HomeMy WebLinkAbout2970Ordinance No. 2970
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Amended by Ord. 3542
CITY OF KENT, WASHINGTON
ORDINANCE NO. oR °I '% 0
ao, AN ORDINANCE of the City of Kent, Washington, relating to
public health, safety and general welfare, and the City's
Solid Waste Utility; authorizing settlement of King County
Cause No. 90-2-06373-0; authorizing solid waste handling
contracts between the City and R.S.T. Disposal Co., Inc., a
Washington corporation, and between the City and
Kent-Meridian Disposal Company, a Washington General
Partnership; repealing Sections 6 and 7, Ordinance 2870.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Recitals and Findings.
1.1 Section 1, Ordinance 2870, is incorporated herein by
this reference.
1.2 By Ordinance 2870, the City of Kent ("City")
reestablished a system of solid waste collection and disposal
the ("Solid Waste Utility") consistent with chapters 35.21 and
35.67 RCW. Ordinance 2870 mandated that garbage be collected
and hauled within the City by City -authorized persons operating
under a contract with, or under the direction of, the City.
1.3 To resolve the issues of City authority over management
of solid waste handling services, the City instituted a
declaratory judgment action ("Action") in King County Cause
No. 90-2-06373-9. The defendants to the Action were the solid
waste collection companies doing business within the City:
1.3.1 R.S.T. DISPOSAL COMPANY, INC., a Washington
corporation, doing business as Tri-Star Disposal; and
1.3.2 KENT -MERIDIAN DISPOSAL COMPANY, a Washington
general partnership, whose partners are Fiorito Enterprises,
Inc., a Washington corporation; and the Rabanco Companies, a
Washington general partnership and Rabanco Ltd., a Washington
corporation, its managing partner, doing business as Kent
Disposal,
1.4 The City, Tri-Star Disposal, and Kent Disposal have
determined to settle the Action, providing in part for:
1.4.1 The Recognition of City authority, through its
Solid Waste Utility, over solid waste handling within the City;
and
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1.4.2 Contracts, for a period of ten (10) years
between the City and Tri-Star Disposal and the City and Kent
Disposal for solid waste collection services within the City.
Section 2. Settlement Authorized. The City Attorney, and
special assistants to the City Attorney, are authorized to
settle the Action consistent with the terms set forth or
incorporated by reference herein.
Section 3. Settlement Agreement Authorized. The Mayor, for
and on behalf of the City, is authorized to execute a settlement
Agreement, substantially in the form attached hereto Exhibit 1
and incorporated herein by this reference.
Section 4. Solid Waste Handling Contracts Authorized. The
Mayor, for and on behalf of the City, is authorized to execute
solid waste handling contracts, substantially in the form
maintained in City Clerk File No. '7_L9_, and incorporated herein
by this reference.
Section 5. Repealer. Sections 6 and 7, Ordinance 2870 are
hereby repealed upon the effective date of the contracts
authorized in Section 4 of this ordinance.
Section 6. Ratification. Any act consistent with the
authority and prior to the effective date of this Ordinance is
hereby ratified and confirmed.
Section 7.
Effective Date.
This ordinance shall take
effect and be in
force thirty (30) days from and after its
passage,
approval
and publicatio
as provided by law.
D KELLEHER, MAYOR
ATTEST:
BRENDA
JACOJiER,
ACTING CITY CLERK J
APPROVED
AS TO FORM:
4R0R:A.,
UBOVI
CIT EY
-2-
PASSED the /q day of March, 1991.
APPROVED the A -O day of March, 1991.
PUBLISHED the —� day of March, 1991.
I hereby certify that this is a true copy of Ordinance
No. ° '' , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
PSD -459
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as SEAL)
BRFI�JA JACOBE i ACTING CITY CLERK
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AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into by and
between the City of Kent, Washington ("Kent"), a Washington
municipal corporation, R.S.T. Disposal Co., Inc., a Washington
corporation, doing business as Tri-Star Disposal ("Tri-Star"),
Kent -Meridian Disposal Companyi a Washington General
Partnership, whose partners are Fiorito Enterprises, Inc., a
Washington corporation, Rabanco Companies, a Washington General
Partnership, and Rabanco, Ltd., a Washington corporation, its
managing partner ("Kent -Meridian Disposal").
RECITALS
A. over a period of years, both Tri-Star and Kent -Meridian
Disposal, or their predecessors in interest, have provided
garbage, refuse collection and disposal and/or recycling
services ("Disposal Services"), in Kent. At certain times such
Disposal Services were provided pursuant to Certificates of
Public Convenience and Necessity issued by the Washington
Utilities and Transportation Commission (the "WUTC"). At other
times, Kent --Meridian Disposal, either directly or through
affiliates and predecessors in interest, provided Disposal
Services to Kent pursuant to agreements entered into directly
with Kent.
B. Disposal Services were performed within the city limits
of Kent as it existed as of June 12, 1957, as is legally defined
in Appendix A attached hereto and incorporated herein by
reference (the "Core Areas"), as well as in those additional
areas of Kent which from time to time from June 12, 1957, have
been annexed into and as of the date hereof are now included as
a part of Kent. The Annexed Areas are legally defined in
Appendix B attached hereto and incorporated herein by reference
(the "Annexed Areas").
C. During the period June 12, 1957 to the date hereof,
Kent annexed certain areas into the City. Such annexations
caused the Certificates of Public Convenience and Necessity of
Kent -Meridian and Tri-Star and/or their predecessors to be
cancelled in the annexed areas under RCW 35.13.280 from June 12,
1957 to 1969 and under RCW 35A.14.900 from 1969 to the date
hereof.
