencies as outlined in the plan and/or failure to initiate corrective actions within thirty (30) days shall constitute a failure to perform, and the City, at its sole option, may provide the Contractor with thirty (30) days, notice of contract termination. The City's determination of failure to perform shall not be unreasonable. The Contractor shall continually monitor and evaluate all operations to ensure compliance with this Contract. At the request of the City, or at no less than quarterly intervals, the Contractor shall report its actual performance measures, compare actual performance to City performance requirements, and provide a plan and timeline for remedial measures to correct any items failing to meet City requirements. 2.1.23 Disposal Requirements All Garbage collected under this Contract, as well as residues from processing Recyclables, and Yard & Food Waste, shall be delivered to the King County Disposal System, unless otherwise directed or permitted in writing by the City. Construction and demolition collected by the Contractor may be processed to recover recyclables, provided that the residual is disposed in accordance with the City's Interlocal Agreement with King County. In the event the Contractor elects to haul mixed construction and demolition and Food Waste to a private processing facility, the Contractor shall charge the Customer no more than the equivalent disposal fee at a King County Disposal System transfer station and shall charge hauling fees no higher than provided for in Attachment B. City of Kent and Allied Waste Final Contract 21 of 69 8-6-10 2.1.24 Compressed Natural Gas (CNG). Alternative Fuels The Contractor shall use Compressed Natural Gas (CNG)-powered collection vehicles in the performance of this Contract. The Contractor may request permission to use other alternative fuels. The City shall consider the request, provide Its own Investigations and provide a response to the Contractor within thirty (30) days of receiving the Contractor's request. Upon request of the City, the Contractor shall provide the City access and use of the Contractor's CNG fueling station. 2.1.25 Violation of Ordinance The Contractor shall report in writing to the Director identified in Chapter 7.03 KCC any observed violation of the City's Ordinance. KCC 7.03, providing for and regulating the collection, removal, and disposal of Garbage, Recyclables, and Yard & Food Waste. 2.2 Collection Services 2.2.1 Single-family Residence Garbage Collection 2.2.1.1 Subject Materials The Contractor shall collect all Garbage placed curbside for disposal by Single- family Residential Customers in Contractor provided Garbage Carts The Contractor shall offer carry-out service to disabled Customers at no charge (per Section 2.1.5) and to all other Customers for the appropriate service level rate, plus the carry-out surcharge, if any, in accordance with Attachment B. Garbage containing Yard Waste shall not knowingly be collected and instead prominently tagged with a notice informing the Customer that disposal of Yard Waste in Garbage is not legal within the City. Contractor's knowing collection of Garbage mixed with visible Yard Waste may be grounds for liquidated damages pursuant to Section 4.1. The Contractor shall not be required to collect hazardous materials that are either restricted from disposal or would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a written notice with the rejected materials, listing why they were not collected and providing the Customer with a contact for further information about proper disposal options. The Customer remains responsible for all costs associated with handling and disposal of hazardous materials inadvertently collected by Contractor. City of Kent and Allied Waste Final Contract 22 of 69 8-6-10 2.2.1.2 Collection Containers The Customer's primary container must be a Contractor-provided cart or container. Plastic bags may only be used for excess waste, not as the Customer's primary container Cart rental fees shall be embedded in the respective level of cart service and not separately charged. Garbage Carts shall be delivered by the Contractor to Single-family Residence Customers within seven (7) days of the Customer's Initial request. Existing Single-family Residential Customers shall be allowed a one-time level of service change or adjustment at no extra charge within the one (1) year period beginning April 1, 2011. New Single-family Residential Customers who subscribe for collection service after April 1, 2011, shall be allowed a one-time level of service change or adjustment during the new Customer's first year of service. Changes in level of service after April 1, 2012, for existing Single-family Residential Customers, changes in level of service after the first year of service for new Single-Family Residential Customers, and any change in service of two (2) or more times, regardless of the initial service date, shall be subject to a redelivery fee as listed in Attachment B. 2.2.1.3 Specific Collection Requirements The Contractor shall offer regular weekly collection of the following service levels: 1. 13-gallon Garbage Cart 2. 20-gallon Garbage Cart 3. 32-gallon Garbage Cart 4. 45-gallon Garbage Cart 5. 64-gallon Garbage Cart 6. 96-gallon Garbage Cart All collections shall be made from Single-family Residences on Public Streets and Private Roads on a regular schedule on the same day and as close to a consistent time as possible. The Contractor may tag inappropriately placed containers and may suspend service in the event of persistent inappropriate container placement. The Contractor shall notify the City within twenty-four (24) hours, of any suspended collections and provide back-up documentation. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return containers, in an upright position, with lids closed and attached, to their set out location and not on streets, sidewalks, or public pathways. 2.2.1.4 Extra Charges Carry-out charges shall be assessed only to those Customers who cannot provide an adequate curbside cart or container location or who choose to have the Contractor move a container to reach the collection vehicle at its nearest point of City of Kent and Allied Waste Final Contract 23 of 69 8-6-10 access, unless the Customer is otherwise exempt from rollout charges pursuant to this Contract or Kent City Code. Cans, carts, or containers without lids completely shut and secure may be charged extra fees. The Contractor may charge for an overweight container at the "extra" rate, provided that the Customer agrees to pay for special handling, otherwise, the container shall be left at the Curb with notification as to why it was not collected. The Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of all extra fees. All "extras" from Customers with a history of disputed charges shall be documented with a date and time stamped photograph. Customers shall be allowed to specify that no "extras" be collected without prior Customer notification, which shall be provided by the Customer no less than twenty-four (24) hours prior to that Customer's regular collection date. 2.2.2 Single-family Residence Recyclables Collection 2.2.2.1 Subject Materials The defined list of Recyclables shall be collected from all participating Single-family Residences as part of basic Garbage collection services, without extra charge. The Contractor shall collect all Recyclables from Single-family Residences that are placed in Contractor owned Carts or are boxed or placed in a paper bag next to the Customers' recycling cart. All subject recyclable materials listed may be modified in the Operations Plan, Attachment K. At a minimum the following recyclables will be collected and must be prepared as follows, and be uncontaminated with Food Waste or other residues: Aluminum Cans and Foil: All aluminum cans and clean foil and foil trays that are placed in the Recycling Cart. Corrugated Cardboard: All corrugated cardboard that is smaller than three (3) feet by three (3) feet, flattened and placed In or next to the Customer's Recycling Ca rt. Fluorescent Bulbs/Tubes: All fluorescent bulbs and tubes placed in Contractor and City approved bags, placed next to the Customer's Recycling Cart, with a limit of two (2) bags per month per Residence. Glass Containers: All colored or clear jars and bottles that are rinsed, lids greater than three (3) inches wide. Kitchen Oil and Grease: All kitchen oil and grease placed in Contractor and City approved containers or one (1) gallon plastic jugs placed next to the Customer's Recycling Cart, with a limit of two (2) gallons of kitchen oil and grease per month per Residence. Mixed Paper: All Mixed Paper. City of Kent and Allied Waste Final Contract 24 of 69 8-6-10 Motor Oil: All motor oil that is free from contaminants and placed in Contractor and City approved containers, one (1) gallon plastic jugs placed next to the Customer's Recycling Cart, with a limit of two (2) gallons of oil per month per Residence. Newspaper: All newspaper and advertising supplements that are delivered with newspapers. Plastics: All plastic bottles, jugs, tubs, cups, food containers, plastic plant pots, and container lids wider than three (3) inches, buckets with metal handles, milk/soda crates, laundry baskets, lawn furniture, landscape & microwave trays, totes-any size, drums, pet carriers, pallets, coolers shelving closet organizers, dish strainers, flowerpots, empty garbage cans, PVC & PET blister packs, five (5) gallon water bottles, deli trays & clamshells, plastics #1-7, aseptic containers, toys, playhouses, mixed rigid plastic, automotive plastic, bumpers, side-view mirrors, hubcaps. Other plastics or hazardous product containers are excluded. Plastic Bags: All clean plastic shopping bags, newspaper bags and dry cleaning bags (bagged together). Polycoated Cartons and Boxes: All plastic coated cartons and boxes that are flattened. Scrap Metal: All ferrous and non-ferrous Scrap Metal that is free of wood, plastic, rubber and other contaminants: and meets the size requirements defined for Scrap Metals. Scrap metal shall Include small appliances, provided they meet the size requirements. Tin Cans: All food and beverage cans. 2.2.2.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining Inventories of, and distributing and maintaining Recycling Carts The Contractor shall procure and distribute Recycling Carts to all Single-family Residence Customers as identified in the Implementation Plan. The default Recycling Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 32- or 64-gallon Recycling Carts on request to those Customers requiring less capacity than provided by the standard 96-gallon Recycling Cart. Recycling Carts shall be labeled with recycling collection requirements in accordance with Section 2.1.14.6, and shall Include a program packet of materials when distributed. The program packet of materials shall include items identified in Section 2.1.21. Recycling Carts shall be delivered by the Contractor to new Customers or those Customers requesting replacements, within seven (7) days of the Customer's initial request. City of Kent and Allied Waste Final Contract 25 of 69 8-6-10 Customers may request additional Recycling Cart(s) at the rate listed in Attachment B. Existing Single-Family Residential Customers shall be allowed a one-time level of service change or adjustment at no extra charge within the one (1) year period beginning April 1, 2011. New Single-family Residential Customers who subscribe for collection service after April 1, 2011, shall be allowed a one-time level of service change or adjustment during the new Customer's first year of service. Changes in level of service after April 1, 2012, for existing Single-family Residential Customers, changes in level of service after the first year of service for new Single-family Residential Customers, and any change in service of two (2) or more times, regardless of the initial service date, shall be subject to a redelivery fee as listed in Attachment B. 2.2.2.3 Specific Collection Requirements Single-family Residence Recyclables collection shall occur every-other-week on the same day as each household's Garbage and Yard & Food Waste collection. Single- family Residence Recyclables collection shall occur during the hours and days specified in Section 2.1.3 Collections shall be made from Residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection service is provided. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return containers with their lids closed and attached to their set out location in an orderly manner. The Contractor shall collect all properly prepared Single-family Residence Recyclables from Garbage Customers. No limits shall be placed on set-out volumes, except in the case when extremely large quantities of commercially-generated materials are consistently set out at a Single-family Residence. In this case, the Contractor shall request the Customer to use a larger Recycling Cart or use commercial recycling services for the excess volumes If the Customer continues to set out commercial quantities of Recyclables, the Contractor shall notify the City for further action. In the event that large quantities of residentially-generated cardboard (e g moving boxes) are set out for collection, the Contractor may collect the excess materials the following day in a separate truck, provided that clear written notification of the collection delay is provided to the Customer. The Contractor shall collect from Single-family Residential Customers properly packaged used motor oil, kitchen oil, or grease. The Contractor may refuse to collect used motor oil, kitchen oil, or grease from any Customer for any one (1) of the following reasons: 1) the motor oil, kitchen oil, or grease was not packaged in a one gallon plastic jug; 2) the jug contained substances other than motor oil, kitchen oil, or grease; 3) the jug was not leak proof; 4) the container is not properly labeled with the Customer's name and address; or 5) there is spillage at the Customer location which is not caused by the Contractor's employees. Should the Contractor reject used motor oil, kitchen oil, or grease for any of these reasons, a tag outlining the reason for rejection shall be left with the container. City of Kent and Allied Waste Final Contract 26 of 69 8-6-10 Customers requiring (an) empty jug(s) to participate in the oil, kitchen oil, and grease collection program may leave a written request to that effect on the Customer's recyclables container for the Contractor's recycling truck driver, and the driver shall furnish empty containers. 2.2.3 Yard & Food Waste Collection 2.2.3.1 Subject Matenals Yard & Food Waste shall be collected each collection cycle from all Single-family Residences. Contaminated or oversized Yard & Food Waste materials rejected by the Contractor at the Curb shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. 2.2.3.2 Containers A Yard & Food Waste Cart shall be provided to all Single-family Residential Customers. The Contractor shall be responsible for ordering, assembling, affixing instructional Information onto, maintaining Inventories of, and distributing and maintaining Yard & Food Waste Carts. Yard & Food Waste Carts shall be labeled with instructional Information, In accordance with Section 2.1.14.6. The default Yard & Food Waste Cart size shall be 96-gallons, with 13-, 32- and 64-gallon sizes available upon request. The distribution plan for containers including default size(s) will be defined in the Implementation Plan. Extra Yard Waste material that does not fit in the initial Yard & Food Waste Cart shall be boxed, bundled, or placed in paper bags, approved compostable bags, or Customer-owned Garbage Cans which do not exceed 32-gallons In capacity and sixty-pounds when full, labeled for Yard Waste. Customers choosing to use their own containers for excess Yard Waste shall be provided durable stickers by the Contractor that clearly identify the container's contents as Yard Waste. Extra Food Waste must be in Contractor-approved containers. Yard & Food Waste Carts shall be delivered by the Contractor to Customers within seven (7) days of the Customer's initial request. Upon request by the Customer, Contractor shall provide on-site cart cleaning service once a year for all Yard & Food Waste Customers at no cost The Contractor shall publicize this service on its web site and on the yearly collection schedule distributed to Customers. Additional cleanings per year shall be provided at the rates listed In Attachment B. Existing Single-family Residential Customers shall be allowed a one-time level of service change or adjustment at no extra charge within the one (1) year period beginning April 1, 2011. New Single-family Residential Customers who subscribe for collection service after April 1, 2011, shall be allowed a one-time level of service City of Kent and Allied Waste Final Contract 27 of 69 8-6-10 change or adjustment during the new Customer's first year of service. Changes in level of service after April 1, 2012, for existing Single-family Residential Customers, changes in level of service after the first year of service for new Single-family Residential Customers, and any change in service of two (2) or more times, regardless of the initial service date, shall be subject to a redelivery fee as listed in Attachment B. 2.2.3.3 Specific Collection Requirements Yard & Food Waste materials shall be collected at least every-other-week from all Single Family Residences. Yard & Food Waste in excess of Contractor-provided container capacity will be charged as "extras" in 32-gallon increments, with each extra equaling 32-gallons. The Contractor shall collect Yard & Food Waste on Public Streets and Private Roads, in the same location as Garbage collection is provided. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return containers in an upright position, with lids attached, to their set out location. Upon two hundred seventy (270) days written notice, the City may elect to shift from embedded every other week to embedded weekly Yard & Food Waste collection, Future Option 1, Attachment B-1. Upon two hundred seventy (270) days written notice, the City may elect to shift service to the Combined Single-Family Residential Service Package, every other week Garbage, every other week Recycling, Embedded Weekly Yard & Food Waste collection, Future Option 2, Attachment B-2. 2.2.3.4 Food Waste Collection The Contractor shall accept Food Waste included and mixed with Yard & Food Waste in Yard & Food Waste Carts for Single-family Residential Customers. The Contractor shall provide kitchen Food Waste containers with a Customer education package on Food Waste collection and list of acceptable food scraps/food-soiled paper items, and will distribute the containers prior to the Contract Service Date. The range of materials handled by the Food Waste collection program may be changed from time to time, with prior written approval of the City, to reflect those materials allowed by the Seattle-King County Health Department for the frequency of collection provided by the Contractor. 2.2.4 Single-Family Bulky Items, White Goods Collection 2.2.4.1 Subject Matenals On-call collection of Bulky Items and White Goods shall be offered, and shall be provided at the rates listed in Attachment B. Collected oversized items shall be recycled by the Contractor to the extent possible. The Contractor shall maintain a City of Kent and Allied Waste Final Contract 28 of 69 8-6-10 separate log listing service date, materials collected, Customer charges, weights, and whether the Item was recycled or disposed. This log shall be provided to the City on a monthly basis. 2.2.4.2 Specific Collection Requirements On-call collection services of bulky items such as couches, mattresses, White Goods, and other oversized materials must occur during the hours and days specified in Section 2.1.3, with the exception that Saturday collection is permissible if It is more convenient for Customers The Contractor's crews shall make collections in an orderly and quiet manner. 2.2.5 Multifamily Complex and Commercial Customer Garbage Collection 2.2.5.1 Subject Materials The Contractor shall collect all Garbage set out for disposal by Multifamily Complex and Commercial Customers In acceptable containers as designated In Section 2252. Garbage containing Yard Waste shall not knowingly be collected and instead, shall be prominently tagged with a notice informing the Customer that disposal of Yard Waste in Garbage Is not legal within the City. Contractor's knowing collection of Garbage mixed with visible Yard Waste shall be grounds for liquidated damages. The Contractor shall not be required to collect hazardous materials that are either restricted from disposal or would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a notice prominently displayed with the rejected materials listing why they were not collected and provide the Customer with a contact for further Information on proper disposal. The Customer shall remain responsible for all costs associated with handling and disposal of hazardous materials Inadvertently collected by Contractor. 2.2.5.2 Containers The Contractor shall provide containers meeting the standards described in Section 2.1.14. Multifamily Complex and Commercial Customers shall be offered a full range of containers and service options, including Garbage Carts, one (1) through six (6) cubic yard compacted and one (1) through eight (8) non-compacted Detachable Containers, and compacted and non-compacted Drop-box Containers. Materials In excess of container capacity or the subscribed service level shall be collected and properly charged as "extras" at the rates listed in Attachment B. The Contractor shall develop and maintain route lists in sufficient detail to allow accurate recording and charging of all "extras." All "extras" shall be documented with a date and time stamped photograph. The Contractor may use either or both front-load or rear-load Detachable Containers to service Multifamily Complex and Commercial Customers However, City of Kent and Allied Waste Final Contract 29 of 69 B-6-10 not all collection sites within the City Service Area may be appropriate for front-load collection due to limited maneuverability or overhead obstructions. The Contractor shall provide containers and collection services capable of servicing all Customer sites, whether or not front-load collection is feasible. Contractor-owned containers shall be delivered by the Contractor to requesting Multifamily Complex and Commercial Customers within three (3) days of the Customer's initial request. Contractor shall instruct Customers to properly care for Containers on the Customer's property, to use reasonable efforts to protect the Containers from graffiti or negligent misuse, and to use the Containers only for their Intended purpose. Customers may elect to own or secure compactors from other sources, and shall not be subject to discrimination by the Contractor in collection service on the account. However, compactors owned or secured by Customers must be capable of being serviced by Contractor's collection vehicles to be eligible for collection. The Contractor is not required to service Customer compactors that are not compatible with the Contractor's equipment. 2.2.5.3 Specific Collection Requirements Commercial Garbage collection shall be made available to Multifamily Complex and Commercial Customers daily, Monday through Friday, during the times specified in Section 2.1.3. Collection at Multifamily Complex sites shall be limited to the same hours as Single-family Residence collection. Collections shall be made on a regular schedule and shall be collected as close to a consistent time as possible to minimize Customer confusion. The Contractor shall collect from areas mutually agreed upon by the Contractor and Customer with the least slope and best truck access possible. Containers shall be replaced after emptying in the same location as found. Roll-out charges shall be assessed in fifteen (15) foot increments in excess of the first twenty (20) feet only to those Customers for whom the Contractor must move a container over twenty (20) feet to reach the collection vehicle at its nearest point of access. Cans, carts, or containers without lids completely shut and secure may be charge extra fees. 2.2.6 Multifamily Complex Recyclables Collection 2.2.6.1 Subject Materials The Contractor shall collect all Recyclables from Multifamily Complexes that are prepared in a manner similar to that described for Single-family Residence Recyclables in Section 2.2.2.1., with the exception of motor oil, kitchen oil, and grease, or fluorescent lights. City of Kent and Allied Waste Final Contract 30 of 69 5-6-10 2.2.6.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional Information onto, maintaining Inventories of, and distributing and maintaining Recycling Carts or Containers The default Recycling Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 32-or 64-gallon Recycling Carts on request to those complexes requiring either less or additional capacity than provided by the standard 96-gallon Recycling Cart Recycling Carts shall be labeled with recycling collection requirements in accordance with Section 2.1.14.6 when distributed. Participant informational packets shall be delivered to the Multifamily Complex manager as described in Section 2.1.21, At larger Multifamily Complexes, the Contractor may use Detachable Containers for recycling collection provided that they are clearly distinguished from containers used for Garbage or Yard & Food Waste collection and are equipped with prominent City-approved identifying and instructional labels. Recycling Carts and containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. Multifamily Complex Recycling Carts shall be relabeled periodically in accordance with Section 2.1.14.6. 2.2.6.3 Specific Collection Requirements Multifamily Complex recycling collection shall occur weekly or more frequently, as needed, during the hours and days specified in Section 2.1.3 for Multifamily Complex collection. Collections shall be made on a regular schedule on the same day(s) of the week as garbage collection and shall be collected as close to a consistent time as possible to minimize Customer confusion. The Contractor shall collect from areas mutually agreed upon by the Contractor and Customer with the least slope and best truck access possible. Containers shall be replaced after emptying in the same location as found. When space constraints limit the provision of containers appropriately-sized for weekly collection, the Contractor shall provide more frequent collection, as necessary, of smaller containers to provide adequate capacity for the Multifamily Complex site. 2.2.7 Commercial Recycling Collection Commercial Customers subscribing to weekly garbage cart service using a cart with 96-gallon or less capacity shall be provided a 96-gallon recycling cart or smaller upon request to the Contractor at no additional cost to the Customer. The Contractor shall notify all Commercial cart Customers this option is available. Participation levels shall be reported in monthly reports. City of Kent and Allied Waste Final Contract 31 of 69 8-6-10 The Contractor may offer competitive Commercial Customer recycling services at rates negotiated between the Contractor and Commercial Customer. 2.2.8 Multifamily Complex and Commercial Customer Yard & Food Waste Collection 2.2.8.1 Subject Materials The Contractor shall provide Yard & Food Waste collection services to Multifamily Complex and Commercial Customers, provided at the rates listed in Attachment B, in accordance with the service level selected by the Customer. Contaminated or oversized Yard & Food Waste materials rejected by the Contractor shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. 2.2.8.2 Containers The Contractor shall be responsible for ordering, assembling, affixing Instructional Information onto, maintaining Inventories of, and distributing and maintaining Yard & Food Waste Carts and Detachable Containers. Upon request by the Customer, Contractor shall provide on-site cart cleaning service once per calendar year for all Yard & Food Waste Customers at no cost. Additional cleanings per year shall be provided at the rates listed in Attachment B. The Contractor shall publicize this service on Its web site and on the yearly collection schedule distributed to Customers. Extra Yard Waste material that does not fit in a Yard & Food Waste Cart or Detachable Container shall be bundled, boxed, or placed in paper bags or Customer-owned 32-gallon containers. Extra Food Waste must be in Contractor- approved container. Yard & Food Waste Carts shall be delivered by the Contractor to new Multifamily Complexes or Commercial Customers within three (3) days of the Customer's initial request. 2.2.8.3 Specific Collection Requirements Yard & Food Waste shall be collected from Multifamily Complex and Commercial Customers at the same frequency schedule for Single-family Customers. Collections shall be made on a regular schedule on the same day(s) and as close to a consistent time as possible Yard & Food Waste in excess of the subscribed container size may be charged as "extras" in 32-gallon increments, with each extra equaling 32 gallons. The Contractor shall collect at defined Multifamily Complex or Commercial Customer container spaces. The Contractor's crews shall make collections In an orderly and City of Kent and Allied Waste Final Contract 32 of 69 8-6-10 quiet manner, and shall return containers with their lids closed and attached to their set out location. 2.2.8.4 Commercial Food Waste (only) Collection Commercial Customers may use the Contractor or other certified Food Waste hauling company for weekly Food Waste collection, provided that they must comply with Seattle-King County Health Department regulations for commercial Food Waste collection Those requirements may include, but not be limited to, providing biodegradable kitchen container bags, providing Cart liners or other methods to maintain Container cleanliness. The Contractor shall not be required to provide bags as part of the basic collection service. 2.2.9 Drop-Box Container Garbage Collection 2.2.9.1 Subject Materials The Contractor shall provide Drop-Box Container Garbage collection services to Multifamily Complex and Commercial Customers, at the rates listed in Attachment B, in accordance with the service level selected by the Customer. Garbage containing Yard Waste shall not knowingly be collected and Instead the Contractor shall prominently tag the container with a notice Informing the Customer that disposal of Yard Waste in Garbage is not legal within the City Contractors knowing collection of Garbage mixed with visible Yard Waste shall be grounds for liquidated damages. The Contractor shall not be required to collect Drop-box Containers containing hazardous materials that are either restricted from disposal or that would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a prominent notice on the container listing the rejected materials, explaining why they were not collected, and providing the Customer with a contact for further information on proper disposal If a Drop-box Container Customer persistently includes inappropriate materials in its containers, the Contractor shall photograph and otherwise document the inappropriate materials, and provide the Customer's name and address to the City for further action. The Customer shall remain responsible for all costs associated with handling and disposal of Hazardous Materials inadvertently collected by Contractor. 