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PW16-030 - Original - Republic Services - Garbage, Recycling, Yard & Food Waste Collection & Disposal/Marketing - 04/01/2016
1 F b f 3 ��:4pJU4 9 cords 44 KENT `� F q �r,. W19 NINGTON . Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: LPIA04( ,,iNjU-v QF 0VIt Vendor Number: JD Edwards Number Contract Number: F � ) o-%)0 This is assigned by City Clerk's Office Project Name: Garbage, Recy7cling, Yard & Food Waste Collection & Disposal/Marketing Contract Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 4/1/2016 Termination Date: 3/31/2023 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Peterson Department: PW Transportation/Special Projects Contract Amount: NA Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): This is a revised Solid Waste, Recycling & Yard & Food Waste Contract with Republic Services of Kent to provide services to the city. March 31, 2023 expiration date doesn't include two 2 yr. ext. at the discretion of the council. As of: 08/27/14 i CONTRACT Garbage, Recycling, Yard & Food Waste Collection and Disposal/Marketing Contract City of Kent And Kent-Meridian Disposal Company d/b/a Republic Services April 1, 2016 - March 31, 2023 I i I City of Kent and Republic Services Contract I Garbage, Recycling, Yard & Food Waste Collection and Disposal/Marketing Contract Table of Contents RECITALS ................................................................................................1 DEFINITIONS.................................I..................................I.....................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 I 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 ............................................................ 14 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 2.1.14.7 Container Weights........................................... 17 I City of Kent and Republic Services Contract 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 Coordination with City and Annual Performance Review ....... 19 2.1.22 Disposal Requirements ....................................................20 2.1.23 Compressed Natural Gas and Alternative Fuels ...................20 2.1.24 Violation of Ordinance .....................................................21 2.2 COLLECTION SERVICES..............................................................21 2.2.1 Single-family Residence Garbage Collection........................ 21 2.2.1.1 Subject Materials ............................................21 2.2.1.2 Collection Containers .......................................21 2.2.1.3 Specific Collection Requirements .......................22 2.2.1.4 Extra Charges.................................................22 2.2.2 Single-family Residence Recyclables Collection ...................23 2.2.2.1 Subject Materials ............................................23 2.2.2.2 Containers .....................................................24 2.2.2.3 Specific Collection Requirements .......................25 2.2.3 Yard & Food Waste Collection ...........................................25 2.2.3.1 Subject Materials ............................................25 2.2.3.2 Containers .....................................................26 2.2.3.3 Specific Collection Requirements.......................27 2.2.3.4 Food Waste Collection......................................27 2.2.4 Single Family Bulky Item, White Good Collection.................27 2.2.4.1 Subject Materials ............................................ 27 2.2.4.2 Specific Collection Requirements....................... 27 2.2.5 Multifamily Complex and Commercial Customer Garbage Collection.......................................................................28 2.2.5.1 Subject Materials ............................................28 2.2.5.2 Containers .....................................................28 2.2.5.3 Specific Collection Requirements.......................29 City of Kent and Republic Services Contract 2.2.6 Multifamily Complex Recyclables Collection ........................29 2.2.6.1 Subject Materials ............................................29 2.2.6.2 Containers .....................................................30 2.2.6.3 Specific Collection Requirements.......................30 2.2.7 Commercial Recycling Collection ...................................... 31 2.2.8 Multifamily Complex and Commercial Customer Yard & Food Waste Collection .............................................................31 2.2.8.1 Subject Materials ............................................31 2.2.8.2 Containers .....................................................31 2.2.8.3 Specific Collection Requirements .......................31 2.2.8.4 Commercial Food Waste Collection ....................32 2.2.9 Drop-Box Container Garbage Collection .............................32 2.2.9.1 Subject Materials ............................................32 2.2.9.2 Containers .....................................................32 2.2.9.3 Specific Collection Requirements.......................33 2.2.10 Temporary Container Customers....................................... 33 2.2.11 Service to City Facilities and Properties.............................. 33 2.2.12 City Approved Community Events .....................................34 2.2.13 Education Events ............................................................34 2.2.14 Semi-Annual Clean-up Weeks and Special Events ...............34 2.2.15 Other Solid Waste Collection Services................................35 2.3 MANAGEMENT............................................................................35 i 2.3.1 Responsibility of Participants ............................................35 2.3.1.1 Contractor's Responsibilities .............................35 2.3.1.2 City's Responsibilities ......................................37 2.3.1.3 Operations Plan ..............................................37 2.3.2 Customer Service and Billing ............................................38 2.3.2.1 Office Location 38 ................................................ 2.3.2.2 Customer Service Requirements .......................38 2.3.3 Customer Billing Responsibilities .......................................40 2.3.4 Reporting.......................................................................42 2.3.4.1 Monthly Reports..............................................42 2.3.4.2 Annual Reports ...............................................44 City of Kent and Republic Services Contract 2.3.4.3 Ad Hoc Reports...............................................44 2.3.5 Promotion and Education .................................................44 2.3.6 Field Monitoring ..............................................................46 2.3.7 Transition to Next Contractor............................................46 3. COMPENSATION ........................................................................46 3.1 COMPENSATION TO THE CONTRACTOR......................................46 3.1.1 Rates.............................................................................46 3.1.2 Itemization on Invoices ...................................................47 3.1.3 Discontinuing Service for Nonpayment...............................47 3.1.4 Bad Debts ......................................................................47 3.2 COMPENSATION TO THE CITY....................................................48 3.3 COMPENSATION ADJUSTMENTS.................................................48 3.3.1 Annual Rate Adjustment ..................................................48 3.3.2 Periodic Adjustments.......................................................49 3.3.3 Changes in Disposal or Yard & Food Waste Processing Sites..............................................................................50 3.3.4 Other Modifications .........................................................50 3.4 CHANGES IN LAW ................................................I.....................50 4. FAILURE TO PERFORM, REMEDIES, TERMINATION ....................50 4.1 LIQUIDATED DAMAGES..............................................................51 4.2 CONTRACT DEFAULT ..................................................................54 4.3 AVAILABILITY OF COLLECTION VEHICLES.................................55 5. NOTICES ....................................................................................56 6. GENERAL TERMS........................................................................56 6.1 COLLECTION RIGHT...................................................................56 I 6.2 ACCESS TO RECORDS .................................................................57 6.3 CONTRACTOR TO MAKE EXAMINATIONS....................................58 6.4 INSURANCE ...............................................................................58 6.5 PERFORMANCE BOND ................................................................58 6.6 INDEMNIFICATION....................................................................59 6.6.1 Indemnify and Hold Harmless...........................................59 6.6.2 Notice to Contractor; Defense...........................................59 6.6.3 Industrial Insurance Immunity Wavier...............................60 City of Kent and Republic Services Contract 6.7 PAYMENT OF CLAIMS.................................................................60 6.8 CONFIDENTIALITY OF INFORMATION .......................................60 6.9 ASSIGNMENT OF CONTRACT ......................................................60 6.9.1 Assignment or Pledge of Money by the Contractor...............60 6.9.2 Assignment, Subcontracting, Delegation of Duties and Change in Control ...........................................................61 6.10 DISPUTE RESOLUTION AND GOVERNING LAW...........................61 6.11 COMPLIANCE WITH LAW ...........................................................62 6.12 NON-DISCRIMINATION .............................................................62 6.13 EQUIVALENT INDUSTRY WAGES................................................63 6.14 PERMITS, LICENSES AND TAXES................................................63 6.15 RELATIONSHIP OF PARTIES ......................................................63 6.16 BANKRUPTCY.............................................................................64 6.17 RIGHT TO