D. Both Kent -Meridian's predecessor, Rabanco Companies,
and Tri-Star applied to the WUTC for Certificate of Public
Convenience and Necessity to serve the City of Kent, including
areas annexed from and after ,lune 12, 1957. On or about
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July 31, 1989, the WUTC denied the application of Rabanco
Companies and granted the application of Tri-Star. The
authority of Rabanco to serve the Core Areas was not disturbed.
E. pursuant to a certain agreement dated September 29,
1989, as later extended, (the "Kent -Meridian Disposal
Agreement"), Kent granted Kent -Meridian Disposal the
nonexclusive right to provide bisposal Services to both
"Residential Customers" (a's hereafter defined) and "Commercial
Customers" (as hereafter defined) in both the Core Areas and the
Annexed Areas of Kent. Pursuant to the Kent -Meridian Disposal
Agreement, Kent -Meridian Disposal agreed to indemnify Kent in
the event it was determined that Kent did not have the authority
to reestablish its solid waste system or to contract with
Kent -Meridian Disposal,
F. Both Kent -Meridian Disposal and Tri-Star have continued
to provide Disposal Services to both Residential Customers and
Commercial Customers in both the Core Areas and the Annexed
Areas of Kent.
G. On March 28, 1990, Kent filed a declaratory action in
the Superior Court of King County, Washington, Cause
No. 90-2-06373-9 (the "Declaratory Action"), naming R.S.T.
Disposal Company, dent -Meridian Disposal Company, Fiorito
Enterprises, Inc., the Rabanco Companies, and Rabanco, Ltd., as
parties, seeking a resolution of the issues regarding the rights
of the parties to provide Disposal Services in Kent. Tri-Star
has filed both counter and cross claims in the Declaratory
Action,
H. The,purpose of this Agreement is to set forth the terms
of a proposal ("Proposal") which has been developed by the
parties regarding the provision of Disposal Services in Kent and
other related matters and to outline the conditions present to
the implementation of such Proposal, including the dismissal of
the Declaratory Action and the entry of mutual releases of all
existing claims.
NOW, THEREFORE, subject to and in accordance with the terms
and conditions set forth herein, the parties hereto agree as
follows:
AGREEMENTS:
1. RESIDENTIAL DISPOSAL SERVIC'S
Kent -Meridian Disposal shall be granted by Kent the
exclusive contractual right and authority to provide Disposal
Services for Residential Customers in both the Core Areas and
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the Annexed Areas of Kent for a period of ten (10) years
commencing April 1, 1991. (As used herein, the term
"Residential Customers" shall mean and include only those
customers residing in single family homes, mobile homes,
duplexes, and trailer parks; provided, however, that Residential
Customers shall not include trailer parks utilizing containers
or drop boxes with a capacity of one (1) yard or longer.) Kent
shall control all aspects of the provision of Disposal Services
to Residential Customers by Kent -Meridian Disposal. The City
may authorize, permit, or- contract with the WUTC to set and
modify rates and/or tariffs charged by Kent -Meridian Disposal
under its WUTC Certificate of Public convenience and Necessity
which rates shall apply within Kent. Kent shall have the right
to impose franchise fees and/or taxes upon Kent -Meridian
Disposal's provision of Disposal Services to Residential
Customers. Tri-Star shall remove all of its Containers from
Residential Customers and shall during the term of this
agreement no longer provide any Disposal Services to the
Residential Customers.
2. COMMERCIAL DISPOSAL SERVICES
(a) Commercial Disposal Services to be Provided by
Kent -Meridian Disposal, Kent -Meridian Disposal shall be granted
by Kent the exclusive contractual right and authority to provide
Disposal, Services to commercial. Customers located within the
Core Areas for a period of ten (10) years commencing April 1,
1991. (As used herein, the term "Commercial Customers" shall
mean and include all those customers which are not included
within the definition of "Residential Customers" set forth in
Section 1 hereof.) Kent shall control all aspects of the
provision of Disposal Services to commercial customers by
Kent -Meridian Disposal, except that the City shall authorize,
permit, or contract with the wuTC to set and modify rates and/or
tariffs charged by Kent -Meridian Disposal under its WUTC
Certificate of Public Convenience and Necessity which rates
shall apply within the City of Kent. Kent shall have the right
to impose franchise fees and/or other taxes upon Kent -Meridian
Disposal's provision of Disposal Services to commercial
Customers, and to provide input to the WUTC as to the rates
and/or tariffs ,to be charged. Kent -Meridian Disposal shall
remove all of its waste disposal containers ("Containers"), from
the Annexed .Areas and shall during the term of this agreement no
longer provide any Disposal Services to Commercial Customers
located in the Annexed Areas.
(b) Commercial Disposal Services to be Provided by
Tri-Star. Tri-Star shall be granted by Kent the exclusive
contractual right and authority to provide Disposal Services to
Commercial Customers located within the Annexed Areas for a
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I
period of ten (10) years commencing April 1, 1991. Kent shall
control all aspects of the provision of Disposal Services to
Commercial Customers by Tri-Star, except that the City shall
authorize, permit, or contract with the WUTC to set and modify
rates and/or tariffs under its WUTC Certificate of Public
Convenience and Necessity which rates shall apply within the
City of Kent. Kent shall have the right to impose franchise
fees and/or taxes upon Tr: -Star s provision of Disposal Services
to Commercial Customers, and to provide input to the WUTC as to
the rates and/or tariffs to be charged. Tri-Star shall remove
all of its Containers from the Core Areas and shall during the
term -of this agreement no longer provide any Disposal Services
to the Commercial Customers located in the Core Areas.