2.2.9.2 Containers The Contractor shall provide containers meeting the standards described in Section 2.1.14. The Contractor will provide service for both Customer-owned and Contractor-owned Drop-box Containers, including Customer-owned compactors. Contractor-owned containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. City of Kent and Allied Waste Final Contract 33 of 69 8-6-10 2.2.9.3 Specific Collection Requirements Single-family Residence, Multifamily Complex, and Commercial Customer Drop-box Container collection must occur during the hours and days specified in Section 2.1 4 Collection of Drop-box Containers in Single-family Residence and Multifamily Complex areas and multiuse buildings containing Multifamily Complexes shall be limited to the same hours as Single-family Residence collection. The Contractor shall provide dispatch service and equipment capability to collect full Drop-box Containers no later than the next business day after the Customer's initial call. The Contractor shall maintain a sufficient Drop-box Container inventory to provide empty containers to new and temporary Customers within three (3) business days after the Customer's initial call. 2.2.10 Temporary Container Customers The Contractor shall provide temporary 2-, 4-, 6- and 8-cubic yard Detachable Containers and 10-, 20-, 30-, and 40-cubic yard Drop-boxes to Single-family Residence, Multifamily Complex, and Commercial Customers on an on-call basis. The charges for temporary Detachable Container service listed in Attachment B shall include collection and disposal. Disposal charges for temporary Drop-box Containers shall be billed in addition to the delivery, rental, and hauling rates listed in Attachment B. Delivery and rental charges shall be itemized and charged separately, at the rates listed in Attachment B. 2.2.11 Service to City Facilities and Properties The Contractor shall provide weekly Garbage, Recyclables, and Yard & Food Waste collection to all City municipal facilities, whether the City owns or leases all or part of the facilities, at the flat rates listed in Attachment B. (List of City facilities and parks locations identified in Attachment D) The cost of servicing City facilities and parks with temporary containers will be billed directly to the City Department as identified in Attachment D. Additional City municipal facilities added during the term of the Contract shall also be provided collection, including new facilities developed within the City Service Area, as well as municipal facilities in future annexation areas covered by this Contract. In the event of increases or decreases in City facilities and properties serviced, the flat rate in Attachment B will be adjusted proportionately based upon the gain or loss in service requirement. The Contractor shall collect any City-owned on-street litter containers within the City service area, at the flat rate listed in Attachment B, at the locations and at the frequency (up to daily Monday through Friday) specified in writing by the City. The cost of collecting public place recycling containers shall be included in the flat rate. The City may amend the number and location of on-street containers and public place recycling containers throughout the terms of this Contract as conditions City of Kent and Allied Waste Final Contract 34 of 69 B-6-10 change, and rates will be adjusted proportionately based upon the gain or loss in service requirement. (List of street container locations Identified in Attachment E) 2.2.12 City-ADoroved Community Events The Contractor shall provide Garbage, Recycling, and Food Waste collection services for up to four (4) City-sponsored special events per year at no additional charge. Container capacity shall be coordinated with event staff to ensure that sufficient container capacity and collection frequency is provided by the Contractor. A list of potential City-Approved Community events and estimated participation is in Attachment I and subject to annual adjustment as detailed in the Operations Plan, Attachment K. 2.2.13 Education Events The Contractor shall educate Customers about program guidelines and demonstrate the collection process and requirements by providing approximately twenty (20) free events by September 30, 2011, throughout the City that could include, but not be limited to, City neighborhoods, events at ShoWare Center, City's Fall and Spring Special Recycling events, City Hall, Parks & Recreation Department large events, at other community events or in retail areas around the City or at events or high pedestrian traffic areas throughout the City. The Contractor shall utilize collection vehicles for the demonstrations, which will highlight proper set out procedures including cart placement. Other program information such as enhanced Food Waste collection and increased recycling opportunities will be distributed to promote all program features. Contractor shall include workshop details in the monthly reports pursuant to Section 2.3.4.1(12). Events shall begin during the implementation phase and shall be detailed in the Implementation Plan, Attachment J. At least 10 additional events shall be held each year, subject to annual adjustment as detailed in the Operations Plan, Attachment K. 2.2.14 Semi-Annual Clean-up Weeks and Special Events An annual Fall and Spring Clean-up program will be provided to Single-family Residential Customers, twice each year. On a day agreed upon by the City and the Contractor, the Contractor shall collect additional wastes from all Single-family Residential Customers within the City Service Area. Each Single-family Residential Customer shall be allowed to place additional Garbage and Yard & Food Waste at the curb for special collection at no extra charge. Single-family Residential Customers may place up to ten (10) units (one (1) unit is equivalent to a 32-gallon can, a box, or bag) each of Garbage and Yard Waste at the curb on the designated day, none of which exceeds sixty (60) pounds in weight, or three and one-half (3-1/2) feet in any dimension, and shall exclude tires and large scrap metal items such as bicycles and White Goods, Hazardous Materials, or Special Wastes. City of Kent and Allied Waste Final Contract 35 of 69 8-6-10 Each January, the Contractor shall pick up Christmas trees from Single-family Residential and Multifamily Complex Customers within the City's Service Area Said services shall be provided at no additional cost to the City or the Customers. 2.2.15 Other Solid Waste Collection Services The Contractor may occasionally provide other services related to solid waste collection in the City not specifically provided for under this Contract. If the intended services are not covered by this Contract, the Contractor shall notify the City and propose a Customer rate for the service Upon approval of the City, the Contractor may proceed to offer that service. 2.3 Management 2.3.1 Responsibility of Participants 2.3.1.1 Contractor's Responsibdibes Consistent with the responsibilities set forth otherwise in this Contract, the Contractor shall be responsible for the following: • Exercising a reasonable effort to ensure that all service addresses are identified. Examples include, but are not limited to, services provided under the City's mandatory garbage collection and disposal requirements and new service addresses established through development. Exercising reasonable effort to ensure that all accounts are assigned to the correct contract or franchise service area for billing and tax purposes. Reasonable effort is defined as usage of a Geographic Information System (GIS)-based system or equivalent means acceptable to the City to provide reasonable assurance these requirements are met. • Collecting Garbage in the City Service Area and properly delivering the Garbage to the King County Disposal System, unless otherwise directed by the City. • Collecting construction/demolition debris/waste in the City Service Area and properly delivering the waste to fully permitted recycling, disposal, or transfer sites in compliance with King County's Comprehensive Solid Waste Management Plan. • Collecting, processing, and marketing Recyclables and Yard & Food Waste collected by the Contractor in the City Service Area. • Providing cart and container assembly, maintenance, stickering/la bell ng and restickering/labeling, and delivery services as listed or required in this Contract. • Performing customer service, including promptly answering telephone calls and e- mails, providing information on services, establishing Customer accounts, and providing appropriate Customer support. City of Kent and Allied Waste Final Contract 36 of 69 8-6-10 • Billing, receiving, posting Customer payments and deposits, and adding educational information on bills, if requested by the City. • Procuring all equipment and bearing all start-up, operating, and maintenance costs for collection and processing or disposal of Garbage, Recyclables, and Yard & Food Waste, including proper safety equipment and insurance for vehicles and workers. • Providing and supervising all labor to accomplish the scope of services required under this Contract, including labor to collect materials, all equipment maintenance, and Customer service functions. • Operating a maintenance facility to house and service collection equipment and acquiring all necessary land use, building, operating, and business permits and licenses. • Submitting all informational materials for public release to appropriate City staff for review and written approval prior to release. • Complying with all applicable laws and regulations. • Meeting all non-discrimination and OSHA (Federal Occupational Safety and Health Act of 1970)/WISHA (Washington Industrial Safety and Health Act of 1973) standards, and all environmental standards and regulations. • Providing a safe working environment and comprehensive liability insurance coverage as set forth in Section 6.4, and providing proof of this insurance to the City annually in a form acceptable to the City. • Providing a valid Contractor's performance and payment bond in accordance with Section 6.5, and providing proof of this bond to the City annually, and securing the prior written approval of the City and surety before assigning or pledging money, or assigning, subcontracting, or delegating duties. • Providing route maps to the City indicating the route locations day of week for each service. • Submitting collection day changes to the City for review and approval prior to notice being provided to Customers and before the change taking place. • Submitting prompt notices to the media regarding modifications to the collection schedule due to inclement weather. • Maintaining containers, vehicles, and facilities in a clean, properly labeled, and sanitary condition. • Meeting all City reporting, inspection, and review requirements. City of Kent and Allied Waste Final Contract 37 of 69 8-6-10 • Providing outreach materials and programs, and assistance with distribution and outreach as required In this Contract. • Providing operating and safety training for all personnel, including spill response training for all drivers. • Notifying the City of intended changes In management not less than sixty (60) days prior to the date of change. New management shall also attend an introductory meeting scheduled by the City during the sixty (60) day notification period Exception shall be made for termination for cause or voluntary termination, in which case the Contractor shall notify the City as soon as possible. 2.3.1.2 City's Responsibilities Consistent with the responsibilities set forth otherwise in this Contract, the City shall be responsible for the following: • Administering the overall project and issuing final approval of Contractor services and activities. • Reviewing and approving Contractor compensation adjustments due to changes in County disposal fees or price Indices. • Directing and overseeing public education and outreach with the cooperation and assistance of the Contractor. • Monitoring and evaluating collection operations with the cooperation and assistance of the Contractor. • Reviewing and approving all assignment, pledging, subcontracting, or delegation of money or duties. • Reviewing and approving collection days and rate changes. • Reviewing and approving holiday schedule changes. • Reviewing and approving all written or other informational materials used by the Contractor. • Conducting performance reviews of the Contractor with the Contractor's cooperation and assistance. • Holding periodic operations meetings with the Contractor, as necessary. City of Kent and Allied Waste Final Contract 38 of 69 8-6-10 2.3.1.3 Operations Plan The Contractor shall prepare, for the City's review and approval and by a mutually agreed date, an Operations Plan, Attachment K, that will detail the Contractor's ongoing operations and services after the Contract Service Date. The Operations Plan may be amended, on an as-needed basis, by mutual agreement of the parties. 2.3.2 Customer Service and Billina The Contractor shall be responsible for providing all Customer service functions, including: answering Customer telephone calls and e-mail requests; informing Customers of current services and charges; handling Customer subscriptions and cancellations, receiving and resolving Customer complaints; dispatching Drop-box Containers and special collections; billing, and maintaining and regularly updating a user-friendly website. These functions shall be provided at the Contractor's sole cost, with those costs included in the rates listed in Attachment B. 2.3.2.1 Office Location The Contractor shall maintain a principal office in King County within twenty (20) miles of the City limits. The Contractor's office and customer service assistance shall be accessible by a local area code (currently "206", "253", or "425") phone number. The Contractor's office hours shall be open at a minimum from 8 a.m. to 5 p.m. daily, except Saturdays, Sundays, and designated holidays. Representatives shall be available at the Contractor's local office during office hours for communication with the public and City representatives. Customer calls shall be taken during office hours by a person, not by voice mail. The Contractor shall maintain an emergency telephone number for use by City staff outside normal office hours. The Contractor shall have a representative, or an answering service to immediately contact that representative, available at the emergency telephone number during all hours other than normal office hours. 2.3.2.2 Customer Service Requirements 2.3.2.2.1 Customer Service Representative Staffing During office hours, the Contractor shall maintain sufficient staff to answer and handle complaints and service requests from at least five (5) incoming telephone calls at one time. If incoming telephone calls necessitate, the Contractor shall increase staffing levels as necessary to meet Customer service demands. The Contractor shall also maintain sufficient staff to answer and handle complaints and service requests made by letter or e-mail If staffing is deemed to be insufficient by the City to handle Customer complaints and service requests, the Contractor shall increase staffing levels to meet performance criteria. City of Kent and Allied Waste Final Contract 39 of 69 8-6-10 The Contractor shall provide additional staffing during the transition and Implementation period, and especially from six (6) weeks prior to the commencement of new services, through the end of the fourth month after the commencement of new services, to ensure that sufficient staffing is available to minimize Customer waits and inconvenience. The Contractor shall receive no additional compensation for increased staffing levels during the transition and implementation period Staffing levels during the mobilization, transition, and implementation period shall be subject to prior City review and approval. 2.3.2.2.2 Service Recipient Complaints and Requests The Contractor shall record all complaints and service requests, regardless of how received, including date; time; Customer's name or City representative (if from City staff) and address (if the Customer is willing to give this information), method of transmittal, and nature, date, and manner of resolution of the complaint or service request in a computerized daily log. Any telephone calls received via the Contractor's non-office hours voice mail or answering service shall be recorded in the log the following business day. The Contractor shall make a conscientious effort to resolve all complaints within one (1) business day of the original call, e-mail, letter, or other correspondence, and service requests within the times established throughout this Contract for various service requests. If a longer response time is necessary for complaints or requests, the reason for the delay shall be noted in the log, along with a description of the Contractor's efforts to resolve the complaint or request. The customer service log shall be available for inspection by the City, or its designated representatives, during the Contractor's office hours, and shall be in a format approved by the City The Contractor shall provide a copy of this log in an electronic format to the City with the monthly report. 2.3.2.2.3 Handling of Customer Calls All incoming telephone calls shall be answered promptly and courteously, with an average speed of answer of less than twenty (20) seconds. No telephone calls shall be placed on hold for more than two (2) minutes, and on a monthly basis, no more than ten (10) percent of incoming telephone calls shall be placed on hold for more than twenty (20) seconds A Customer shall be able to talk directly with a customer service representative when calling the Contractor's customer service telephone number during office hours. An automated voice mail service or phone answering system may be used when the office is closed. 2.3.2.2.4 Corrective Measures Upon the receipt of Customer complaints in regards to busy signals or excessive delays in answering the telephone, the City may request and the Contractor shall submit a plan to the City for correcting the problem Once the City has approved the plan, the Contractor shall have thirty (30) days to implement the corrective measures, except during the transition and implementation period, during which City of Kent and Allied Waste Final Contract 40 of 69 8-6-10 time the Contractor shall have one (1) week to implement corrective measures. Corrective measures shall be Implemented without additional compensation to the Contractor. Failure to provide corrective measures shall be subject to liquidated damages or, in the alternative, termination. 2.3.2.2.5 Internet Website The Contractor shall provide a Customer-friendly Internet website accessible twenty-four (24) hours a day, seven (7) days a week, containing Information specific to the City's collection programs, Including at a minimum, contact Information, collection schedules, material preparation requirements, available services and options, rates, Inclement weather service changes and other relevant service Information for Its Customers. The website shall Include an e-mail function for Customer communication with the Contractor, and the ability for Customers to submit service requests on-line. E-mailed Customer service requests shall be answered within twenty-four (24) hours of receipt. The website shall offer Customers the option to pay their service bills on-line through a secured bill payment system. The website shall provide live chat on-line with 30-second response time for all Customers to enhance customer service, and shall be provided Monday through Friday, 8.00 a.m, to 6.00 p.m. The website design shall be submitted for City approval a minimum of three (3) months prior to the commencement of new services as outlined within this Contract, and continue to be subject to the City's approval throughout the term of this Contract. The Contractor shall update the website monthly, and more often if necessary, and provide links to the City's website. The website shall include contact Information translated into a minimum of four (4) languages other than English, including Spanish, Korean, Vietnamese, and Russian. The Contractor's website shall not include "pop-up" windows, "cookies," adware, or spyware. 2.3.2.2.6 Full Knowledge of Programs Required The Contractor's customer service representatives shall be fully knowledgeable of all collection services available to City Customers, including the various services available to Single-family Residence, Multifamily Complex, and Commercial Customers. For new Customers, customer service representatives shall explain all Garbage, Recycling, Yard & Food Waste collection options available depending on the sector the Customer is calling from. For existing Customers, the representatives shall explain new services and options, and resolve recycling issues, collection concerns, missed pickups, container deliveries, and other Customer concerns. Customer service representatives shall be trained to inform Customers of Garbage, Recycling, Yard & Food Waste preparation specifications. City policy questions shall be immediately forwarded to the City for response. The Contractor's customer service representatives shall have instantaneous electronic access to customer service data and history to assist them in providing quality customer services. City of Kent and Allied Waste Final Contract 41 of 69 8-6-10 2.3.3 Customer Billing Responsibilities The Contractor shall be responsible for all billing functions related to the collection services provided under this Contract. All Single-family Residential Customers shall be billed quarterly, and Multifamily Complex and Commercial Customers shall be billed monthly. Customers may be billed prior to receiving service, but the due date (or past due date) shall be no sooner than the last day of service provided under that billing cycle. Billing and accounting costs associated with Customer invoicing shall be borne by the Contractor, and are included in the service fees in Attachment B. The Contractor may bill Customers City-approved late payment and NSF check charges, as well as the costs of bad debt collection. Single-family Residential Customers may temporarily suspend service due to vacations or other reasons as approved by the Contractor and City, for as often as four (4) times per year, and be billed pro-rata for actual services received. All Single-family Residence Recyclables and Yard & Food Waste collection costs and revenues shall be included in the Garbage collection rate and shall not be charged or itemized separately. All Multifamily Complex Recyclables collection costs and revenues shall be included in the Garbage collection rate and shall not be charged or itemized separately. Commercial Customer and Multifamily Complex Yard & Food Waste services shall be itemized and charged separately. The Contractor shall be responsible for the following: • Generating combined Garbage, Recyclables, and Yard & Food Waste collection bills. Bills must include service address, billing address, a statement indicating the Customer's current service level for Garbage, Recycling, and Yard & Food Waste, current charges and payments, and appropriate taxes and fees as well as the Contractor's customer service contact information. Space shall be made available on bills for including City contact information at the City's request. The Contractor shall submit the billing format and design to the City for prior review and approval. • Accepting, processing, and posting payment data each business day. • Maintaining a system to monitor Customer subscription levels, record excess Garbage and Yard & Food Waste collected, place an additional charge on the Customer's bill for the excess collection, and charge for additional services requested and delivered. This system shall maintain a Customer's historical account data for a period of not less than two (2) years. • Accepting and responding to Customer requests for service level changes, missed or inadequate collection services, and additional services. City of Kent and Allied Waste Final Contract 42 of 69 B-6-10 • Collecting unpaid charges from Customers for collection services. • Implementing rate changes as specified in Sections 3.1 and 3.3. • Including Imes for customer service messages on Customer bills. Contractor will provide a discount to Customers that choose to use a paperless Invoicing and bill paying process. The Contractor will notify the Customer of Its Invoice and accept payment either through a credit card payment feature of the Contractor's website or through the Customer's online banking services The Customer discount shall be $0.20 per month. The Contractor shall be required to have procedures in place to backup and minimize the potential for the loss or damage of the account servicing (customer service, service levels and billing history) database The Contractor shall ensure that a daily backup of the account servicing database is made and stored off-site. The Contractor shall also provide the City with a copy of the customer service database via e-mail or other electronic storage device on a quarterly basis. The City shall have unlimited rights to use the customer service database to monitor Contractor performance, develop targeted educational and outreach programs, analyze service level shifts or rate impacts, and/or to provide information to successor contractors. Upon seven (7) days prior written notice, the Contractor shall provide the City with a paper and/or electronic copy (at the City's discretion) of the requested Customer information and history, including but not limited to Customer names, service, and mailing addresses, contact information, service levels, and current account status. 2.3.4 Resorting The Contractor shall provide monthly and annual reports to the City. In addition, the Contractor shall allow City staff access to pertinent operations information such as Customer charges and payments, disposal facility certified weight slips, and vehicle maintenance logs. 2.3.4.1 Monthly Reports On a monthly basis, by the ,15th day of each month, the Contractor shall provide a report containing information for the previous month. Reports shall be submitted in electronic format provided by the City and shall be certified to be accurate by the Contractor. At a minimum, reports shall include: 1. A log of complaints and resolutions for all collection services and sectors. At a minimum, the complaint log shall include Customer name, business name, or City staff name, service address, contact telephone number, date of complaint, a description of the complaint, how the complaint was received (phone, e-mail written correspondence, other), a description of how the complaint was resolved, the date of resolution, and any additional driver's notes or comments. City of Kent and Allied Waste Final Contract 43 of 69 8-6-10 2. A tabulation of the number of Single-family Residential, Commercial and Multifamily Complex accounts. 3. A compilation of program participation statistics including, at a minimum, a summary of Multifamily Complex and commercial participation in recycling programs, number of Commercial cart Customers participating in 96- gallon cart recycling program, set-out statistics for Single-family Residential Garbage, Yard & Food Waste and Recyclables collection services, and log of bulky items. 4. A tabulation of subscription Customer counts by service level and collection frequency for Single-family Residential, Multifamily Complex, and Commercial sectors. 5. A compilation of total monthly and year-to-date summaries of Garbage, Recyclables, and Yard & Food Waste quantities by collection sector. 6. A summary of Recyclables quantities by collection sector and by commodity, including processing residues disposed and market prices. 7. A summary of disposal or tipping facility locations and associated quantities for Garbage, Recyclables, and Yard & Food Waste as well as any changes in processing procedures, locations, or tipping fees. 8. A description of any vehicle accidents or infractions imposed against on-duty employee drivers. 9. A description of any changes to collection routes, containers, vehicles, customer service, or other related activities affecting the provision of services. 10. Missed Pickup Log. 11. Summary of date, time, vehicle number, total weight, and weight exceeding weight limits for any overweight vehicle. 12. Summary of Educational Workshops for Single-family Residential, Multifamily Complex, and Commercial Customer sectors, including workshop outline, date, location, number of participants, and type and number of materials distributed. 13. Summary of educational efforts for Single-family Residential, Multifamily Complex, and Commercial sectors. If collection vehicles are used to service more than one (1) Customer sector or jurisdiction, the Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting of collection quantities. The apportioning City of Kent and Allied Waste Final Contract 44 of 69 8-6-10 methodology shall be subject to prior review and approval by the City and shall be periodically verified through field testing by the Contractor. 2.3.4.2 Annual Reports On an annual basis, by the last working day of January, the Contractor shall provide a report containing the following Information: 1. A consolidated summary and tabulation of the monthly reports, described above. 2. A discussion of highlights and other noteworthy experiences, along with measures taken to resolve problems, Increase efficiency, and Increase participation in Yard & Food Waste and Recyclables collection programs for all sectors. 3. A discussion of promotion and education efforts and accomplishments for all sectors. 4. An inventory of current collection vehicles and other major equipment. 5. A list of Multifamily Complex and Commercial recycling sites pursuant to Section 2.3.5. 2.3.4.3 Ad Hoc Reports The City may request from the Contractor up to six (6) ad-hoc reports each year, at no additional cost to the City These reports may Include customer service database tabulations to Identify specific service level or participation patterns or other similar information. Reports shall be provided in the City-defined format and in compatible software These reports shall not require the Contractor to expend more than one hundred (100) staff hours per year to complete. If requested by the City, the Contractor shall provide daily route information for all service sectors and collection streams for the purpose of evaluating potential collection system changes during the term of the Contract. Information received by the City and in the Contractor's possession shall be subject to existing laws and regulations regarding disclosure, Including the Public Records Act, Chapter 42.56 RCW. 2.3.5 Promotion and Education The Contractor shall have primary responsibility for developing, designing, disseminating, and executing general waste reduction/recycling public education and outreach programs. Any and all materials distributed shall be reviewed and approved by the City prior to distribution. The Contractor shall have primary responsibility for providing service-oriented information and outreach to Customers and implementing on-going recycling promotion, at the direction of the City. City of Kent and Allied Waste Final Contract 45 of 69 8-6-10 Working collaboratively with the City, the Contractor will develop and implement a public education plan to include the strategy and development of materials to support the roll-out of the new collection and recycling services program, with a special emphasis on new recycling programs and sustainability Initiatives. Over the course of the Contract on at least a quarterly basis, the Contractor shall meet regularly with City staff to review and discuss progress on the plan to determine effectiveness of the outreach strategy and educational materials. The Contractor shall maintain a complete list of all Multifamily Complex and Commercial Customer sites within the City Service Area, and the status of each site's participation in Contractor-provided services. The Contractor shall annually contact, by telephone or site visit, the manager or owner of each site to encourage participation and to Inform the manager or owner of all available services and ways to decrease Garbage generation. Printed informational materials discussing waste prevention and recycling service options shall be prepared and distributed to support contact with Multifamily Complex and Commercial Customer sites. This contact shall be coordinated with City and King County promotional efforts. The Contractor shall include with its annual report the list of Multifamily Complex and Commercial Customer sites, recycling status, container sizes and types, contact dates, outcome, and suggestions for increasing participation or other program improvements The Contractor shall keep the public informed of programs and encourage participation through an annual service update. Each fall, the Contractor shall provide an annual service update for each service sector, the format, content and timeframe of which shall be subject to prior review and approval by the City. The annual service update shall be mailed to all Customers and, at a minimum, shall include an informational brochure indicating rates, all services available, materials preparation and other service requirements, contact information, inclement weather, and other policies and other useful Customer information. The Contractor shall develop, print, periodically update, and maintain sufficient quantities of new Customer information materials, the format and content of which shall be subject to prior review and written approval by the City, prior to distribution. Upon approval, materials shall be mailed to every new Customer prior to the Customer's first billing and shall, at a minimum, include a statement of applicable rules and service policies, rates, services, and preparation requirements, collection days, Contractor customer service information, and City contact information Materials shall be available in accessible and alternative language formats upon request. The Contractor shall permit the City to insert, at no charge, single-sheet information bulletins into Customer bills. When the insert is beyond one (1) page and increases Contractor cost, the City shall pay the incremental difference The City shall work cooperatively with the Contractor for timely inclusion of such materials. City of Kent and Allied Waste Final Contract 46 of 69 8-6-10 2.3.6 Field Monitonna The City may periodically monitor collection system parameters such as participation, container condition, container weights, waste composition, and Customer satisfaction. The Contractor shall assist the City by coordinating the Contractor's operations with the City's field monitoring to minimize inconvenience to Customers, the City, and the Contractor. 2.3.7 Transition to Next Contractor (if applicable) The Contractor shall be expected to work with the City and the successive contractor in good faith to ensure a minimum of Customer disruption during the transition period. Container removal and replacement shall be coordinated between the Contractor and a successive Contractor to occur simultaneously in order to minimize Customer inconvenience. The Contractor shall provide a detailed Customer list, including Customer name, service address, mailing address, and collection and container rental service levels to the successive Contractor within seven (7) days request of the City. The parties recognize that a failure to comply with this provision will damage the City, but that determination of such damage will be difficult and burdensome; therefore, the parties agree that in the event of a breach of this provision the Contractor shall pay the City one hundred thousand dollars ($100,000.00). 