RENEGOTIATE/AMENDMENT .....................................64 6.18 FORCE MAJEURE ........................................................................65 6.19 ILLEGAL PROVISIONS................................................................65 6.20 WAIVER.....................................................................................65 6.21 ENTIRETY ..................................................................................66 Attachment A: Service Area / Potential Annexation 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 i City of Kent and Republic Services Contract 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 Republic 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, 2016. Change in Control: Change in Control means a transaction or series of related transactions by which more than fifty percent (50%) of the direct or beneficial voting interests in the Contractor is acquired by a person or affiliated group of persons who prior thereto held less than fifty percent (50%) of the direct or City of Kent and Republic Services Contract Page 1 beneficial voting interests in the Contractor; provided, however, that a Change in Control shall not include (1) intra-company transfers, such as transfers between different subsidiaries or branches of a parent corporation of the Contractor, or transfers to corporations, limited liability companies, limited partnerships, general partnerships, or any other entity by, controlling, or under common control with the Contractor immediately prior to such transaction or series of transactions, (2) changes in the director or beneficial voting interests in the Contractor occurring through an acquisition or acquisitions of shares on any public exchange, or (3) an acquisition by either of the partners in the Contractor of the other partner's partnership interest in the Contractor. 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. Contamination: The term "Contamination" includes: 1. Any item(s) incorrectly placed in the garbage, recycling, or compost container in which it is not accepted in quantities of 20% or greater by volume. Such items or contaminants diminish the quality and condition of all other material it contacts, rendering it unsuitable to recycle or compost. 2. Any item(s) disposed of as garbage that is deemed recyclable or compostable in quantities of 20% or greater. 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 Republic 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. City of Kent and Republic Services Contract Page 2 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. 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. City of Kent and Republic Services Contract Page 3 it 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. 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. i 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. City of Kent and Republic Services Contract Page 4 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. 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. Waste Audit: The term "Waste Audit" is the process of analyzing and quantifying specific materials or commodities in an existing waste stream. A waste audit identifies alternative methods to decrease recoverable materials from entering a waste stream, and is generally used as a baseline to develop recycling outreach programs and appropriately match the container size to the level of service being provided across all lines of business. 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 City of Kent and Republic Services Contract Page 5 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. II. CONTRACT 1. Term of Contract The service term of this Contract is seven (7) years starting April 1, 2016, and expiring March 31, 2023. 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, 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. If additional territory is added to the City through annexation or other means within which the Contractor has an existing WUTC certificate or other franchise for solid waste collection at the time of annexation, the Contractor shall make collection in City of Kent and Republic Services Contract Page 6 such annexed area in accordance with the provisions of this Contract at the unit prices set forth in this Contract. The City acknowledges that equipment, such as trucks, carts, and Containers, may take time to procure, and therefore, shall not penalize the Contractor for reasonable delays in the provision of services to annexed areas due to procurement delays that are not within the control of the Contractor. The Contractor agrees that its WUTC certificate applicable to those annexation areas shall be cancelled effective the date of annexation by the City. The Contractor expressly waives and releases its right to claim any damages or compensation from the City, its officers, agents, or assigns arising out of the cancellation of any pre-existing permit or franchise held by the Contractor prior to annexation, and further specifically waives the right to receive any additional compensation or any rights of collection in the newly annexed territory. Notwithstanding the term of this Contract as set forth in Section 1 above, the term during which the Contractor will service any such areas annexed in the future will be the greater of (1) the term of this Contract (as the same may be extended), or (2) seven (7) years; provided, that effective as of any date following any expiration or earlier termination of this Contract, the Contractor by at least six (6) months' written notice to the City may terminate all rights and obligations of the Contractor with respect to the servicing of any such area. If, during the life of the Contract, additional territory is added to the City through annexation within which the Contractor does not have an existing WUTC certificate or other franchise for Garbage or other collections, then, unless the City grants a franchise to the holder of an existing WUTC certificate as provided in RCW 35A.14.900, upon not less than ninety (90) days' prior written notification from the City, such annexed areas shall become part of the Contract Service Area and the Contractor shall provide service within such annexed areas in accordance with the provisions of this Contract at the unit price set forth in this Contract. The City acknowledges that equipment, such as trucks, carts, and Containers, may take time to procure for distribution, and, therefore, shall not penalize the Contractor for reasonable delays in the provision of services to annexed areas covered by this paragraph due to procurement delays that are not within the control of the Contractor. The City will indemnify, hold harmless, and defend the Contractor from any and all claims, actions, suits, liability, loss, costs, expenses, and damages, including costs and attorney fees, arising out of the Contractor's service in that annexed territory under this Contract. Annexed areas Customers shall receive the same Containers as used elsewhere in the City in accordance with the provisions of this Contract. In the event an annexed area is being serviced with Containers different than those used in the City's program, the Contractor shall, within 30 days written notification from the City, be responsible for timely Customer notification, removal, and recycling of existing Containers and delivery of appropriate Containers to those Customers. 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. City of Kent and Republic Services Contract Page 7 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. 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 City of Kent and Republic Services Contract Page 8 i 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. 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 Year's 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. City of Kent and Republic Services Contract Page 9 i 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.) 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, 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 Suspending 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 i City of Kent and Republic Services Contract Page 10 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 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 City of Kent and Republic Services Contract Page 11 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 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 2.1.9) 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 Equipment 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 2009 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 City of Kent and Republic Services Contract Page 12 i 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 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. City of Kent and Republic Services Contract Page 13 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 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. 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 City of Kent and Republic Services Contract Page 14 i 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. 2.1.14.3 Detachable and Drop-box Containers 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 `slid 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 Republic Services Contract Page 15 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 contractor's 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 2.2.2.21, 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. 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 Ca rt. City of Kent and Republic Services Contract Page 16 i 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. 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 City of Kent and Republic Services Contract Page 17 shall not exceed sixty (60) pounds when full. 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. If, however, cart, detachable container, or drop box exceeds 125% of the weight limit as described as pounds per unit in Attachment B, customers will be charged an excess weight fee also in accordance with Attachment B. 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. 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. City of Kent and Republic Services Contract Page IS 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 fails 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. "Republic Services " 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. 