3. .AGREEMENT TO THE PROPOSAL
By execution of this Agreement, each of the parties hereby
acknowledges that the Proposal set forth herein is acceptable to
it and that, subject to the satisfaction of the conditions
precedent set forth in Section 5 hereto, they will proceed in
good faith and with due diligence to take the following actions:
(a) Kent -Meridian Disposal and/or the Rabanco
companies, a Washington partnership, agree to dismiss all claims
against Tri --Star and/or Kent under the Declaratory Judgment
Action, King County Cause No. 90-2-06373-9, and to issue a full
and final release of Tri --Star and Kent of all actions or matters
relating to Disposal Services previously provided in the City of
Kent up to he date of this agreement and to take such further
action as is necessary to implement this agreement.
(b) Rabanco Ltd. agrees to authorize disbursement to
R.S.T. Disposal co., Inc, of the cash bond and interest filed in
King County Cause No. 87-2-08197-4 and to dismiss such action
with prejudice. Rabanco Ltd. agrees to dismiss with prejudice
its action for Judicial Review in King county Cause
No. 90-2-00776-6.
(c) Tri-Star agrees to dismiss all claims against
Kent -Meridian Disposal and/or the Rabanco Companies and/or
Rabanco and/or Kent under the Declaratory Judgment Action, King
County Cause No. 90-2-06373-9 and to issue a full and final
release of Kent --Meridian Disposal and/or the Rabanco Companies
and/or Rabanco and/or Kent of all, actions or matters relating to
Disposal Services previously provided in the City of Kent up to
the date of this agreement and to take such further action as is
necessary to implement this agreement. Tri-Star agrees to
dismiss its WUTC complaint against Seattle Disposal Co., Rabanco
Ltd., et al., d/b/a Rabanco Companies, No. TG 900331.
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(d) Kent agrees to dismiss all claims against
Kent -Meridian Disposal and/or the Rabanco Companies and/or
Rabanco and/or Tri --Star under the Declaratory Judgment Action,
King County Cause No. 90-2-06373-9 and to release Kent --Meridian
Disposal and/or the Rabanco Companies and/oar Rabanco of their
indemnification obligations under the terms of any prior or
existing Contract Regarding Solid waste Handling and to
otherwise take such action' as i6 necessary to implement this
agreement.
4. ACKNOWLEDGMENTS REGARDING KENT'S AUTHORITY AND
By execution of this Agreement, but subject to the
satisfaction of the conditions precedent set forth in Section 5,
the parties to this Agreement, other than Kent, hereby
acknowledge and agree, now and in the future, not to assert or
take any action claiming that Kent does not have the authority
to reestablish its Solid Waste Utility. However, if Kent should
hereafter terminate its solid waste Utility or otherwise
relinquish authority over solid waste collection services,
nothing set :Forth herein shall be deemed to constitute a waiver
by such parties of any existing rights under their respective
WUTC Certificates of Public Convenience and Necessity with
respect to Kent (as modified consistent herewith).
5. CONDITIONS PRECEDENT
Each of the parties to this
and agrees that the respective
parties hereunder are subject to
following conditions precedent:
Agreement hereby acknowledges
obligations and rights of the
the satisfaction in full of the
(i) The execution by Kent with both Kent --Meridian
Disposal and Tri-Star of agreements regulating solid waste
handling and granting such entities the right and authority to
provide Disposal Services in and to Kent in accordance with the
provisions of Sections 1 and 2 of this Agreement;
(ii) The receipt of all necessary approvals required
from the WUTC to implement the Proposal, as applicable;
(iii) The execution by each of the parties hereto of
releases in accordance with the provisions of Section 4 of this
Agreement; and
(iv) The dismissal of the Declaratory Action and King
County Causes 87-2-08197-4 and 90-2-00776r-6 by all of the
parties to the actions.
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(v) The exchange among Kent -Meridian Disposal,
Tri-Star and others of Disposal Service businesses in Federal
Way and Tukwila areas pursuant to separate agreement(s) among
such persons.
F. RIGHTS OF CERTIFIED HAULER IN FUTURE ANNEXED ,AREA
If the City of Kent during'the term of the agreements
granted in accordance with the provisions of Sections I and 2 of
this Agreement annexes any additional areas ("New Annexed
Areas"), the parties agree that the New Annexed Areas shall not
be included within the scope of this Agreement until the City of
Kent shall have complied with all of its obligations pursuant to
RCW 35A.14.900
7. GENERAL
(a) Final Agreement. This Agreement constitutes the
final agreement among the parties and supersedes all prior
arrangements and understandings between the parties with respect
to the subject matter hereof, except as provided in those
separate agreements between Kent and Tri-Star, and Kent and
Kent -Meridian Disposal pursuant to 5(i).
(b) Notices. All notices, requests, consents and
other communications provided for herein to any party shall be
deemed to be sufficient if contained in a written instrument
either (i) delivered in person, or (ii) sent by first-class
registered or certified mail, postage prepaid, addressed to the
party at the address set forth below such party's signature to
this Agreement, or such other address as may hereafter be
designated in writing by the party.
(c) Modifications. The terms of this Agreement may
not be modified or amended, nor may any of the provisions hereof
be waived, except pursuant to the written consent of all parties
hereto.
(d) Headings. The headings of the various Sections of
this Agreement have been inserted for convenience of reference
only and shall not be deemed to be a part of this Agreement.