3. Compensation 3.1 Compensation to the Contractor 3.1.1 Rates The Contractor shall be responsible for billing and collecting funds from Single- family Residence, Multifamily Complex, and Commercial Customers in accordance with the charges for services listed in Attachment B. The Contractor may reduce or waive at its option, but shall not exceed, the rates listed in Attachment B. These payments shall comprise the entire compensation due to the Contractor. In no event shall the City be responsible for money that the Contractor, for whatever reason, is unable to collect. The City provides a reduced garbage rate for seniors and/or disabled Customers (Lifeline Utility Rates) meeting age and/or disability and income level requirements pursuant to KCC 7.01.080 For Single-family Residential Customers meeting the criteria, the rate for each level of service shall be fifty (50) percent of the Single- family Residential rate. City staff will distribute and approve the "Application and Affidavit For Reduction In Utility Rates" (Lifeline Rate Form) and notify the Contractor when Customers provide documentation of meeting requirements. The Lifeline rates shall apply to the Customer immediately upon receipt of notice from the City. City of Kent and Allied Waste Final Contract 47 of 69 8-6-10 1 3.1.2 Itemization on Invoices City, King County, and Washington State solid waste, utility, and/or sales taxes shall be itemized separately on Customer Invoices and added to the rates listed in Attachment B. The Contractor shall not charge separately for the collection of Recyclables. The City administrative fee shall not be itemized separately on Customer invoices. 3.1.3 Discontinuing Service for Nonpavment The Contractor may use any legal means, including appropriate lien rights, to enforce Customer payment obligations and may suspend service to non-paying Customers provided that such Customers are provided prior written notice that service will be suspended for non-payment as specified In Section 3 1 4, Bad Debts. Customers who have had service suspended will be charged a suspension fee as listed in Attachment B. Customers wanting service who have previously had their service terminated or suspended and carts removed shall be subject to restart/cart redelivery fees as listed In Attachment B 3.1.4 Bad Debts All past due amounts that accrue from the services provided by the Contractor under this Contract will be pursued for collection by the Contractor for a ninety (90) day period as follows: 1. If no payment has been received at thirty (30) days from the date of the original invoice, send a letter with dunning message and charges to be applied to the Customer's account; 2. If no payment has been received at forty-five (45) days from the date of the original invoice, send a collection letter; 3. If no payment has been received at fifty-five (55) days from the date of the original invoice, send Intent to suspend letter and call the Customer; 4. If no payment has been received at sixty (60) days from the date of the original invoice, call the Customer and notify the Customer that service is being suspended, place the account on suspension, charge the Customer a suspension fee as listed in Attachment B, and notify the City; 5. If no payment has been received at seventy-five (75) days from the date of the original invoice, close the account, schedule container removal, and send final collection letter; 6. If no payment has been received at ninety (90) days from the date of the original invoice, the account will be written off and the balance, including accrued Interest, will be forwarded by the Contractor for collection. The Contractor City of Kent and Allied Waste Final Contract 48 of 69 8-6-10 will notify the City in writing of the closed account and forward Customer account history Information to the City to assist the City if it elects to pursue code enforcement action. 3.2 Compensation to the City The Contractor shall pay to the City a monthly administrative fee by the 15th of each month during the term of this Contract, starting in April, 2011. The administrative fee shall be based on the 2009 fee of forty-five thousand dollars ($45,000.00) per month. The administrative fee shall be adjusted in accordance with Section 3.3. A specific example of the administrative fee adjustment formula is provided in Attachment C. If Contractor fails to pay administrative fee by the due date, a penalty of ten (10) percent will be imposed. If the due date falls on a weekend or holiday, the due date is the next business day. Delinquent fees, including any penalties, are subject to an interest charge of one (1) percent per month, (twelve (12) percent per annum) on any unpaid balance from the date the fee becomes due until all past fees and penalties are paid in full. The City may, pursuant to Chapter 19.16 RCW, use a collection agency to collect outstanding debts, or may seek collection by court proceedings, which remedies shall be in addition to all other remedies. In accordance with KCC 3.18.050, these penalties, interest charges, and other remedies also apply to City utility taxes established in Section 6.14 of the Contract. In addition, the Contractor shall be responsible for payment of all applicable permits, licenses fees and taxes as described in Section 6.14 Permits Licenses and Taxes 3.3 Compensation Adjustments 3.3.1 Annual Rate Adiustment The Contractor's collection service charges, excluding waste disposal fees, for each level of service shall increase or decrease every year by an inflation adjustment factor based on three (3) indices, or successor indices, computed by the United States Department of Labor, Bureau of Labor Statistics. The three (3) indices and their weights are: 1. The annual consumer price index for Urban Wage Earners and Clerical Workers, (CPI-W) Seattle-Tacoma-Bremerton Statistical Area, Series ID No. CWURA423SA0, or successor indices, which will have a weight of forty-two (42) percent. City of Kent and Allied Waste Final Contract 49 of 69 8-6-10 2. The Energy Information Agency annual average West Coast Retail Price Series for On-Highway Diesel Fuel (DFI), Index No. PADD5, which will have a weight of eight (8) percent. 3. The Employment Compensation Cost Index for Private Industry (ECCI), in current dollars, not seasonally adjusted, December 2005=100, for service providing industries, Series ID No. CIU201SO000000001 (B,H,), which will have a weight of fifty (50) percent. The base reference values for these three (3) indices will be: the published value for December 2008 for the ECCI, and the 2008 12-month averages for the CPI-W and DFI. All annual rate adjustments during the Contract period will be calculated based on the weighted average change of three index values for the most recent year's December/Annual Average relative to the corresponding base reference values. The rates for the Contract year beginning April 1, 2011 will be the 2009-year rates listed in Attachment B, adjusted by three (3) percent as the estimated composite adjustment for index values for December/Annual Average 2010. The Inflation Adjustment Factor, for the Contract year beginning in April 1, 2012, will be calculated by taking the weighted average, based on the weights above, of the percentage difference between the Indices' values for December/Annual Average 2011, and the corresponding values for December/Annual Average 2008. The weighted average percentage change of all three (3) indices will then be added to one (1.0). The corresponding index adjustment for 2010 over 2008 will be calculated based on actual 2010 index values when they are available, and any difference between that calculated value and the estimated three (3) percent assumed for rates in the Contract year beginning April 1, 2011 (above) will be added to (if positive) or subtracted from (if negative) the 2012 adjustment factor. This will be a one-time true-up adjustment. All subsequent years' adjustments will be calculated relative to the index base reference values for December/Annual Average 2008. The non-disposal component of all rates in Attachment B shall be multiplied by this calculated adjustment factor. Specific examples of annual rate adjustments are provided in Attachment C. Adjustments to the Contractor's collection service charge shall be made in units of one cent ($0 01), with all adjusted rates rounded to the nearest cent. Fractions less than one cent ($0 01) shall not be considered when making adjustments. Rates shall be adjusted annually, beginning April 1, 2012. The Contractor shall submit to the City for review and approval a Rate Adjustment Statement by February 14`h of each year, calculating the new rates for the next Contract year. Unless the City disapproves of the rate adjustment within fourteen (14) days of the City's receipt of the Contractor's rate adjustment, the new rates shall take effect on City of Kent and Allied Waste Final Contract 50 of 69 8-6-10 April 1 of each year. Customers shall be notified of the annual rate adjustment effective April 1, by March 1, thirty (30) days prior to the new rate. Should ratepayers not receive notification by March 1 due to missed deadlines, rate calculation errors by the Contractor, or rate disapproval by the City, Implementation of the new rates may be delayed by one (1) month intervals until resolved without opportunity for recovery of lost revenue. Contractor will post details of the new rate on its web site no later than April 1 of each year 3.3.2 Periodic Adjustments Periodic adjustments shall be made to Contractor collection rates to reflect increases or decreases in King County disposal fees for solid waste. In the event of a change in disposal fees, the disposal fee component of rates charged to Customers shall be adjusted based on container content weights specified by the Contractor in its proposal and included in Attachment B of this Contract. Specific examples of rate modifications due to disposal fee changes are provided in Attachment C. 3.3.3 Changes in Disoosal or Yard & Food Waste Processing Sites The Contractor assumes all risk for the processing and marketing of Recyclables and Yard & Food Waste. However, if the Contractor is required by the City to use processing sites or markets other than those being used at the initiation of this Contract, the Contractor may submit a detailed proposal for a rate adjustment to reflect any additional costs or savings to the Contractor. The City and Contractor agree to negotiate in good faith any rate changes to offset these costs or savings. The Contractor may seek rate increases to offset Yard & Food Waste tipping fees that exceed the Contractor's disposal costs at the implementation of the Contract or as adjusted by the escalation in Section 3.3. Such request must be received and approved by the City ninety (90) days prior to potential increases in rates. The City will not unreasonably withhold the escalation of rates to cover the increase costs in Yard & Food Waste tipping fees. 3.3.4 Other Modifications The Contractor shall not adjust or modify rates due to employee wage increases, the value of Recyclables, Garbage collection service level shifts, or other changes affecting the collection system At the time of the City's decision to extend this Contract through invoking contract extension options, the Contractor can present a request for relief for any adverse market changes that have occurred during the previous period of the Contract. The City is under no obligation to give consideration for those adverse changes as a condition for invoking the contract extension option. City of Kent and Allied Waste Final Contract 51 of 69 B-6-10 3.4 Changes in Law Changes in federal, state or local laws or regulations or a continuing force maleure event that results in a detrimental change in circumstances or a material hardship for the Contractor in performing this Contract may be the subject of a request by the Contractor for a rate adjustment, subject to review and approval by the City, at the City's reasonable discretion. If the City requires review of the Contractor's financial or other proprietary information in conducting its rate review, at the request of the Contractor, the City shall retain a third-party to review such information at the Contractor's expense, and may take any other steps it deems appropriate to protect the confidential nature of the Contractor's documents and preserve the Contractor's ongoing ability to remain competitive. 4. Failure to Perform, Remedies, Termination The City expects high levels of Customer service and collection service. Performance failures shall be discouraged, to the extent possible, through automatic liquidated damages for certain infractions and through Contract default or termination for more serious lapses in service provision. Section 4.1 details infractions subject to automatic liquidated damages and Section 4.2 details default provisions and procedures. 4.1 Liquidated Damages The Contractor may be subject to liquidated damages for the following acts or omissions if documented in either a City or Contractor incident report. The City reserves the right to make periodic, unscheduled inspection visits or use other means to determine the Contractor's compliance with the Contract. All Liquidated Damages established in Section 4.1 of the Contract are due and payable to the City within thirty (30) calendar days from the date shown on the invoice as the "invoice date". If the Contractor fails or neglects to pay liquidated damages within this thirty (30) day period, a penalty of ten (10) percent of the amount of those liquidated damages will be imposed. Delinquent liquidated damages, including any penalties, are also subject to an interest charge of one (1) percent per month (twelve (12) percent per annum) on any unpaid balance from the date the liquidated damages become due until all past due taxes and penalties are paid in full The City may, pursuant to Chapter 19 16 RCW, use a collection agency to collect outstanding debts, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies In accordance with KCC 3 18 050 these penalties, interest charges, and other remedies also apply to City utility taxes established in Section 6.14 of the Contract. City of Kent and Allied Waste Final Contract 52 of 69 8-6-10 Liquidated damages are as follows: Action or Omission Amount Collection before or after the hours/days Two hundred fifty dollars ($250) as specified in Section 2 1.3, or per truck route (each truck on collection other than regular scheduled each route is a separate incident). collection day, except as expressly permitted. Repetition of complaints on a route after Twenty-five dollars ($25) per notification, including, but not limited to, incident, not to exceed thirty (30) failure to replace containers in complaints per truck per day. designated locations, spilling, not closing gates, replacing lids, crossing planted areas, or similar violations. Failure to collect spilled materials. Twice the cost of cleanup to the City or King County, plus two hundred fifty dollars ($250) per incident. Leakage from Contractor vehicles or Two hundred fifty dollars ($250) vehicle contents. per vehicle, per inspection, plus clean up costs. Collection vehicle exceeding existing One thousand dollars ($1,000) per street weight limits. incident. Failure to collect missed materials within One hundred dollars ($100) per one (1) business day after notification. incident to a maximum of five hundred dollars ($500) per truck per day on Single-family Residence routes and no maximum for Multifamily Complex and Commercial Customer routes. Three (3) missed collections of the same One hundred and fifty dollars service address within a six (6) month ($150) each occurrence. The period. Customer shall be credited for each missed collection during the six (6) month period. Collection as Garbage of Source- One hundred dollars ($100) per separated Recyclables or Yard & Food incident, up to a maximum of one Waste in clearly identified containers, thousand dollars ($1,000) per bags or boxes. truck, per day. Collection of Garbage containing visible Twenty-five dollars ($25) per quantities of Yard & Food Waste. incident. City of Kent and Allied Waste Final Contract 53 of 69 8-6-10 Action or Omission Amount Rejection of Garbage, Recyclables, or Twenty-five dollars ($25) per Yard & Food Waste without providing Incident documentation to the Customer of the reason for rejection. Failure to deliver Detachable Containers Fifty dollars ($50) per container to new Commercial Garbage Customers per day. within three (3) days. Failure to deliver, pick up, or replace Fifty dollars ($50) per container carts, Detachable Containers, or Drop- per day. box Containers within three (3) days of request to Multifamily Complex or Commercial Customers requesting service after April 1, 2011. Failure to deliver, pick up, or replace Fifty dollars ($50) per container Garbage, Recycling or Yard & Food per day. Waste Carts within seven (7) days of request to Single-family Residence Customers requesting service after April 1, 2011. Failure to collect, increase, or decrease One hundred dollars ($100) per the regular collection frequency of container per day. designated City street cans, and City facilities cans, carts, containers, drop boxes within (1) one business day after notification. Material misrepresentation by Five thousand dollars ($5,000) Contractors in records or reporting. per incident. Failure to make required reports on Two hundred and fifty dollars time. ($250) per incident. Failure to comply with reporting Two hundred and fifty dollars requirements in Section 2.3.4 ($250) per incident. Failure to replace reported leaking One hundred dollars ($100) per containers within 24 hours of notice. container/incident, up to maximum of one thousand dollars ($1,000) per inspection. Landfilling or incineration of One thousand dollars ($1,000) per uncontaminated loads of Recyclables or vehicle, per incident. Yard & Food Waste without the express written permission of the City. City of Kent and Allied Waste Final Contract 54 of 69 8-6-10 Action or Omission Amount Disposal of Recyclables or Yard & Food One thousand dollars ($1,000) per Waste residuals in an amount greater month. than five (5) percent. Failure to meet customer service ring, Two hundred fifty dollars ($250) on-hold time performance requirements. per Incident. Garbage, Recycling, or Yard & Food One hundred dollars ($100) per Waste complaints made to the City that unresolved complaint. were unresolved by Contractor within one (1) business day after notification. Effective as of October 1, 2011. Failure to deliver Garbage, Recycling or One thousand dollars ($1,000) per Yard & Food Waste Carts to all existing day. Single-family Residences on or before April 1, 2011. Failure to deliver Garbage carts, One thousand dollars ($1,000) per Detachable Containers, or Drop-boxes to day. all existing Multifamily Complex and Commercial Customers on or before April 1, 2011. Failure to include instructional and Fifty dollars ($50) per incident. promotional materials when Garbage, Recycling, and/or Yard & Food Waste Carts are delivered. The parties acknowledge the difficulty in anticipating actual damages to remedy the damage. The parties further agree that the liquidated damages listed in this Section represent a reasonable estimate of the loss likely to result from the remedy for the damage Additionally, the parties agree that these damages reflect the parties' best efforts to reflect the actual damages that will be incurred by these breaches, and they are not intended as a penalty. Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered violations or breaches of the Contract and the City reserves the right to exercise any and all remedies it may have with respect to these and other violations and breaches. The liquidated damages schedule set forth here shall not affect the City's ability to terminate this Contract as described in Section 4.2. Liquidated damages, if assessed during a given month, shall be invoiced by the City to the Contractor. Liquidated damages may be levied only if documented in an incident report. City of Kent and Allied Waste Final Contract 55 of 69 8-6-10 Any liquidated damages Imposed under this Section may be appealed by the Contractor to the City, in writing, within thirty (30) days of the date of the Invoice. The Contractor shall be allowed to present evidence as to why the amount of liquidated damages should be lessened or eliminated. The decision of the City shall be final. 4.2 Contract Default The Contractor shall be in default of this Contract if it violates any provision of this Contract. In addition, the City reserves the right to declare the Contractor to be in default in the event of any violation, which shall include, but not be limited to, the following: 1. The Contractor fails to commence the collection of Garbage, Recyclables, or Yard & Food Waste, or fails to provide any portion of service under the Contract on April 1, 2011, or for a period of more than five (5) consecutive days at any time during the term of this Contract. 2. The Contractor fails to obtain and maintain any permit required by the City, King County, or any federal, state, or other regulatory body in order to collect materials under this Contract. 3. The Contractor's noncompliance creates a hazard to public health or safety. 4. The Contractor repeatedly or persistently acts or fails to act in a manner that is subject to liquidated damages in excess of twenty-five thousand dollars ($25,000.00) during any consecutive twelve (12) month period. 5. The Contractor fails to maintain, in good standing, surety and insurance required by this Contract. The City reserves the right to pursue any remedy available under law for any default by the Contractor. In the event of default, the City shall give the Contractor and Contractor's surety ten (10) days prior written notice of its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise that does not allow ten (10) days prior written notice, the City shall immediately notify the Contractor and Contractor's surety of its intent to exercise its rights immediately. If the Contractor or Contractor's surety cures the stated reason within the ten (10) day notice period, or initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City may opt to not exercise its rights for the particular incident If the Contractor or Contractor's surety fails to cure the stated reason within the stated period, or does not undertake efforts satisfactory to the City to remedy the stated reason, then the City may, at its sole option, terminate this Contract. City of Kent and Allied Waste Final Contract 56 of 69 8-6-10 If the Contractor abandons or violates any portion of this Contract, fails to fully and promptly comply with all its obligations, or falls to give reasons satisfactory to the City for noncompliance, and fails to correct the same, the City, after the Initial ten (10) day notice, may declare the Contractor to be in default of this Contract and notify the Contractor of the termination of this Contract. A copy of said notice shall be sent to the Contractor and to the surety on its performance bond. If the Contractor or its surety wishes to contest the City's declaration of default, the contestant must provide written notice of its intent to contest the declaration of default within ten (10) calendar days of receiving the declaration of default. Failure to provide such written notice shall constitute a waiver of any defense to the declaration of default. During the period pending consideration of the notice by Contractor and Contractor's surety, the City may proceed to take over some or all of Contractor's work. The cost of all labor, equipment, and materials necessary for such services provided by the City shall be paid by the Contractor in full. In the event that the surety fails to exercise its option to perform the Contract work within ten (10) calendar days after notice of termination, the City may complete the services provided under this Contract or any part thereof, either through its own work force or by contract, and to procure other vehicles, equipment, and facilities necessary for the completion of the same, and to charge the same to the Contractor and/or surety, together with all reasonable costs incidental thereto. The City shall be entitled to recover from the Contractor and its surety as damages all expenses incurred, including reasonable attorney's fees, together with all such additional sums as may be necessary to complete the services provided under this Contract, together with any further damages sustained or to be sustained by the City. If City employees provide Garbage, Yard & Food Waste, and/or Recyclables collection, the actual incremental costs of City labor, overhead, and administration shall serve as the basis for a charge to the Contractor. 4.3 Availability of Collection Vehicles All vehicles, facilities, equipment, and property used by the Contractor shall be listed in an inventory supplied to the City and updated annually ("Contractor's Inventory"). Unless an approved replacement or substitute is provided, all vehicles, facilities, equipment, and property identified in the Contractor's Inventory for use in the performance of this Contract shall be available for the City's use in the case of default and/or termination for the purpose of performing any Contract work for the duration of the remaining Contract period, including renewal periods. Rent for the City's use of Contractor's Inventory shall be based upon the historical cost of the inventory less any accumulated depreciation and may be offset against amounts owing to the City. This obligation of the Contractor shall survive the termination of the Contract. City of Kent and Allied Waste Final Contract 57 of 69 8-6-10 5. Notices All notices required or contemplated by this Contract shall be personally served or mailed (postage prepaid and return receipt requested), addressed to the parties as follows: To Cit Copy To: Tim LaPorte, P.E. Kelly Peterson Public Works Director Environmental Conservation Supervisor City of Kent City of Kent 220 4th Ave. S. 220 4th Ave. S. Kent, WA 98032 Kent, WA 98032 Mike Mactutis, P.E. Gina Hungerford Environmental Engineering Manager Conservation Coordinator City of Kent City of Kent 220 4th Ave. S. 220 4th Ave S. Kent, WA 98032 Kent, WA 98032 To Contractor: Chris Guimond General Manager Allied Waste Services 22010 76th Ave. S. Kent, WA 98032 Jody Reid Division Controller Allied Waste Services 22010 76th Ave. S. Kent, WA 98032 6. General Terms 6.1 Collection Right 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 Contractor shall be the exclusive provider with which the City shall allow the collection of Garbage, Yard & Food Waste, Recyclables, and construction/demolition debris/waste materials placed in Contractor-owned containers and set out in the regular collection locations within the City Service Area. The City shall use its best efforts to protect this right of the Contractor; however, the City shall not be obligated to join or instigate litigation to protect the right of the Contractor. City of Kent and Allied Waste Final Contract 58 of 69 8-6-10 This Contract provision will not apply to: Occasional Garbage, Recyclables, or Yard & Food Waste self-hauled by the generator, Source-Separated recyclables hauled by common or private carriers (Including drop-off recycling sites); Commercial Food Waste hauled by a certified food waste hauling company; construction/demolition debris/waste transported by self-haulers or construction contractors provided that transportation is performed by such entity as an Incidental adjunct to another business enterprise operated by it in good faith; or Yard Waste generated and hauled by private landscaping services. The City reserves its right to amend its KCC during the Contract period to increase or decrease the number and types of exemptions to the City's mandatory solid waste subscription requirements. Further, the obligation to enforce this requirement and the degree of enforcement is a matter entirely within the City's discretion. The City does not promise, warrant, or guarantee that each Customer, even though mandated to subscribe for service, will in fact subscribe and cooperate with this mandate. This Contract does not necessarily include service to the King County Housing Authority (KCHA), pursuant to RCW 35.82. However, the Housing Authority may elect, at any time during the term of the Contract, to receive collection services from the City under this Contract and the Contractor agrees that upon request by the City or KCHA, those collection services shall be governed by this Contract as long as such request remains in effect. As concerns the City, the Contractor shall have responsibility for Garbage, Recyclables, construction/demolition debris/waste, and Yard & Food Waste once these materials are placed in Contractor-owned containers and the Contractor shall have no responsibility for these materials prior to the time they are placed in Contractor-owned containers. The Contractor shall retain revenues gained from the sale of Recyclables, construction/demolition debris/waste, or Yard & Food Waste. Any tipping or acceptance fee charged for Recyclables, construction/demolition debris/waste, or Yard & Food Waste shall be the financial responsibility of the Contractor. 6.2 Access to Records The Contractor shall maintain in its local office full and complete operations, Customer, financial, and service records that, at any reasonable time, shall be open for review, inspection, copying, or audit for any reasonable purpose by the City. In addition, the Contractor shall, during the Contract term, and at least six (6) years thereafter, maintain in an office in King County reporting records and billing records pertaining to the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting the Contractor's services provided under this Contract. Those Contractor's accounts shall include but shall not be limited to all records, invoices, and payments under the Contract, as adjusted for additional and deleted services provided under this Contract. The City shall be allowed access to these records for audit and review purposes. ---------------- City of Kent and Allied Waste Final Contract 59 of 69 B-6-10 In accordance with KCC 3.18.040, the Contractor shall keep records reflecting the amount of total gross income on Its business within the City, and such records shall be retained for at least six (6) years and shall be open at all reasonable times to audit by the finance director, or his or her duly authorized representative, for verification of said tax returns and supporting records or for the filing of a tax of the Contractor who fails to make such a return. The Contractor shall make available copies of certified weight slips for Garbage, Recyclables, and Yard & Food Waste on request as soon as possible, but in any event within ten (10) business days of the request. The Contractor shall retain solid waste dump fee tickets for a period of three (3) years. The Contractor shall allow the City to interview any person and to review any evidence in the Contractor's possession or control that may assist the City in determining whether and by what amount: (1) the Contractor is entitled to reimbursement or increased rates under the Contract; (2) the City is entitled to a reduction in rates under the Contract; or (3) the Contractor is in compliance with the Contract. 6.3 Contractor to Make Examinations The Contractor has made its own examination, investigation, and research regarding proper methods of providing the services required under this Contract, and all conditions affecting the services to be provided under this Contract, and the labor, equipment, and materials needed, and the quantity of the work to be performed. The Contractor agrees that it has satisfied itself based on its own investigation and research regarding all of these Contract conditions, that its conclusion to enter into this Contract is based upon that investigation and research, and that it shall make no claim against the City because any of the estimates, statements, or interpretations made by any officer or agent of the City may be erroneous. With the exception of Force Maleure events or as otherwise provided in this Contract, the Contractor assumes the risk of all conditions, foreseen, and unforeseen, and agrees to continue to provide services under this Contract without additional compensation under whatever circumstances may develop other than as provided herein. 6.4 Insurance The Contractor shall procure and maintain, for the duration of the Contract, insurance of the types and amounts shown in Attachment F, against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the services provided under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The cost of insurance shall be paid by the Contractor. City of Kent and Allied Waste Final Contract 60 of 69 8-6-10 6.5 Performance Bond The Contractor shall provide and maintain at all times throughout this Contract, a valid Contractor's Performance and Payment Bond or bonds, letter of credit, or other similar Instrument acceptable to and approved in writing by the City in the amount of one million dollars ($1,000,000 00). The bond, letter of credit, or other similar instrument shall be Issued for a period of not less than one (1) year, and the Contractor shall provide a new bond, letter of credit or similar instrument, and evidence satisfactory to the City of Its renewability, no less than sixty (60) calendar days prior to the expiration of the bond, letter of credit, or other similar instrument then in effect. The City shall have the right to call the bond, letter of credit, or other similar instrument in full in the event its renewal is not confirmed prior to five (5) calendar days before its expiration Failure to maintain this bond or other security shall constitute a breach under this Contract subject to immediate termination by the City. 6.6 Indemnification 6.6.1 Indemnify and Hold Harmless The Contractor, for itself, its employees, agents, subcontractors, and any other third-party or entity under its control, shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's wrongful acts or negligent performance of the Contract. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of the Contract. City of Kent and Allied Waste Final Contract 61 of 69 8-6-10 6.6.2 Notice to Contractor; Defense In the event an action is brought against the City for which indemnity may be sought against the Contractor, the City shall promptly notify the Contractor in writing. The Contractor shall assume the investigation and defense, including the employment of counsel and the payment of all expenses. The Contractor shall, at its own cost and expense, provide qualified attorneys acceptable to the City to defend the City, its officers, employees, agents, and servants against any claim in any way connected with the events described in Section 6 6 1. The City shall fully cooperate with the Contractor in its defense of the City, including consenting to all reasonable affirmative defenses and counterclaims asserted on behalf of the City. The City may employ separate counsel and participate in the investigation and defense, but the City shall pay the fees and costs of that counsel unless the Contractor has agreed otherwise. 6.6.3 Industrial Insurance Immunity Waiver With respect to the obligations to hold harmless, indemnify, and defend provided for herein, as they relate to claims against the City, its elected officials, officers, employees, volunteers, agents, and representatives, the Contractor agrees to waive the Contractor's immunity under industrial insurance, Title 51 RCW, for any injury, sickness, or death suffered by the Contractor's employees that is caused by or arises out of the Contractor's negligent exercise of rights or privileges granted by the Contract. This waiver is mutually agreed to by the parties. The foregoing waiver shall not in any way preclude the indemnifying party from raising such immunity as a defense against any claim brought against the indemnifying party by any of its employees. 6.7 Payment of Claims The Contractor agrees and covenants to pay promptly as they become due all just claims for labor, supplies and materials purchased for or furnished to the Contractor in the execution of this Contract The Contractor shall also provide for the prompt and efficient handling of all complaints and claims arising out of the operations of the Contractor under this Contract. 6.8 Confidentiality of Information Under Washington State law, the documents (including but not limited to written, printed, graphic, electronic, photographic, or voice mail materials and/or transcriptions, recordings, or reproductions thereof) prepared in performance of this Contract (the "documents") are public records subject to mandatory disclosure upon request by any person, unless the documents are exempted from public disclosure by a specific provision of law. If the City receives a request for inspection or copying of Contractor's records, it shall promptly notify the Contractor at the notice address set forth in Section 5. City of Kent and Allied Waste Final Contract 62 of 69 8-6-10 Before disclosing any records, the City will give the Contractor at least five (5) calendar days notice so that Contractor can review the records scheduled for disclosure and seek an injunction or other appropriate relief to prevent disclosure of all or part of the records, which action shall be at Contractor's sole cost and expense. The City assumes no contractual obligation to enforce any exemption and Contractor waives any claim that the City owes Contractor any duty in the regard. 6.9 Assignment of Contract 6.9.1 Assionment or Pledge of Money by the Contractor The Contractor shall not assign or pledge any of the money due under this Contract without securing the prior written approval of the surety on the performance bond and providing at least thirty (30) calendar days' prior written notice to the City of such assignment or pledge together with a copy of the surety's approval. This assignment or pledge, however, shall not release the Contractor or its sureties from any obligations or liabilities arising under or because of this Contract. 6.9.2 Assignment, Subcontracting, Delegation of Duties and Change in Control The Contractor shall not assign or subcontract any of the work or delegate any of its duties under this Contract without the prior written approval of the City. If Contractor asks to assign this Contract to an entity that is controlled by, controls, or is under common control with the Contractor, the City will, in good faith, expeditiously process the request and will not unreasonably deny the request. When requested, approval by the City of a subcontract or assignment shall not be unreasonably withheld. In the event of an assignment, subcontracting, or delegation of duties, the Contractor shall remain responsible for the full and faithful performance of this Contract and the assignee, subcontractor, or other obligor shall also become responsible to the City for the satisfactory performance of the work assumed. The City may condition approval upon the delivery by the assignee, subcontractor, or other obligor of a separate bond or other security acceptable to the City and of its covenant to the City to fully and faithfully complete the work or responsibility undertaken. In addition, the assignee, subcontractor, or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Contract. The City may terminate this Contract if the assignee, subcontractor, or obligor does not comply with this clause. Further, the assignee, subcontractor, or obligor shall be subject to a one (1) year evaluation period during which the City may terminate this Contract or the assignee, subcontractor, or obligor on the basis of any material breach of the terms binding the Contractor. For the purposes of this Contract, any change in control of the Contractor shall be considered an assignment subject to the requirements of this section. Nothing herein shall preclude the City from executing a novation, allowing the new City of Kent and Allied Waste Final Contract 63 of 69 8-6-10 ownership to assume the rights and duties of the Contract, and releasing the previous ownership of all obligations and liability. 6.10 Dispute Resolution and Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference, or claim arising from the parties' performance of the Contract, the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the King County Superior Court, 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 the Contract, each party shall pay all its legal costs and attorney's fees incurred in the defending or bringing such claim or lawsuit, including all appeals, 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 6.6 of this Contract. 6.11 Compliance with Law The Contractor, its officers, employees, agents, and subcontractors shall comply with all applicable federal, state, county, regional, or local laws, statutes, rules, regulations, or ordinances, including those of agencies having jurisdiction over the subject matter of this Contract, in performing its obligations under the Contract. Compliance shall include abiding by all applicable federal, state, and local policies to ensure equal employment opportunity and non-discrimination. The Contractor shall comply with all applicable laws pertaining to employment practices, employee treatment, public contracts, and public utilities authorized under Title 35A, Revised Code of Washington and its related statutes. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time-to-time must be complied with, including ergonomic and repetitive motion requirements. The Contractor must indemnify and hold harmless the City from all damages assessed for the Contractor's failure to comply with the Acts and Standards issued therein. The Contractor is also responsible for meeting all pertinent local, state, and federal health and environmental regulations and standards applying to the operation of the collection and processing systems used in the performance of this Contract. The Contractor is specifically directed to observe all weight-related laws and regulations in the performance of these services, including axle bridging and loading requirements. In accordance with the City of Kent Identity Theft Prevention Program, established through Resolution No. 1806 ("Program"), the Contractor (see Attachment G): City of Kent and Allied Waste Final Contract 64 of 69 8-6-10 Acknowledges receipt and review of the Program and agrees to perform its activities with respect to City-covered accounts in compliance with the terms and conditions of the Program and with all instructions and directives Issued by the Program Administrator relative to the Program. Agrees to report promptly to the Program Administrator in writing if the Contractor in connection with a City-covered account detects an incident of actual or attempted Identity Theft or is unable to resolve one (1) or more Red Flags that the service provider detects in connection with a covered account 6.12 Non-Discrimination The Contractor will not discriminate against any employee or applicant for employment because of age, race, religion, creed, color, sex, marital status, sexual orientation, political Ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion, race, color, sex, national origin, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to the following: employment upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for training, Including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, any required notices setting forth the provisions of this nondiscrimination clause. The Contractor understands and agrees that if it violates this non-discrimination provision, this Contract may be terminated by the City and further that the Contractor shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactorily to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. 6.13 Equivalent Industry Wages For work performed under this Contract, Contractor will pay its collection drivers wages and benefits generally equivalent to wages for these workers in King County. The Contractor shall be deemed in compliance with this Section if: a) it has a Union contract covering wages and benefits for Kent collection drivers, or b) it pays total compensation to its Kent collection drivers generally equivalent to the average total compensation received by collection drivers in King County. 6.14 Permits, Licenses and Taxes The Contractor and subcontractors shall secure a City business license and pay all fees and taxes levied by the City as established in the KCC. The Contractor shall ; City of Kent and Allied Waste Final Contract 65 of 69 8-6-10 have or obtain all permits and licenses necessary to provide the Contract services at Its sole expense. The Contractor shall be solely responsible for all taxes, fees, and charges incurred, Including, but not limited to, license fees and all federal, state, regional, county and local taxes and fees, such as Income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, Income, equipment, materials, supplies, or activities related to the Contractor's activities under the Contract, business and occupation taxes, workers' compensation and unemployment benefits. 6.15 Relationship of Parties The parties Intend that an Independent Contractor-Employer Relationship will be created by this Contract. By their execution of this Contract, and in accordance with Ch 51 08 RCW, the parties make the following representations: 1. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Contract. 2. The Contractor maintains and pays for its own place of business from which Contractor's services under this Contract will be performed. 3. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Contract. 4. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. 5. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. 6. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. 6.16 Bankruptcy It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Contract, at the option of the City, may be terminated effective on the day and at the time the bankruptcy petition is filed. City of Kent and Allied Waste Final Contract 66 of 69 8-6-10 6.17 Right to Renegotiate/Amendment The City shall retain the right to renegotiate this Contract or negotiate Contract amendments based on City policy changes, state statutory changes, or rule changes in King County, Washington State, or federal regulations regarding issues that materially modify the terms and conditions of the Contract. The City may also renegotiate this Contract should any Washington State, King County, or City rate or fee associated with the Contract be held illegal or any increase thereof be rejected by voters. In addition, the Contractor agrees to renegotiate in good faith with the City in the event the City wishes to change disposal locations or change services provided under the Contract and to provide full disclosure of existing and proposed costs and operational impacts of any proposed changes. This Contract may be amended, altered or modified only in writing, executed by authorized representatives of the City and the Contractor. 6.18 Force Majeure Provided that the requirements of this Section are met, Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Contract if Contractor's performance is prevented or delayed by acts of terrorism, acts of God including landslides, lightning, forest fires, storms, floods, earthquakes, civil disturbances, wars, blockades, public riots, explosions, disposal restrictions, governmental restraint, or other causes, if not already addressed in this Contract (e.g. snowstorm or inclement weather event), that are not reasonably within the control of the Contractor ("Force Majeure") If a result of a Force Ma)eure event, and if Contractor is unable wholly or partially to meet its obligations under this Contract, it shall promptly give the City written notice of the Force Majeure event, describing it in reasonable detail. The Contractor's obligations under this Contract shall be suspended, but only with respect to the particular component of obligations affected by the Force Ma]eure event and only for the period during which the Force Majeure event exists. In the event of a 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 the 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. 6.19 Illegal Provisions At the discretion of the City, if any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. City of Kent and Allied Waste Final Contract 67 of 69 8-6-10 6.20 Waiver No waiver of any right or obligation of either party shall be effective unless in writing, specifying waiver, and executed by the party against whom the waiver is sought to be enforced. A waiver by either party of any of its rights under this Contract on any occasion shall not be a bar to the exercise of the same right on any other occasion or of any other right at any time. 6.21 Entirety This Contract and Attachments A-L, which are incorporated by this reference, represent the entire agreement of the City and the Contractor with respect to the services to be provided under this Contract. To the extent any conflicting terms or conditions exist among this Contract and its attachments, the terms and conditions of this Contract shall control. No prior written or oral statement or proposal shall alter any term or provision of this Contract. EFFECTIVE DATE: This Contract agreement will become effective on the last date entered below. CITY OF i CONTRACTOR By By May / Its lL� �( Da UB�c�D/ 0�910 Date: �1 Q) Attu' City Clerk Appr ved as F r By City torney P\C1A%Fl1es\0pen Files\3368-Garbage&Recycling RFP\AIIIedCoara -FinalVerslon docx City of Kent and Allied Waste Final Contract 68 of 69 8-6-10 Attachments: A: Service Area Map B: Contractor Rates C: Rate Modification Examples D: City Facilities & Parks List E: City Street Container List F: Insurance Requirements G: Resolution 1806 - City of Kent Identity Theft Prevention Program H: Contractor Collection Vehicle Specifications I: City Approved Community Events List J: Implementation Plan K: Operations Plan L: Future Annexation Areas City of Kent and Allied Waste Final Contract 69 of 69 8-6-10 �i i Attachment A , Service Area Map i AA 1- 1 a % -2; 411 - t� ern." IrMM Aoh�bry I �y 1V98t V!G Wye ' ro _ _ 88 AV j{1L a 1_ —� cov�3-y7F i + aq,Av N S .-®.,�-�gip$ S,�Y. d'. t > IF GMkral AvS t �fl al Ay Jr 3 '�'"'^s v SOY } 'sib _— toa iw x I r SE1. A r2 J2 �TT �� u m ' f a m &Al ,E, f ti IJ J > IP i � I Attachment B Contractor Rates j i f , i i i I r i i Attachment B Attachment 8 Disposal Index, KC Fen Race $95.00 KC Fee 2011 595.00 Collection Index; Dec;Annl Average 2908 100.00 perlAnnl Avaiage 2010 103.00 Contract 2011 Service Service Level Fee Weekly One 13 allon Micro-Cart $ 4.61 Residential One 20 allon Mini-Cart $ 9.22 Curbside 1 2-'a lion Garbage Cart $ 16.36 Service 1 4. allon Garbage Cart $ 22.31 (Includes 1 64 allon Garbage Cart $ 3385 embedded 1 96 allon Garbage Cart $ 50.78 EoW recycling Additional 32 Gallon Carts weed) sue $ 18.48 &embedded Additional 45 Galion Carts(weLxl Svc $ 2680 EoW YWFW) Additional 64 Gallon Carts(weekly Svc) $ 33.85 Additional 96 Galion Carts(weeid svc $ 5018 Extras(32 anon aqurt•a�nf} $-_ 8.06 YWFW Foos: EoW Yard-l-ood Waste service includes 13- a€ion cart $ EoW Yard-Food Waste sorwce includes 32-gallon+mart S - EoW Yard-Food Waste service Includes 64-gallon cart $ EoW Yard-Food Waste service includes 96- anon cart) $ Extra Yardw iste(per 37 anon) $ 3.14 Miscellaneous Fees, Return Iri $ 7.21 Carry-out Charge,per 25 ft,par month $ 229 Drive-in Charge,per month $ 5AS overweight/Oversize conta rter(per piu) $ 3.09 Suspension of service,container retrieval S 15.45 Redelivery of containers I $ 15,48 Extra Rec cling Container,per month $ 2.76 Cart Cleaning(per cart per event on-Call White Goods,exce ralLgerators $ 61.60 Bulky Refrigerators,Freezers atoll Ccrnsa TVs S r.7 28 Waste Sofas, Chairs __._.. . $ 6150 Collection Mattresses " � S 61.50 8/5/10 Attachment 9 Contract 2011 Service Weekly Cart Garbage Collection: Fee Multifamily 1 32-gallon Garbage Cart $ 11.73 Cart 1 45-gallon Garbage Cart $ 17.02 (includes 1 64- alion Garbage Curt $ 25.$3 embedded 1-96 gallon Gerbdye Cart $ 38.74 recycling) Additional 32 Gallon Carts(week) svr $ 11.73 Additional 45 Gallon Carts (weekly sr Additional 64 Gallon Carts week) svc) Add+clonal 96 Gallon Carts(weekly svr) Extras(92 anon er�urvatent $ 4.62 Miscellaneous Fees: Weeks Yard rood Waste includes 32 allon card $ 21.87 Weeks Yard-rood Waste(includes 64-gallon cart) $ 21.87 Weekly Yard-Food Waste includes 96 alton cart $ 21.07 Return Trip $ 7.21 Carry-out Char e, per 25 ft,per month $ 2.29 Drive-in Char e,Ear month $ 5.16 Overweight/Oversize container( er iu) $ 3.09 Suspension of service,container retrieval $ 16.46 Redeliveryof containers $ 15.46 Extra Recycling Container,per month $ 276 Cart Cleaning(per cart per event) $ 8.24 Multifamily 1 Cubic yard, 1 pickuRLAMek S 66.71 Detachable 1 Cubic yard, 2 picku £week $ 111.43 Container 1 Cubic yard,3 pickupstweek S 147.14 (loose) 1 Cubic ya.rd,4 pickopshwiek S 222.86 1 Cubic yard, 5 pickups/week $ 278,57 1.5 Cubic Yard, 1 pickupf"ek $ 76.73 1 5 Cubic Yard 2 picku srweak $ 163.44 1 5 Cubic Yard,3 picku stweek $ 230.17 15 Cubic Yard,4 pickups%veek S 306.89 1 5 Cubic Yard,6 picku shveek S 38161 2 Cuoic Yard, 1 picku week S 97,73 2 Cubic Yard,2 pickups/week S 196.46 2 Cubic Yard,3 pic kupsWweek S 293,19 2 Cubic Yard,4 picku siweek 5 3%92 2 Cubic Yard,5 pickuWweek $ 488.64 3 Cubic Yard, 1 pickuNWeek S 13974 3 Cubic Yard,2 pickupsrwsek S 279,49 3 Cubic Yard,3 pioku2sJweek S 419.22 3 Cubic Yard.4 pidku week $ 668.97 3 Cuoic Yard,5pickups/week 5 698.71 4 Cuoic Yard. 1 picttu eak $ 181.76 4 Cubic Yard,2 pickups/week $ 363,51 4 Cuoic Yard,3 pickuWweek $ 04527 4 Cubic Yard,4 picku weak $ 727,02 0 8/5/10 Attachment B 4 Cubic Yard.6 piL*MNmek $ 908.76 6 Cubic Yard,1 pickup1week $ 261518 6 Cubic Yard,2 pickupsAAeek $ VIM 6 Cubic Yard,3 PrCkLJP94VePk S 797.35 6 Cubic Yard,4 pickupsMeek S 1,063.13 6 Cubic Yard,5 pickupsivveek $ 1,328.91 8 Cubic Yard, 1 oickuptweek S 349.80 8 Cubic Yard,2 pickupshoveek S 699.62 8 Cubic Yard,3 pi-.kjp9)week S1,049.42 8 Cubic Yard,4 pj&,josivoeek $ 1,39923 8 Cubic Yard,5 piukupsi'week $1,749.03 Extra loose cubic yard,per pickup S 1156 Contract 2011 Service Weekly Cart Gorttage Collection- Fee Commercial I 32-gallon Garbage Cart 5 11,73 Cart I 45-gallon Garbage Cart S 17,02 1 64-galinn Garbage Cart S 25.83 1 96-gallon Garbage Cart $ 38,74 Additional 32 Gallon Cart(weekly svc) S 1173 Additional 45 Gallon Cart, (week)y svc) S 20.46 'Additional 64 Gallon Carts I weeMv svc) 26.6 Additional 96 Gallon Carts(weeK'y svc) S 38.74 Extras(32 ganon ecupoatent,' S 4.62 Miscellaneous roes: Weekly Yard-Food Waste(Ircludes 32jallon card S 21.87 Weekly Yard-Food Waste(iridude,4 H4:2±en cacti � S 21.87 Weekly Yard-Food Waste(includes 96 allon"rti S 21.87 Return Trip $ 721 Garry-out Charge, per 25 it r month S 229 Drive-in Charge,per month s ISAIS Overwelqhtfqyersize contaner tper piu) 5 3.09 Suspension of service container retrieval S 15.46 Redelivery of containers S 1 SAS Extra Recycling Container, per month S 2.76 jCaFt Cleaning(per cart per event) i Weekly I Cubic Yard Container S 210.55 Commercial 1 5 Cub�c Yard Container 6 268,46 Detachable 2 Cubic Yard Container $ 336.67 Container 3 Cubic Ywd Cantatrier $ 428.28 (compacted) 4 Cubic Yard Container $ 506.95 6 Cubic Yard Container $ 856.19 commercial I Cubic yard, 1 pickupiweek 15, Detachable 1 Cubic yard, 2 pickupw%veek s 11, .4Z$ 16 Container 1 Cubic yard. 3 pjakupsJwerik 167.14 Attachment B (10000) 1 Cubic yard.4 pickups/weak S 222.86 I Cwhic yard. 5 pickulLstweek $ 278.57 15 Cubic Yard, I picku2j'week $ 76.73 1,5 Cub,c Yard,2 pickupsiweek $ 163.44 15 Cubic Yard.3 pickups/week $ 230.117 15 GLibir,Yard 4 pickiips/week 30689 15 Cubic Yard 5 pick,ipslweek 38361 2 Cubic Yard, I pickupNveek $ 9773 2 Cubit Yarc,2 pickupOoeek $ 19546 2 Cubic Yaro, 3 pickupp'week $ 29319 2 Cubic Yard,4 pckLjp.N.,(-,ek $ 390.92 2 Cubic Yara, 5 pickupaiweek $ 488.64 .1 Cubic.Yard, I pickupNveek $ 139,74 3 Cubic Yard,2 pickuEsMeek $ 279.49 3 C.4bic Yard, 3 pickups1week $ 419.22 3 Cubic Yard, 4 pickupsNweek $ 558-97 3 Cubic Yard,5 pickupsovee;k $ 698.71 4 Cubic Yard, 1 pv_kupAveek $ 181.76 4 Cubic Yard,2 pickupsMeek $ 363.61 4 Cubic Yard,3 pickupsNweek $ 545.27 4 Cubic Yard,4 pickupuMeek $ 727.02 4 Cubic Yard,5 pickups4week $ 908,18 6 Cubic Yard, I pickup(week $ 26518 6 Cubic Yard,2 pirkuEsNmek $ $31.56 6 Cubic Yard,3 pickupalvJeek $ 797.35 6 Cubic Yard,z pickupsiweek $1,063.13 6 Cubic Yard,b pokupsi-week $1.32191 8 Cubic Yard, I pv:.kup*eek $ 349.80 8 Cubic Yard,2 pickupsmeek $ 69962 8 Cuoic Yard,J pickups;week R Cubic Yard,4 pickupsivveek a Cubic Yard,5 pickupsNmek Extra loose cubic yard,per pickup Miscellaneous Fees(par occurrence); Return Trip 1.33 Roll-out Container over 15 feet per PiL)_ Unlock Container(per piu) Gate Opening(per p(u) 2011 2011 2011 2011 Daily Monthly Delivery Haul Service Level(k!iwd on pick up*) Rent Rent Char Charge Commercial Non-compaviod 15 cubic yard Drop-box S 1.51 $ 4532 $ 8755 136 17 DrOP430X Non-coirnpacle:3 20 CLIIJIC vaid Drop4ox $ 1.78 S 515G $ 8755 136.17 .Collection Non-compacted 25 cubic yard Prop-box $ 2.13 _63 96 87 55 136.17 Non-compacted 30 cubic yard Drop-box $ 2.40 $ 72.10 S 8756 136.17 Non-compacted 40 cubit,yard Dicip-box $ 2.91 $ 67.55 S 8755 $__13GA7 Compacted IS cubic yard Drop-box S $7.55 $ 16395 Cornpacted 20 cubic yard D,op-box S $7.66 $ 163.95 Compactoc 25 cubic yard Drop-box S 87.55 $ 163 96 Attachment Compacted 30 cubic yard Drop-box $ 87.55 $ 163.95 Compacted 40 cubic yard Dfop-box S 87 66 $ 163.13S 2011 Service Service Level Fee Temporary 2 Yard detachable container $ 23.16 Collection 4 Yard detachable container $ 4632 Hauling 6 Yard detachable container $ 6766 8 Yard detachable�;unta+ner $ 8900 Non-compacted 10 cubic yard Drop-box $ 166.59 Nan-coin acted 20 cubic yard Drop-box $ 156.59 Nan-rem acted 30 cubic vard Drop-box $ 156.59 Non-compacted 40 cubic yard Drop-box $ 156.59 2011 2011 2011 Delivery Daity Monthly Service Level Fee Rental Rental _ $ 100.58 $ 2.09 .$ 63 57 Temporary 2 Yard detachable container Collection 4 Yard detachable container $ 100.68 $ 2,58 $ 7712 Container 6 Yard detachable containei $ 100.60 $ 3.03 $ 90,97 Rental 6 Yard detachable container $ 100.68 $ 3.29 $ 98.44 and Delivery Non-compacted 10 cubic yard Drop-box $ 100.68 $ 4,45 $ 133.61 Non-cnmpacted 20 cubic yard Drop-box $ 100.68 $ 4.45 $ 133.61 Non-compacted 30 cubic yard Drop-box $ 100.68 1 $ 5.58 $ 167.38 Non-compacted 40 cubic yard drop-box $ 100-58 1 $ 5.89 $ 179.70 Miscellaneous Foes: Per Event Return Tn $ 25.75 Stand-by Time er minute Drop-box turn around charge Contract 2011 Service Labor Service Fee Hourly Rates RearlSide-load Parker+driver $ 103.00 From-load oacker+driver $ 103.00 Drop-box Truck+driver $ 103.00 Addrbonal Labor jper person 6 46,35 Monthly Special Service: Pa went Can collection of street titter and recycling containers City Service (listed in Attachment E)-Flat rate per month $ 1,591.35 Collection at City Facilities and Properties(Itsted in —Caug= Attachment D)-Flat Rate per month $ 9,093.69 r^fin 8/SI1C7 Attachment B-1 Attachment B-1 Disposal Index: KC Fee, Bass, $95.00 KC Fee, 2011 S9500 Collection Index, Dec/Anni Average 2008 100M DeciAnni Average 2010 10300 Contract 2011 Service Service Level Fee, Weekly One 13-;;a1lon Micro-Cart $ 6.37 Residential One 20-gallon Mini-Cart $ 1 D.74 Curbside 1 32-gallon Garbage Cart $ 17.91 Service I 45-gallon Garbage Cart $ 25,98 (includes 1 64-gallon Garbs Cart r$ 39 42 embedded I 95:9allon Garbage Cart $ 5,3.1 3 1 71 f; EoW recycling Additional 32 Gatlon Carts(weekly svcl $ 21,51 &embedded Additional 45 Galion Carts(weeks t svc) $ 31.21 wMyYWFW) Additional 64 Gallon Carts(weekly s c) $ 39.42 Additional 96 Galion Carts (weekly svc) $ 59.13 Extras(32 gallon equivalent) 7.04 iWFW Fees: Yard-Food Waste service includes 13-gallon cart $ Yard-Food Waste service (includes 32-gallon cart) $ Yard-Food Waste service (includes 64-gallon cart) Yard-Food Waste service (includes 96-gallon cart) Extra Yardwaste(per 32 gallon) $ 3.14 Miscellaneous Fees: Return Trip $ 7.21 Carry-out Charge,per 25 ft, per month $ 2.29 Drive-n Chay, per month $ 6.15 OverweightlOversize container{per plu) $ 3.09 Suspension of service, container retrieval $ 16.46 Redelivery of containers 15,46 , Extra Recycling Container, per month 2.75 Cent Cleanin (per cart $ 8.241 Attachment B-2 Attachment B-2 01sposal Index, KC Fee, Base: $95-00 KC Fce, 2011- $9500 Collection Index: Dec/Avini Average 2008 100,00 DeclArnl Avery ge.2010 103(1Contract 2011 Service Service Level Fee EoW One 13-gallon Micro-Cart $ 4,01 Residential One 20-gallon mini-Cart $ 8100 Curbside 132 alion Garbage Cart $ 13.34 Service I 45-1gallon Garbage Cart $ 19.38 (includes I 64:9alon Garbage Cart $ 29.38 embedded 1 86-gallon Garbage Cart $ 44.06 EoW recycling Additional 32 Galion Carts(weekly svcl &embedded Additional 45 Gallon Carts(weekly svc) wkly 13 gat Additional 64 Gallon Carts (weekly svc YWFW) Additional 96 Gallon Carts(weekly svc) Extras(32 gallon equivalent) YWFW Fees: Yard-Food Waste service(includes 32-9allan cart) Yard-Food Waste service(includes 64-galfon cart) Yard-Food Waste service,(includes allcn cart Extra Yardwaste(per 32 2allon) Miscellaneous Fees: Return Trip 7.21 Car -out ChaLge, per 25 ft, per month 2.29 Drive-in Charge, per month $ 5.15 Overweightf0versize container(per Wu) $ 3.09 Suspension of service, container retrieval $ 15,46 Redelivery of containers $ 16A5 Extra Recyclinj) Container, per month 1 $ 2761 ECart Cleaning (per cart er event) 1 $ 8.241 WO Attachment C Rates Modification Examples I I i i I (i f I i I I Attachment C Annual Rate Adjustment Examples The disposal and collection components of the Customer charges listed in Attachment B will be adjusted separately, as appropriate. The collection component of Customer charges will be adjusted annually, pursuant to this Section and as described below. The disposal component of the Customer charges listed in Attachment B will be adjusted only if the City receives notification from the County of a pending disposal fee adjustment, and will not become effective until the new disposal charges become effective and are actually charged to the Contractor. Formulas for both collection and disposal rate adjustments are provided below: Collection Component Adjustment This adjustment will be used for all non-disposal rates, charges and payments. Example: Adjustment Factor for April 2012 - March 2013 (2012/13) Rates i Inflation 2008 2011 % Weighted Adjustment Index Index Difference Weight Average Component Value Value From Base Change CPI-W (1] 205.0 217.0 .0585 42% .02457 Fuel [2] 225.0 270.0 .2000 8% .01600 Labor [31 110.0 120.0 .0909 50% .04545 Weighted Index (total of weighted average of three components + 1.0) [4] 1.0860 Example: 2009-10 32-Gallon Cart Collection (collection component) Fee: $10.94 * 2012-13 Adjustment Weighted Index (calculated as above): 1.0860 2012-13 32-Gallon Cart Collection (collection component) Fee: $11.88 Notes: [1] Annual consumer price index for Urban Wage Earners and Clerical Workers, Seattle- Tacoma-Bremerton Statistical Area, Series ID No. CWURA423SAO, (weight of 42%) [2] Energy Information Agency average annual West Coast Retail Price Series for On- Highway Diesel Fuel, Index No. PADDS, (weight of 8%) [3] December Employment Compensation Cost Index for Private Industry, Series ID No. CIU201S0000000001 (B,H), (weight of 50%) [4] In this example, there is no adjustment for correction to the estimated 2010 index, as described in Section 3.3 1 If there were, it would be added to/subtracted from 1.0860. i Disposal Component Adjustment In the case of a disposal fee modification at County disposal facilities, the disposal component of each service level will be adjusted by multiplying the 2009/10 disposal component by the ratio of the new County disposal fee to the 2009/10 County disposal fee ($95/ton). Composite Monthly Price/Fee Adjustment Based on the separate adjustments for disposal and collection rate components, monthly and per-pickup garbage collection rates will be adjusted as Illustrated in the example below: (Note: 2012113 rates shown below are for illustration only) 1. Column (1) contains the disposal component of each 2009/10 rate, based on the current dump fee of $95/ton. 2. Column (2) contains the collection component of each 2009/10 rate. 3. Column 3 is the total 2009/10 rate - disposal plus collection - for each I service level. 4. Column (4) contains the new disposal component of each 2012/13 rate, calculated by multiplying each 2009/10 disposal component by the ratio of the new dump fee of $105/ton divided by the old dump fee of $95/ton. 5. Column (5) contains the new collection component of each 2012/13 rate, calculated using the weighted price index adjustment value above. 6. Column (6) contains the new 2012/13 rates, the sum of columns (4) and (5). Residential (1) (2) (3) (4) (5) (6) Rates Solid Waste, 2009/10 2009/10 2009/10 2012/13 2012/13 2012/13 Recycle & Disposal Collection Monthly Disposal Collection Monthly YW Service Component Component Rate Component Component Rate_ 13 Gal cart 1 21 $ 3 24 4 45 1 337 3 519 4.86 20 Gal cart 243 6 46 $ 8 89 $ 2 686 $ 7 016 9.70 32 Gal cart 3 88 10 94 14 82 $ 4.288 11 881 $16.17 45 Gal cart 546 16 04 21 50 6.035 17 419 23.45 64 Gal cart $ 7 77 24 83 $32 60 8.588 26 965 35.55 96 Gal cart it 65 37 26 48 91 12 876 40 464 53.34 Note- The calculated monthly rates will be rounded to the nearest $0.01. Monthly City Fee and Payment Adjustments The monthly City administrative fee (as well as monthly charges to the City for Litter Can collection and City Facility pickups) will be adjusted similarly to the collection components' price adjustment described above. Examples: 2012/13 monthly City Fee = $45,000.00 x 1.0860 = $48,870.00 2012/13 monthly Litter Can Payment = $1,545 x 1.0860 = $1,677.87 i Attachment D City Facilities & Parks List Attachment D City Facilities and Parks Site Add.I Street Gar Svc. Gar Frq, Rec Svc. Rec.Frq. Org.Svc Org.Frq City Hall 220 4th Ave S 1-2 yd 5/wk 1-4 yd 5/wk 1-96 gal 5/wk Centennial Center 400 West Gowe 1-4 yd 3/wk 1-4 yd 3/wk 1-96 gal .5/wk Police Dept 232 4th Ave S 1-3 yd 2/wk 2-90 gal 5/wk NA NA Senior Center 600 E Smith St 1-4 yd 4/wk 1-3 yd 3/wk 1-96 gal .5/wk Kent Commons 525 4th Ave N 1-6 yd 3/wk 1-96 gal 5/wk 1-96 gal .5/wk Kent Commons 525 4th Ave.N 1-4 yd 3/wk 2-3 yd weekly NA NA Hist Museum 855 E.Smith St. 96 gal weekly 1-96 gal weekly NA NA Shops 12607 SE 248th St 1-8 yd 2/wk 1-96 gal weekly NA NA Kent Memorial Park 950 Central Ave N 1-3 yd 2/wk NA NA NA NA Wilson Playfield 13209 SE 251st 1-8 yd weekly 1-6 yd weely NA NA Service Club Ballfield 14608 SE 288th St. 1-8yd weekly 1-6 yd weekly NA NA Service Club Ballfield* 14608 SE 288th St. 1-8yd May-Sept NA NA NA NA weekly Fire Dept #74 24611 116th Ave S 1-3 yd 2/wk 1-4 yd 2/wk 1-96 gal 5/wk GRNRA 22306 Russell Road 96 gal weekly 1-96 gal weekly NA NA Kent Corrections Fac 1230 Central Ave 5 1-4 yd 3/wk 1-3 yd 2/wk 8-96 gal 5/wk Corrections Annex 8323 S 259th St 2-2 yd weekly 13-yd weekly 1-4yd 1/wk Downtown Mamt.Shop 5821 S 240th 1-6 yd weekly 1-6 yd weekly NA NA Riverbend 18-hole 2019 W Meeker 1-8 yd 2/wk 1-6 yd 2/wk NA NA Riverbend 9-hole(Par-3) 2030 W Meeker 1-2 yd 1/wk NA NA NA NA Riverbend Driving Range 2020 W Meeker 1-6 yd 2/wk 1-6 yd weekly NA NA Riverbend Main Shop 24058 Russell Road 1-6 yd weekly NA NA NA NA Kent Eng Traffic Main. 1621 Central Ave.5 1-3 yd weekly 1-1 yd weekly NA NA *This is an additional 8 yard garbage weekly service to be provided May through September i Attachment E City Street Container List Attachment E City Street Cans Location Details Downtown core area: (3 x week collection) approximate location 1. W. Titus & 2nd Ave. SW corner 2. W. Titus & 15t Ave. SE corner 3. W. Gowe & 1st Ave. SW corner 4. On 1st Ave. between W. Gowe & W. Meeker mid-block 5. W. Meeker & Railroad Ave. N. SE corner 6. W. Meeker & Railroad Ave. N. NE corner 7. W. Meeker & 1" Ave. NE corner 8. On W. Meeker between 1st Ave. & 2nd Ave. north side, mid-block 9. On W. Meeker between 1st Ave. & 2nd Ave. south side, west of 1" Ave. 10. W. Meeker and 2nd Ave. NW corner 11. On W. Meeker at City Square 317 W. Meeker 12. On W. Meeker at City Square mid-City Square 13. On W. Meeker at City Square north end of City Square 14. On W. Meeker at 406 W. Meeker mid-block 15. On W. Meeker at Meeker St. Law Bldg. mid-block 16. On W. Meeker at Valley Bank Bldg. east side of parking exit 17. On W. Meeker at Valley Bank Bldg. west side of parking exit 18. On 4th Ave. & W. Meeker NE corner 19. On 4th Ave. between W. Meeker & W. Harrison mid-block 20. On W. Harrison between 4th Ave. & 2nd Ave. mid-block by W. bldg entrance 21. On W. Harrison between 4th Ave. & 2nd Ave. mid-block by E. bldg. entrance 22. On 2nd Ave. at end of W. Harrison near Library entrance 23. 