2.1.21 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 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 City of Kent and Republic Services Contract Page 19 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. 2.1.22 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. 2.1.23 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. City of Kent and Republic Services Contract Page 20 Upon request of the City, the Contractor shall provide the City access and use of the Contractor's CNG fueling station. 2.1.24 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 or any other materials that are either restricted from disposal by law or would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a written notice with the rejected materials, listing why they were not collected and providing the Customer with a contact for further information about proper disposal options. The Customer shall remain responsible for all costs associated with handling and disposal of hazardous materials subject to rejection under this Section that are inadvertently collected by Contractor. 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. 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 City of Kent and Republic Services Contract Page 21 ii 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 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. City of Kent and Republic Services Contract Page 22 i 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. Recyclables containing Compostables or Garbage shall not knowingly be collected and instead be prominently tagged with a notice informing the Customer of Recyclables contamination. Contractor will contact the Customer and provide the Customer the opportunity to (1) remove the contamination and have the materials collected the following collection cycle, or (2), have the materials collected as Garbage at the regular Residential Monthly rate for a like size container multiplied by .231 (equaling one weekly collection service), plus the appropriate return trip fee, as provided in Attachment B). Contractor will allow a grace period where contamination fees will not apply beginning on the effective date of this Agreement and running until 90 days after the date Contractor has sent notice to all Customers. Notification of contamination fees to the customer shall occur via Oops tags, contractor will also take pictures accordingly, showing the cart of customer. The Contractor shall keep records of all contamination incidents and make them available to customer service representatives and to the city upon demand. The following recyclables, when collected, must be prepared as follows and must be uncontaminated with Food Waste, Garbage, or other residues, (or Contamination charges and appropriate return trip fees may apply): 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 Cart. 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. All containers shall be securely sealed with name and address of customer clearly labeled on the container. Mixed Paper: All Mixed Paper. City of Kent and Republic Services Contract Page 23 II 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 (not to exceed two (2) feet in any dimension or 35 pounds in weight per piece). Tin Cans: All food and beverage cans - empty and rinsed. 2.2.2.2 Containers I 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 Republic Services Contract Page 24 Customers may request additional Recycling Cart(s) at the rate 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. i 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. 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 Materials Yard & Food Waste shall be collected each collection cycle from all Single-family Residences. City of Kent and Republic Services Contract Page 25 Compostables containing Recyclables or Garbage shall not knowingly be collected and instead Contractor will prominently tag those containers with a notice informing the Customer of Compostables contamination. Contractor will contact Customer and provide the opportunity to (1) remove the contamination and have the materials collected the following collection cycle, or (2), have the materials collected as Garbage at the regular Residential Monthly municipal solid waste rate for like size container, multiplied by .231, (equaling one weekly collection service) plus the appropriate return trip fee, as provided in Attachment B). Contractor will allow a grace period where contamination fees will not apply beginning on the effective date of this Agreement and running until 90 days after the date Contractor has sent notice to all Customers. Notification of contamination fees to the customer shall occur via Cops tags, contractor will also take pictures accordingly, showing the cart of customer. The Contractor shall keep records of all contamination incidents and make them available to customer service representatives and to the city upon demand. Contaminated or oversized Compostable 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. Contamination and return trip fee charges may apply. 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 j available upon request. 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. Extras shall be charged as noted in Appendix B. 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. City of Kent and Republic Services Contract Page 26 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 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 Materials 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 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, other oversized materials, small appliances and a-waste 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. City of Kent and Republic Services Contract Page 27 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 2.2.5.2. Garbage containing Yard Waste shall not knowingly be collected and instead, Contractor shall prominently tag Customer's garbage container with a notice informing the Customer that disposal of Yard Waste in Garbage is not legal within the City. Return Trip Fees will apply. Contractor knowingly collecting Garbage mixed with visible Yard Waste shall be grounds for liquidated damages. Contractor will allow a grace period where contamination fees will not apply beginning on the effective date of this Agreement and running until 90 days after the date Contractor has sent notice to all Customers. Notification of contamination fees to the customer shall occur via Cops tags, contractor will also take pictures accordingly, showing the cart of customer. The Contractor shall keep records of all contamination incidents and make them available to customer service representatives and to the city upon demand. 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, 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 City of Kent and Republic Services Contract Page 28 i I 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. All containers shall be well labeled with colored pictures, right-side up, to help educate customers about what materials are placed in the appropriate containers. 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. Recyclables containing Compostables or Garbage shall not knowingly be collected and instead Contractor will prominently tag the Customer's container with a notice informing the Customer of Recyclables contamination. Contractor will contact Customer and provide the opportunity to (1) remove the contamination and have City of Kent and Republic Services Contract Page 29 l the materials collected the following collection cycle, or (2) have the materials collected as Garbage at the regular multifamily garbage rate for like size container multiplied by .231 (equaling one weekly collection service), plus the appropriate return trip fee, as provided in Attachment B). Contractor will allow a grace period where contamination fees will not apply beginning on the effective date of this Agreement and running until 90 days after the date Contractor has sent notice to all Customers. Notification of contamination fees to the customer shall occur via Cops tags, contractor will also take pictures accordingly, showing the cart of customer. The Contractor shall keep records of all contamination incidents and make them available to customer service representatives and to the city upon demand. 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. City of Kent and Republic Services Contract Page 30 li i 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. 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. I 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 i City of Kent and Republic Services Contract Page 31 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 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 I 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. City of Kent and Republic Services Contract Page 32 i i Contractor-owned containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. 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 B-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. The Contractor may charge an advance deposit equal to the average disposal fee for the size of temporary Container ordered if the creditworthiness of the individual Customer is in doubt. 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. City of Kent and Republic Services Contract Page 33 I 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 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-Approved 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 at least 10 free events annually , 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). 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 Republic Services Contract Page 34 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 Responsibilities 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/labeling 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 Republic Services Contract Page 35 I ® 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 • 9 p 9 P p Q 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 Republic Services Contract Page 36 • 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. 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 City of Kent and Republic services Contract Page 37 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 Billing 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. 