(e) Governing Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of
Washington.
(f) Benefit. This Agreement shall be binding upon and
inure to the benefit of the respective legal representatives,
heirs, successors and assigns of the parties hereto.
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(g) Attorney's Fees and Interest. In any suit or
action brought to enforce this Agreement, or to obtain an
adjudication, declaratory or otherwise, of rights hereunder, the
losing party shall pay to the prevailing party reasonable
attorney's fees and all other costs and expenses which may be
incurred by the prevailing party in such action.
(h) venue. The parties agree the venue of any suit or
action between the parties :arising out of this Agreement shall
be in King County, Washington.
(i) Further Actions. Each party hereby -agrees that it
shall execute and deliver such further documents and take such
other actions as are reasonably necessary and appropriate to
effectuate the terms and intent of this Proposal.
(j) Recycling Contract. The parties all agree that
this Agreement does not alter or amend in any manner the
existing Waste Reduction and Collection of Source Separated
Recyclable Materials Contract between Kent and Kent -Meridian
Disposal, or its predecessor relating to Residential Recycling.
All Commercial Recycling shall be governed by the agreements to
be entered into in accordance with Sections 1 and 2 of this
agreement.
IN WITNESS WHEREOF, the parties have duly executed this
Agreement on the day of March, 1991,
Kent -Meridian Disposal Company,
a Washington General Partnership
By Rabanco Companies, General Partner
By Rabanco, Ltd., Managing Partner
BY:
Warren J. Razore, President
By Fiorito Enterprises, Inc., General Partner
By;
J. Dan Fiorito, Jr., President
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r
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R.S.T. Disposal Co., Inc.
d/b/a Tri-Star Disposal
By'
President �
The City of Kent
By:
Dan Kelleher, Mayor
PSD -442
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Wn
I
GARBAGE AND REFUSE COLLECTION, DISPOSAL AND RECYCLING AGREEMENT
AND SPECIAL PROVISIONS
IITVT(ZTf)hl T
GARBAGE AND REFUSE COLLECTION, DISPOSAL, COM14ERCIAL RECYCLING AND GENERAL
C0141RACT PROVISIONS (SCHEDULE I, IA, AND IB OF PROPOSAL).
WHEREAS, it is essential that such residential, commercial and industrial
solid waste be reduced and properly collected, recycled, and disposed of in
order to avoid adverse environmental and social effects, and
WHEREAS, the Contractor is qualified to provide solid waste collection and
processing services, including distribution of recycled materials to end
markets, in accordance with the terms of this agreement; and
WHEREAS, the Contractor agrees for the consideration stated, to collect
and dispose of all garbage and refuse within the City of Kent in accordance
with this Contract.
IN CONSIDERATION OF THE MUTUAL COVENANTS, AGREEMENTS, AND PROMISES HEREIN
CONTAINED, THE CITY AND THE CONTRACTOR HEREBY AGREE AS FOLLOWS:
1. General Description
1.1 The work to be performed consists of the collection of all solid
waste or garbage refuse accumulated in the City of Kent and disposal thereof.
The work excludes all dangerous wastes or "hazardous waste" as defined in RCW
70.105 and RCW 70.105A.
1.2 The Contractor shall report in writing to the Director of Public
Works any observed violation of the City's ordinance providing for and
regulating the collection, removal and disposal of garbage and refuse. The
Director of Public Works shall cause an investigation of the report and, upon
receipt of the findings, take appropriate action to obtain compliance with
said ordinance.
1.3 It is the intent of this Contract that the Contractor shall
supply all labor, equipment, facilities, financial guarantees, liability
insurances and lands necessary to provide service as described in said
Contract.
2. Duration of Contract
2.1 The terms of this Contract shall be for a period of five (5)
years commencing 3 months after the Notice to Proceed on the Contract but not
0672E -46E - 1 -
earlier than January 1, 19F7 and terrRinating after 5 years but not earlier
than December 31, 1991. The City of Kent reserves the right to extend the
Contract for additional periods not to exceed a total of five (5) years.
2.2 The actual Contract dates as determined at the time of Contract
award is to
3. Exclusive Right
3.1 Subject to any agreement between the City of Kent and King
County, the City gives and grants to Contractor the exclusive right to
collect, haul and transport all garbage and refuse as defined in Kent City
Ordinance 2365, as amended, within the City of Kent for disposal, for the term
of this agreement and in accordance with the provisions hereof. Provided,
however, that any areas within the City of Kent heretofore or hereafter
annexed which are subject to a franchise or permit held by third parties
pursuant to RCW 33.13.280 are hereby excluded from the terms of this Contract
until the franchise or permit has expired.
3.2 If, during the life of this Contract, additional territory in
any amount whatsoever is acouired by the City through annexation, the City
reserves the right, upon ten (10) days written notice to the Contractor, to
order the Contractor to make collections in such annexed area in accordance
with all provisions of these specifications and at the bid unit price set
forth herein.
3.3 Nothing in this Section shall be construed to prohibit the City,
its Agents, or Contractors from using the collected materials for energy
generation, resource recovery salvage (e.g., pick and sort) and recycling.
With the exception of the City's Contractors and agents, no other use of, or
scavenging of, collected materials is permitted without the permission of the
City of Kent.
3.4 An exception to the exclusive right in 3.3 above is the City of
Kent's recycling program. Waste generators within the City maintain the right
to continue to recycle garbage and refuse. Should the City elect to enter
into a separate Recycling Contract the Recycling Contract holder maintains the
right to collect, haul and transport recyclable materials and commodities
placed in containers and intended for recycling with the City of Kent's
recycling program. Therefore a portion of the current waste stream may be
diverted from the Contractor.