2nd Ave. & W. Smith St. SE corner 24. 2nd Ave & W. Smith St. SW corner 25. W. James St. & 5th Ave. NW corner 26. On 4th Ave. north of W. Harrison Bus stop north of W. Harrison 27. On 4th Ave. between W Meeker & W. Gowe 124 4th Ave. S. 28, On 4th Ave. between W. Meeker & W. Gowe North of W. Gowe 29. On W. Gowe east of 4th Ave. by parking entrance 30. On W. Gowe between 4th Ave. & 2nd Ave. Bus stop at 325 W. Gowe Location Details Outside Downtown core area: Street Cans (1 x week collection) 31. Southbound Central Ave. S. between E. Meeker & E. Gowe Metro bus stop 32. Northbound Central Ave. S. at 856 Central Ave. S. Metro bus stop 33. Eastbound on E. James St. east of Central Ave. S. Metro bus stop 34. Southbound on 84th Ave. S. at S. 224th St. Metro bus stop 35. Northbound 681h Ave. S. at S. 228th St. Metro bus stop 36. Northbound 681h Ave. S. at S. 212th St. Metro bus stop 37. Southbound 68th Ave. S. at S. 212th St. Metro bus stop 38. Northbound 68th Ave. S. at S. 196th St. Metro bus stop 39. Southbound 68th Ave. S. at S. 196th St. Metro bus stop 40. Southbound 104th Ave. SE at SE 228th St. Metro bus stop 41. Northbound 104th Ave. SE at SE 232nd St. Metro bus stop 42. Northbound 104th Ave. SE at SE 236th PI. Metro bus stop 43. Northbound 104th Ave. SE north of SE 240th St. Metro bus stop 44. Northbound 104th Ave. SE at SE 244th St. Metro bus stop 45. Eastbound SE 256th St. east of 104th Ave. SE Metro bus stop 46. Westbound Kent-Kangley Road at 150th PI. Metro bus stop 47. Corner of 36th Ave. S. and 38th Ave. S. Street can (across from National Guard-not a bus stop) Attachment F Insurance Requirements i I Attachment F INSURANCE REQUIREMENTS FOR WASTE HAULING CONTRACTS I Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85, 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's Pollution Liability insurance coverage ("occurrence" form) covering any claim for bodily injury, personal injury, property damage, cleanup costs and legal defense expense applying to all work performed under the contract. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $3,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $5,000,000 E general aggregate and a $2,000,000 products-completed operations aggregate limit. 3. Contractor's Pollution Liability insurance shall be written with limits no less than $3,000,000 combined single limit per occurrence for bodily injury, personal injury, property damage, cleanup costs and legal defense expense. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City to the extent of Contractor's negligence. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor to the extent of Contractor's negligence and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation i The Contractor and the City waive all rights against each other, any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work The policies shall provide such waivers by endorsement or otherwise to the extent of the insured's negligence. I F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. G. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be sub]ect to all of the same insurance requirements as stated herein for the Contractor. i I ® DA_E(MM/DD/YYYY) A�Ro CERTIFICATE OF LIABILITY INSURANCE 6 9 2010 PRODUCER Phone 818-662-4200 Fax 877-297-9262 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB&T - Knight Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 535 North Brand Blvd lSer Floor HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Lic# 0619252 Glendale CA 91203 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURFRA ZURICH AMERICAN INS CO 16535 Republic Services Inc INSURER B AMERICAN ZURICH INS CO 40142 (Named Insured Continued Below)16500 N Allied Way wSURER cLEXINGTON INS CO._ 19437 - - Phoenix AZ 85054 INSURER INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD L POLICY EFFECTIVE POLICY EXPIRATION LIMITS TR INSIRD TYPE OF INSURANCE POLICY NUMBER DATEIMMIDDfYYYYi DATEfMM/DDrMYi A GENERAL LIABILITY GL0370304203 6/30/2010 6/30/2011 EACH OCCURRENCE $_5 D00 000 -I DAMAGE TO RENTED X _COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) _$_5_0 0, 000 1 CLAIMS MADE f X_1 OCCUR MED E_XP(Any one person) - $ PERSONAL B ADV INJURY $S OOO 000 GENERAL AGGREGATE $-S i000 000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG $S DOO 000 , POLICY PRO- X LOC A AUTOMOBILE LIABILITY BAP370304303 6/30/2010 6/30/2011 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $5, 000, 000 X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X I HIRED AUTOS BODILY INJURY X NON-OWNEDAUTOS (Per accident) $O PROPERTY DAMAGE $ 0 (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ _ ANYAUTO OTHER THAN EA.CC $ AUTO ONLY AGG $ C EXCESS I UMBRELLA LIABILITY 2214223/2214224 6/30/2010 6/30/2011 EACH OCCURRENCE $ 5 OOO 000 X- OCCUR 71 CLAIMS MADE AGGREGATE $ 5 000 000 $ _ DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION WCSTATU OTH B AND EMPLOYERS LIABILITY WC370304003 6/30/2010 6/30/2011 X YIN A ANY PRORRIETOR'PARTNER'EXECUTIVE WC37O304103 6/30/2010 6/30/2011 EL EACH ACCIDENT $3 000,000 OFFICERIMEMBER EKCLUDED9 N / EL DISEASE-EA EMPLOYEE $3, QQ0 OOO A EWS594527802 6/30/2010 6 30/2011 (Mandatory In NH) If yes describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $3, 000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS "Umbrella coverage was arrangna by Besse, Limited, who solely placed coverage on behalf of Republic Services, Inc. iLr Lexington Insurance Jompany " iv 4176 Named Insured Includes Kent-Meridian Disposal Company ity of Kent See Attached CERTIFICATE HOLDER CANCELLATION r Non-pavinnent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE City of Kent CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 220 4th Avenue South SHALL. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Kent, WA 98032 THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Yllr,. Ki ACORD 25(2009101) ©1988-2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLA IMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative cr producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2009101) DESCRIPTIONS Continued. Certificate Holder is an Additional Insured, except for Workers Compensation, if required by written contract Waiver of Subrogation rights apply, if required by written contract If required by written contract, the General Liability policy will apply as primary insurance and any other insurance to t:e additional insured shall apply as excess and non-contributory insurance Employers Liability (Scup Gap) coverage for Monopolistic States is included Attachment G Resolution 1806 City of Kent Identity Theft Prevention Program I i Attachment G RESOLUTION NO. �� C A RESOLUTION of the City Council of the City of Kent, Washington, approving and adopting an Identity Theft Prevention Program as required by the Fair and Accurate Credit Transactions Act of 2003, and the Federal Trade Commission's Identity Theft Rules. RECITALS A. In 2003, Congress adopted The Fair and Accurate Credit Transactions Act of 2003, Pub. L. No. 108-159, 117 Stat. 1952 (codified in scattered sections of Titles 15 and 20 of the United States Code), which requires certain financial institutions and creditors with certain accounts that extend credit or Involve deferred payments to prepare, adopt, and implement an identity theft prevention program. The purpose of this program is to Identify, detect, respond to, and mitigate patterns, practices, or specific activities that could indicate identity theft. Congress delegated the administration of the Act to the Federal Trade Commission, which adopted further rules regarding identity theft programs at 16 C.F.R. § 681, et seq. Together, the provisions adopted by Congress and the Federal Trade Commission are referred to as "Red Flag Rules." B. Because the City maintains various continuing accounts where customers defer payment on the services they receive, these accounts appear to be "covered accounts" under the legislation and subject to the 1 Identity Theft Prevention Program - Red Flag Rules I I I i Red Flag Rules. In order to comply with the Red Flag Rules, the City must establish an Identity Theft Prevention Program, through its City Council, that Is designed to detect, prevent, and mitigate identity theft in connection with the City's covered accounts, This program was originally to be in place by November 2008, however, the Federal Trade Commission agreed to suspend enforcement until May I, 2009, in order to give creditors additional time during which to develop and implement a conforming program. C. In meeting its obligations under the Red Flag Rules, staff prepared an Identity Theft Prevention Program in the form attached and i incorporated as Exhibit "A." After reviewing the program, the Kent City Council determined to adopt the Identity Theft Prevention Program and directs staff to begin its immediate implementation. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Program Adoption. The Identity Theft Prevention Program, attached and incorporated as Exhibit A, is hereby approved by the Kent City Council and adopted for implementation in the City of Kent for its accounts covered under the Red Flag Program, such as its water, storm/surface water, and sewer utility accounts; local improvement district assessment accounts; and potentially some parks program and other creditor accounts. SECTION 2. - Authorization and Direction. The Kent City Council authorizes and directs staff to implement the Identity Theft Prevention Program in accordance with Its terms. Additionally, staff shall annually report to the City's Finance Director as the Program Administrator on the I en y reven io Program - Red Flag Rules effectiveness of the program, any significant incidents involving identity theft, and any recommendations for material program changes. After considering these factors, the Program Administrator will determine whether changes to the Program, including the specific Red Flags identified In the program, are warranted. If warranted, the Program Administrator , will update the Program as he or she so determines. SECTION 3, — Seuerabillty. If any section, subsecton, paragraph, sentence, clause or phrase of this resolution Is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. — Ratify a i n. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 5. — Effectve Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this a l day of April, 2009. CONCURRED in by the Mayor of the City of Kent this -=� ! day of April, 2009, S E COOKE, MAYOR r ffiy�Fhe€F PreveAFl00. Program -Red Flag Rules i I ATTEST: BRENDA JACOBER, CIT LERK APPROVED T RM: ` alltER, CITY ATTORNEY I hereby certify that this Is a true and correct copy of Resolution No. ?6�-passed by the City Council of the City of Kent, Washington, the day of April, 2009. I BRENDA]ACOBER, CLERK I P•\Qv11VResolutlon\RedFlapRules ResaluUoMdoptlnpPmgmrn.da Program --Red Flag Rules EXHIBIT A I KENT CITY OF KENT IDENTITY THEFT PREVENTION PROGRAM (RED FLAG PROGRAM) Effective Beginning May 1, 2009 I. PROGRAM ADOPTION The City of Kent ("City") developed this Identity Theft Prevention Program ("Program") pursuant to the Fair and Accurate Credit Transactions Act of 2003 (Pub. L. No. 108-159, 117 Stat. 1952 (codified in scattered sections of Titles 15 and 20 of the United States Code)), and the Federal Trade Commission's Identity Theft Rules (16 C.F.R. § 681, et seq.) (collectively "Red Flag Rules"). This Program was developed by the City of Kent's Finance Director ("Program Administrator") with the oversight and approval of the Mayor and the City Council, After consideration of the size and complexity of the City's operations and account systems, and the nature and scope of the City's activities, the City Council determined that this Program was appropriate for the City of Kent, and therefore approved this Program by the adoption of Resolution No. / F O 6 on April 21, 2009. II. PROGRAM PURPOSE AND DEFINITIONS A. Fulfilling requirements of the Red Flag Rules Under the Red Flag Rules, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" that is tailored to its size, complexity, and the nature of its operation. The Program must contain reasonable policies and procedures to: 1. Identify relevant Red Flags, as that term is defined in 16 C.F.R. pt. 681, for new and existing covered accounts, and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected in order to prevent and mitigate identity theft; and 4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the City from Identity Theft. All of the City's individual utility service accounts are covered by the Red Flag Rules, including its water, storm/surface water, and sewer utilities. In addition, other City accounts may constitute "covered accounts" under -1- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM version April 21,2009 the Red Flag Rules, for example, Local Improvement District assessment accounts and any parks program accounts that require or allow scheduled payments. B. Red Flag Rule definitions used in this Program For the purposes of this Program, the following definitions apply and are derived from 16 C.F.R. pt. 681: 1. Account. "Account" means a continuing relationship established by a person with a creditor to obtain a product or service for personal, family, household or business purposes, and includes an extension of credit involving a deferred payment. 2. Covered Account. A "covered account" means: a. Any account the City offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions such as a utility account; and j b. Any other account the City offers or maintains for which j there is a reasonably foreseeable risk to customers or to the safety and soundness of the City from identity theft, including financial, operational, compliance, reputation, or litigation risks. 3. Creditor. "Creditor," as provided for in Section 702 of the Equal Credit Opportunity Act, 15 U.S.C, 1691a, means any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit. 4. Customer. A "customer" means a person or business entity that has a covered account with a creditor. S. Identifying Information. As defined in 16 C.F.R. § 603.2, "identifying information" means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including: (i) Name, social security number, date of birth, official state or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number; (11) Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; -2- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM version. Apo 21,2009 (lii) Unique electronic identification number, address, or routing code; or (iv) Telecommunication identifying information or access device. 6. Identity Theft. "Identity Theft" means fraud committed using the identifying information of another person. 7. Red Flag. A "Red Flag" means a pattern, practice, or specific activity that indicates the possible existence of identity theft. 8. Service Provider. "Service provider" means a person or business entity that provides a service directly to a financial institution or creditor relating to or connection with a covered account. III. IDENTIFICATION OF RED FLAGS In order to identify relevant Red Flags, the City shall review and consider the types of covered accounts that it offers and maintains, the methods it provides to open covered accounts, the methods it provides to access its covered accounts, and its previous experiences with identity theft. The City identifies the following Red Flags and will train appropriate staff to recognize these Red Flags for those accounts subject to the Red Flag Rules as they are l encountered in the ordinary course of City business A. Red Flags Related to Alerts. Notifications, and Warnings from Credit Reporting Agencies 1. Report of fraud accompanying a credit report; 2. Notice or report from a credit agency of a credit freeze on a customer or applicant; 3. Notice or report from a credit agency of an active duty alert for an applicant; 4. Notice or report from a credit agency of an address discrepancy; and S. Indication from a credit report of activity that is inconsistent with a customer's usual pattern or activity, such as an unusual increase in the volume of credit inquiries, unusual increase in the number of established credit relationships, or a material change in the use of credit. B Red Flags Related to SusRicious Documents 1. Identification document or card that appears to be forged, altered, or inauthentic; 2. Photograph or physical description on the identification document or card is not consistent with the person presenting the document; -3- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM Version April 21,2009 3. Other information on the identification document or card is not consistent with information provided by the person opening a new covered account, by the customer presenting the identification, or with existing customer information on file with the City, such as a recent check; and 4. Application for service that appears to have been altered or forged, or gives the appearance of having been destroyed or reassembled. C. Red Flags Related to Suspicious Personal Identifying Information 1. Identifying information presented that is inconsistent with other information the customer provides, for instance, inconsistent birth dates; 2. Identifying information presented that is inconsistent with other sources of information, for instance, an address that does not match an address on a driver's license; 3. Identifying information presented is associated with common types of fraudulent activity, such as use of a fictitious billing address or phone number; 4. Identifying information presented that is consistent with known fraudulent activity, such as presentation of an invalid phone number or fictitious billing address used in previous fraudulent activity; 5. Social security number presented that is the same as one given by another customer; 6. An address or phone number presented that is the same as that of another person; 7. A person fails to provide complete personal identifying information on an application when reminded to do so. However, by law social security numbers must not be required; and 8. A person's identifying information which is not consistent with the information that is on file for the customer. D. Red Flags Related to Suspicious Account Activity or Unusual Use of Account 1. Change of address for an account followed by a request to change the account holder's name, 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in a way that is not consistent with prior use, such as very high activity or nonpayment when there is no history of late or missed payments; 4. Mail sent to the account holder is repeatedly returned as undeliverable although transactions continue to be conducted in connection with the customer's covered account; -4- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM version Apnl 21,2009 • i 5. Notice to the City that a customer is not receiving mail sent by the City; 6. Notice to the City that an account has unauthorized activity; 7. Breach in the City's computer system security; and 8. Unauthorized access to or use of customer account information. E. Red Flags Related to Alerts from Others 1. Notice to the City from a customer, a victim of identity theft, a law enforcement authority or other person that it has opened or is maintaining a fraudulent account for a person engaged In identity theft. IV. PREVENTING AND MITIGATING IDENTITY THEFT A. Action Required if Identity Theft Detected. In the event City personnel detect any identified Red Flags, such personnel must notify the Program Administrator. The Program Administrator should then decide which of the following steps should be taken: 1. Continue to monitor an account for evidence of identity theft; 2. Contact the customer; 3. Change any passwords or other security devices that permit access to accounts; 4. Not open a new account; S. Close an existing account; 6. Reopen an account with a new number; 7. Notify law enforcement; or 8. Determine that no response is warranted under the particular circumstances. B. Specific Red Flag Considerations for New and Existing_accounts. The following steps will be taken with respect to new and existing covered accounts: 1. New Account Red Flag Detections. In order to detect any of the Red Flags identified above associated with the opening of a new account, City personnel, to the extent possible, should endeavor to take the following steps to obtain and verify the identity of the person opening the account: a. Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; b. Verify the customer's identity. For example, reviewing a driver's license or other photo identification card, and comparing it against the customer's physical attributes; -5- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM version April 21,2009 C. Review documentation evidencing the existence of a business entity; and d. Independently contact the customer. 2. Existing Account Red Flag Detections. In order to detect any of the Red Flags identified above for an existing account, City personnel should take the following steps to monitor transactions with an account: a. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email) before providing information or transacting business; b. Verify the validity of requests to change billing addresses; and C. Verify changes in banking information given for billing and payment purposes. i C. Specific Considerations for Protection of Customer Identifying iInformation. In order to further prevent the likelihood of identity theft occurring with respect to City accounts, the City will use its best efforts to take the following steps with respect to its internal operating procedures to protect customer identifying information: 1. Reasonably secure customer identifying information that may be accessible through the City's website, but provide clear notice that the City cannot guarantee its website is entirely secure; [?] 2. Undertake complete and secure destruction of paper documents and computer files containing customer identifying information; 3. Make City computers password protected and provide that staff computer screens lock after a set period of time; 4. Keep City offices clear of papers containing customer identifying information; 5. Only in the event social security number information is required, staff should request only the last 4 digits of social security numbers; 6. Maintain staff computer virus protection up to date; and 7. Require and keep only those kinds of customer identifying information that are necessary for City purposes. V. PROGRAM UPDATES Annually, staff shall report to the Program Administrator on the effectiveness of the program, any significant incidents involving identity theft, and any recommendations for material program changes. -6- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM version April;1,2009 The Program Administrator will periodically review and update this Program to reflect changes in risks to customers and the soundness of the City from identity theft. In doing so, the Program Administrator will consider the City's experience with identity theft situations, changes in identity theft methods, changes in identity theft detection and prevention methods, and changes in the City's business arrangements with other entities. After considering these factors, the Program Administrator will determine whether changes to the Program, including the specific Red Flags identified in the Program, are warranted. If warranted, the Program Administrator will update the Program as he or she so determines. A copy of the current Program shall remain on file with the Program Administrator and the City Clerk. VI. PROGRAM ADMINISTRATION A. Oversight. The Program Administrator shall be responsible for developing, implementing, and updating this Program. The Program Administrator will also be responsible for the Program's administration, for ensuring appropriate training of City staff, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating identity theft, for determining which steps of prevention and mitigation should be taken in particular circumstances, and for considering periodic changes to the Program. I B. Staff Training and Reports. City staff responsible for implementing the Program shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. Staff should prepare a report at least annually for the Program Administrator, including an evaluation of the effectiveness of the Program with respect to opening accounts, existing accounts, service provider arrangements, significant incidents involving identity theft and responses, and recommendations for changes to the Program. C. Service Provider Arrangements. In the event the City engages a service provider to perform an activity in connection with one or more accounts, the City should take the following steps so that the service provider performs its activity in accordance with reasonable policies and procedures designed to prevent, detect, and mitigate the risk of identity theft: 1. Require, by contract, that service providers acknowledge receipt and review of the Program, and agree to perform their activities with respect to City covered accounts in compliance with the terms and conditions of the Program, and with all instructions and directives issued by the Program Administrator relative to the Program, and -7- CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM version April 21,2009 2. Require, by contract, that service providers agree to report promptly to the Program Administrator, in writing, if the service provider in connection with a City covered account detects an incident of actual or attempted identity theft or is unable to resolve one or more Red Flags that the service provider detects in connection with a covered account. --------END-------- P\Civil\Resolution\RedPlagRules-ExARogra Language doc -% CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM version: April 21,2009 f Attachment H Contractor Collection Vehicle Specifications I 1 I 1 i i i i f I t � ;.• �'�Z s two teilllus . 5mrrt .6krurt TMAW16r ? ` r �s ago °iar� s* r 1,, q i H NR � � ,fi' � ¢a �Tti ,:s yx di2� N<, ■ ,... .{ §.k ,k - '� � x '�y' �s ,a 6�����x 4 m a i �y� f«- r •$trry�.. v A •. .{,� F.yk *•., h t��' r« w '�'c$P t� z "�*>.� af��e°`�3a �g �zF'Se'`�v:-�',1 Tfielanua �i omated a tir'fr hashe m` fnnovBH�e`�oei m onset a a tr orerie Mara it boasts the flexibility to pickup manual,semi-automated,or fully automated routes.it functions as an automated trai and can be used as a route cleanup truck for any rear,side,or automated units.With smooth operation and one-buttonw' plekpuf r this truck handles cans of almost any si�a� 4: y 3 v 1�4}`day, 3 g a u � , y .. fin" yt1 i ri ,� ;, door Y } Y{ 1ST i- a r. n.. .,,z3,; ;'"s # ;.!Y :v� �'�'X?� ,,,�z�"*.{"�.'s�• ,�a�,,� � iY +'� ���', �«t-'���t'�§' k 7, k, '�S�e. .s'�a�''.S'�t >i: MANUALAUTOMAT ! i BODY SPECIFICATIONS PERFORMANCE Floor.10-gauge AR200 -8-18 second dump cycle depending on reach requirement Roof: 11-gauge AR200 •Side Walls 11-gauge AR200 HARDWARE Vkather Pak and Deutsch connectors TAILGATE Aeroquip hoses and fittings •Side and Rear Walls,1/8"AR450 •Hydra-Zarb'and Stauff clamps Zinc-dichromate coated hydraulic lines HOPPER Hopper Floor:3/16'GRD 50 CONTAINER CAPACITY" •Wear Area. 1/4'AR Hardox 400 •Straight Fingers 18-96 gal •Hopper Assist Panel:3/16"AR200 •Standard Fingers: 18- 110 gal •Extended Fingers: 18-350 gal PACKER •Cyee ee,a nrreepanaug on as aencembro,expo weremn ary0p [am ea Packing Face•114"AR200 •Wear Strips X Wear and AR400 PAINTING •Follows#Panel,3/16'AR200 Packer steel shot-blasted prior to pdmingvdth Akin Coating's high-sol d$ epoxy primer and acrylic urethane ARM •Grabber Ground Clearance:10" OTHER OPTIONS AVAILABLE -Arm Reach.8' .Hopper work lights •Strobe light CHASSIS REQUIREMENTS" •Camera-aesrstlights •GAWR.18,000 lb min front,40,000lb min rear •Peterson smart lights After Frame 60"min •Clear coat -0AwkM MOT Gmtod NaNQIW b,pecxlc almh raeu"ecr nh before aaMry, -Fire extingulsher/bracket •Auxiliary axles(call for application) HYDRAULICS •Camera systems-single,dual,and triple Pump Make/Model:Parker P350feral pump with HOC and •Mud Baps-front and/or rear Pack-on-the-go flow control system •Decals(call for pricing) Colttrol Valves.Parker VA35 •Plastic shovel Packer Valve:VA35 x 2 work sections-pneumatic operating with Toolbox pre-coalescing filter Paint colors Arm Valve, Parker P70 x 5 work sections-electric proportional Coll$ 0il Reservoir,50 gallons Filter:1 Packer 100 mesh suction filter Parker 16 micron medium-pressure return line CYLINDERS Packer:4"bore x 3'rod x 39.1/2'stroke Arm in/Out 2"bore x 1.1/4'rod x 67"drake Grabber.2"bore x 1' rod x 6-1/4'stroke Tailgate,2.1/2"bore x 1.1/2'rod x 38"stroke Body Lift(telescoping),6-1/2"bare x 3.1/2'rod(3rd stage)x 170"stroke Hopper Assist.3'bore x 2'rod x 14"stroke O 20Ce 61nNallue Tick and Marxrlaow"Inc rMYe"sa,erA Ilia kkNaiue tore are ree(slered vademer+�of M�selDrs T•uo"entl kbnufecWdrp aa,Lbdpe Center,MN.Va4 I Cu*kcsn lea rowimored Trademark of 0ahwish Coryxalion,Oahkosh M,JSA PoI velar des1pnoWd Irademar"e a a dhp property a1 thar nspxrxhre owrrra. McNeitus Weight Distribution 08/1912009 Page 1 of 3 \� Customer Refuse Sales-CNG MA Requestor M.Tucker Autocar ACX Preparer N Burgess 08/19/2009 28 Yard StreetforGe MA VIN- Payload Total 18,538 (662 Ibs/yd) Notes Estimated Chassis Weight from spec,CNG fuel system added Drier and drop frame conversion added Number of Axles: 3 Number of Rear Axles, 2 Auxillary Axles Description Distance Wei ht CCG Force Pusher❑ 0.00 000 0.00 0.00 Tag❑ 0.00 0.00 000 0.00 Welaht Summary Front Axle Rear Axle Tandem Pusher Tandem Tag Rear Group Gross Rating 20,0000 40,0000 40,0000 Bridge Law Max Weight 20,0000 34,000.0 34,000.0 52,600.0 ------------------------------- Chassis&Options Weight 10,5847 5,5773 5,6773 16,162.0 Body&Options Weight 7,0859 10,714.1 10,714.1 17,800.0 TARE Weight 17,670.6 16,2914 16,291.4 33,9620 C Payload Weight 1,0341 17,503.9 � 17,503.9 18,538.0 — --- Total Weight 18,704.7 — _-- _____0.0 33,795.3 0.0 33,795.3 52,500.0 Weight% 35.6% 0.0% 64.4% 0.0% 64.4% 100.0% Bridge Law Compliant? Compliant Compliant Compliant Compliant Inches 24200 A.Wheelbase -10.00 B Back of Cab to Center of Front Axle 6750 C Back of Cab to Front of Body 5400 D Rear Tandem Spread 0,00 E Center of Tandem or Center of Single „ Axle to Pusher Aide 0.00 F:Center of Tandem or Center of Single AIM Axle to Tag Axle p e Note: Body and chassis weights are informations]and subject to change.Payload configurations are approximate due to variations in payload content and consistency Under no circumstance does McNeilus guarantee payload due to these variables. McNeilus Weight Distribution 08/1912009 Page 2 of 3 Inches Feet CG Weight Weight CG j Outer Bridge 269 22 Chassis Total 84.4 15,462 Body 16,000 00 7997 Rear Inner Bridge 54 5 Chassis Front 0.0 10,070 Payload 18,538.00 17100 Front Tandem Bridge 0 0 Chassis Rear 2420 5,392 Rear Tandem Bridge 64 5 Chassis Options Total 641 700 Body Total 137.5 16,000 Body Options Total 2185 1,800 Tag 00 0 Pusher 0.0 0 Payload 226.6 18,538 62,600 Center of Gravity Summary From of Body Location from Front Axle 57.5 Wheelbase 242.0 Actual Back of Cab to Rear AxWTandem 2620 Chassis Body Payload Bodv+PaAoad CG 835 882 171.0 130.4 Weight 16,162 17,800 18,538 36,338 Auxillary Axle Effects Front Pusher Rear Tag Total Chassis 10,505 NIA 5,577 NIA 16,162 Body 7,086 N/A 10,714 WA 17,800 Pusher Up 0 UP 0 tR 0 r Tag Up 0 UP 0 UP 0 Tare Welght 17,671 UP 18,291 UP 33,962 Payload 1,034 N/A 17,504 WA 18,538 Total Aux Axles Up 18,705 UP 33,795 UP 62,500 Pusher Down 0 0 D NIA 0 Tag Down 0 WA 0 0 0 Net Pusher Down 0 0 0 WA 0 Net Tag Down 0 WA 0 0 0 Total Aux Axles Down 18,705 0 33,795 0 62,500 Base Chassis Weight 16,462 Chassis Option Welaht Sdi Drop Frame Estimate 500.00 100.00 Driver 200.00 -25.80 Totals 700.00 64.06 Total Chassis Weight with Options: 16,162 Body Options Body Option Descrio0on weicht Roof Mounted CNG 1,800.00 161 00 Totals 1,800.00 16100 Total Body Weight with Options: 17,800 i NOtw. Body and chassis weights are informational and subject to change.Payload configurations are approwmate due to variations in payload content and consistency.Under no arcumstanoe does McNeilus guarantee payload due to these variables. McNeilus Weight Distribution 08/19/2000 r Page 3 of 3 Maximum Axle Loading ----------------------------------- ------- ----------------------------------------------------- - -- Warning: E Body and chassis weights are Informational and subject to change.Payload configurations are approximate due to variations in payload content and consistency.Under no arcumstanoe does McNeilus guarantee payload due to these variables - -- ---------- -------- ------------------------------- -------------------------------- ------------- = Bridge Law Alternative Compliant Loading Payload Weight: 18,538.00 25,109 00 pb*ard) 662 897 Pusher Force- 000 0.00 Tag Force: 0.00 0.00 Front Axle Rear Axle Axle Welahts Tandem Pusher Tandem tag Rear Group Gross Axle Rating 20,000 40,000 Bridge Law Compliant 18,705 0 33,795 0 33,795 62,500 Alternative Loading 19,071 0 40,000 0 40,000 59,071 C. Customer accepts this weight distribution and payload for this vehicle. Signature. Note: Body and chassis weights are informational and subject to change.Payload configurations are approximate due to variations in payload content and consistency Under no circumstance does McNeilus guarantee payload due to these variables. Mc/Ue%lus sf..r,s, :srm zough > ► :, Wz) # 1,mOAIIJ I"' RO, Y Buhl for any chalky.fie'McNellus'Pac fx Series Front Lander'is lightweight,but definitely not Iig,t=da(y.ihrough'cerafal form-and-function armlos,we added strength where it was required and used lighter materials where pusslbie without affecting perfamarrce or payload requimrents. h' eeei 10P , r s r;. nk k I r} A , P � � Ouo a m 12 i olik"a 4 A I 441h li A I""Aflij X� BODY SPECIFICATIONS CYLINDERS Body Floor. 