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 City of Kent and Republic Services Contract Page 38 implementation period.p p od 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 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. City of Kent and Republic Services Contract Page 39 I 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. 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 City of Kent and Republic Services Contract Page 40 (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. Late fees (fees that remain unpaid more than sixty (60) days after the invoice date) may be imposed but may not exceed one percent (1%) per month (or portion thereof during which the fees remain unpaid in full or in part) and NSF charges shall not exceed twenty dollars ($20.00) per NSF check or actual bank charges, whichever is greater. 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. • Collecting unpaid charges from Customers for collection services. City of Kent and Republic Services Contract Page 41 • Implementing rate changes as specified in Sections 3.1 and 3.3. • Including lines for customer service messages on Customer bills. • Billing to be provided quarterly, with one third (1/3) residents each month of quarter 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 Reporting The Contractor shall provide monthly and annual reports to the City. In addition, the Contractor shall allow City staff access to pertinent operations information such as 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 Republic Services Contract Page 42 i 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. 14. Log of locations of contaminated garbage, recycling or yard and food waste carts or containers. The log shall identify the address, be sorted by the sector (single-family residential, multi-family or commercial), and include a table with monthly breakdown of the number of contaminated occurrences separated by sector. City of Kent and Republic Services Contract Page 43 I I 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 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 City of Kent and Republic Services Contract Page 44 responsibility for providing service-oriented information and outreach to Customers and implementing on-going recycling promotion, at the direction of the City. 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 Republic Services Contract Page 45 I� 2.3.6 Field Monitoring The City may periodically monitor collection system parameters such as participation, container condition, container weights, waste composition, and Customer satisfaction. The Contractor shall assist the City by coordinating the Contractor's operations with the City's field monitoring to minimize inconvenience to Customers, the City, and the Contractor. 2.3.7 Transition to Next Contractor (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 Republic Services Contract Page 46 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 Nonpayment 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 will notify the City in writing of the closed account and forward Customer account City of Kent and Republic Services Contract Page 47 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 2016. The administrative fee shall be based on the 2014 fee of forty-eight thousand eight hundred forty-one dollars and seventy-six cents ($48,841.76) 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 Adjustment 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 (if approved by City), computed by the United States Department of Labor, Bureau of Labor Statistics and the United State Energy Information Administration (EIA). 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. CWURA423SAO which will have a weight of forty-two (42) percent. 2. The Energy Information Agency (EIA) annual average Natural Gas Transportation Sector Vehicle Fuel Price (NGVFP), not adjusted for inflation, which will have a weight of eight (8) percent. City of Kent and Republic Services II' Contract Page 48 3. The Employment Compensation Cost Index for Private Industry (ECCI), in current dollars, not seasonally adjusted, December 2005=100, for unionized service providing industries, CIU201SO00000510I (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 2013 for the ECCI, and the 2013 12-month averages for the CPI-W and NGVFP. All annual rate adjustments during the Contract period will be calculated based on the weighted average change of the three index values for the most recent year's December/Annual Average relative to the corresponding base reference values. All subsequent years' adjustments will be calculated relative to the index base reference values for December/Annual Average 2013. 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, 2016. The Contractor shall submit to the City for review and approval a Rate Adjustment Statement by February 14th 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 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. City of Kent and Republic Services Contract Page 49 3.3.3 Changes in Disposal 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. 3.4 Changes in Law Changes in federal, state or local laws or regulations or a continuing force majeure event that results in a detrimental change in circumstances or a material hardship for the Contractor in performing this Contract may be the subject of a request by the Contractor for a rate adjustment, subject to review and approval by the City, 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. City of Kent and Republic Services Contract Page 50 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. Liquidated damages are as follows: Action or Omission Amount Collection before or after the hours/days Three hundred dollars ($300) per as specified in Section 2.1.3, or truck route (each truck on each collection other than regular scheduled route is a separate incident). collection day, except as expressly permitted. Repetition of complaints on a route after One Hundred dollars ($100) 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 Five Hundred dollars ($500) per incident. Leakage from Contractor vehicles or Five Hundred dollars ($500) per vehicle contents. vehicle, per inspection, plus clean- up costs. Collection vehicle exceeding existing One thousand dollars ($1,000) per street weight limits. incident. City of Kent and Republic Services Contract Page 51 Action or Omission Amount Failure to collect missed materials within Two hundred and fifty dollars ($ one (1) business day after notification. $250) per 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 Two hundred and fifty dollars service address within a six (6) month ($250) each occurrence. The period. Customer shall be credited for each missed collection during the six (6) month period. Collection as Garbage of Source- Two hundred dollars ($250) per separated Recyclables or Yard & Food incident, up to a maximum of one Waste in clearly identified containers, thousand and five hundred dollars bags or boxes. ($1,500) per truck, per day. Collection of Garbage containing visible Fifty dollars ($50) per incident. quantities of Yard & Food Waste. Rejection of Garbage, Recyclables, or Fifty dollars ($50) per incident. Yard & Food Waste without providing documentation to the Customer of the reason for rejection. Failure to deliver Detachable Containers One Hundred dollars ($100) per to new Commercial Garbage Customers container per day. within three (3) days. Failure to deliver, pick up, or replace One Hundred dollars ($100) per carts, Detachable Containers, or Drop- container per day. box Containers within three (3) days of request to Multifamily Complex or Commercial Customers requesting service. Failure to deliver, pick up, or replace One Hundred dollars ($100) per Garbage, Recycling or Yard & Food container per day. Waste Carts within seven (7) days of request to Single-family Residence Customers requesting service. 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. City of Kent and Republic Services Contract Page 52 i Action or Omission Amount 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 Five hundred dollars ($500) per containers within 24 hours of notice. container/incident, up to maximum of two thousand dollars ($2,000) 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. 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 Two hundred dollars ($250) per Waste complaints made to the City that unresolved complaint. were unresolved by Contractor within one (1) business day after notification. Failure to include instructional and One Hundred dollars ($100) per promotional materials when Garbage, incident. Recycling, and/or Yard & Food Waste Carts are delivered. I 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. City of Kent and Republic Services Contract Page 53 i 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. 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, 2016, 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. i 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 Republic Services Contract Page 54 If the Contractor abandons or violates any portion of this Contract, fails to fully and promptly comply with all its obligations, or fails to give 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 Republic Services Contract Page 55 5. Notices I All notices required or contemplated by this Contract shall be personally served or mailed (postage prepaid and return receipt requested), addressed to the parties as follows: To City: Copy To: Public Works Director Special Projects Manager City of Kent City of Kent 220 4th Ave. S. 220 4th Ave. S. Kent, WA 98032 Kent, WA 98032 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: General Manager Republic Services 22010 76th Ave. S. Kent, WA 98032 Division Controller Republic 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. 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 City of Kent and Republic Services j Contract Page 56 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 i 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. 