0672E -46E - 2 -
4. Temps
4.1 The meaning of terms and words herein shall be as defined in
Kent City Code Chapter 7.08. See Exhibit "6" attached hereto.
4.2 Definitions of capacity savings, collections savings, disposal
savings, energy recovery, environmental savings, functional standards,
landfill, solid waste, tipping fee, volume reduction, waste recycling, and
waste reduction referred to in this Contract and in any agreement with King
County are defined in the Washington State Solid Waste Management Recovery and
Recycling Act, Chapter 70.95 RCW and regulations promulgated by the Department
of Ecology at Chapter 173-304 WAC, and are incorporated by reference herein.
4.3 In the event that definitions contained in Division I, II, and
III conflict with Kent City Code Chapter 7.08, the provisions of Kent L,ty
Code Chapter 7.08 shall apply.
5. Nonassignment of the Contract
5.1 The Contract or any interest therein or part thereof, shall not
he assigned, whether by operation of law or otherwise, nor shall any part
thereof he subContracted without the prior written consent of the City of Kent
first having been obtained which consent shall not be unreasonably withheld.
The City reserves the right to cancel or terminate the Contract at any time in
case the Contractor fails to obtain City approval. City approval may be
conditioned upon Contractor and/or purchaser supplying an appropriate bond to
cover the change in circumstances. The City reserves the right to reject the
use of any proposed Subcontractor at any time durina the terms of the Contract
without affecting the Contract cost.
6. Breach of Contract
6.1 If Contractor shall abandon or [)reach or default on material
terms and conditions of its Contract or fail to fully and promptly comply with
any or all its obligations or shall fail to give reason satisfactory to the
City for noncompliance, the City may then declare the contract in default and
require that the Contractor discontinue any further service thereunder. A
copy of the City's notice shall be sent to the Contractor and its surety on
its performance bond. Upon receipt of such notice, Contractor agrees that it
will promptly discontinue the work, whereupon the surety may, at its option to
be exercised within ten (10) days from such written notice, assume the work
which the City has ordered discontinued and proceed to perform same, with a
firm or Contractor acceptable to the City, at the surety's sole cost and
0672E -46E - 3 -
expense, in compliance with the terms and conditions of this Contract and all
documents incorporated herein. Pending consideration by the surety of said
option to assume the work, the City may examine and/or audit all of the
Contractor's books and records, take possession of all Contractor's equipment,
vehicles and facilities necessary to perform the Contract and employ such
force as it may deem advisable to continue the work; and the cost of all labor
and materials necessary for such work shall be paid by the City out of the
monies due or to become due the Contractor, if any, or otherwise charge same
to the Contractor in full.
6.2 In the event that the surety fails to exercise its option within
the ten (10) day period, or any part thereof, either by day labor, or by
reletting the same, the City shall have the right to take immediate possession
of and use any of the books and records, vehicles, equipment, facilities and
property of every kind and nature provided by the Contractor for the work and
to procure other vehicles, equipment and facilities necessary for the
completion of the same, and to charge same to the Contractor and/or its
surety, together with all reasonable costs incidental thereto. In such event,
however, the Contractor shall be entitled to receive reasonable compensation
for his material and property so taken. The City shall be entitled to recover
from the Contractor and its surety as damages all expenses incurred, including
reasonable expenses and attorney fees, together with such additional sums as
may be necessary to complete the work, together with any further damage
sustained or to be sustained by the City. Tile City may complete the work or
any part thereof, either by employing such force as it may deem advisable to
continue the work, or by reletting the same. The cost of all labor and
materials necessary for such work shall be paid by the City out of the monies
due or to become due to Contractor, if any, or otherwise charge same to the
Contractor and/or its surety, together with all reasonable costs incidental
thereto. In such event, however, the Contractor shall be entitled to receive
reasonable compensation for his material and property so taken. The City
shall be entitled to recover from the Contractor and its surety as damages all
expenses incurred, including reasonable expenses and attorney fees, together
with such additional sums as may be necessary to complete the work, together
with any further damage sustained or to be sustained by the City.
6.3 Notwithstanding the provisions of this Section, a delay or
interruption in the performance of all or any part of the Contract resulting
0672E -46E - 4 -
from causes beyond the Contractor's control, shall not alone be deemed to be a
default of the Contract and the rights and remedies of the City provided for
herein shall be inapplicable. The City may, at its sole discretion, determine
whether a labor dispute resulting in the delay or interruption of Contract
service shall be a default of the Contract. In all events, the City shall
have the right to take immediate possession of and use any of all books and
records, and all vehicles, equipment, facilities and property of every kind
and nature provided by the Contractor for the work and to procure other
vehicles, equipment and facilities necessary for the completion of the same.
7. Hold Harmless
7.1 The Contractor shall defene, indemnify, and save the City, its
elected officials, officers, agents, servants and employees harmless from and
against any and all loss, damage, actions, claims, suits, .judgments and
liability in connection with loss of life, personal injury (including injury
to Contractor's employees or agents) and/or damage to property arising from or
out of any occurrence, conduct or operation of or by Contractor under this
Contract. Contractor shall defend all such actions and shall also pay all
costs, expenses and reasonable attorney fees that may be incurred or paid by
City in enforcing any and all terms and covenants hereunder. Provided the
terms of this Section shall not apply in the case of the City's sole
negligence.