10 Gauge AR200 Ejector Cylinder, 5-1/21 x 30 Rod She 1821 Stroke Body Sides- First Section:1/81 AR460 Arm Cylinder-4-1/2"Bore x 2-1/211 Rod Size x 4611 Stroke, Body Sides-Second and Third Sections:10 Gauge AMOO No Cushion(Decal Value) Boo Roof: 10 Gauge AR2DO Fork Cylli 3"Bore x 1-3/40 Rod Size x 20"Stroke Cab Shield 14 Gauge GRID 50 High Strength Steel Tailgate Cylinder 2-1/21'Bore x 1-1/2"Rod Size x 38"Stroke HOPPER SPECIFICATIONS HARDWARE •Lower Hopper Sides.3/16'AR400 -Weather Pak Connector—Deuti Contractors •Upper Hopper Sides:20 Gauge ASTM A572 ORD 50 High Strength Steel -Aeroi Hasa and Fittings ,Hopper Floor, 1/4'AR400 -Hydra-Zorb and Stauff Clamps •Rib Support,14 Gauge ASTM A572 GRO 50 High Strength Steel •Four Crossmembers:3"x 3"It 1/8"High Strength Steel Tube OPERATIONS -Command Zone'"-R Controls PACKER/ELECTOR SPECIFICATIONS MCNEILUS WARRANTIES Lower Packing Face, 1/4"AR200 -Cylinders:5 year limited womanly from date of delivery Face Support.3/80 ASTM A36 Steel -Hydraulic Pump and Valves:2 years from date of delivery Packing Panel Flow Tracks,1/41'ASTM A656 ORD 80 High Strength Steel -Packet Unit:6 months from date of delivery -Top Wear Strips:3/8'AR400 Bottom Wear Strips:3/9"X-wear PAINTING Side Mar Strips:1/4'AR400 Sides, 10 Gauge ORD 50 High Strength Steel -Packet and components steel shot blasted plortD priming with Akin Coating's high solids epoxy primer and acrylic urethane TAILGATE SPECIFICATIONS OTHER OPTIONS AVAILABLE: ,7811gate Rear and Side Walls.1/8"AR450110 Gauge ASTM A607 ORD 50 High I Hopper Work Light Strength Steel 2 Hopper Work Lights Tailgate Locking Teeth:1-1/4'ASTM A36 Mild Steel Strobe Lights Tailgate Seat.Extends 44" Trapezoidal Lights Five-Point Automatic Locking Bustle Tailgate Camera-Assist Lights Body Longitudinals 10 Gauge ASTM A607 ORD 50 High Strength Steel Body Paint (formed channel) Cab Pettit Peterson Smart Lights ARM ASSEMBLY Clear Coat Arm Construction 3!1&'ASTM A666 ORD 80 High Strength Steel Fire Extingulsher/Bracket with 3/8"ASTM A514 T-1 Flanges(100,000 PSI yield) Auxiliary Axes-Call fint Application Arm Cylinder Mounts:ASTM A656,3/16"ORD 60 High Strength Steel Camera Systems-Single,Dual and Triple Arm Torque Tube 5-1/4"OD with 1/2"Wall Thickness Mud Flops-front and/or Rear 3-Arm Torque Tube follow,Blocks velth Nylatron Bushing Decals-Call for Pricing Plastic Shovel FORK ASSEMBLY 28"Tool Box Fork Torque Tube Construction.ASTM A613 Type 5 •Fork Torque Tube:4"OD with 3/80 Wall Thickness(DOM round tube) •Fork Tire Construction:1-1/4"ASTM A36 Mild Steel HYDRAULICS Pump Make/Model:Parker P365 Pump Sao:2-1/24 Pump Flow:48 gain @ 1350 RPM Control Valves Parker VA35,MRV Setting-2500 psi Oil Reservoir.50 Gallons Filter:Parker 40 CN Suctlan Stralri IDO Mash Stainless Steel with Magnets Inc=01 Airoure"i Vai ordii 1001ii logo an naeuwd uodenans it Warlilus Nei&blienifticluding.111L.00i 00141,NN 0100i Zane Is A ani 31 Otiashi Tack Arpmednon,(IshiciA,WI Ilths 11MMUM sm the rif000 Of ibeir mpectla wamem, Nili IiI V McNeilus Weight Distribution 08114/2009 Page 1 of 3 Customer 4085 Autocar 320 CNG Requestor M.Tucker AutoCar ACX Preparer M Holden 08/14/2009 40 Yard Pacific(3/16) VIN Payload Total 20,740 (519 Ibs/yd) Notes: Number of Axles, 4 Number of Rear Axles: 3 Auxillary Axles Description Distance Weight CG Force Pusher[-] 000 000 000 000 Tag V Hendrickson Composilite ST 27517OR22 5 7900 1,131 00 4.00 9,00000 Weight Summary Front Axle Rear Axle Tandem Pusher Tandem Tag Rear Group Gross Rating 20,0000 40,000.0 40,000.0 Bridge Law Max Weight 20,0000 34,000.0 42,000.0 57,500.0 Chassis&Options Weight 10,1490 6,1780 6,178.0 16,3270 Body&Options Weight 6,165.7 13,1343 13,1343 19,300.0 TARE Weight 15,8706 20,8874 20,887.4 36,758.0 Payload Weight -1,791.7 22,6317 22,531.7 20,7400 ------------------------------- Total Weight 17,8014 0.0 30,696.6 9,000.0 39,696.6 57,4980 Weight% 31 0% 0.0% 53 4% 15 7% 69.0% 100 0% Bridge Law Compliant? Compliant Compliant Compliant Compliant Inches 191 00 A:Wheelbase 000 B Back of Cab to Center of Front Axle 31 50 C Back of Cab to Front of Body 5400 D Rear Tandem Spread 000 E Center of Tandem or Center of Single n Axle to Pusher Axle 79 00 F:Center of Tandem or Center of Single �f Axle to Tag Axle C G i F Nam; Body and chassis weights are informational and subject to change Payload configurations are approximate due to variations in payload content and consistency.Under no circumstance does McNeilus guarantee payload due to these variables McNeitus Weight Distribution 08/1412009 Page 2 of 3 Inches Feet CG Weight Weight CG Outer Bridge 270 23 Chassis Total- 723 16,327 Body 17,500 00 9020 Rear Inner Bridge 106 9 Chassis Front- 00 10,149 Payload. 20,740 00 17600 Front Tandem Bridge 0 0 Chassis Rear 191.0 6,178 Rear Tandem Bridge- 54 5 Chassis Options Total- 0.0 0 Body Total' 1217 17,500 Body Options Total- 2105 1,800 Tag 2660 1,131 Pusher 00 0 Payload 2075 20,740 57,498 Center of Gmvity Summary Front of Body Location from Front Axle 31.5 Wheelbase 1910 Actual Back of Cab to Rear Axle/Tandem 1910 Chassis Body Payload Body+Payload CG 848 985 1760 1386 Weight 17,458 19,300 20,740 40,040 Auxiliary Axle Effects Front Pusher Rear Tag Total Chassis 10,149 N/A 6,178 N/A 16,327 Body 6,166 N/A 13,134 N/A 19,300 Pusher Up 0 UP 0 UP 0 Tag Up 444 UP 1,575 UP 1,131 Tare Weight 15,871 UP 20,867 UP 36,758 Payload -1,792 N/A 22,532 NIA 20,740 Total Aux Axlm Up 14,079 UP 43,419 UP 57,498 Pusher Down 0 0 0 WA 0 Tag Down 3,723 N/A -12.723 9,000 0 Net Pusher Down 0 0 0 N/A 0 Net Tag Dawn 3,278 N/A -11,147 9,000 1,131 Total Aux Axles Down 17,801 0 30.697 9,000 57,498 Base Chassis Weight 16,327 Chassis Options Total Chassis Weight with Options: 17,458 Body Options Body Option Description Weight QQ Roof Mounted CNG system 1,80000 17900 Totals' 1.80000 17900 Total Body Weight with Options 19.300 Note: Body and chassis weights are informational and subject to change Payload configurations are approximate due to variations In payload content and consistency Under no circumstance does McNeilus guarantee payload due to these variables McNeilus Weight Distribution 0811412009 Page 3 of 3 Maximum Axle Loading - ------ - --- ----- - - ---- --- ------- -- -------------------- Warning: Body and chassis weights are infonnattanal and sublecl to change Payload configurations are approximate due to variations in payload content and consistency Under no circumstance does McNeilus guarantee psylodd due to these variables ------------------- -------------- ---------- --------- ----- ------------------------------ ----------------------- Bridge Law Alternative Compliant Loading Payload Weight: 20,740 00 30,600.00 (lbs/yard) 519 765 Pusher Force, 000 000 Tag Force 9,00000 10,000 00 Front Axle Rear Axle Axis Weights Tandem Pusher Tandem Tag Rear Group Gross Axle Rating 20,000 40,000 Bridge Law Compliant 17,801 0 30,697 9,000 39,697 67,498 Alternative Loading 17.363 0 39,995 10,000 49,995 67,358 Customer accepts this weight distribution and payload for this vehicle. Signature. Note: Body and chassis weights are informational and subject to change.Payload configurations are approximate due to variations In payload content and consistency.Under no circumstance does McNeilus guarantee payload due to these variables �e° a VI IV I t �_ i R i'Ali �� 'F�S iY4 Yk'xt•`I'i'e `•it F.�.d 4 't,V 3' rrIxs.¢ < #,'r • Y #x,�it3 � s 9K g, R'$' c i xr A 94 tll Jl � it� p��yn §..$'�Y. •�,f�i'Y�,.'i{}�=-_�{'y}';;xzk,4a h¢r Nib.S{(L✓4 tr j3x' rY�+�'-t'�t�?'�yi� � - -� �'�'krY.��}t`hJJ $ tr 3 s.s 9' 3 sy*te;Y S�'o- }: •t»t, "ey•' .:� " ,�nW'p ,+_ ,tkt °`eC° •ry r' -` ',#, •,.3,•., r„ ov <#1 r 'yi��^#s(^Yk` "'� YY • dg�':. ra �' R}Fv2�3x. �„rd+ ,v-F ♦Y a -y�$}Iit�'$�4•�l Y � %.` ,k'. sF i,.; -� �� �kvx�tr t,�f 4, `�¢. 15, i * } r n-. y}iE r L• _ R '+�i T' "y4`x •��5x •��' E � K`Ei i$/x1.'r'.r pv ix� �� Y4 9�§r• r'Jg .. YaZ c 1 5 t � • x �sYy 3y��4yt1` '�3 r �� � F .3�" .-� ,jy• e�� gU'y�=t4',tu g! ,I For Waste, Recycling and Material Handling Equipment The new global economy has A Solid Reputation The Resources To Meet brought growth and prosperity Galbreath has a solid reputa- The Challenge to our nation and much of the tion for quality products and With several manufacturing plants and j world Wuh prosperity comes service. Because of our expert- a national dealer network,located a better quality of life for all of ise,resources, manufacturing throughout North America, Galbreath us.It also produces more waste. our capacities,and strengths,we achieve a cost-effectively supplies customers from world snuggles with this growingg higher level of product excellence and coast cc coast. Over a quarter of a environmental problem,Galbreath is customer sarisfactrnn That's why we uniquely positioned to meet the can accomplish more for our cats- challen e. g comers than our competitors. � I Galbreath's engineering capabilities are unmatched in the industry. Every product we make is designed from the ground up by eaperr engineers who million squirt&et of production know what our customers need to get the job done. With such a complete capacity are manned by approximately Today, Galbreath is one of North range of waste and material handling 354 entplugees, ensuring that our AmeriL,t's leading waste equipment man- customers receive their equipment ufacturers. We do more than just snake "` c r, promptly at a competitive price, f equipment, though. We provide our Furthermore,we make a easy to do customers with solutions to their most ' business with us Our fuianual services ehallengrng waste handling problems. division will help you purchase our products with custom-tailored financing packages that accommodate ` = your business cycle and revenue stream. �4 ,._ By combining our experience and products, Galbreath serves all facets of resources,we are able to meet the waste the waste industry as the single source mdustry's present and future needs for supplier for top performing equipment. better, more efficient solutions to the challenges it faces. l F E -� 4A 31, f4 M 301 h+71 1 J 4, "ME 4 L!r M And -ZI 7 N (ifQ -v The Commitment To GMW 1k Our sales success is fucicd by our coinniarnent to grow. AS the world's waste volume contin- Sv*, ues to increase, Galbreath recognues the opportunities and is planning for the future.Thiough planning, and customer p.titnetships, Galbreath will UE 0 11 tinue to lead the industry "a z Al tlk W I W N Ws # A 4 RIP', 10-1 Ar d 4 Since 1445, Galbreath products have been known for their reliable i„ performance and long service life. In addition to product quality,we're: i also committed to providing our customers with responsive servn.e and technical support to ensure their satisfaction. Our nationwide dealer and service network backs this _ commitment, assuring you that a Galbreath representative is nearby to serve your needs. �y t I g i'' ' •440 Galbreath, Inc. is committed to a , improving our quality of ldfe today and •. = . for the future by producing the best Wa%te bandlmg, recytling and inateiial handling equipment av-atlable, `+ A WASTEQUIP COMPANY WALMONI 7's egwpre ehc.dd be operalac by property trained p monrot.Qpsrslors ehwW becorde lamllar w I OSHA,ANSI and any otter apprraWs etanda do or laws to w ttg INs equipment impgwr Lee,misuse,a leek a msn>anutcs coutl puss IrHry to people an6b,property.Piolca used In the brochure are IOwnskve orNy We assum► np Ilahtllty Of fOXWngbiNty la proper tmlmn¢raperakon of eq,sannort not meoutecl.aod by Bsl MM We rasa"lhp dOM to mate chows al any Itna wItho,a nutm•Ldormaton contained Moon Inc 1 taws Is trended ta be the moat aauale available al knee of plhtnw a 2003 Qalbr•491.W. t.Na U.S.A. GALBREATH INCORPORATED Corporate Headquarters 461 E.Rosser Drive,P.O.Box 220 Winamac,IN 46996 ® Ph:574-946.6631 Fax 574-946-4579 `47 A WASTEQUIP COMPANY �2&5-066611nsideUSA) Southwest Sales Specifications Ph'81To-M- 6 "Fnx.sideU473-7657 800-297-0666(Inside USA) Highway 75 South,Route#1 Ider,AL 35981 Inside/Outside Rail 111011 Model Hoists Ph 256-657.6140 Fax`256.07.6147 800-964b47a(Inside USA) GENUINE ALL STAR PARTS 800-946A476 FAX. 574-946-4579 httpJAnvwgaIhrea#tanc corn a SWIVEL CABLE END BACQ OF CM O9 9 OBBO1M fln ANX N 7 Y � tz t/z' HOIST - al C 10 7/8" $INGIE 1PV_ _ TANDHMA;MF HOISTMODELS _=63r9b-156- U5-10-174 - tJ,W7A, UT-10.I74 IIX'-Y_d-1715= U540-182 _ 40 U540-194 4 A-Approx H m I Above Fame(5) -IV' _ 164" 165" 164' � 178' 172" IV�` 192" 179-L2" D-Cah to Hmst __3"" 6" 6' - - 6" _ G" 6" - ;_�,,, 6" 6' -Axle spread 51"-55"(q `--91aE_55" i 51"-55"(D 54"-60-(91 51"-55'(1) -`s51^�s3 "_ 51'-55"(1) � 31^z5$'TIj- D-Ramed Angle 34°,--:, 47" "47 47' 52' 47-liZ" t;;9 S7 „' 48' „48"_; E-Frame to Cnomd fit(5) .�,fi13' �"` 43"Max- 43'Ma3c _ 43"Max `.46"M_a& 4',Max 3t' 43-Max F-T"e O D to O D "`"=�-2' � 96"Max ==alb" 96'Max(6) 96"Max -'-'' 96"Max(3) G-Cab to Axle __ ; 'x;`' 174" Al i;:`, 174" �1��$,.4= ,a: 182" W 194" H-HostLength _°'? 279" - '-,Z7 -�> 279" rist s"t; 28-r 299' *Rated Capacity(2) 60,0001( L'3 atili�M�` 60,000a _ 4 60.00DN sz k _ 6(1 bOIN! ' aLai Cylinders 7s ' 6'�4-tl2"J2"DA "�1'�fl,"-�D 45-t'�LL8"DAT= ,_-_A$" 6""442"e72"DA _ ', 7 6-5"�IIJ"DAT __ aWmohCyh dta �, A F�3"c80'DA _�_lk U'.p¢L1 l"�"Z8U"UA � _T a;rfA ]"v"yea"DA 7ti^�'m"nA -�SS"iU`DX' 'CabIo-EXIWRC 6x37 _'=3 _in;- 718"Dia "D 718"Do '+Ura 718"Du w` I " 718"Dm •Rommen in ded Container Length(4) i3-a6',�-' 18�-22' "A§§7fit,' Is'-zz ec , 18'-22 s.�' 6`f.z�`;',= 201-24' 'Appro.We,ghts 7,294 Lbs 7,323Lbs 9266t1S 7355Lba 7,756Lbs Up ._28 set_- 30 Sec 38 SeQZ 33 Sec - 33 Sec 30 Sec , J3 , ;_ 41 Sec 23 AFFrac Ilotro t8'Sec- 13 Sec 7$ec„k 15 Sec ':47 Sec 13 Sec 15 S11o';i. 24 SecOperanng 7y 4• on �,�'�45ec_ - 46Sec 465.d- ''F 46Sec 46Sec ^t-^1S. isik j 513ee OR E4� �=" 37 Sec 375ec p 37 Sec 37 Sec - 75�,_" 42 Sec _ 42 Se9' (1)Using 10 00 x 20"Tires Only For 22"Tins,See'T"Measuremerit (2)Factory Tested With Recommended Container Length And Water Level Load. (3)When Used As Tandem If Pusher Axle Is Added,"F"=148"and"G"=168" (4)When Recommending Container Lengths.Weight DiMbution.Fender Interference And Overhang Are Factors (5)Frame=Top Of Truck Chassis Frame. '6)When Used As Tandem If Pusher Axle Is Added,"F"=150-12'- (7)When Used As Tandem If Pusher Axle Is Added,Axle Spread Is 108" For Use In Michigan. 'Theoretical Cycle Times Based On 20 GPM For Single Axle And 35 GPM For Tandem Axle Attachment F-1 (Limited Access Service Procedures) Limited Access for Residential Customers � 6 I i t I In the event that a residential customer resides in a place that is hazardous for com.entional Side Load vehicles to operate,the following option may be employed in order to continue providing service uninterrupted. This vehicle shall also comply with the minimum B20 requirements in the RFP Eor the specifications on this vehicle please see the charts for the Heil model F4000-13 in the below listed documentation. a Formula* 4000 PERFOR111111111,1111,11111111M SPECIFICATIONS Mid Range Rear Loader CompaCiiaa ...........................•up to M Ibs pe r yd' Hopper Size . .......I.. ..............2.66 cubic yards Packing Cycle Time ......................... 17-19 seconds" J Reload Thee.. . . ............ . ..... .. .. . 7-10 sawnds" 1 I FET Exemirl..,..... ... 13,16.18&20 yd.units twrer mile curtiwru ® 'Af h apbea'Regal Wl" . � P P W1MP Pjpa High praeautayear k1Admur Omaearl0 Pressure 2500 Psr(17,237 KPa; GPM 24 GIPMG WE Nterad9Hhld MOOR IM MIN GAWfl" USAKE CA USA6IFCT MM AF 011 flE5EFA`CIR GVWR Tt Resr rhea mm Indus mm ladles mat TbmN COWRY 24 gallons F4000-13 25 6400 17 Deal 2,438 WA F4000 i6 27 GOO 3 18,000 13,IRE ___� 'I, NIA t F111ora Raat9rn•10 mcror, F4000.18 29.500 D,D3D 2Op40 i 16 124 _q` 4152 ' Sucllor•1461ri::ror F4000 20 32 G00 9 W011 235J03 12 138 _-5 'I ,sau fVALVES F40DO.25 43.OD0 99Yi0 34A0011 FJ+A r4 Aj A54.315k 1,295 Shut-Cif eRdi t" s� z Packing cortroi Spoo type •N�u•m+��+Bnvammmr xaartnw waami wr m,aniW{NUMlemr�ml rax mxt 1J ao4T arU r rcoertarLa mPYe waNaaw�'W kr liryanllr wV10Wblpmearwka9Rm rydnaxt "actor and Tagpato+aise Spud type I MOOEi. BODY CAPACITY OVERALL LENGTH L9JB�TH OVERALL WIDTH OVERALL HEIGHT OYFAAtI XE1diT GflOSS YVgGHT 9' {Belpaa Imbed) ABOVE FRAME (TRN91R1R RiMRa1 9ne0ra: yff m1 Inties rtaa m3lee am Lxhes mm fo1l T1R 14 mm ILO Ny F40170 •3 1&0 10,55 186 _ 4,724 211 bBB d.78 E6 i81 _ 166 , 3 B�M.3- 2110 4120 F4u,1 16 _ 122d ,1 5,'05- 226 5740 957E re A; 156 aM2 9AO0 4264 F4000-18 18 13.76 217 SST2 2415 6,114 r°�� ✓!6 2,164 1S8 6D62 9,55`' _ 4.3'77 F4000-23 2O 15.29 231 5.E87 255 6,477 - -- 86 1 2,104 1 156 3962 1 9,� -4- F4000.25 25 19.11 254 8 452 287 7 2q9 9S 75 2432 sb 2 282 167 4 242 16,700 a,853 RA SSE t21 PACKING BLADE(2) SLIDE 12) EJECTION(1) 77TA"t DOUBLEACTHiG DOUBLE ACTOffi DOABLE ACTING TELESCOPIC STROKE BORE STROKE SORE STROKE STAGES BORE 5-:40KE �'P Pb - eches mm n0ma mm nema wr Irches mm IrEhen mm irrhn mm 31 7874 I 101.8 2102 15492 45 1 1143 1 26$16731 F4y00.13 1 55_ _740 F4 1,645 ° MMT 6 5 165 9612 2,441 HOPPED LOWSILL NOW HOPPER Ail th CYCLETIMESECNIDS 65 1r r, 110�2 2 797 mom CAPACITY BELOW OIWSMS LOADING OPENING "ti,laW roBan i F-40 00 4 8.5 'CS Y24 3,277 FRAME HEIGHT -.._ - _ _ we- I m' auhea mm ladles RRII inches mm Cafell�a Ralme f 4DOII IM-0 2 66 2 04 0 D 80 2,tb92 46 1.168 17-19 7 10 F400C 25 265 1 E04 1 2 1 51 1 63 1 2,0321 46 1 1,168 17-19 7.10 FOOt4TACr YOUR LOMDEALER Qw� THE WHEELS ARE ALWAYa TuRNIN$ awrlarr L m 1 SO 9001 C9NTIIF1BD s t Attachment I City Approved Community Events List Attachment I City Approved Events List 1. Fourth of July Splash 15,000 - 20,000 participants 2. Christmas Rush Fun Run 1,800 participants 3. Cornucopia Days Fun Run 600 participants 4. To be Determined as Mutually Agreed upon by the City and Contractor Attachment J Implementation Plan Attachment J Implementation Plan Garbage, Recycling, Yard and Food Waste Collection and Disposal Marketing Contract City of Kent & Allied Waste Services ` 0 • KENT W w 5 ii "a I ON ALLIED WAff I SEAM CIS { r 'icewT �'9t � lhtiMiS�l �� 4k Ka'"M N T This Implementation Plan outlines the process from contract signing to the start date of the contract,except for the educational program which will extend beyond the commencement date of the contract. This Implementation Plan has been developed by Allied Waste(Allied) and the City of Kent(City) to implement new services to commercial,multi-family and residential customers in the City The steps identified herein represent the major milestones of the process as well as the expected dates of completion. Allied and the City will work collaboratively to implement this plan through regularly scheduled coordination meetings,email,and by telephone as may be required. 1. CNG Fuel Enhancements • Re-Fueling Station Allied is collaborating with Clean Energy to establish a CNG fueling station at its Kent facility.A pump station will be designed with card swipe access so that when/if the City acquires CNG vehicles, the facility will be available for City use Allied trucks will fuel over night via a slow-fill process, which means that during the day the pumps will be fully available for City use. Personnel involved in this effort include: ■ Chris Iladvag,Chris Guimond(GM),Michael Stokes(Mamt.Mgr)- Allied ■ Chris Butler,Dave Postuma-Clean Energy (Project Schedule Task Description Start Date End Date Station Equipment Design 15-Apr-10 01-Iui-10 Fro ect heeds Assessment Pelmitlm 15-Apr-10 01-Lu1-10 Equipment Production 01 jul-10 01-Oct-10 Site lmprovements 01-u1-10 01-Nov-10 E ui ment Installatlon 01-Oct-10 30-Nov-10 E ul mentTestin and,rraimn 01-Nov-10 15-Nov-10 Facdi Ful!y Operational 15 Mar Ll Attachment i-Implementation Plan Page 1 If construction or other Issues arise during the installation of the CNG station that results in a delay beyond the April 1,2011 start date,the Allied fleet will utilize the filling station located at the Seattle Tacoma Airport 19425 28th Avenue South, Seatac, WA • Collection Vehicle Delivery Allied will purchase new collection vehicles that utilize CNG fuel. Each slow-fill station will be equipped with a breakaway hose fixture. Personnel involved in this effort include. ■ Chris Gulmond (GM), Michael Stokes (Maint. Mgr), Todd Richardson (Cps Mgr) Allied Project Schedule Task Descri lion Start Date Delivery Date CNG Truck Order First Wave 01-A r-10 01-Nov-10 CNG Truck Order Second Wave 15-Se -10 15-Mar-11 2. Driver Hiring and Training Driver hiring will be accomplished through a negotiated process with the Teamsters Union which includes a lob fair In order to enter into this Contract with a knowledgeable driver workforce, displaced workers may be selected to fill open positions whenever practical Displaced workers shall have a 90 day probationary trial to determine permanent hiring status. Written documentation will be provided by Allied to the City to substantiate compliance of displaced workers per section 6.13 of the Contract If drivers are not displaced as a result of Allied being selected for this Contract, Allied shall provide documentation to the City stating such Personnel involved in driver hiring include. ■ Todd Richardson(Ops Mgr),Bryan Fenster(Training Mgr), Noelle Spataro (HR Mgr) -Allied ■ Teamster's Local Union Business Agent:Ken Marshall, Project Schedule-Driver Hiring Segment Task Description Start Date End Date Coordination with the Union: 01-Sep-10 15-Sep-10 Develop lob Fair and Hiring Process Conduct Informational job Fairs 15-Sep-10 15-Oct-10 for Displaced Drivers Extend/Finalize Job Offers to 01-Nov-10 15-Nov-10 Displaced Workers Bargaining Unit Coordination 01-Dec-10 15-Dec-10 Recruit Additional Drivers(if necessary) Attachment J-Implementation Plan Page 2 Driver training will be conducted in modules,as indicated below.Allied will continue to communicate and coordinate with the Teamsters throughout this process Personnel involved in the driver training process include. ■ Todd Richardson (Ops Mgr), Bryan Fenster (Training Mgr), Tracy McConnell (Admin Asst.),Zach Spengler(Dist Safety Rep.) -Allied Module training topics are indicated under Task Description,in the table below Project Schedule-Driver Training Segment TaskDescri tion Start Date End Date Notification,All Drivers 02-jan-11 Update and Tentative Training Schedule ll Driver Training Program O1-Feb-Feb 15-Feb-11 Development Driver Training Module 1 Saturday, Pre-employment orientation Mid-February Driver Training Module 2 Saturday, Company Policy and Procedure Mid-March Environmental Stewardship General Safety Driver Training Module 3 Saturday, Equipment Training Late March Route Assi nments Driver Training Module 4 Saturday Daily Operating Procedures Late March First Da Check-In Procedure 3. Customer Service Hiring and Training All Customer Service Representatives (CSRs) will receive quality-based performance reviews and ongoing training in the most advanced customer service techniques as indicated in the Operations Plan Allied will utilize its forecasting tools to anticipate the number of additional temporary and full-time permanent CSRs necessary to provide excellent customer service. Allied is planning on hiring 2 additional CSR's and will evaluate the customer service staffing level and make changes as needed. These CSRs will receive the two-week training as indicated in the project schedule The personnel responsible for this task include. ■ C/S Mgr, (TBD),Noelle Spataro (HR Mgr),Tracy McConnell (Adm Assist.),Jody Reid (Div.Cont.), Debbie Guttierez (Office Mgr),Todd Richardson (Ops Mgr), Paul Dionne (Route Supr.) -Allied Project Schedule-Customer Service Training Attachment J-Implementation Plan Page 3 Task Description Start Date End Date Recruit for New CSR Positions 02-Jan-11 15-lan-11 Extend Finalize lob Offers to CSRs 01-Feb-11 CSR Training Module 1 Week 1 - Orientation February 2011 CSR Training Module 2 Week 1 - Operations Orientation February 2011 CSR Training Module 3 Week 2 - In oProIntensive FebruarV 2011 CSR Training Module 4 Week 2 Daily Procedures February 2011 First Day Check-In Procedures 4. Systems Development- Customer Database Allied will build out its customer database with new commercial account information from the outgoing contractor as well as with updated information from the commercial recycling audits to be performed. Changes driven by residential public outreach efforts and/or reaction to the new program rates will be updated as the customers contact Allied.The personnel responsible for this task include: ■ TBN (C/S Mgr), Jody Reid (Div Cont), Debbie Guttierez (Office Mgr,), Paul Dionne, (Route Supr.),and TBN (Recycle Coordinator) -Allied Project Schedule-Systems Develo ment Database U dates Task Description Start Date End Date Receive Outgoing Contractor 15-May-10 Complete Commercial Database Upload Outgoing contractor 01-Sep-10 01-Nov-10 Commercial Database Update database as new data 01-Feb-11 20-Mar-11 comes in from audits and mailings Validation of database accounts in test mode Database finalized 20-Mar-11 S. Systems Development- Routing/Mapping Allied will build efficient commercial routes once the additional customers are added to the database Optimized Routing is created based upon the approach described in its Proposal Residential routes shall be created in the average size and structure described in the Proposal As Allied Waste already services all residential customers in the City, routing is essentially already complete Route territory maps will be developed by the contractor of the new/updated routes deployed within the City Information received from Waste Management on commercial accounts will be rigorously examined and combined with existing Allied Waste accounts to optimize the efficiency of the commercial routes. This review will take place prior to the planning of the new route structure Attachment J-Implementation Plan Page 4 The personnel responsible for this task include: ■ TBN (C/S Mgr), Paul Dionne (Route Supr.),Todd Richardson(Ops Mgr.), Allied Project Schedule-Systems Development/Routing and Mapping Task Description Start Date End Date Obtain account information from 15-May-10 15-May-10 Waste Management on transferrable customers and service levels Site visitation for WM transferred 01-Jun-10 30-Aug-10 accounts to verify accuracy of WM data&appropriate service level Create new routes based on 01-Dec-10 31-Dec-10 comprehensive commercial account information including input of new accounts into InfoPro Route Validation and adjustments 01-Apr-10 30-Apr-10 6. Recycling Coordinator - Hiring and Training Allied will hire a Recycling Coordinator while the initial commercial audit and outreach are being completed by Allied's subcontractor. This position will also ensure the expedient flow of Information from Allied's field auditors into Allied's database,and will also ensure the timeliness and accuracy of container delivery Personnel responsible for this task include: ■ Chris Guimond(GM), Noelle Spataro (HR Mgr) -Allied ■ Commercial Recycling Technical Assistance Subcontractor(CRTAS)(Section 7) Project Schedule-Recycling Coordinator Hiring and Training Task-Description Start Date End Date Recruit,hire,and train recycling 30 Aug 10 30-Sep-10 coordinator with the assistance of the Commercial Recycling Technical Assistance subcontractor 7. Commercial Recycling Technical Assistance Allied will utilize a subcontractor to train Allied commercial auditors to expand commercial recycling substantially during the 90-day audit period prior to the operations start date. Allied will conduct an RFQ process for selecting a final subcontractor for this work Allied's commercial database will be refined as updates fAttachment J-Implementation Plan Page 5 come in as a result of audits. Allied will provide the City with weekly updates via e-mail, during the 90-day period. Biweekly updates will include the following information to be discussed/decided by the City and Allied prior to the 90-day audit period The specific approach, corresponding collateral materials and messaging, and commercial recycling incentive program development will occur during the timeframe indicated in the chart below. Topics relating to the specific approach include,at a minimum• ■ Design of audit form and procedures ■ Customer contact protocol ■ Assignment of audit team roles and specific daily and weekly goals ■ Logistics training o Verifying existing container size and service frequencies against existing account data o Conducting efficient waste audits o Determining achievable results and designing recycling programs based on audit and customer needs o Service agreement process o Account documentation process o Customer service follow up process o Container delivery coordination o Quality control/customer satisfaction measures Outreach materials to include,at a minimum: ■ Commercial Recycling Program Guidelines ■ A flyer or brochure tailored to the following key business types: o Restaurants and Bars • Commercial kitchen oil & grease recycling vendor information will be added to outreach materials. o Business Offices/Business Parks o Retail o Manufacturing/Heavy Industrial ■ General resource information on topics such as: o Green building o Buy recycled procurement policies and resources o Tips for greening your business ■ Website Content Personnel responsible for this task include: ■ Alfred Gallegos,Chris Guimond,Corporate Procurement-Allied • Recycling Coordinator ■ Nicole Rinauro,Consultant ■ Commercial Recycling Technical Assistance Subcontractor(CRTAS) *Information will be provided as an FYI,the contractor realizes that commercial recycling is not a required service of the contract and is subject to a competitive open market. Project Schedule-Commercial Recycling Technical Assistance Attachment J-Implementation Plan Page 6 Task Descn lion Start Date End Date Finalize RFQ for CRTAS 01-Ma -10 31-Ma -10 Hire CRTAS 15-Au -10 Assist with the recruiting,hiring, 30-Aug-10 30-Sept-10 and training of the Recycling Coordinator CRTAS to assist with the 01-Sept-10 15-Oct-10 development of audit approach and materials resources needed Development and provide 01-Sept-10 15-Oct-10 assistance of commercial outreach materials and website content Provided proposed materials and 16-Oct-10 31 Oct-10 website content(Material to be in color and pdf format)to City for review Outreach material printing and 01-Nov-10 15-tan-11 website content upload Commercial Site Visits Recycling 15-Jan-11 30-Mar-11 Campaign Performed by Allied's internal audit team. Recycling Coordinator Site Visits, 01-April-11 Ongoing Follow-Up,Customer Training 8. Public Education and Outreach This information pertains to the implementation period only Allied will inform residents about their new waste collection program and provide information to select appropriate service levels for garbage, recycling and yard and food waste as appropriate This will be done through a variety of media including. printed collateral materials that will be direct-mailed, print advertising (e g Kent Reporter), press releases, and Allied's local website Direct mail and container delivery information will indicate collection days. Residential initial outreach will inform customers about the process for delivery of containers, as applicable. All containers will he delivered with how-to information, which will cover set-out and exchange procedures These tasks require a high level of coordination with the City The City will authorize all printed and web based materials prior to production,distribution or on-line publication All Multi family dwellings will have onsite workshops during the 90-day audit period, and will receive program guidelines that contain the same information provided to single-family customers but with graphics that show set-outs with the variety of containers that are available to them. During the 90-day period recycling tote bags will also be delivered to each multi family unit. Program designs will be presented to the City for approval prior to initiation. Contractor Collateral Materials Allied will produce the following printed information,or website information to educate customers of new program information,including. ■ Postcard Announcement(single-family only) Attachment J-Implementation Plan Page 7 1) Full color direct-mail postcard announcement to indicate start date of new program, new program highlights,and date of Level of Service Confirmation Mailing(below) ■ Level of Service Confirmation Letter(single-family only) 2) Full color direct mail flyer panted on cardstock will help customers right size their service This will be accomplished through a series of questions relative to family size, lot size, and the number of times per week a household eats meals in. A postage-paid response card will indicate their current level of service and allow customers to change container sizes. Customers will be encouraged to receive paperless billing and communications and will be asked to check a box to enable this option The default level of service for customers