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. City of Kent and Republic Services Contract Page 57 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 Majeure events or as otherwise provided in this Contract, the Contractor assumes the risk of all conditions, foreseen, and unforeseen, and agrees to continue to provide services under this Contract without additional compensation under whatever circumstances may develop other than as provided herein. 6.4 Insurance The Contractor shall procure and maintain, for the duration of the Contract, insurance 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. 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 City of Kent and Republic Services Contract Page 58 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. 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 City of Kent and Republic Services Contract Page 59 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. 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 Assignment 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 City of Kent and Republic Services Contract Page 60 i 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 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, City of Kent and Republic Services Contract Page 61 i i 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): • 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 City of Kent and Republic Services Contract Page 62 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 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: City of Kent and Republic Services Contract Page 63 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. 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 and the City each agrees to negotiate in good faith with respect to a change requested by the City regarding disposal locations, collection frequency, or with respect to the addition of new services to this Contract. The Contractor may request to renegotiate provisions of this Contract affecting the Contractor's costs of providing service and/or the Contractor's compensation for its services pursuant to this Contract in the event that one or more unanticipated changes in system costs consistently increase the net cost of furnishing services under this Contract by fifty thousand dollars ($50,000) annually. Contractor shall provide full disclosure of existing and proposed costs and operational impacts with respect to any changes to this Contract proposed pursuant City of Kent and Republic Services Contract Page 64 to this Section, provided that no such disclosure shall be required as to trade secret or other confidential information of a party unless disclosure can be made without material risk that the information disclosed will be subject to disclosure under Washington's Public Records Act or otherwise available to the public. This Contract may be amended, altered, renewed, extended or otherwise modified only by a written amendment, alteration, or modification, executed by authorized representatives of the City and the Contractor. A failure by the parties to reach agreement on any provisions of this Contract as to which either party has a right to renegotiate under this Section or under any other Section of this Contract shall not in and of itself give rise to any right of the party requesting renegotiation, or on the part of the other party, to terminate this Contract, nor shall a failure to reach such an agreement otherwise affect the validity or continued enforceability of this Contract. 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 Majeure 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 Majeure 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. 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 City of Kent and Republic Services Contract Page 65 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 KENT r CONTRACTOR By - : _ By: t Its: �' ? Ma. or j Its: Date: /' r r Date: i 6 Atte to ,, Ronald F. ore,,,City Clerk/ Approved as tFor g I Y m Brubaker, City Attorney Attachments: A: Service Area / Future Annexation 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 City of Kent and Republic Services Contract Page 66 i I I I Attachment A i Service Area Map i •, i 1 I i I I �� -- Ww a , _ 31 hhh¢¢¢ I '..l zl sApUP — J s � 1 Lls,e � hC3 } v Y z �� 3 ntl46L _ ppp q g)f j 1 � � sA �s it -.1 1� � ,I i L I � �� �- �"' } _lt� 7— eft+ -1— i�4s .♦ I��d` (>• �� r N J_ jI' s� k S7�LI �_ __ �a All, r � � —IQ 31 3�nb 4 �i`�� t�1�7..... �I 1 � ti_� r Y� " �i,� T �" 14 Sp81o�11 � (7-1 23 F _ 4�fi°_`'` y oil 1—l� ♦Nj� s ntl b ?�cr 1YA �i �� -_i0i�$fyti�rt��y V 6:s `"tt! � "' _�� -i i bled ep LWI �SAble��� N -,a} � kill / %IlkL�N_� piIsom b I> ilk"..I!! �! � , a sus—; ` �J .4__L❑N-7 �I I � `f 1 _:.'i, 1kk- � (� �N � � - I 'N°f � lr bra 'd �I.'��� � t �� .• il� Attachment B Contractor Rates i I Ali c 6611 a m N BAN 7 � II0} 2 w A ONI.W N OJ A mil N � � A tw11.W O O.e'�N ai�F` www Hu Hww.w wwww.www c N W mI V A mrNnJ �.y AN' �+ g fi ww wwViHwu w w wHfA H www tn:.HwM tJ W 'ao W o00 0 o m y wiv'o min 'avow I p _ p O J000 ON O till { � OA N ' V�iA1�0 �.A W � 6 � x - HHHH61www HHww HH N c+ H oo ryQyo pn11 n :, m m �9 � ❑ 3 N A OWN o. 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P g m O m A m m W N W O W m W mN O W NN LL i U U N N U H H H U H N N N U U HN U U U UN H H H W N W U NN H M N H' J tt :I 5 ) N N N U H H O D U N U UNNN N N U N N iq H U H O W O� P j W O W pN V� VyyI�.(mm0 01 1WJ pN1 rN�Op O�,5I m W yN N �mI Gpp pWp (J N W 9ma �'J..W} NY N m I i sA YD ' a N Y O M A i m r aa � e � �t al Ol AS,,,. r{ � �+ DDDD � + + w W W W mmmm mAAAaA W www W �'I B. m W pS' fi is n 'o n n'a 5' F F tQi o o F F . 9 w '3 g K.(« { {< C{<{ g « { { - O J N N N O N ? H > Qj S N N N d N 0 d P 0 N ? N vw � � N �' �' � � m g � a"aaaaaa � �aaaaaaoaa� yyy 3 m Er Nr.� � �'ff R} Q n' FEE o 4 nnnm S S W v ° F 8 'F n' SS :n �` � c c c LYE �'c' '"crc �.. v a �" NF� wav �i2 �io � ��.R ' _ S. a t �`. I it S. S v 3 yg g—g I v W v v o � B I A W N W N + N � •• u r (� w Wp iu m lu pp1 A IOn� QN� b.Q1 !J. WWW p m� V °NI W T pN A OJ1 N W O S G.O S O S S O S S S S O O III..O b N N H N H N H N W N N NN N N H H:.W N N N N N N N N w NH W .Np+ O d }m� a N fNJ 1i tel:FAO pN. A N H N H N H N H.W N H N N N K N N bi N N H N.H H H H NppN N H H N !A H H H (Nnn bIN H W i V O S S O IS S W W W i {T O N O 1b11 O m O # N O tJ In J m W: W W w m Y W b A J O.A l I� N N N N N H N N H N N H H H H(A N H N p N N NH N H N N N H N N N H H H N N fA N N T N N W OI w H N VJ W �J N W [O N W W w W W A Q N O 1" N 4 rG W b bG W T 1� L + NEob + � UbbeN � iaNv :+ in f�. � Fn � mo oaW c I I I I W ryry 6 M O A it ou v a y I c c c O O O O O O fl N W a 0 0 p 0 0 a n n o H owy I cQ Q c c t e �j W p p c c c t c e c c t p eQ voa4g w v 0' v, Frg4g �'4c e c � P g vm v, g Q niiRR 'q na' n n nR nn 04 F' 3 �1 { m h K { 6< < < < < C< Z < <{ {< < < < < { < < < K < [i n n 'o R'. yi q v v u m v v m m o ."aaaQ_a aa � a4,ma � "a aaaaaaaaaaaa �1 n ih 5 1]CE 5f F F A N 1 A W + W N y y N O O O O O O O O O O O O O O O 191.1 (p9I N N (q1 tVn W o 0 o W (yy(..11 A NmNm W N W iJ N i V W W y OI N W + m u A 2 W tJ + O W y N N N W T tO + W V1 V A W � �➢ L4 H H H N H H H W W W W p N Hy N N H H Hy N H N H H N N f HJ N N H N H H H H H H H H N H H H H N H U pW� + V W ONI rp W i OI O V g NN T pf y y V W y N O WW + p ff,�11 y U A PP H H N N H H H H Vl VI w bl N H N H 6l H H H H H H H H (R H H b H N N H N1 N H H fn H H H H H N H H H W ".., jJ � q < + W N W w A f0 m y W G A In 01 V W V O N VI V O A W N OI V O U W A O A V !D O A W W O O o b G 4f V O y G1 -� W U W �p t0 VV ttpp y P J N P V b W W N UN G A J.O N N V OI W O W W N Oi +I W N A � O A y W W A U WA V A N O N N N N W V O V 10 O N H N N M H los N H Am W N(/�41 N V W A N 3 N O W 1 ryA ' ry5. 4 N � N i A l zg zg z o < < ( < 29, 092 a z o o R e & p8a �� 88 $ a. a "a �a 33� 5$3L3g 9g 13. 333 "snuag34 saa � g �. 4 o N � sa "sn � '', as $ ao m aa � gg $ a aaaMUM aaaa � aaaa ' � � xx8 � aa � � i NNNww p� 9 Q� 41N � 7 gmem nn�' N . . . . . . . . . . N N N N N N M J J V Y V Y Y m m OO O O m y fph pO N pN.A ~ b N N 1J11 N N N VJI N (O V N W m p�b b IW11 Nb N N N N N H C N S N N N w N N N N N N w N N... . N N N N N N N N N N N W !n b N + N j VA N fQ b N W A + � oN O r! A N J J u1 W W J O O O O o 01 W + N IJ p N N 0 0 Y O N N V N V N W W W W N N b V V V V V O O O O O I M N H N N N N N N N N N N N N N N N N N NNN N 1 1 N N N N N N N N N N N a en i 1 N N N NNN M N N N W NNNNN N OF. pW� N OI O O N N .i sii N N N NNNNN NH N N S S NO i N I o i A � W �{ a a� I svigil, I ti m- a I i i i a N Y IJ O A Attachment C Annual Rate Adjustment Examples i i I `r 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 2016 - March 2017 (2016/17) Rates Inflation 2 113 2 115 % 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 (3] 110.0 120.0 .0909 50% .04545 Weighted Index (total of weighted average of three components Example: 2014/15 32-Gallon Cart Collection (collection component) Fee: $17.09 * 2016/17 Adjustment Weighted Index (recalculated as above): 1.0860 2016/17 32-Gallon Cart Collection (collection component) Fee: $18.56 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) US Energy Information Agency Natural Gas Prices, Transportation Sector, Vehicle Fuel Price (annual nominal), (weight of 8%) I. [3] December Employment Total Compensation Cost Index for Private Industry, Unionized Service-Providing Industries, Series ID No. CIU201SO000005101 (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 i i i II Attachment D City Facilities & Parks List I f I i I I I I Attachment D City Facilities and Parks Site Add.N 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 3/wk 1-96 gal .5/wk Centennial Center 400 West Gowe 1-4 yd 3/wk 1-4 yd 3/wk 2-96 gal .5/wk I Police Dept. 232 4th Ave.5 1-3 yd 2/wk 2-96 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 2-96 gal .5/wk r Shops 12607 SE 248th St. 1-8 yd 2/wk 1-8 yd EOW NA NA Kent Memorial Park 850 Central Ave.N 1-3 yd 2/wk NA NA NA NA Wilson Playfield 13208 SE 251st 1-8 yd weekly 1-6 yd weekly NA NA Service Club 8allfleld 14608 SE 288th St. 1-8yd weekly 1-6 yd weekly NA NA '.. I Fire Dept.#74 24611 116th Ave.S 1-3 yd 2/wk 1-4 yd 2/wk NA NA Fire Dept.