8. Damage to Property
8.1 If any City property of anv kind is damaged by reason of the
Contractor's operations under this Contract, he shall repair or replace same
after heing notified in writing of the damages or, failing to do so promptly,
the City may cause repairs or replacements to be made and the cost of doing so
shall he deducted from the Contractor's monthly payment from the City.
8.2 The City shall not be liable to the Contractor for any loss or
damage, other than any loss or damage occurring directly and solely as a
result of the sole negligence of the City, its elected officials, officers,
employees or apents.
8.3 The Contractor shall not be liable to the City or any other
person for the damage done to privately owned garbage cans other than loss or
damage occurring directly as a result of negligence or carelessness of the
Contractor, his employee or agents.
0672E -46E - 5 -
9. Liability Insurance
9.1 The Contractor awarded the Hauling Contract for garbage and
refuse shall provide and maintain in full force and effect during the entire
term of this Contract, or any renewal thereof a policy providing for a limit
of not less than $1,000,000 combined single limit bodily injury and property
damage liability, including auto liability and Contractors liability.
Contractor must also provide evidence of workers compensation insurance.
9.2 Certificate of such insurance shall he filed with the City Clerk
and shall provide for thirty (30) days' written notice to the City of any
material change, cancellations, or lapse of such policy.
9.3 The Contractor shall furnish the City with a certificate of
insurance naming the City, its elected and appointed officials, agents and
employees, as additional insureds with respect to the Contract.
9.4 In the event that the City of Kent awards other Contract
elements to a hauler, no additional liability Insurance amount will be
required.
9.5 In the event that the City of Kent awards the Recycling Center
component separately with or without the Curbside Recycling component, the
liability insurance shall he in accordance with the above and shall he for a
limit of not less than $
10. Performance Bond
10.1 Before the Contract between the hauling Contractor for garbage
and refuse and the City shall be valid or binding against the City of Kent,
the Contractor shall furnish to the City a proper performance bond, to he
approved by the City Attorney, conditioned that the Contractor shall
faithfully perform all the provisions and terms of the Contract and related
documents and pay all laborers, mechanics, and Subcontractors and material
men, and all persons who shall supply such Contractor with provisions and
supplies for the carrying on of such work; which bond shall be signed by the
Contractor and two or more good and sufficient sureties or with a surety
company as surety, and shall be in the amount of five hundred thousand
($500,000) dollars which bond shall at all times be kept in full force and
effect.
10.2. In the event that the City of Kent awards other Contract
0 elements to a hauler, no additional performance bond amount will be required.
0672E-4EE - 6 -
10.3 In the event that the City of Kent awards the Recycling Center
component separately, with or without the curbside component, the performance
bond amount shall be ($ ).
11. Payment of Claims
11.1 Contractor agrees and covenants to pay promptly as they become
due all just claims for labor, supplies and materials purchased for or
furnished to Contractor in the execution of this Contract, and further agrees
to comply with all the provisions of Federal, State, County and City laws and
ordinances affecting, directly or indirectly the subject matter of this
Contract.
11.2 The Contractor shall provide for the prompt and efficient
handling of all complaints and claims arising out of the operations of the
Contractor under this Agreement. The Contractor agrees that all such
complaints and claims, whether processed by the Contractor or Contractor's
insurer, either directly or by means of an agent, will be administered to and
resolved by a person with a permanent office in the Kent -Seattle area.
12. Taxes, Permits and Fees
12.1 The Contractor shall obtain at its own expense all permits and
0 licenses required by the City or any other governmental authority and maintain
the same in full force and effect during the term of this agreement. The
Contractor shall pay promptly and before delinquency any and all taxes, fees
and charges of every type required by law and upon request by the City,
furnish evidence of such timely payment.
12..2 If during the term of this agreement the City levies or imposes
a business and occupation tax which has significant affect on the income,
operations or revenues of the Contractor, the City agrees to negotiate an
adjustment in rates based upon complete documentation and analysis by the
Contractor.
13. Contractor to flake Examination
13.1 The Contractor shall make his own examination, investigation and
research regarding the proper method of doing the work, and.all conditions
affecting the work to he done, and the labor, equipment and materials needed
thereon, and the quantity of the work to be performed. The Contractor agrees
that he has satisfied himself by his own investigation and research regardinq
all of such conditions, and that his conclusion to enter into this Contract is
based upon such investigation and research, and that he shall make no claim
0672E -46E - 7 -
against the City because of any of the estimates, statements or interpreta-
tions made by any officer or agent of the City which may prove to be in any
respect erroneous.
13.2 The Contractor assumes the risk of all conditions foreseen or
unforeseen and agrees to continue the work without additional compensation
under whatever circumstances which may develop other than as herein provided.
13.3 The Contractor should visit the City to ascertain by inspection
pertinent local conditions such as locations, character and accessibility of
the garbage, refuse and recycled materials, availability of facilities,
location and character of existing work within or adjacent thereto, and labor
conditions.
14. Disagreements
14.1 To prevent all disputes or litigation, it is understood that all
questions arising as to the proper performance and the amount of work to be
paid for under this Contract shall be subject to the decision of the Director
of Public Works.
15. Local Improvements
15.1 The Department of Public Works reserves the right to constrtict
any improvement or to permit any such construction in any street or alley in
such manner as the corporate authorities may direct, which may have the effect
for a time of preventing the Contractor from traveling his accustomed route or
routes for collection. The Contractor shall, however, by whatever method
selected, continue to collect the garbage and rubbish to the same extent as
though no interference existed upon the streets or alleys formerly traversed.
This shall be done without extra cost to the City of Kent.