who do not respond will be their existing level of service, and will also receive the default size organics cart if they do not currently subscribe to green waste services. This will be fully explained in the mailer The mailer will indicate the distribution date for program information(below) ■ Residential Program Guidelines(two sets single-and multi-family) 3) Program guidelines will include information on the three-cart system (what goes where), container set-out procedures, auxiliary programs offered such as holiday and special collection information,and Allied contact information, and understanding your bill guides Also included in this mailing will be information about container and kitchen pail distribution dates and procedures Residential program guidelines will be graphics rich accompanied by simple, easy to follow text with color pictures ■ Container Labels 4) Each cart will have a self-adhesive label attached to it that reiterates program do's and don'ts for that particular waste stream, and reiterate set out procedures Each label will be in color with pictures, have a pro- recycling message and will list the benefits of recycling Kitchen pails will be delivered with a brochure that includes detailed how-to information about how to maximize use of the organics program and program benefits.Tips for household management of organics will be included also. ■ Print Advertising 5) Print advertising will be timed to match release of the residential program guidelines and commencement of container distribution date Information will be clear, concise, and will provide contact information Customers will be encouraged to log on to Allied's website and sign on for paperless communications. All community advertizing will be approved by the city prior to being sent for publishing to any outside advertiser such as Kent Reporter, Chamber of Commerce,Kent Rotary, Kent Lions, etc. ■ Website Content Website content will mirror the print material. All program material will be available on the website for customer download and use. Allied will also continue to reach out to the community as it has done in the past There will be a good faith effort to support the community by negotiating services for events such as Kent Cornucopia Days The Recycling Coordinator and the City will be responsible for defining the most beneficial events to further diversion goals in the community The City shall be provided with a comprehensive list of events the Attachment J- Implementation Plan Page 8 i 1 contractor has participated in during both implementation and during the contract term Educational Events • Spring Recycling Event • Ram Barrel and Compost Bin Sale • Fall Recycling Event • Kent Cornucopia Days • Water Festival • Fourth of July Splash • Kent For Health • Kent Station Events (3) • Christmas Rush Fun Run • Kent Saturday Market(2) • Kent Neighborhood Council Events(5) • Thunderbird Hockey Event • Education Event at Senior Center The personnel responsible for this task include: ■ C/S Mgr(TBD),Don Frey,Muni Mgr,Recycling Coord (TBD)-Allied Project Schedule-Public Education and Outreach/General and Residential Task Description Start Date End Date Pre-Planning and Development: 1-Sept-10 15-Oct-10 Initial Outreach Materials/Residential. Postcard Announcement and Level of Service Confirmation Letter,Program Guidelines,First Quarter Billing Inserts, Corrective Action Notices(updated for new program),Container Labels,Websrte Content,Print Advertising Send materials to the City for approval in full 16-Oct-10 31-Oct-10 color pdf format Websrte Updates Go Live 01-Nov-10 15-Dec-10 Develop advertizing schedule for new 15-Nov-10 residential program #5 Mail Announcement Postcards(#i) 02-Jan-11 10-Jan-11 Mail Level of Confirmation Service Letter 15-Jan-11 25-Jan-11 with response card #2 Update Residential customer accounts based 25-Jan-11 02-213-11 upon returned response cards Level of service confirmation letter sent to 01-Mar-11 30-Mar-11 customer and program guidelines #3 9. Cart Delivery- Residential Residential carts will be delivered as requests are received Delivery drivers, or an Allied subcontractor (with strict oversight by Allied management), will deliver fully labeled requested or default-size carts with program guidelines. Allied will notify the City of estimated delivery period for specific routes prior to the commencement of delivery activities, indicated below Carts will be delivered to the customer's curb on Attachment J-Implementation Plan Page 9 their regularly scheduled collection day In the unlikely event a delivery attempt was unsuccessful delivery personnel will note those addresses along with an explanation, such as: ■ Incorrect or Incomplete Address ■ Customer Refusal • No Safe Location Recorded notes will be routed by the database to the appropriate staff member to resolve the issue For example, customer service may call the customer for a correction to the address; or a supervisor may route the delivery lift to a support vehicle that is more appropriate to complete the work order Allied will follow-up with any issues to ensure all customers are delivered carts prior to the beginning of the contract All new carts will follow the color scheme required in the contract (garbage = gray, recycle = blue, organics/yard debris = green) During the delivery process of the new carts/containers, each site will be visited and carts will be made to fit the new City-wide color scheme (gray/blue/green) New containers will be labeled with City approved decals that have the address plainly marked on them. Carts found on the customers' sites that already fit the specifications of the contract will have the appropriate label added Allied will provide delivery status updates to the City on a biweekly basis,including the percentage of customers that have had carts delivered Personnel responsible for oversight of this project include ■ Chris Guimond,Todd Richardson, Paul Dionne-Allied Project Schedule Task Description Start Date End Date Place order for all carts needed 15-Nov-10 15-Nov-10 Reserve Temporary container yard 15-Nov-10 15-Nov-10 Cart Delivery from vendor to Allied for all 01-Jan-11 31-jan-11 service or cart changes Cart delivery to customers based upon 02-Feb-11 01-Apr-11 response card from customer #4 Cart delivery to customers who did not 01-Mar-11 01-Apr-11 return response cards at default service levels 10. Container/Cart Delivery- Commercial New commercial containers/carts for those customers transitioning from the outgoing contractor to Allied will be delivered by Allied container delivery trucks and flat bed trucks as necessary for timely delivery Refurbishment of existing containers will be done during the same time period All containers will be fully labeled upon delivery. Existing Allied Waste containers will be labeled by route drivers and or support vehicles before the contract start date. Attachment J—Implementation Plan Page 10 i Containers will be painted according to the requirements of the contract (garbage = gray, recycle = blue) Allied will purchase any additional containers needed for the contract. Commercial customers who choose to use carts rather than containers Will receive their cart and will be tracked in a similar manner to the residential customers identified in Section 9 Allied may choose to include commercial cart customers in the residential process. However, for tracking purposes,Allied shall identify all commercial customers who elect to use carts at the beginning of the contract and provide that information the City of Kent. Container/Cart Inventories Allied will base initial container/cart orders on the outgoing contractor's database, Allied's existing inventory, and projected migrations of service levels based on anticipated site audit results and increased recycling Trending will be tracked as initial audit results come in, and container/cart orders updated as appropriate Allied will maintain a sufficient inventory of containers of every size required by the contract Bin Labeling Allied container maintenance personnel will: ■ Ensure each container is marked with an address with a grease pen or identified with a serial number and tied to the Company's database. Serial numbers will denote container size ■ Apply a label with Allied's phone number on each container. ■ Apply City-approved education materials for each type of container (garbage/recycling). Container/Cart Refurbishing Existing Allied containers will be exchanged with refurbished containers during the delivery period indicated. Containers/carts purchased by Allied Waste from those currently being used by the outgoing contractor in the City shall be brought to Allied's facility to be inspected, refurbished, and painted, prior to being placed back into circulation. Contamers/carts abandoned by the outgoing contractor shall be collected by Allied Waste and either recycled or re-used An offsite container yard will be used during the implementation period that is also located in the City Customers will receive commercial program guidelines with the delivery of each container/cart, and will have already received program information during the 90-day audit period as indicated in Section 7 Personnel responsible for this project include. ■ Chris Guimond,Todd Richardson,Paul Dionne, Mike Stokes-Allied Project Schedule Task Description Start Date End Date Place order for all carts needed _VS-Nov-10 15-Nov-10 Reserve Temporary container yard 15-Nov- 00 15-Nov-10 Cart delivery to customers #4 01-Feb-11 31-Mar-11 Deliver/refurbish all containers per the 15-Feb-11 01-Oct-11 contract guidelines Attachment J- Implementation Plan Page 11 11. Public Education and Outreach - Commercial Outreach efforts for commercial customers include on-site waste audits and recycling opportunity assessments, and personal outreach During the on-site audits, service summaries and agreements will be generated to confirm new service levels. Allied's commercial recycling technical assistance subcontractor will assist Allied and the City in developing effective outreach materials as indicated in Section 7, to be provided at the same time the audits are completed. Initial outreach will inform customers about the process for delivery of containers as applicable, and Allied's Recycling Coordinator will be charged with ensuring accurate container deliveries and also for communicating service days in writing to the customer in a form letter to be approved by the City All containers will be delivered with how-to information as indicated below. These tasks require a high level of coordination with the City The City will authorize all printed materials prior to production and distribution The personnel responsible for this task include. ■ C/S Mgr(TBD), Muni.Mgr.,Don Frey-Allied ■ Recycling Coordinator,TBD -Allied ■ Commercial Recycling Technical Assistance Subcontractor-TBD Project Schedule-Public Education and Outreach-Commercial Send materials to the City for approval in 16-Oct-10 31-Oct-10 full color pdf format Commercial New Program 01-Dec-10 31-Dec-10 Announcement and Program Information tailored to businesstype) Commercial Level of Service 01-Feb-11 31-Mar-11 Confirmation Letters Mailed Program delivery information is contained in Section 7 above All customers will receive personal contact,the opportunity for an on-site recycling assessment and recommendations,and will be encouraged to maximize recycling options As indicated in Section 7,auditors will have undergone logistical training to assist customers in accomplishing optimal waste reduction within their specific work environments. Auditors will provide customers with information on Allied's commercial recycling incentive program Allied's Recycling Coordinator will follow up with customers to ensure satisfaction with container delivery, program information,and inquire as to their need or desire for employee training.. 12. Development of the Operations Plan During the implementation phase,Allied and the City will develop an Operations Plan to describe procedures for waste collection for garbage,recycling and yard and food waste. The Operations Plan will also,at a minimum,describe customer service,vehicle maintenance,dispute resolution, community outreach and all other aspects identified in the contract. As the Implementation Plan is enacted,specific issues related to the Operations Plan will be identified and described for the term of the Contract As technology or efficiency changes,the City and Allied may mutually agree to amend the Operations Plan The Operations Plan will be developed beginning May 1, 2010 and will be completed by March 1,2011 Attachment J-Implementation Plan Page 12 13. Go live Collection During First Week Sufficient staffing and collection vehicles will be available in order to route any i customers who will have gone longer than 7 days, or longer than one cycle since their last pick up under the old contract These temporary routes will be present through the first two weeks of the new contract as needed. Allied will start offering organic material collection with yardwaste to current subscription customers which will be collected by contractor residentially through the end of the current contract to help with the ease of transition Customer Service First Week The Contractor will increase staffing during the period leading up to the date of implementation and will maintain staffing levels as long as is necessary to perform in accordance to the contract standards A member of contractor staff maybe provided to the City to handle increased call volumes from residents and businesses. Personnel responsible for this project include: ■ Chris Guimond,Todd Richardson, Paul Dionne,Mike Stokes-Allied Extra collections for customers 01-Apr-11 15-Apr-11 (or beyond 7 days since last collection as needed) Additional staffing for customer 14-Mar-11 30-Apr-11 (or service as needed) 14. Implementati on Plan Timeline 04/01/10 CNG Truck order placed(First Wave) 04/15/10 CNG Station Equipment Design &Project Needs Assessment 04/15/10 CNG Station permitting Process begins 05/01/10 Finalize RFQ for CRTAS 05/15/10 Receive WM Commercial customer listing w/service level 06/01/10 Begin site visits of commercial accounts for service level evaluation 07/01/10 CNG Station Equipment Production begins 07/01/10 CNG Station Site Improvements begin 08/15/10 Hire CRTAS 08/30/10 Recruit,hue&train Recycling Coordinator with assistance from CRTAS 09/01/10 Upload WM Customers into data base with existing service levels 09/01/10 Develop Job Fair and Hiring process for additional drivers 09/01/10 Develop Commercial audit approach and materials 09/01/10 Develop Commercial outreach materials&website content 09/01/10 Develop Residential outreach materials,website content and print advertizing 09/15/10 Conduct formal Job Fairs 09/15/10 CNG Truck order placed(Second Wave) 10/01/10 CNG Station Equipment Installation begins 10/16/10 Provide proposed outreach materials and website content to city for approval 10/31/10 City approval of all outreach materials and website content Attachment J -Implementation Plan Page 13 11/01/10 Outreach printing begins/Website content upload begins 11/01/10 Extend/Finalize Job Offers for drivers 11/01/10 CNG Station Equipment Testing and Training begins 11/15/10 Develop advertizing timeline for new residential program 11/15/10 Place Residential cart order with vendor(s) 11/15/10 Reserve temporary container yard 12/01/10 Begin process of creating new commercial route structure 12/01/10 Bargaining Unit Coordination 12/01/10 Recruit Additional Drivers if Necessary 12/01/10 Commercial New Program Announcement Mailed 01/02/11 Mail Residential announcement postcards 01/02/11 Notification Update and Tentative Training Schedule for Drivers 01/02/11 Recruit for new CSR Positions 01/15/11 Commercial site visits begin 01/15/11 Mail residential levels of service confirmation letter with response card 01/25/11 Update residential accounts based upon return response cards 02/01/11 Update Database with service level changes from previous WM customers 02/01/11 Validation of database in test mode 02/01/11 Begin delivery of new carts for residential customers base on response cards 02/01/11 Driver Training Program Development 02/01/11 CSR Training Module(s)1&2(First Week February) 02/01/11 Extend/Finalize Job Offers for CSR's 02/01/11 Commercial Levels of Service confirmation letters mailed 02/07/11 CSR Training Module(s)3&4(Second Week February) 02/15/11 Driver Training Module 1(Saturday mid February) 02/15/11 Commercial Container Delivery Begins 03/01/11 Residential letters sent to customer to confirm level of service 03/01/11 Begin delivery of new carts for customer who did not respond to service level at default service levels 03/15/11 CNG Station Fully Operational 03/15/11 Driver Training Module 2(Saturday mid March) 03/30/11 Driver Training Module(s)3&4(Saturday late March) 04/01/11 Recycle Coordinator follow up site visits begin 04/01/11 Route validation and adjustments as contract begins Attachment J—Implementation Plan Page 14 Attachment K Operations Plan SOLID WASTE CONTRACTS OPERATIONS PLAN City of Kent & Allied Waste Services (Version 7/8/2 010) CONTENTS Introduction.... ......... ... . . . .4 1 Residential Collection 4 1.1 Garbage Collection 4 12 Recycle Collection. 4 13 Organics Collection . . .......4 14 Motor/Kitchen Oil Collection 5 15 CFL/Fluorescent Light Bulb Collection .. 5 16 Fuel for Collection Vehicles .... ....... 5 1.7 Limited Access Collection 5 1.8 Container Placement for Collection Service 6 1.9 Additional Waste(Extras) . . 6 1.10 Missing Carts on Service Day(Not Out) 6 111 Contaminated Waste .................. 6 1.12 Delinquent Accounts 7 113 Paid Special Collections(Special Pick Ups/Bulky Items) .. .7 114 Driver Services Management(DSM) ... .7 115 Semi Annual Clean Up Events 7 1 16 Collection Location Change-Customer Generated. . . .8 117 Collection Location/ Routing Changes -Contractor Generated . 8 Created on 5/19/2010 10-50 00 AM 2 Commercial&Multi-Family Collection 9 2.1 Front Load Garbage Collection . ... ... .9 22 Recycling Coordinator ..... . .............. ........ 9 2.3 Fuel for Collection Vehicles . . ... . ... ...... 9 2.4 Limited Access Collection 10 25 Container Placement for Collection Service (Blocked/Roll Out) 10 2.6 Garbage Not In Company Container (Extras) ..... . . 10 2.7 Missing Containers on Service Day(Not Out/ Locked Gates) . 10 28 Driver Services Management(DSM) . . . 11 2.9 Paid Special Collections (Special Pick Ups/Bulky Items) 11 210 Collection Location Change-Customer Generated 11 2.11 Collection Location/Routing Changes-Contractor Generated 11 3 Roll-Off Collection ..... . .. ... ........ . . . 12 3.1 Roll-Off Garbage Collection . 12 32 Fuel for Collection Vehicles . ..................... ............. . 12 3.3 Container Placement for Collection Service . . ........ 12 3.4 Garbage Not In Company Container 13 3.5 Missing Containers on Service Day .. .. . . ..... ...... 13 3.6 Driver Services Management(DSM) 13 3.7 Collection Location Change-Customer Generated ......... 13 3.8 Collection Location Change-Contractor ..... . 13 4 Containers and Other Services 14 41 Container Delivery 14 42 DeliveryTimelme Expectations. . .. 14 4.3 Special Events Where Containers are Needed ............. .. 15 44 Container Condition/ Replacement Protocol ......I....... 15 45 Recycling of Retired Containers .. .. . . ... ..... . . . . 16 46 Post Consumer Product Content Standards for Containers 16 4.7 Street Sweeping 16 48 Enclosure Cleaning Services . 16 4.9 Compressed Natural Gas (CNG) Fueling Station . 16 5 Vehicle Maintenance 17 6 In climate Weather/Disaster Relief/Etc ...... .. . .. . .. ... .............. 17 6.1 Weather Related 17 6.2 Construction Related . ........ . . .... 17 63 Natural Disaster(Flood or Excessive Weather) .. . .... . .. 18 7 Customer Service and Account Data.... ... ... . 19 71 Customer Data File Specifications.. ...... . 19 7.2 Priority Service Orders 19 73 Exceptions&Service Order Responses 19 74 Service Changes and New Accounts................. ..... .. 20 75 Billing Protocols 20 Ope#*ion*P*o--Draft 5 10 10 7.6 Delinquent Accounts ... . . . .. . . .... .21 8 Customer Dispute/ Issue Resolution 22 81 Photo Documentation . , ..... 22 82 Illegal Dumping Solutions Commercial 23 8.3 Illegal Dumping Solutions Roll Off ..23 9 Community Ongoing Outreach .. .. .. 24 91 Allied Waste's Continuing Commitment .24 10 City Reporting . 25 Operations Plan—Draft 5 1010 Allied Waste shall provide the services contained in this document to the residents and businesses of the City of Kent The City of Kent or Allied Waste may amend this plan only if by mutual consent of both parties An example of an amendment may be in operating a pilot program for some alternative service level or delivery method 1 Residential Collection 1.1 Garbage Collection • Contractor will collect garbage weekly at curbside. Additional garbage (extras)above customers'established service level will be billed in 32 gallon increments. • Garbage must be placed in contractor owned carts._Service options will include the following _ sizes. 13 Gallon, 20 Gallon, 32 Gallon,45 Gallon,64 Gallon,or 96 Gallon carts • Trucks with automated arms for collection will be deployed that utilize CNG fuel and are able to comply with State and Local regulations • Garbage carts will be gray. 1.2 Recycle Collection -•- • Contractor will collect recycle every other week at curbside Included in the customers'base rate are reasonable unlimited recycled material collections at no extra charge. • Recyclable materials are to be placed in contractor owned darts Service options will include the following sizes. 32 Gallon,64 Gallon,96 Gallon container sizes • Trucks with automated arms for collection will be deployed that utilize CNG fuel and are able to comply with State and Local regulations • Recycle carts will be blue 1.3 Organics Collection • Contractor will collect organics every other week at curbside. Included in the customers'base rate are 96 gallons of organics/yard debris service at no extra charge • Organic materials are to be placed in contractor owned carts. Additional yard debris may be collected in bundles,bags,or customer owned cans Food waste must be collected in contractor owned carts Organic materials in excess of the 96 gallon level(extras)will be billed in 32 gallon increments Service options will include the following sizes 13 Gallon,32 Gallon,64 Gallon,96 Gallon container sizes. • Trucks with automated arms for collection will be deployed that utilize CNG fuel and are able to comply with State and Local regulations Operations Plan—Draft 5 10 10 4 • Organic carts will be green. 1.4 Motor,(Kitchen Oil Collection • Motor and Kitchen oil will be collected at curbside by placing a screw top container of approximately 1 gallon increments near the cart on collection day(limit 5 gallons per pick up). • Collection vehicles will be outfitted with containment units built to safely transport the oil without contamination. 1.5 ULJFIuorescent Light Bulb Collection • Customers will request the City approved bags for CFL bulb collection from Allied Waste Customer Service Allied Waste will mail the bag(s)to the customer within 48 business hours of the customer's request. CFL Bulbs,sealed in approved bags,will be collected at curbside on the regular collection days. • Collection vehicles will be outfitted with containment units built to safely transport the bulbs without contamination • Collection of larger fluorescent bulbs must be arranged by the customer by calling Allied Waste. • Collection vehicles will be outfitted with containment units built to safely transport the bulbs without contamination 1.6 Fuel for Collection Vehicles • Collection vehicles will utilize CNG for fuel. • Support vehicles will utilize,at a minimum,B20 Diesel. • Back up vehicles if not CNG will utilize,at a minimum,B20 Diesel. 1.7 Limited Access Collection • Limited access areas (alleys,narrow roads,etc)will be serviced by the contractor The contractor may utilize a smaller collection vehicle or support vehicle to facilitate collection in these areas. • The collection of each waste steam will be kept separate and dumped out at the appropriate transfer station or dump. • These vehicles will comply with Diesel B20 requisites. Operations Plan—Draft 5 10 10 5 1.8 Container Placement for Collection Service • Carts are to be placed at the curbside by 7AM scheduled on collection days no more than S feet from the road Contractor will work with customers(elderly, disabled,etc)needing additional service to facilitate appropriate cart placement • Access to the cart shall not be impeded by cars,or other obstructions on collection day. 1.9 Additional Waste(Extras) • Garbage extras will be billed if the cart is overfilled and the lid is open 6"or more • Included in the customers'base rate are reasonable unlimited recycled material collections at no extra charge. • Organics/Yard Debris extras will be billed above the included 96 gallon capacity included in the base rate in 32 gallon increments. • A customer on"no extras status"that have an overfilled cart,or extra lifts outside the cart,will have their cart tagged,recorded in book,and left uncollected unless they have made prior arrangements through customer service to collect it Any uncollected additional lifts may be picked up by paid return trip should the customer request it on any other day besides their normal collection day Otherwise they will have to give permission to collect the extras on the next pick up cycle. • Residential extras are recorded by the driver into their route book. Once the route books are turned in to DSM the items are keyed into the database that same day The database will then charge the customer according to the rates set up on the account An invoice informing customers that there were extras charged to their account is sent out automatically on a monthly basis. 1.10 Missing Carts on Service Day_(Not Ono • Customer carts must be out for collection when the driver is there on collection day. Carts that are not out,for whatever reason,will be recorded as"not out"by the driver in their route book. Route books are turned into DSM and then the item is keyed into the database Cans not out are still subject to the normal service fee per month as a regular collection. 1.11 Contaminated Waste • Waste streams must be segregated in to the appropriate waste stream container or collection maybe refused For example,yard debris is not allowed in the garbage waste stream Food debris is not allowed in the recycle waste stream • Containers with contaminated waste streams will be tagged noting the contamination issue A route book note will also be recorded by the driver The note will be keyed into the database by DSM and then customer service will call the customer to explain the issue and how to resolve the situation Customers may choose to offload the contaminated debris and request a onetime courtesy pickup to complete the collection If the customer has used the courtesy return trip then any further instances shall be paid return trips Operations Plan—Draft 5 10 10 6 1.12 Delinquent Accounts • Non-paying customers shall not receive collection services Each route book prints out on the cover sheets all of the suspended and closed accounts for the day These items are also removed from the route books and are not collected by the driver. Customers that call in and pay before noon on their normal service day can expect that the driver will be sent back the same day to collect If the customer pays after noon then the collection will occur the next day for a fee or the next collection day. 1.13 Paid Special Collections(Special Pick Ups/Bulky Items) • Customers may request a special pickup for a fee during normal collection days and hours. Special pick ups are acted on within the next business day or on the requested date • Customers may request a bulky item pickup for a fee during normal collection days and hours. Bulky item pick ups must be set out on private property and accessible for collection. 1.14 Driver Services Management(DSM) • Driver paperwork is turned in to the DSM agent at the end of every route day and includes all activity recorded for the day(i a carts not out, extras,blocked carts,etc) • DSM agent(s)translate the notations from the route books into the database that same day Once in the database all Allied Departments have visibility over the activities of the routes. • Open issues are then routed through the database to the appropriate staff to resolve. Open issues are monitored by management to ensure timely resolution 1.15 Semi Annual Clean Up Events • An annual Fall and Spring Clean-up program will be provided to residential customers On a day agreed upon by the City and the Contractor,the Contractor shall collect additional wastes from all Single Family Residential customers within the City Service Area Each resident shall be allowed to place additional Garbage and Yard&Food Waste at the curb for special collection at no extra charge. Operations Plan—Draft 5 10 10 7 it 1.16 Procedures for Cart Collection Location Change-Customer Generated • Customers may at any time request a site survey to determine whether there is alternate location to locate their cart for service. A note is entered into the database to be resolved by staff within 48 business hours. • Within 48 business hours management will contact the customer and/or visit the site to assess the situation. Private roads may require hold harmless letters be signed by residents along that street before a new location can be installed 1.17 Procedures for Cart Collection Location/Routing Changes-Contractor Generated • Location change recommendations may be made by contractor. In cases where safety is the cause of the recommendation then a priority note in the database and the Division safety representative will get involved. • Effected customers will all be contacted about the proposed changes. A mutual resolution will be reached In order to resolve issues,the contractor will provide for as many options as possible for a remedy as is reasonable,such,as smaller collection vehicles or adjustments to daily routing to accommodate reasonable changes while still providing uninterrupted services to the customers. Should good faith efforts fail to resolve the disagreement the contractor will address the issue with City staff • The Contractor may change the day of collection by giving notice at least thirty(30)days prior to the effective date of the proposed change and obtaining prior written approval from the City. On the City's approval,the Contractor shall provide affected Customers with at least fourteen (14) days prior written notice of pending changes Operations Plan—Draft 5 10 10 8 2 Commercial & Multi-Family Collection 2.1 Front Load Garbage Collection • Contractor will collect garbage on a schedule agreed upon with the customer. Additional garbage(extras)above customers'established service level will be billed in 1 yard increments • Collection vehicles will be deployed that utilize CNG fuel and comply with State and Local regulations • Service will be provided to Front Load style dumpsters that are gray and labeled with the addresses,and all other appropriate care and use decals • Collection routes will be built to avoid residential neighborhoods before 7ain and after 6pm All other serviceable stops outside of residential homes have flexibility to be serviced during times of peak efficiency and safety. • Drivers will report container conditions that do not meet requirements (graffiti,disrepair). • Service will be provided to 1 yard, 1.S yard,2 yard,3 yard,4 yard,6 yard,and 8 yard containers 2.2 Recycling Coordinator • A recycling coordinator will be hired in order to facilitate an increase in diversion from garbage to recycle throughout the City commercial and multi-family accounts • Programs will include,but are not limited to,school education,community outreach,and more. The coordinator will work closely with the City and the Community to promote a green environment Coordinator will be given diversion goals to measure performance 2.3 Fuel for Collection Vehicles • Collection vehicles will utilize CNG for fuel. • Support vehicles will utilize,at a minimum,B20 Diesel. • Backup vehicles if not CNG will utilize,at a minimum,B20 Diesel Operations Plan—Draft 5 10 10 9 2.4 Limited Access Collection • Limited access areas(alleys,narrow roads,etc)will be serviced by the contractor. The contractor may utilize a smaller collection vehicle or support vehicle to facilitate collection in these areas • The collection of each waste steam will be kept separate and dumped out at the appropriate transfer station or dump. • These vehicles will comply with Diesel B20 requisites. 2.5 Container Placement for Collection Service mocked/Roll Out) • Blocked containers,and other inaccessible containers situations are immediately reported to dispatch via cell/Nextel after a good effort by the driver to remedy the situation such as talking to the customers. • Dispatch immediately attempts to resolve the situation by calling the customer while the driver is still on site A note is then entered by dispatch into the computer immediately following the report with specific information about the event such as car type that is blocking the container or a description of the obstruction so that when a customer conversation takes place it can be addressed The driver also records this information in their route book • Ongoing issues with accounts are escalated to operations management to be remedied. a 2.6 - Garbage Not In Company Container(Extras) - - g o P Y • Garbage left on the outside of the container will be collected for a fee. Clean up fees are billed in 15 minute increments Repeatedly overflowing accounts are noted and customer service/sales will follow up with customer in order to establish more appropriate service levels • Extras charges are recorded in the drivers'route book and later entered into the database at the end of the day once the DSM process checks the driver in. • Pictures of all commercial extras will be taken and saved each night to a secure drive on the contractor servers • Contractor will clean up messes made while dumping at no charge to the customer. 