#74 24611 316th Ave.S. 1.4 yd 1/wk NA NA NA NA GRNRA 22306 Russell Road 96 gal weekly 1-96 gal weekly NA NA Kent Corrections Fac. 1230 Central Ave,S 1-4 yd 3/wk 1-3 yd - 2/wk 10-96 gal .5/wk i Corrections Annex 8323 S.259th St. 1-2 yd weekly NA NA 1-2 yd 1/wk Downtown Malnt.Shop 5821 5,240th 1-6 yd 2/wk 2-6 yd weekly NA NA i Rlverbend 18-hale 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 1-96 gal weekly NA NA NA NA Updated 11-30-25 i Attachment E �I City Street Container List i i I I i i i i Attachment E City Street Cans Location Details Downtown core area: (3 x week collection) approximate location 1. W. Titus & 2"d Ave. SW corner 2. W. Titus & 1st Ave. SE corner 3. W. Gowe & 1st Ave. SW corner 4. On 1st Ave. between W. Gowe & W. Meeker mid-block j 5. W. Meeker & Railroad Ave. N. SE corner 6. W. Meeker & Railroad Ave. N. NE corner 7. W. Meeker & 1st Ave. NE corner 8. On W. Meeker between 1st Ave. & 2"d Ave. north side, mid-block 9. On W. Meeker between 1st Ave. & 2"d Ave. south side, west of 1st Ave. 10. W. Meeker and 2"d 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 mtd-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 j 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. & 2"d Ave. mid-block by W. bldg entrance 21. On W. Harrison between 4th Ave. & 2"d 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. 2"d 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. & 2"d Ave. Bus stop at 325 W. Gowe I i I I Attachment F I Insurance Requirements r ii i i Attachment F r. . i INSURANCE REQUIREMENTS FOR WASTE HAULING CONTRACTS 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. Automob ile 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 farm 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 1185. i 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's Pollution Liability insurance coverage ("occurrence" form) covering any claim for bodily injury, personal Injury, property damage, cleanup costs and legal defense expense applying to all work performed under the contract. 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 Llabll(ty Insurance shall be written with limits no less than $3,000,000 each occurrence, $5,000,000 I j i i P. 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 subject to all of the same insurance requirements as stated herein for the Contractor. j I i II I q ® DATE(MM/)D/YYYY) i"3R® CERTIFICATE OF LIABILITY INSURANCE Pagel oft 06/16/2015 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 policy(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 endorsements. PRODUCER CONTACT NAME: CANNON COCHRAN MANAGEMENT SERVICES,INC. PHONE(A/C Nc.Ext): FAX(A/C No.Ext): 17015 N.SCOTTSDALE RD. E-MAIL ADI)RESS:ceillficateteam@ccmsi.com SCOTTSDALE,AZ 85255 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: ACE American Insurance Company 22667 INSURED INSURER 6: Indemnity Insurance Company of NA 43575 REPUBLIC SERVICES,INC. INSURER c: ACE Fire Underwriters 20702 18500 N.ALLIED WAY INSURER D: Illinois Union Insurance Company 27960 PHOENIX,AZ 85054 INSURER E: National Liabill &Fire Insurance Co 20052 INSURER F: ACE Property&Casualty Insurance Co 20699 COVERAGES CERTIFICATE NUMBER:840326 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MMIDDNYY13 (MM/DDIYYYI3 A GENERAL LIABILITY HDO G27394425 06130/2015 06/3012016 EACH OCCURRENCE $5,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CLAIMS-MADE M OCCUR PREMISES(Ea occurrence) $51000,000 MED EXP(Anyone person) PERSONAL&ADV INJURY S 5,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $5,000,000 POLICY PROJECT F�LOG PRODUCTS-COMP/OP AGG $5,000,000 AAUTOMOBILE LIABILITY ISA H08857799 06/30/2015 06/3012016 COMBINED SINGLE LIMIT ATNYAUTO (Ea accident) $5,000,000 X M ALL OWNED 0 SCHEDULED BODILY INJURY(Per person) AUTOS AUTOS BODILY INJURY(Per accident) X HIREDAUTOS [UNON-OWNED AUTOS PROPERTY DAMAGE (Per accident MBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ B WORKERS COMPENSATION Y/N N/A WLR C48152351-AOS 06/30/2015 06/30/2016 X VIC STATU. OTHER AND EMPLOYERS'LIABILITY WLR C48152363-CA/MA 06/30/2015 06/30/2016 TORY LIMITS A SCF C48152375-W 06/30/2015 06/3012016 E.L,EACH ACCIDENT $3,000,000 NV PROPRIETOR/EXCLUDR/E%ECUTIVE O FFICERM,EMBER EXCLUDED? WCU C48152387-OH XS 06l30/2015 06/30l2016 E.L.DISEASE-FA EMPLOYEE $3,000,000 A (Mandatory in NH) TNS 048136254-TX INS 06130/2015 06/3012016 E.L.DISEASE-POLICY LIMIT $3,000,000 D If yes,describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS f 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 _ United States ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: AC®RV ADDITIONAL REMARKS SCHEDULE Page 2 of d+/ 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 TITLE: 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. j 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. j 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(#TNS C48136254)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. Separation of Insured(Cross Liability)coverage is provided to the Additional Insured,when required by written contract,per the Conditions of the Commercial General Liability Coverage form. 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) ©1988-2010 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Attachment G Resolution 1806 City of Kent Identity Theft Prevention Program I I Resolution . 1806 (Amending or Repealing Resolutions l t CFN = 104- Finance Passed — 4/21/2009 Identity Theft Prevention Program- Red Flag Rules i Y ' i i I 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 11 2009, In order to give creditors additional time during. which to develop and Implement a conforming program. I C. In meeting Its obligations under the Red Flag Rules, staff prepared an Identity Theft Prevention Program In the form attached and 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. j NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KEP:i', WASHINGTON, DOES HERESY RESOLVE AS FOLLOWS; I RESOLUTION SECTION 1. — Proaram dQptiOn The identity Theft Prevention Program, attached and incorporated as.Exhlbit A, is hereby approved by the Kent City Council and adapted 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. — Authorlo on and Directlon. 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 2 Identity Theft Prevention Program - Red Flag Rules I i I i ATTEST: BRENDA JACOBER, C LERK APPROVED 7 RM: ` i U ER, MY AITORNEY i i hereby certify that this Is a true and correct copy of Resolution No. I?d� passed by the City Council of the City of Kent, Washington, the day of April, 2009. j BRENDAJACOBER, CLERK P1CMMlsoltlon\RMFlepiwlesResolulbMdopdnpProyranLdoe i I 1 4 Identity Theft Prevention Program - Red Flag Rules KENT CITY OF KENT IDENTITY THEFT PREVENTION PROGRAM (RED FLAG PROGRAM) Effective Beginning May 11 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. / 3' 0 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 j 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 KEW RED FLAG IDENTITY THEFT PREVENTION PROGRAM Vemlon Apd121,2009 I I (ill) Unique electronic Identification number, address, or routing code; or (;v) 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 tmin appropriate staff to recognize these Red Flags for those accounts subject to the Red Flag Rules as they are encountered in the ordinary course of City business A. Red Flags Related to Alerts Notifications and Warnings from Credlt Reporting Agencies i I 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. K Red Flags Related to Suspicious 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 j the document; -3- i CITY OF KENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM Version April 21,2009 j � II 5. Notice to the City that a customer is not receiving mall 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 S. Unauthorized access to or use of customer account information. E. Red Flans.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 wired 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 S. 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 RENT RED FLAG IDENTITY THEFT PREVENTION PROGRAM version April21,Zoos 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. V%. PROGRAM A®MINISTRATIOtV A. Overslah . 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 i 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 j the Program, and i _y_ CITY OF KENT RED FLAG IDENTIFY THEFT PREVENTION PROGRAM Version April 21,1©09 i Attachment H Contractor Collection Vehicle Specifications l i I I i I i_. I i it I Attachment H Contractor Collection Vehicle Specifications I I * I 1. _ I MT F o 7 - _ F Mcl_Veilus , _ _ -_ - ='_5Vect 5innrt SEicrik Ynuglr. C _ L k y t ! i t _ 4h•Y fG���C � 4b} F)�3Ys GSYfi���fE7�( � � fR' ��YN EI �� r:a ;t s � ���^ �� f� � �^ S I '✓4:�!"1� � 'N^e tT d Pt"X� t� %�s y �� n�1hY liefi.J 3d 5i x j �(�•2• ki:f !-_�-0 N.s Y- - Tlie MnnuattArita)flnta�l Side tuatleY trGck haslhe most maQvatfve�gd)i�g Ili�tlfgtsoi ptAtf�sti[�R an thiIarkat It bants the flexdttl)ty#a pick>ip jnanual,send an#ainatpd,ar tQlly adtdtpatvtl rout S (t I n t nos pn autoa�pled tra€rter aii can be used as a ro�gt i cleanup truck fae aay refit,s)dpg.autamatad mots,4Vitll srh a(t gpsrallap and bna button it"a. X ;plekap,this iCiicic hatCdlas cans of almosk aDy s)ze - Y t�) ,,�,.r r }�, y a r u, 'v f� it s � s , �zm /sr tiS✓r f M✓r t I -tt r 7- f Lfi'""''1 it k`s ! NrA�'` 6thl� _+Y�Kr t yl�w�.q!^ r{Y/dvisJis)jf,x�tr ti k.2t - 'T s 1'F n b 9� `e pf�ry`t s P! ir<s�, ��rr�'"a'Yi�lti tii pf'p i�`4 11 .} o�+ r.,�'�xs�i� �„C�: Vl n �I)r✓S f� f x t�S f � r ,�! f C CC.hF y� �%�•6 1f 1 / q - �}?' '• � \ ! U r "2 i. 3 S n y.� f 7 > 'sll S�1M✓5���>h y ��4jrF �' a�6 �$n)ryrh'dj`S r(4' (Y)�r <(� f 1!F � 2 rn 5 � fx Y�.r��)� '}:G 4's Sx') �{,A vl',}9 �hC� ���✓i/r�tli��y���Y���rl ';, �� a f sd t 4 ;•" i /s o r ✓'nr� �h'a S, k S. t�3� *W a§� ,S� Y rv, Y{ `�{� � <1tif'u5.3fo- "? Z'� 'n� v 1if � SY2Sf S1 � �P �x�' o.�SN of '� Gir r Yam. Y FjF am N"so E t t y. 4f NE 11.7 S Iu t _ j s r ` � + - � x t :mot, F £ g.t�"-�r 5.•-�- �.k�'r , QL^flr�r�'jS�FI t t f II rr �?,5(vl)uriJ��rli��>z'rr{�'9!✓/v x� a 3,�f�yr� {,a;A �/� i�#y�Y b r �i 1. - 1�Y1 j��-1f�.(�/�5r ✓�(_..d'iz���)k. Y�✓�l r/Ir� 'F/�vf'Y.�� )��V�i�{t�.�1 T/✓����u/i�r��Y(L kt 5 h _ W ) } 11 l y { t n I i I I t BODY SPECIFICAT16NS PERFORMANCE Fluor:10-gauge AR200 s-10 second dump cycle depending on reach regulrement Hoof: 11-gauge AR206 ,Side Walls:ll.gauge AR200 HARDWARE - I . . _ -• :Weaulor Palr and DeutseH•C6nnoctors. - TAILGATE Aeragalp doses and fittings 'Slde and Rear Wails:1118V AR450 'Rydra2erlr and StauH clamps 2inadiohromate.ocated hydraullo lines f HOPPER Hopperfloor..0/16"0RD 50 CONTAINER CAPACITY* •Waar Area:1/4"AR Herdox 400 Siralgh't Fingers:19-96 gal 'Hopper Assist Panel;3/16"AR200 ^Slaadard Fingers:18-110 gal Wooded Fingers:1B-:35p,gal PACKER 'ClvW Ilrt"Y61Y14(foA6e m ell lel"Aei•IW. Ofnt I$eoepinR,qu'peeM1 nmr,cla •Pecking Face:1/4"AR200. PAINTING - •Wtar Strips:X-Mor and AR400 •Follower Panel:3/16"AR200 Packer steel shot-blasted prior to priming with Akzo Coatlprs hlglbsoltds epoxy primer And acrylic urethane I ARM OTHER. OPTIONS AVAILABLE •Grabber Ground clearance:i0" •Aria Reach;6' Hopper Work lights - •Strobe tight VHASSIS REQUIREMENTS* Cninera•nssfsfllillits 1WR: 18,00016,p)tp,Iront,40gQ0ihlnlnrear. ._ .