16. Contractor's Office:
16.1 The Contractor shall be required to maintain an office in a
location as approved by the Public Works Director provided with telephones and
such attendants as may be necessary to take care of requests for service,
complaints, orders for special service or instructions from the Public Works
Director. This office shall be in operation between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday. The Contractor shall provide a
telephone response machine with a recording, which shall be in operation when
the telephone is not open. The recording shall stipulate the days and hours
• the Contractor is open for business.
0672E -46E - 8 -
17. Contractor's Records:
17.1 All records shall be submitted and maintained in a format
approved by the City. Contractor shall at all times cooperate with the City.
Any contract made pursuant to the enclosed bid documents and/or separately
negotiated is subject to the City of Kent's right to inspect and/or audit the
contractor's books and records at any reasonable time and place as may be
designated by the City of Kent for any contract -related purpose, including but
not limited to negotiations in the event of a contract dispute, contract
modifications, bookkeeping and accounting verification, verification of haul
routes and tonnage recycled or disposedof, contractor and City of Kent claims,
and litigation. This right shall accrue to agents, officials, acid employees
of the City of Kent and King County in the event that the City of Kent
executes an Agreement with King County or otherwise commits its solid waste to
the control of King County. This provision extends to any subcontractors
hired by the contractor or entity that has performed work in connection with
or related to these services . Contractor shall provide for this clause to be
included in its contracts with all subcontractors. Contractors and
subcontractors shall also maintain an adequate system of books and records
capable of review, financial audit, and copying in order for the City of Kent
to examine overhead costs, including and accuracy of such records. Provided
however, that the City shall not disclose information which may reasonably be
construed to be confidential and if divulged may seriously jeopardize the
Contractor's competitive position.
17.2 The Contractor shall furnish quarterly reports, within ten (10)
days of the end of each calendar quarter, to the City showing the number of
loads of garbage and refuse hauled by him to the disposal site during the
previous quarter, the approximate number of cubic yards and tonnage per load
and the total number of cubic yards and tonnage of garbage and refuse hauled
to the disposal site for each month. Said reports shall show separate figures
for both residential and commercial customers. A separate record also showing
cubic yards and tonnage shall be kept and reported to the City for recycled
materials. See recycling Section Division II of this Contract for recycle
center requirements.
17.3 Contractor shall keep records of waste collected and charges
therefor. Copies of dump receipts for customers shall be maintained by the
Contractor and provided to the City upon request. The original dump receipt
0672E -46E - 9 -
in shall remain in the Contractor's office as part of his permanent records.
17.4 The Contractor shall outline, on maps furnished by the City, the
dailv collection schedule for both residential and commercial. The Contractor
shall give not less than one week (7 days) written notice to the Director of
Public Works or his desionee of any change in the boundary of any route or day
of collection and the Contractor shall be responsible for notifying customers
of any changes. Prior to any changes in the boundary of any residential route
the Contractor shall provide nevi maps to the City.
17.5 The Contractor shall provide the City with a customer count by
route and type of customer.
17.6 A daily log of complaints shall be maintained. A copy of the
complaint log, construction box records and daily truck logs shall be
submitted to the City within three (3) working days after the end of each
month for the preceding month.
17.7 The Contractor shall provide immediate access to the City and
King County or any of their duly authorized representatives to review any
books, documents, papers and records which are directly pertinent to this
Contract for the purpose of making an audit, other examination and preparing
excerpts and transcriptions.
18. Contractor's Employees:
18.1 The Contractor shall require all employees to he courteous at
all times; attired in clean uniforms and safety shoes (collection personnel);
shall not use loud or profane language; and shall do their work as quietly as
possible. Specific questions as to rates or changes in existing service
shoi►ld he referred to the appropriate offices and not handled by collection
personnel.
18.2 Employees, in collecting garbage and refuse shall follow the
regular walks for pedestrians while on private property, returning to the
street or alley after replacing the empty containers. They shall also replace
all container covers and close all gates opened by them.
18.3 Employees shall not trespass or loiter, cross property to
adjoining premises, or meddle with property which does not concern them.
18.4 All employees shall he competent and skilled in the performance
of the work to which they may be assigned. Failure or delay in the
performance of this Contract due to the Contractor's inability to obtain
employees of the number and skill required shall constitute a default of the
0672E-46E - 10 -
Contract. Should an employee be deemed unsatisfactory by the City, such
. judgment shall be related in writing to the Contractor and he will have 30
days to correct the situation to the City's satisfaction by counsel or
termination; provided this paragraph does not interfere with any union
Contract between Contractor and said employee.
19. Service to New Customers:
19.1 Contractor shall provide service to new customers within one
week. If the Contractor is unable to provide the size of container ordered by
the customer within one wpok. then the Contractor may temporarily provide the
customer with any size container; provided, however, the service provided to
the customer and the rate charged to the City shall be equivalent to the
service and rate for the container ordered. Also see Section 3 for
information reaardino annexed areas.
19.2 Temporary construction boxes shall he delivered within two reeks.
20. Collection:
20.1 Residential pickups shall be made Monday through Friday from
7:00 a.m. to 4:00 p.m. unless otherwise approved by the City in writing.
20.2 Collections may take place at any time on routes consisting of
industrial and commercial customers only, provided that the Contractor's
operation does not disturb residential areas or facilities. Should
residential uses he found along with commercial the collection times shall be
limited to 4:00 a.m. to 4:00 p.m. time limits. The City of Kent Department of
Public Works shall make the final decision on the suitability of the extended
collection hours (4:00 a.m. to 4:00 p.m.) for each route or location. The
Department of Public Works may reverse the decision with regard to the
suitability of the collection hours at any time and such decision shall take
effect 2 weeks after written notice is given to the Contractor.