2.7 Missing Containers on Service Day(Not Out/Locked Gates) • Locked gates or situations where the customers have failed to roll out their containers/carts, and other inaccessible containers/carts situations are immediately reported to dispatch after a good effort by the driver to remedy the situation such as talking to the customers Customer containers/carts must be out when the driver is there on their day of service. Containers/carts that are not out,for whatever reason,will be recorded as"not out"by the driver in their route book Route books are turned in to DSM and then the item is keyed into the database Cans not out are still subject to the normal service fee per month as a regular collection. Operations Plan-Draft 5 10 10 10 2.8 Driver Services Management(DSM) • Driver paperwork is turned in to the DSM agent at the end of every route day that includes all activity recorded for the day(i e.carts not out,extras,blocked containers,etc). • DSM agent(s)translate the notations from the route books into the database that same day. Once in the database all Allied departments have visibility over the activities of the routes. • Open issues are then routed through the database to the appropriate staff to resolve. Open issues are monitored by management to ensure timely resolution. 2.9 Paid Special Collections(Special Pick Ups/Bulky Items) • Customers may request a special pick up for a fee during normal collection days and hours. Special pick ups are acted on within the next business day or on the requested date. • Customers may request a bulky item pick up for a fee during normal collection days and hours. Bulky item pick ups must be set out on private property and accessible for collection. 2.10 Procedures for Cart/Container Collection Location Change-Customer Generated • Customers may at any time request a site survey to determine whether there is alternate location to locate their cart/container for service. A note is entered into the database to be resolved by staff within 48 business hours. • Within 48hrs management will contact the customer and/or visit the site to assess-the --- situation Private roads may require hold harmless letters be signed by residents along that street before a new location can be installed. 2.11 Procedures for Cart/Container Collection Location/Routing Chanties-Contractor Generated • Location change recommendations may be made by contractor. In cases where safety is the cause of the recommendation then a priority note in the database and the Division safety representative will get involved • Effected customers will all be contacted about the proposed changes A mutual resolution will be reached • The Contractor may change the day of collection by giving notice at least thirty(30)days prior to the effective date of the proposed change and obtaining prior written approval from the City, which shall not be unreasonably withheld On the City's approval,the Contractor shall provide affected Customers with at least fourteen (14) days prior written notice of pending changes Operations Plan—Draft 5 10 10 11 3 Roll-Off Collection 3.1 Roll-Off GarbaLre Collection • Roll off service will employ vehicles with a cable reeve system to raise and lower detachable boxes from the boom • Roll off service is run 7 days a week • This service will follow the noise ordinance requirements from the City and will stay out of residential neighborhoods after 6pm and before 7am. • Vehicles deployed will utilize CNG fuel and are able to comply with State and Local regulations • Service will be provided to both compactors and non-compactors. The contractor does not own any compactors but provides service to its own non-compacted boxes. Sizes available to the customer will be 10 yard,20 yard, 25 yard,30 yard,and 40 yard • Contractor will work closely with the customers on an ongoing basis to adjust frequency of service levels that will allow for compliance with overweight regulations in the state of Washington 3.2 Fuel for Collection Vehicles • Collection vehicles will utilize CNG for fuel. • Support vehicles will utilize,at a minimum,B20 Diesel. • Back up vehicles if not CNG will utilize,at a minimum,B20 Diesel. 3.3 Container Placement for Collection Service(For Set-Down and Pick-UP) • Roll off trucks need a certain amount of space in order to drop and/or retrieve the detachable box or compactor At a minimum there must be 50 feet of draw distance,no over height obstructions such as wires or trees,and be at least 14'wide on the path to and from the container. • Steep hills are not safe locations for roll off containers to be serviced. • Containers will be dropped on private property,whether commercial or residential,and may require a hold harmless to be signed before setting the container down. Operations Plan—Draft 5 10 10 12 3.4 Garbage Not In Company Container • Debris left on the outside of the container will be collected for a fee. Clean up fees are built in 15 minute increments 3.5 Missing Containers on Service Day • Situations where the container is not able to be serviced are immediately reported to dispatch after a good effort by the driver to remedy the situation such as talking to the customers In such case,the customer may be charged a haul fee. 3.6 Driver Services Management(DSMI • Driver paperwork is turned in to the DSM agent at the end of every route day and includes all activity recorded for the day(i a blocked containers, etc). • DSM agent(s)translate the notations from the route books into the database that same day. Once in the database all Allied Departments have visibility over the activities of the routes. • Open issues are then routed through the database to the appropriate staff to resolve Open issues are monitored by management to ensure timely resolution. 3.7 Procedures for Collection Location Change-Customer • The customer only needs to call to arrange for a relocation order. Upon request the driver will be dispatch to relocate the container per the customer's instructions. • Should the new site prove to be inaccessible then the driver will radio dispatch and dispatch will call the customer while the driver is still on site. 3.8 Procedures for Collection Location Change-Contractor • Location changes are often recommendations made by drivers via communication with dispatch In cases where safety is the cause of the recommendation,priority is placed on this and may include the division safety manager to resolve • Typically,the customers will all be called who are affected by the recommendation with the intent of gaining customer assistance to right the situation. In cases where the issue escalates, operations management will get involved and action the driver notes themselves. • Within 48hrs management will contact the customer and/or visit the site to assess the situation. I • Often site visits are needed,though not in every case. Operations Plan—Draft 5 10 10 13 4 Containers and Other Services 4.1 Container Delivery • Residential cart delivery is carried out by using moving van style trucks that are painted and decaled with the company name and colors New and refurbished carts are loaded into the truck and unloaded using either a side door in the box or a lift gate on the back of the truck. • Residential cart delivery trucks comply with the diesel B20 emissions standards and are cared for using pre-and post-trip inspections as any other commercial vehicle • Residential cart delivery trucks will also deliver carts to commercial and multi-family locations • Commercial container delivery will be handled using a fork style truck that is painted and decaled with the company name and colors New and refurbished containers will be loaded up onto the forks as many as two at a time Flags are set out on the tips of the forks to communicate their present in traffic even though in the upright position. • Commercial container delivery trucks comply with the diesel B20 emissions standards and are cared for using pre-and post-trip inspections as any other commercial vehicle • Commercial container delivery trucks will also deliver containers to residential and multi- family locations as requested • Roll off container deliveries are handled using a roll off truck. The vehicle employs a cable reeve system that pulls the containers onto the truck • Roll off trucks will utilize CNG fuel. Any back up truck will comply with the diesel B20 emissions standards and are cared for using pre-and post-trip inspections as any other commercial vehicle. 4.2 Delivery Timeline Expectations • Residential cart orders will be delivered within 7 business days of the customer's first day of service • Commercial containers will be delivered within 3 business days or on the customer's requested date. • Roll off containers will be delivered on or before the day of requested service. Operations Plan—Draft 5 1010 14 4.3 Special Events Where Containers are Needed • Contractor acknowledges that there have been needs for special containers to be delivered Storm debris clean ups,parades,festivals,demolitions and etc may require a temporary drop box to be delivered 4.4 Container Condition/Replacement Protocol • Drivers are expected to report on the condition of the containers on route. All drivers will record in their books the need to replace or repair a container on their route. • Once the route books return to the DSM the items recorded will be entered into the database for exchange or delivery. • Address and/or care labels can also be either mailed to the customer at the driver's request. • Commercial drivers will monitor closely for the condition of the cans Leakmg or broken containers will be called into dispatch for immediate action The driver will also record the need in their route book. • Containers needing to be painted or touched up are called out to the driver of the fork truck, who carries paint in the truck box • Once the commercial route book returns to the DSM the items will be entered into the database. • Organics carts will be washed on site at the customer's request once a year by using a mobile cart cleaning service per the contractor's schedule. • Front load containers may be swapped or replaced for cleaning at the contractor's location as needed. Operations Plan—Draft 5 10 10 15 4.5 Recycling of Retired Containers • To be as eco-friendly as possible,our vendors have set up a program in conjunction with Allied Waste to create a 100%recycling program for retired carts and front load containers. • Plastic carts and front load containers are disassembled on site and stacked neatly for loading into a trailer The metal parts are sent to the metal recycling container while the plastic bodies are shipped off to be ground up and re-used in future containers or sold on the market for other uses • Existing steel front load containers and roll off containers are bundled together and brought to a local steel recycling plant to be melted down and returned any manufacturer who purchases it. 4.6 Post Consumer Product Content Standards for Containers • Carts and new plastic front load containers are made from up to 50%recycled material. 4.7 Street Sweeping • As an additional service,contractor will utilize a street sweeping vehicle to sweep the City core. This will include the alleyways in that zone. Street sweeping will have to be coordinated to avoid busy times of day. 4.8 Enclosure Cleaning Services • At the customer's request,contractor will arrange for an enclosure cleaning using a high powered pressure washer vacuum unit 4.9 Compressed Natural Gas(CNG)Fueling Station • A new CNG fueling station will be built at the Kent location. This station will be linked to a port at each parking spot in the fleet so that trucks can be fueled over night once plugged in • There will be a fast-fill fueling station that will be made available during business hours to the City to fuel any of their compressed natural gas vehicles The fueling station will be equipped with a card lock or meter system to facilitate billing the City for usage. Operations Plan—Draft 5 10 10 16 5 Vehicle Maintenance (Spillage and Etc) • Drivers monitor their vehicle throughout the day to observe action items that impact the environment At the beginning of the day and at the end of the day drivers will perform an inspection of their vehicle to identify possible condition problems Any items found in the morning are immediately corrected by the shop prior to the truck leaving the yard Items found at the end of the day are written up on a Vehicle Condition Report(VCR) and turned in to the shop for corrective action before the truck leaves the yard again • Each vehicle is equipped with spill kits that are capable of containing most liquid spills the driver would face in a day. For any spill,drivers will follow a prescribed spill response procedure Spill kits are also located around the contractor facility for on site spills • Each collection vehicle has a Driver Alert decal enabling the community to report any issues noted with that vehicle Driver Alerts are resolved immediately • All employees received annual training with spill prevention,and corrective procedures depending on the nature of their lob MSDS sheets are also available 24 hours a day. • All hazardous chemicals are stored in secondary containment to prevent it getting into the environment. • Larger spills on site or out in the field are cleaned up by a 24hr response service specializing in environmental cleaning 6 In climate Weather/ Disaster Relief/ Etc 6.1 Weather Related(Typically Seen) • The contractor will work closely with the City to design situational responses such as plow schedules,relief drop box locations, and/or customer communication 6.2 Construction Related • Construction crews and/or the City will supply the contractor with information regarding road closures due to construction allowing the contractor to implement temporary routing strategies to ensure that customers are serviced. • When a construction issue is identified by the driver,there is some freedom to adjust in real time So long as all customers have their residential carts out by 7AM then most customers should experience no loss of service The exceptions would be those who are completely inaccessible due to the construction Operations Plan—Draft 5 10 10 17 6.3 Natural Disaster(Flood or Excessive Weather) • Weather-Key contacts during adverse weather: General Managers for the collection companies will notify the City Contract Manager prior to 6 a.m with any plans to cancel services that day. • Response Measures to a weather related delay(Customer Service): ➢ Email notification to all customers who have provided Allied Waste Services with active email addresses Messages advised services would be delayed or suspended, an informed customers how to handle the resulting accumulation of garbage,recycling and yard waste. Information to Kent residents will be Kent specific ➢ Vince message notification to residential customers informing them when collect was scheduled to resume that is Kent specific. ➢ Website updates provided inclement weather service suspension information and location of emergency collection sites specific to Kent ➢ Incoming customer service numbers included daily updates to keep customers advised of changes ➢ Customer email was answered remotely when Customer Service Office was closed. ➢ City of Kent staff apprised daily of status of service no later than 8.00 AM. Local motels may be used to house employees near to the facility in order to continue service to the extent possible as well as to provide employees with a safe place to stay during severe weather. • Response Measures to a weather related delay(Operations): ➢ Supervisors will survey area before drivers'scheduled shift start to determine areas we were able to reach safely to minimize missed collection. ➢ Drivers provided dispatch with timely feedback on unserviceable areas,and areas serviceable only with alternate approach. ➢ Supervisors provided ongoing updates to customer service on late running and suspended service routes ➢ Emergency collection sites were established and manned to collect accumulated amounts of garbage and recycling for customers at no charge to them. ➢ Establish emergency collection site in safe location in instances where Allied Waste is unable to collect garbage for two consecutive weeks (Suggested site is Russell Road). ➢ Work closely with city to determine which streets if plowed will maximize collectible locations ➢ Possible suspension of yard waste collection to enable added recycle collection support. Operations Plan—Draft 5 10 10 18 • Late Collections-The Contractor shall notify the City,via telephone,before 2:00 p in of Contractor's intent to collect past 5 00 p in This notification will include reason for late collection,type of collection(garbage,food/yard waste and/or recycling), projected completion time and the boundaries of area(s)to be collected late • Republic/Allied Waste Services is committed to maximizing communication with the City of Kent staff,Kent's residents and businesses to provide continuous updates in inclement weather situations Our goal is to provide the maximum level of service possible while ensuring the safety of Kent's residents,businesses and our drivers when emergency situations occur 7 Customer Service and Account Data 7.1 Customer Data File Specifications • Contractor will be using its own database(InfoPro)to-hold and manage all customer --- information 7.2 Priorft Service Orders • From time to time situations come about that require immediate attention(oil spills,other dangerous situations,etc) In these instances,aside from generating the appropriate service order,Customer Service Staff will contact the operations manager,either by phone call,fax or e- mail to arrange for expedited resolution. 7.3 Exceptions&Service Order Responses • Contractor will conduct yearly and random audits of the customer base to ensure that container sizes are set up correctly for what is being serviced in the field. • This audit will also identify safety hazards or street maintenance issues such as low wires or overgrown alleys to be reported to the City for remedy Operations Plan—Draft 5 10 10 19 7.4 Service Changes and New Accounts • Customers can set-up new accounts by calling into the Call Center or by visiting the Allied Waste website and filling out an account services form. Customers will have their accounts set- up for them at the time of the call • New customers receive New Customer information packets 2-3 days after starting up their service • Customers are asked to provide keys and special instructions at the time of the new customer set-up All special access notes are applied to the customer account both on the route sheets as well as in the customer account • Customers can modify services by calling the Call Center or going to the Allred Waste website. The new services will be verified and then put into the system for the next service day if possible • Customers can view Service Calendars, Invoices,payment information and pay invoices on our secure website by creating a user account. Customers can also receive all information by contacting the Call Center • Customers can make service requests from their on-line account or through a phone call to the Call Center • Customers can request that their accounts be placed on Vacation hold up to 4 times a year 7.5 Billine Protocols • Allied Waste is responsible for all billing and collection of receivables. • Allied Waste will bill residential customers on a quarterly cycle and commercial customers monthly. • Customers will have ability to mail payments,make payments online,or drop payments off at the Kent office. Operations Plan—Draft 5 10 10 20 7.6 Delinquent Accounts All past due amounts that accrue from the services provided by the Contractor under this Contract will be pursued for collection by the contractor for a ninety(90)day period as follows (1) If no payment has been received at thirty (30) days from the date of the original invoice, send a letter with dunning message and late penalties and interest, (2) If no payment has been received at forty-five (45) days from the date of the original invoice,send a collection letter; (3) If no payment has been received at fifty-five (55) days from the date of the original invoice,send intent to suspend letter,and call the customer, (4) If no payment has been received at sixty (60) days from the date of the original invoice, call the customer and notify the customer that service is being suspended, place the account on suspension and notify the City; (5) If no payment has been received at seventy-five (75) days from the date of the original invoice,close the account,and schedule container removal,send final collection letter; (6) If no payment has been received at ninety (90) days from the date of the original invoice, the account will be written off and the balance,including accrued interest,will be forwarded by the Contractor for collection The Contractor will notify the City in writing of the closed account and forward customer account history information for the City to pursue code enforcement action Operations Plan—Draft 5 10 10 21 8 Customer Dispute / Issue Resolution • Upon notification of an issue the contractor will note the issue in the database for staff to resolve. • Misses-Upon customer notification that they were missed customer service researches the driver notes to determine whether the can was marked"not out". If the cart was marked"not out"then a courtesy trip is scheduled and the customer is informed of set out times and cart placement policy If there were no driver notations then a return trip is scheduled within 24 business hours. If the customer call is received prior to 12pm,the miss will be collected the same day • Extras-Upon notification of an extra collection by the driver the additional charge is billed. If the customer disputes the extra customer service works with the customer on the extras billing policy and comes to a mutual agreement. If the customer wishes to be placed on a"no extras status"then the agent will educate the customer that should their cart be overfilled it may lead to non-collection of the cart • Issues-Customer service issues are tracked through the database All open issues are expected to be resolved within 48 business hours and are monitored daily. 8.1 Photo Documentation • The City may require the Contractor to photograph repeatedly disputed collections and to provide the City with clear documentation to help resolve ongoing disputes of fact between collection drivers and customers. • The Contractor shall provide each commercial collection vehicle with a camera to allow the Contractor to digitally photograph and digitally transmit such documentation to the photo storage electronic folder All such photographs will be marked with a date,and time stamp and referred to should there be a question from the customer regarding charges Operations Plan—Draft 5 10.10 22 8.2 Illegal Dumping Solutions Commercial • Locks may be provided for the containers that would attach to a lock bar that fits over the top of the lids of the front load container The contractor and the customer would each have a copy of the key Contractor can provide locks with keys and lock bars(the container may have to be temporarily removed or exchanged in order to outfit a lock bar). • Customers may also request to be placed on a status in the computer where there are to be no extras collected unless prior authorization occurs If this is the case,then a note appears automatically on the drivers'books. If the customer is on a"no extras status'and they have an overflowing container they may not be collected. • Customers may build enclosures that are locked in order to keep unwanted material out of container Contractor can supply the locks and keys • In some situations,with the larger containers,a flat top container with a lockable side door can be provided • Metal lids can also be fitted to the containers for the most serious of situations Metal lids have locking chains built onto them The metal lids are the last option typically visited because of the weight of the lid 8.3 Illegal Dumping Solutions Roll Off • Illegal dumping can be regulated through the use of heavy steel or mess lids that require a crank to lift open The lid can then be locked. • Locked lids using locks other than those owned by the contractor may be cut off as needed or when the container is removed from site It is preferable to use contractor locks on all company owned containers. • Service is provided to enclosures so long as it is large enough to allow for access and the gates remain open. Operations Plan—Draft 5 10 10 23 9 Community Ongoing Outreach 9.1 The following list illustrates Allied Waste's continuing commitment to increase communication levels with the community. • Container Labeling-Do/Don't Decals • Billing Inserts - • Program/How-To Information • Allied on the Web • Public Events • Kitchen Pail with Organics/Yard Debris Cart Delivery • Motor Oil Recycling Kits • Recycling Campaign • Multi-family Recycling Tote Bags • Schools Programs Operations Plan—Draft 5 10 10 24 1 10 City Reporting • By the 15th of each month,for the month prior,the contractor will submit to the City the following reports. overweight loads,misses,accidents/infractions,tonnage, and customer count with service levels,participation levels,and customer complaints. • Complaint Log-Report is an account for all resolutions to customer complaints from each department Logs shall include: Customer/Business and City Staff name,service address, contact phone number, date of complaint,description of complaint,how the complaint was received,description of how complaint was resolved,date of resolution,and any other driver notes. • Tabular Account List-Report is a list of all single family,commercial,and multi-family accounts • Participation Levels-Report is a compilation of statistics surrounding participation in each service based off of set out rates for residential. Report also requires a summary of multi-family and commercial participation in recycling programs including those who participate in cart recycle service. • Tabular Service Levels-Report accounts for all customer accounts by service level and collection frequency for all customers(except roll off). • Tonnage-Report summarizes quantities of disposal weight monthly and year-to-date for garbage,recycle,organics/yard debris. • Recyclables Summary-Reports summarizes the quantities of recyclables by collection sector and by commodity including processing residues disposed and market prices. • Tipping Stations-Report identifies all tipping stations used and the quantities sent to each for every line of business Report will also include any processing changes that took place at that site if any or any changes to tipping fees. • Accident Report-Report describes any vehicle accidents or infractions imposed against on- duty employee drivers • Customer Changes-Report describes any changes to customer routing, containers,vehicles,or customer service from existing methods that effect the provision of service. • Miss Log-Report identifies all the collection misses incurred by the contractor • Overweight-Report indicates the date,time,vehicle number,total weight,and weight exceeding weight limits for any overweight vehicle • Workshops-Report summarizes educational workshops that includes the workshop outline, date,location,number of participants,and type and number of materials distributed • Educational Programs-Report summarizes educational efforts for residential,multi-family, and commercial sectors Operations Plan—Draft 5 10 10 25 Operations Plan—Draft 5 10 10 26 i Attachment L i Future Annexation Areas j i Tj 17 wRc�wwey 1 *� 4. 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S 272 PI i ( N , L___S 274_el Ze- xs, ,S 277 Q Xf N �� Ij Mv12:lmv� •• r,A rinnrr,,i n l� City of Kant - T1 N Potential Annexation Areas Attachment L-3 Potentia Annmabcn Area 1 Inc A-700 fat Prkrted May 2010 PMMnbc!by KQM BrOn"Asy OW, c Cab eei Kw GSA KIrV CGO'"an i i aA� ! g 23A F V 51 ti +a {v1 King s P 14 Q S 4 t S 24t tO'' Q � m 242 St -a Liu my rn a S, 43 Pi 5 J4Z St i4 St M' s 245 516 S246C `. ltt AH h TS RK :i lip '~ s zas St S 249 St _ a aRett m ON erntfY,21i;6 S 250 t 8 250 St � 3 4 W �L � -- 32 AV_S ga r "fs+art N r 34 AV S Ay �w x $ S,QSr.MttitarY.Rd S w 37 Pl S. 1 V �.. AO W 5 _. 41 AvA 4N RNL NN i �4 tl .s TJ � N C a Ch sr I PI a� J REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill to All Applicable Boxes W A 5 H I n G T O 1 Routing Information (ALL REQUESTS,MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Ongrnator j,.I ui Phone (Oii�rnator) Date Sent: ; _Icj - lC Date Required Return Signed DOCUmentto }��(�� j� ��� CONTRACT TERMINATION DATE: -3i -���� VENDOR NAME: �(� ,z�� �1�r' DATE OF COUNCIL APPROV�4L Brief Explanation of Document. All Contracts Must Be Routed Through the Law Department (This Aiea to be Completed By the Law Department) Received Approval of Law Dept.- AUG 19 2010 I �Law Dept. Con ents *UX � tL@ L Date Forwarded to Mayor- Shaded Areas to Be Completed by Administration Staff Received: D Q_C� n F Recommendations & Comments: uj Disposition. �Z��/O / V 1161 /XA Date Returned- lger)s,-a • s105 ACO CERTIFICATE OF LIABILITY INSURANCE Page 1 of DATE(MM/DDIYYYY) l ! 05I2812013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the poltcy(ies)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACTNAME CANNON COCHRAN MANAGEMENT SERVICES,INC PHONE I No Ext) FAX AIC No Ext) 17015 N SCOTTSDALE RD E-MAIL ADDRESS certificatateanioccmicom SCOTTSDALE,AZ 85255 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A OLD REPUBLIC INSURANCE COMPANY 24147 INSURED INSURER B ILLINOIS UNION INSURANCE COMPANY 27960 REPUBLIC SERVICES,INC INSURER C LEXINGTON INSURANCE COMPANY 19437 18500 N ALLIED WAY INSURER D PHOENIX,AZ 85054 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:339799 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR VD POLICY NUMBER MWDDNYYY MI MDD/YYYY LIMITS AGENERAL LIABILITY MWZY 60248 06/30/2013 06(30/2014 EACH OCCURRENCE $5,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR DAMAGE PREMISES O(Ea occurrence) $5,000,000 MED EXP(Any one person) PERSONAL&ADV INJURY $5,000,000 GEN'L AGGREGATE LIM IT APPLIES PER GENERAL AGGREGATE $5,000,000 POLICY E_1 PROJECT D LOG 1FTODUCTS-COMP/OP AGG $5,000,000 AAUTOMOBILE LIABILITY MWTB 21945 06M/2013 06/30/2014 COMBINED SINGLE LI MIT X ANY AUTO (Ea accident) $5,000,000 X ALL OWNED SCHEDULED BODILY INJURY(Perperson) AUTOS AUTOS BODILY INJURY(Per accident) X HIREDAUTOS NON-OWNED AUTOS PROPERTY DAMAGE ❑ (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE GGREGATE DED 0 RETENTION$ A WORKERS COMPENSATION YIN N/A MWC 118477 00AOS 06/30/2013 06/30/2014 X WC STATIJ- OTHER AND EMPLOYERS'LIABILITY MI 1024 Excess WC OH 06/30/2013 06/30/2014 TORY LIMITS A ANY PROPRIETOR/PARTNER/EXECUTIVE MI 1023 Excess NSWC 06/30/2013 06/30/2014 E L EACH ACCIDENT $3,000,000 A OFFICERIMEMBER EXCLIIDED> TX E L DISEASE-EA EMPLOYEE $3,000,000 rdantlatory In NH) EL DISEASE-POLICY LIMIT $3 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Division Number 4176-Named Insured Includes Kent-Meridian Disposal Company-Dba Kent-Meridian Disposal CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE City of Kent 220 4th Avenue South Kent,WA 98032 ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD � r AGENCY CUSTOMER ID: LOC#: ACO® ADDITIONAL REMARKS SCHEDULE Page 2of2 l6ki AGENCY NAMED INSURED REPUBLIC SERVICES,INC POLICY NUMBER 18500 N ALLIED WAY See First Page PHOENIX,AZ 85054 CARRIER NAIC CODE See First Page EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER 25 FORM nTLE CERTIFICATE OF LIABILITY INSURANCE The following provisions apply when required by written contract As used below,the term certificate holder also Includes any person or organization that the insured has become obligated to Include as a result of an executed contract or agreement GENERAL LIABILITY Certificate holder is Additional Insured when required by written contract Coverage is primary and non-contributory when required by written contract Waiver of Subrogation in favor of the certificate holder is included when required by written contract AUTO LIABILITY Certificate holder is Additional Insured when required by written contract Waiver of Subrogation in favor of the certificate holder is included when required by written contract WORKERS COMPENSATION AND EMPLOYERS LIABILITY Waiver of Subrogation in favor of the certificate holder is included when required by written contract where allowed by state law TEXAS EXCESS INDEMNITY AND EMPLOYERS LIABILITY Republic Services, Inc and its subsidiaries are registered non-subscribers to the Texas Workers Compensation Act Republic Services,Inc has filed an approved Indemnity Plan with the Texas Department of Insurance which offers an alternative in benefits to employees rather than the traditional Workers Compensation Insurance in Texas The excess policy(#MWXS 1023)shown on this certificate provides excess Indemnity and Employers Liability coverage for the approved Indemnity Plan Contractual Liability is included in the General Liability coverage form The General Liability policy does not contain an endorsement excluding Contractual Liability RE City of Kent Franchise Agreement The City,its officers,agents,and employees are additional insureds as required by written contract Includes all customers serviced under the franchise agreement ACORD 101(2008101) 01988-2010 ACORD CORPORA71ON All rights reserved The ACORD name and logo are registered marks of ACORD