-_---.-.-- _._ etersop stead Row ;After Frame 80"min Clear cost coat �a.lncn"anrmr::wwrwnn I rl yw�ebwrrPron . Fireextingrdshor/bracket AuxillorY axles(cell for application) HYDRAULICS Camera systems—single,dual,and triple PumpMoke/Model;Parker P350 Isidore pump with HOG end Rjud flops 4-front and/or mat Pack-on•tho-go flaw control system t Decals(call for pricing) Control Valves:PatWVA35 Plastio shovel Packer Valve:VA36x2 Work sections—pneumadc operating edth Toolbox pm•coalasokrg low Paint colors Amf Volvo:Parker P70 x B work 590000_olN*00110 010 01 0 0)I3 Oil Reservoir:50 gallons Flltat:7 Parker 100 mesh suction filter Packer 101nloron medium-pressure return 1410 CYLINDERS .•Packer 4"bare x 3".rod x 39412u stroke Ann In/Out;2"Here x 1.1/4"rod X 674 stroke , t Orabbar;2"bora x 1"and x t14/4"spoke •Tallgate:2.1/2"bore x 14/2'led x as'stroke •Body Llft(tblescoping):6-1/2'bore x 34/2"rod(3rd stage)x 170"stroke Hopper Assist:3"b9re x 2"rod x IV stroke I I tlshNMh lefd tt6e's.rod 6 demmkof 00606h CJerp�+'nr40,1,%k jj Rd in* 1,M�USA An OW bQ0 'afeulfww oUrd lg rIW Ito dM&A are Pn MWA cr1nVwsPd Ifo;BAM,9 CenIM,bIN,USA un mma Mc.� Weight Distribution 61972009 Page 1 of 3 Re uestor: M.Tucker l. Customer;.Refuse Sales-CNG MA q, t Autocar ACX Preparer: N Burgess 08/19/2009 28 Yard Streetforce MA "' VIN: Payload Total: 18,538 (662 Ibstyd) Notes: Estimated Chassis Weight from spec„CNO fuel system added .. Driver and drop frame conversion sdllad !- i Number of Axles: 3 ...Number of RearAxies: 2 AuxlllaryAxles: Descrliption Distance Weight CG Force Pusher❑ 0.00 0.00 0.00 0.00 .Tag 0, 0.00 0.00 0.00,.• -,.0.00 Weightsummary Front Axle Rear Axle' Tandem Pusher Tandem•. . Tag . Rear Group Gross , Rating 20,000.0 40,000.0 ' ' 4G,'000.0 Bridge Law M$x Weight 20,000.0 34,000.0 34,000.0 62,600.0 Chassis&Options Weight Iq,584.7 5,577.3 5,677.3 16,162,0 Body&Options Weight "7,085.9 10,714.1 10,714.1• 17,800.0 TARtWelght 17,670.6 16,291.4 16,29M. 33,962.0 Payload Weight 1,034.1 m® . . 17,603.9 s 17,503.9., 18,538A ; v� Total Weight 18,704.7,. 0.0� 33,795.3 0.0 33,795.3 r 52,500:0 Welght% 35.6% 0.0% 64.4% 0.0% 64.4%" 100.0% ' Bridge Law Gompllant7 Compliant Compliant Compliant Compliant • finches . . 242.00 A:Wheelbase .• -10.00 B:Back otCeb to.Cenlei of FrontMe 67.60 C:Back of&a to Frar>td€Body '64.oD D:Rear Tandem Spread .. MOD E:Center of Tandem or Center of Single ' Axle to PushprA:de D.00 F:center of Tandem or center or single Axle to TONder. i i J_ Note: Body and chassis weights are Informational and eubjact to change.Payload ponligundlons ate appriodmate due to Uadatlons ki payload content and consistency.under no circumstance does McNellus guarantee payload due to these v®debies. _ i i AIrcNeiius Weig i t Distribution - 08/1912009 ' Page 2 of 3 .. . . �\ Inches Feet • CG 1Nelghf Weight GAO Outer Bddge: 269 22 Chassis Total: 84.4 15,462 Body: 16,000.00 79.97 Rear lnner'Bddge: 64 6 Chassis Front, 0.0 10,070 Payload: _ 18,638.00 171.00 Front Tandem Bddge: D 0 Chassls Rear. 242.0 6,392 Rear Tandem Bridge: 54 5 Chassis Options Total: 64.1 7,00 Body Total: 137.6 16,000 Body Options Total: 218.5 -' 1,800^ ' .. .Tag: 0.0 •. 0 . Pusher. 0.0 0 Payload:' 228.E ` 18,638 . . . ; 52,600 i Center of Gravlty SumMary' Front of Body Location from Front Axle "67.6 Wheelbase 242.0 Actual Back of Cab to Rear Axlerrandem 262.0,Chassis Body Pavload Bodv+payload CG 83.5. 88.2 171.0 130.4 Weight 16,162 17,800 18,638 36.338 Auxlllary Axle Effects Front Pusher Rear Tag • Total Chassis 10,585 WA 5,577 NIA 18,162 • Body .' 7,086 WA 1D,714 NIA -.17,800 - Pusher Up, D UP 06 UP 0 �. Tag Up 0 UP 0 UP 0 •Tare Welght• 17.671 UP 16,291 UP 33,962 �. C Paytosd ... 1,034 NIA. 17,604 WA- 16,638- - \� Total AtbcMes Up '18,705 UP 33,795 s UP 52,600 - .Pusher Down' •' 0 0 - 0 N/A 0 •... Tag Down . 0 NIA 0 0 0 Net Pusher Down 0 0 0 NIA 0 Net Tag Down 0 NIA 0 0 0 Total Aux Mas Down 18,705' 0 33,796 0 62,600 li Base Chassis Weight: 46,462 I ICI Chassis Options Drop Frame Estimate. Mom 100.00 � Ddver 200,00 ' -26.80 Totals: 700.00 :64.06, Total Chassis Weight with Options: 18,162'' . Body Optians i Body OotlonDescription WeLr - Roof Mounted CNG 1.800.00 161.00 Totals: 1,60o.Do 161.00 Total Body Weightwlth Options: 17,800 + Note: Body and chassis wglghts are Informational and subject to change.Payload configurations are approximate due to vailations in paylad content and consistency.Umlif no clicuinitance,does McNallua guarantee payload due to these variables. " McNei u Weight Distribution 03M9l2009 .Page 3 of 3 Maximum Axle Loading Warming; Body and chassis welghla ere Informational end subJect to change.Payload conggureflons a e approx mate due [to variations In payload content and consistency.Under no circumstance does McNeilus guarantee payload due to these variables. Bridge I,aw Alternative Compliant Loading Payload Weight: 18,538.00 25,109.00 h pbs/yard)' 682 897 Pusher Force: 0.00 0.00 Tag Force: 0,00 0.00 j I Front Axis Rear Axle Axis Weights Tandem Pusher Tandem Tag Rear Group Gross Axle Rating 20,000 40,000 Bridge Law Compliant 18,705 0 33.795 0 33,795 52,600 Alternative Loading 19,071 0 40,000 0 40,000 69,071 Customer accepts this weight distribution and payload for this vehicle. Signature; i Sod and chassis weights are Informational and sa ectto change.Payload configurations area rotdmala due to variations in Note: Y g ir rm • pP payload content and consistency.Under no circumstance does McNeilus guarantee payload due to these variables. j _ c 3ti t = F = • ir�rtnrer��5. _ - _ ,. -\ S(MetSmatt street 7oergrl ; x - ry e zF ` —a", pyll[Coranychallenge The eNeilus PacifcSene Frontlnader i..... vergliE cE�feffr�it ly gotTi dui (3i[o � c rTfl s ; four andCunoifonanal�sis,�teaddedstrengthwiteYeiEWas[egWYcQan[jUs�d+li�6terinalen�Is���elt�s�ip��1�rF � �` � , xx " l E'Isry a gm-, {✓ ,L+ Y s/'y Wfk nl t/ + 9< 'a6e %' o Y. , � I ,�1� f � %h S �� Trm �"` t t�t f �4`.f� t— + II�� MIA(-/ if t"+ t4�9 � yI/ K y- Sfar zxL . Ti � 1 � 4 :.,irr {Mf•1 rt $ 5 -. � � -.�� F `"��` "�< y �r i-t_y 3� �"�8 ' ,f -sty g S � — 3 t a i I I ,l BODY SPECIFICATIONS CYLINDERS Body Floor:LO Gauge AR200 Ejector Cylinder:5-1/21.'x W Rod Sim 102°Straka -so .q Sides-Fitst Section:1181,AR460 Arm Cylinder.4-1/2+Rbrex24/21 Rol Size i 46"Stroke_, Body Skloa Second and Third Sections;10 Gauge AR200 No Cushion(Decel Valve) Body Roof;0 Gauge AR200 Fork Cylinder:3"Dora x W/4"Rod Site x 20'Stroke_ Gab ShIaW 14'Gaugo GRO 50 HigirStrength Steel' •Tailgato cyilnder 24/2"Bore x 14/2"Rod Size x 38"Stroke. H+3OPEIt SPECIFICATIONS HARDWARE flower Hopper Sldosl$/16"AR400 Mettler Pak Connector-Dautsc0'Connecters •Upper Hopper Silos:id Oaege A54A'A5T2 GRb 60 High St angth Steel Aetngdlp Hoses and Fittings Hydra-Zarb and Stauff Clamps l 'Hopper Floor.L/4"AR4DO •Hitr Supporh 14 Gauge AM A572 GRD 50 Rlgh�Strength Steel OPERATIONS gloeg Crossmembers:3"x 3"x 1/8"High Strength SteetTvbo 10ommand Zone"-H.Conteols PACKER/EJECTOR SPECIFICATIONS MCNEILUS WARRANTIES Lower Packing Face;114"AR200 •Cylloders:5 year lindied warranty from date of delivery Face Support:3/8`ASTM A36 Steel -Hydmulle Pump and Valves:2 years from date of delivery Packing Panel FloofTracltsyi/4"ASTM A666 GRO.80 High Strength Steal :Recker Unit 6 months from data of delivery Top Mar Strips:3/8'AR400 Bottom Wear Strips:3/8"%-wosr PAINTING Sld y Waaf Strips:i/4"AR400 packer and compohanN steel chdt blotted prior to priming with Sides:l0 Gauge GRD 50 High Strength Steel Akzo Coatings high solids epoxy primer end acrylle Urethane TAILGATE SPECIFICATIONS OTHER OPTIONS AVA1LAeL�: ,Tailgate Rearand Side Walls:1/811 AR460/10 GaugoASTM A807 ORD 60 High .1 Hopper Work tight Strength Steel •2 Hopper Work ughts -.Tailgate LocktngToaft 14/41!ASTM AN Mild Steel •Strube tlgMs +Tailgate Seal:Extends 44" Tfapatoldol Lights FNe-Point Athmatic toNdng Bustle Tailgate •catliera-Asslst Lights ,,Body Wngitudinalr. 10 Gauge ASTM A60109D 50 High Strength Steel •Body Paint (formed channel) •Cab Point •Peterson Smart Lights ARM ASSEMBLY •Clear coat ,Arm Construction:9%16"ASTM ASH GRD SD High Strength Steel +Ffre Ungotshei/Bracket wfth'3/8"ASTM A514 T-1 Flanges(100,000 PSI yholl) -Auxlitary Axes-Can forAppll08000 •Ann Lylinder hlcurlis;ASTM ASH,3/16"GRD 80 High Strength Steel •Camera Systems-Single,Dual end Triple i'AOn Tbyque Thber 5.1/4+00 with 1/21,Wall Thickness Mud Flaps-Front and/or Rear •3-ArmTotque Tube Pillow Blocks with NylotmnBushing •Docols-Call for Pricing Plastic Shdrel FORK ASSEMBLY 081.1 fool Box •Fork Torque Tube Construction:ASTM A613 Type S. +Fork Tome We:411 OD with 3/Br Wzll Thickness(DO69 round tuba) e Fork Tine Construction:1-1/4"ASTM A36 Mild Steel HYDRAULICS •Pump Make/Model:parker P365 Pump.Size:14/2" Pump Flow:48 gpm 01360 RPIA +Control Valves:.Parker VA38,MRV Setting-2500 psl •CII Rasarxolr:60 Gallons •Piper:Parker 40 CN +Su40en Stralnen IOD Niesh Stainless Steel with ptagnats OAClarsr4uM Nldfkinnnid. h:0lkdlu+lira CAiie,phu,ke0ip§nlbn e+RP.'"a •N,30W"w 60 Wr1an 10(e m Ietldand Y A A M..4e1104 bw,•swa+emlt W. a1�r+nd Sw1 n r fnd:,nmk"I O+eVn4 L0c1 engr"la5 edJueh 67.MM1n h+denWs ve tb p00mry of IreA ilcp+nAe mmimx rAclFlgt ajar McNeilus Weight Distribution 68/14/2009 Page 1 of 3 I I ( ( Customer: 4086 Autocar 320 CNG Requestor. M.tucker AutoCar ACX Preparer: M Holden 08/14/2009 40 Yard Pacific(3116) VIN: i Payload Total: 20,740 (519 Ibslyd) Notes: Number of Axles:' 4 Number of Rear Axles: 3 Auxiliary Axles: Descriollo IDistance Weld CG Force Pusher❑ 0.00 0.00 0.00 0.00 C Tag W Hendrickson Composilite ST 275170R22.5 79.00 1,131.00 4.00 9,000.00 Weight Summary Front Axle Rear Axis Tandem Pusher Tandem Tag Rear Group Gross Rating 20,000.0 40,000.0 40,000.'0 Bridge Law Max Weight 20,000.0 34.000.0 42,000.0 87,600.0 --------------- --------- Chassis&Options Weight 10,149.0 6,178.0 6,178.0 16,327.0 Body&Options Weight 6,165.7 13,134.3 13,134.3 19,300.0 TARE Weight 15,870.6 20,887.4 20,887A 36,768.0 Payload Weight -1,791.7 22,631.7 22,631.7 20,740.0 -------------------------------- Total Weight 17,B01.4 0.0 30,696.6 9,000.0 39,696.6 ' 57,498.0 Weight% 31.0% 0.0% 53.4% 15.7% 69.0% 100.0% Bridge Law Compliant? Compliant Compliant Compliant Compliant i inches 191.00 A:Wheelbase 0.0o B:Back of Cab to Center of Front Axis 31.50 C:Back of Cab to Front of Body. - 64.00 D:Rear Tandem Spread omo E:center of Tandem or Center of Single Axle to Pusher Axle 79.00 F:Center ofTendemor Center ofSingle Axle to Tag Axle r o w-F-• -M - A ( Note: Body and chassis weights are informational and subject to change.Payload configurations are approx(n mite due to varia0ons In payload content and consistency.Under no circumstance does McNetlus guarantee payload due to these variables. McNeilus Weight Distribution 08/1412009 Page 2 of 3 Inches Feet _ - CG Weight Weignl CG ;n_ Outer Bridge: 270 23 Chassis Total: 72.3 16,327 Body: 17,500.OD 90.20 Rear Inner Bridge: 106 9 Chassis Front: 0.0 10,149 Payload: 20,740.00 176.00 Front Tandem Bridge: 0 0 Chessls Rear.. 191.0 6,178 - - Rear Tandem Bridge: 64 5 Chassis Options Total: D.0 0 Body Total: 121.7 17,600 - BodyOptionsTotal: ` 210.5 1,800 . ._ ...'Tag: - 266.0 - 1,131 Pusher. 0.0 0 Payload: 207.5 20,740 57,498 Center of Gravity Summary Front of Body Location from Front Axle 31.5 ! III Wheelbase 191.0 Actual Back of Cab to Rear Axlefrandem 191.0 Chassis Bodv Payload Bodv+Pavload CG 84.8 98.5 176.0 138.6 Weight 17,458 19,300 20,740 40,040 Auxiliary Axis Effects Front Pusher Rear Tag Total I Chassis 10,149 N/A 6,178 N/A 16,327 Body 6,166 NIA 13,134 WA 19,300 Pusher Up 0 UP 0 UP 0 Tag Up 444 - UP 1,575 UP 1,131 Tare,Wrlght, ...... ..15,871, ..- 11P.,_..__..._.20,t387 . UF?, . -. 36,758 ., ,.. i Payload -1,792 NIA 22,632 NIA 20,740 Total Aux Axles Up 14,079 UP 43,419 UP 57,498 Pusher Down 0 0 0 WA 0 Tag Down .3,723 NIA -12,723 9,000 0 Net Pusher Down 0 0 0 N/A 0 Net Tag Down 3,278 N/A 11,147 9,000 1,131 Total Aux Axles Down 17,601 0 30;697 9,O00 57.496 Base Chassis Weight: 16,327 _ Chassis Options Total Chassis Welght with Options: .17,468 Body Options Body Option Description Wetpht CG i Roof Mounted CNG system 1;600.00 170.00 Totals: 1,800.00 179.00 Total Body Welght with Options: 19,300 Note: Body and chassls welghts are Infonnallonal and subject to change.Payload configurations are approximate due to variations In payload content and consistency.Under no circumstance does MoNeilus guarantee payload due to these variables. i McNeilus Weight Distribution 08/14/2009 Page 3 of 3 i Maximum Axie Loading ..... ..... ... . ...... ... ............. . . . .__ ons are approx mate duo ts are ormetion Warning: variations In payloadchassisf hwntent and consistency.Under no cl cumstance dos MoNellos guarantee payload dueto i to these variables. i - —............. i Bridge Law Alternative Compliant , Loading Payload Weight 20,740,00 30,600.00 (lbstyard) 519 765 Pusher Force: 0.00 0.00 Tag Force: 9,600.00 10,000.00 j Front Axle Rear Axle Axle Welohts Tandem Pusher Tandem Tag Rear Group' Gross i Axle Rating 20,000 40,000 Bridge Law Compliant 17,801 '0 30,697 91000 39,697 57,498 C Pitemat Iva Load ing 17,363 0 39,995 10,000 49,995 67,358 Customer accepts this vielght distribution and payload for this vehlcle. Signature: • i I I - i • j ' I i Note: 9ody 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 McNellus guarantee payload due to these variables, 3 _ S C = T � � k Ff IF ice al `�.� £r - i gtc '.:x £' d si'•*SCjL x Y_it�f id� }� .{' �{ IF _ z 4 —�-p' g-gart . —R 3. ' a r r s a sy. ,&+ ' - �"->i .zy'#i-T dta= 1 P s'� 9. -�`� 'siz •1 -# I„ve - xn �4Y aI� -.4 ��'�� F}y. 3 _ g 13 rti �! I � `.a� L ✓3'^Y t 1`y"v �+�3 sxg°t ��5tt: ' c >_ sc'• # -,i }y Y C.-i ) v.s- 7 xs FY ar�' tz .'a� 'z �. v a { 2 s t - d} +-FT t s.shv '1.:i .. at-F - f a ay{ Y t: _Y_.`f 33 ♦ s a A 3 x > v 3 } ° a � g .� �'gl " C stfz� 6f`ia5, Y �� ; {'S S•,fJ �} t t yr LC L - "2 A�1'Ynl"1� �-y S { x1�i� �: 4 - i��`� ,�..s `�,.t:c `�"ti y eL yx� y�i ;:.sue �h�♦��{ ��� .2 µ�s.s�T �;�3 +� �a .�s 3 F .10 IF � S Equ}plaed t0 meet the clialler7ge afi#hefVvorlds erUlronrkal ireed�sx ;° F R 3a 'X i EM H 76r Waste, Recycling and Material Handling `Equipment r� The new`global economy hex A Solid Reputation The Resources To Meet brought giowth htzd prosperity Galbreath h The Challeue 9 Jigs a solid repute- to out Harlon and much of the flan for quality products and With several rnatnrfacturink plants and world.Witliprosperityy comes. stroke.Because of our expert a national dcalernetwork�located A better quality of life for all of ise,resources,manufacturing throughout North Anictica, Galbreath us,It also produces more waste,As our Capacities,and strengths,we achieve a cost-effectively supplies customers from. world strugglos with tills grooving: higher lowd ofproduct excellence and coast to coast. Over a quarter ofa. epvironmcntal pro)lem,Galbreath is customer satisfaction,That's shy we uniquely q iuely penge, comers than positioned to meet the lohr core for ow cus- W WGalbr'eath's englneering capabilities are unmatched in the industry.Every product we make is designed from the pr. g ground rip by expert engineers who million square her of production know whit our custamers need to get capacity arc manned by approximately the jo6'ddneaVith stub a complete 350 employees, cnsuting that our Today,Galbreath is one of North range of waste anti material.haridling Americas Mrorners receive their equipment leading waste equipment man- promptlyutacompeticiveprice. ; acr<trers•We do.more than just.trl tl a .... .: =may K equipment,'though.�fe provide our Furthermore we make[t easy to do customers with solutions to their most s.. . business with us, Our financial services division will help you purehasa our challenging waste handling problems, products with custotn-tailored financing packages than accommodate your business cycle and revenue stream. By combining;our experience and - products,Galbreath serves all facers of resources,we are able to meet.the waste v xs the waste:industry as the single source induste}%s present and€ntum needs for so for top performing equipment, better,more cificieiit solutions to rho challenges it faces. v l4P e S � 1 l Products For Every Application reath matwfacttues acomplete line ofy ste handling and tuoirin aka products ntcLtdIng Roll Off Coritamers = ' a Truck Mounted Roll Off 110i56 / V r .i �� ' e RML Off T60r Md s n .Rpcyctmg Egtnpment.. 'ems V 4 p Self pig,")PQeys'- ' .� « St nd Self Cnitned 1 ,_'� ` ,�tt9 x o -Balers oil SlGdye'and�Vacuum Containers- Wf_ market'Tarts Y � vt ��iiig 4�e�Y"y�el' `�. r- R tag- tr t T a 1 + !� I�� d 's+ � 4� � �s� t � c r a � --r �f�� 'ki Yt,.pt•, L q x� y 21 _f 1 IM A WASTEQUIP COtA[mv'lY WW t �h ti ill Since 1945, Galbreath products have been known for their reliable performance and long service life. 1 In addition to product quality,were " also committed to,providing our customers with responsive gervice and tedwical support to emra their satisfaction: Out.nationwide dealer and service network backs this GOlnrnitment, assuring you chats j Galbreath mptesentadve Is nearby to i serveyour needs: I I Y , f 9 • e• Galbteathi Inc. is committed to improving our quality of life today and for the future by producing the best wasto handling,recycling and material handling.equipment avallable. IF : d e 6*1hrpothao r t t - A WASTEOUIP COMPANY Ack \Vrmnvtl e�rtc�Cxnr.yv y�,vRiVvfN tlu.�`..�r"ir'�G:a�-:ys �Jh7N !CAUTION"Tria equ MUnt 41»401 be weiolod b1131W y 7alnad perawdnet Wal'ori thorld ba¢om•Mrc01drul(. 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"rAA 4Eperz1 Aa21A ides j - r . r PUMP !13)f!(Nf00A@mhn4 PrecslNe 25PR PAI{17,237 kPa) C gF�pi 1A APA4(8j101Eg1@7M4 tAIN ONR pAWR^i UA4HlE CA USAB4EGf._. AMtL AP MODELOWIR Prom R@ar ilchos hsn Mdles mm ilmhm mm f7 OIL RESERVOIR - .: "NCaOz 4Li1;_ F4000 16 27.00D 9A00 1B,W0 702 t08 2,591-2.7431 MIA I ` Film SIKIIoA•144Mcm �F4p2Q 18'::..` :A.. 0;20006. 1d-1 �.�9A7, s - F4p00.20 32 8,006 23,000 t02-130 3.J53ii 505 1147Y0 2A26-3.048 32151 81071225 e- _ VALM F4QO6 28'.4S.90U 9,000'84:000 �Wifa'.r lA :' 18fi 1-02 :459'3.Ct57 fi7` ' 1295.;�' - - ShuLa& 6Ap .M/bkbJritrlk Nh WNwrepalNLuhr to.vpN[Imr m-I"ww vJ.Npne i i Pa�ing pal!ml SOOnl typ¢ I}NMCAYM urnn•.bW.eel.dniFe/wmx0.7k/p{fu2rwrfl.f-0MItr5W4YAA65V11nAAr•akr. .� Sl4£1tt A,A0.Tgl{36181A�@& ..:. S 44J tyP@ „m, 7VA'tkn.iin*7r,u4yNMeF _-____._ MODEL BODY CAPAONY' OWALLLGHOM LBIDIA OVERALL WIDTH BV'ffig IY OVERALLHEIANY OROSSWA4HT _ 11@IIAab Rslsad7 -Ad9VB PRNAE (TOAAPl4 RaI1e4I i/4Np') u ids rct IMia ma L*ru en ladws NI4 wha en whu mm N. Ll b� 4724 32� .. 80: Fi x_166 `3'982'� /810U "#120 t F4000 16 t6 1 1223 201 6.105 228 8.740 257E 2432 E8 2164 156 3,00$ 94490 1 4 IBin ':78'M., 2f7. 6>612 :=241.d f893 8578 =2AS2 BS:tf F400O 90. 20 1529 "1 5E67 255 0,4T7 OS75 2432 88 21Bt 1S6 3,802 2000 4491 gfrx-a x F4000+-35 = 2S� ._.1F is �.2i4C� 8�G2 *267,.• _shYBB_ 8579 r,= '1 2? �.'_�3.;tr F,SE2`� 767 s.. a18.2 D0700 Sd 53 0- Z PACION06{APEIT} BLIPEl21 -. .E1E0NO,Y{li 4 - 4 ,< TAILOAYE RAISE(i) pWOIEACARO tlOUBLEAOYINA ONALFACANRYELESCOPIC '% r_) 4 s: STAGES , MBPRL B:litfi SYRC>:<£ 80RR B7Fp7iE BonE 6RIO�SE EORE STFAKE i a� kvJkf mm Inohas mm IMmx mm who mm Floe rom L1d.49 Ism fdppl3. U+ .�� 1aA44 3:., 7@2� 3f 7@7A fi 101 ri 2182446E assS�itA4 2ri5`�6JO �.. Oct z :.`.i=��t--t.'t :�:�-�• � -ii...,sue-.,ss€S--.`: :+ ;� a;l F-0CCO.1Q S 6.5 1S0 81.72 20E6 r� " HOPPER BE7,OW01 HEIGHT 119PPER - IIOPPER GYCLknhf£SAOOHpS F4CC4 20 4 6b 105 11012 2797 00L5 ldOHEI CAPACITY BELOYI pHA LOAHIPA OP111111 [V41hepYa�lm4txs ;_yFrICC•Or25 =rA--:' IL6 ';:fOG 140 : ";5,27(" PRAAIE dl. ma Inerses mm In4hes mm Inchse mm LaIW1da NivA _ F4000-2G 2,66 2.041 2 G1 80 2,C62 4s 1,t Ae 17.18 7.10 I - COMTACT YOUR LOCAL PE:ALER I W"lipLe /Ville ALWAYS TUnNIN0 .. n km aim4sr ' ME Ion „ — I I i Attuclnnent F-i (Limited Access Service Procedures) Mu ited Access for Residontin]Customers \ 1 i 7ti the eveitt that a residential customer resides in a place that is hazardous for conventional Side Load vehicles to operate;the fnilcivOujoption may be employzdin order to coittinue=providing service uninterrupted. This vehicle Shall alto eamply With theminimum B20 requirements in the JIM Vor the specifications on this vehicle please see the charts For the Heil model 14000•13 In the below listed documentation I II I I I I c--- II i