20.3 The Contractor shall make one collection each week at all places
of residence. Residential collection shall he at curbside with the exception
of customers with physical disabilities or constraints as provided for in
Section C2 of Exhibit 1. Prior to any change in day or time of pickup on
residential routes, the Contractor shall notify the City and the customer in
writing. Contractor shall tag any refuse receptacle that is not dumped
indicating the reason it wasn't serviced. Collection at all other buildings,
places of business or premises where solid waste is accumulated or generated
shall he made daily if necessary, or as requested. Contractor shall comply
0672E -46E - 11 -
. with reasonable requirements of customers with respect to security, location
of containers and frequency of removal.
20.4 The Contractor agrees to provide for the removal and disposal of
garbage, refuse from City owned and occupied buildings used only for
governmental purposes and from the City parks within the City limits of Kent
without charge to the City, provided that the same is placed in containers
conveniently located for collection. (See Exhibit "2" for facilities
listing). The Contractor further agrees to service all City sidewalk cans as
often as needed, but at least once a week. (See Fxhibit "2" for map).
Additions, deletions or changes in collection from City owned buildings, parks
and street cans shall be subject to change as directed by the City. The City
may waive the requirements of this Section under special circumstances.
Hol i days
20.5 Contractor shall designate which holidays he will observe and
indicate the schedule he will work if the holiday falls on a regular
collection day. The Contractor shall notify the City in writing of the chanaP
in collection schedule at least four (4) weeks prior to the holiday. The City
10 will arrange to have the schedule published in a newspaper with general
circulation within the corporate limits of the City and bill the cost of same
to the Contractor. If the Contractor fails to provide the City with Notice,
the City may determine the holiday schedule. Deviation from the published
schedule shall he subject to liquidated damages provided in Section 26
•
Liquidated Damages.
Missed Collections and Special Collections
20.6 Adequate provisions shall he made by the Contractor to provide
special collections when garbage, refuse and other waste has not been
collected during the regularly scheduled trip. Special pickups for missed
collections shall be made by the Contractor when ordered by the Director of
Public Works or his representative at no cost to the City or the occupant. If
the Contractor fails to provide a special pickup within twenty-four (24) hours
of notification by the Director of Public Works or his representative the
Director of Public Works or his representative may cause the work to be done
by City forces.
0672E -46E - 12 -
20.7 In any case the Contractor shall be fined for late special
pickups or for failure to perform special pickups at the following rates:
After 24 hours - $200.00
After 48 hours - $400.00
Each additional 24 hours - $200.00/24 hour period.
The time count shall begin at the time of the notification by the Director of
Public Works or his representative.
20.8 The City shall deduct the full sum of the fine from the payment
due the Contractor.
20.9 Should the City cause the work to he done in accordance with the
above an additional $70.00 charge for each such pickup will be deducted from
the Contractor's payment.
20.10 Garbage left purposely by the Contractor must be tagged to
indicate why it was not picked tip. Also see Section 26 Liquidated Damaqes.
Inclement Weather
20.11 When the City and the Contractor, by mutual consent, determine
that an inclement weather condition exists which may prevent the Contractor
from providing service on a regularly scheduled basis, it shall be the policy
that users have the option of taking the refuse to the King County Transfer
Station during a period of such noncollection. The City shall attempt to
notify users - either by mail or by newspaper, radio or TV - of the "inclement
weather condition" and the established policy above defined.
20.12 In such cases, an adjustment will be made to the customer's
collection fee upon submittal of a dump fee receipt to the City of Kent
Utility Billing Office. The amount of the adjustment will correspond to the
normal rate structure and shall be calculated for the number of days or number
of pickups for which service was provided by the customer and not the
Contractor. The adjustment shall be deducted from the payment to the
Contractor.
20.13 AS AN ALTERNATIVE, customers may retain refuse until the
Contractor is able to reinstate service and Contractor shall pick up all
refuse, equal only to the normal missed pickup, at no additional charge to the
user.
Semi-Anntial Cleanup Weeks and Special Events
20.14 The Contractor, when requested to do so, shall provide special
services as required by the City for the City's residential semi-annual
OG72E-46E - 13 -
AM cleanup weeks. See Exhibit "7" for more information. Each January the
Contractor shall pick up Christmas trees. Said services shall be provided at
no additional cost to the City or its customers.
20.15 Contactor shall also provide collection for special events
within the City. Charges for such services shall be determined through
negotiations between the City and the Contractor based on the extent of
service to he performed.
2.1. Hauling and Disposal
21.1 Care shall he taken in the loading and transportation of garbage
and refuse so that any leaking, spilling or blowing is prevented. The
Contractor shall immediately clean up any spills upon notice from the City.
21.2 The Contractor shall deliver at his cost all garbage, refuse or
other waste to the Bow Lake King County Transfer Station or any other site
designated by the City or King County pursuant to any agreement between the
City of Kent and King County. The Contractor shall furnish written evidence
that he has approval and necessary permits to utilize any site chosen for the
duration of this Contract. Ile further agrees that he will operate under
applicable rules and regulations that may be a requirement of using said
facilities.
21.3 Under no circumstances shall the Contractor deliver to King
County disposal sites and facilities any waste that is defined as an
identified "hazardous waste" that under the Resource Conservation and Pecovery
Act, 42 USC Section 69.01-69.87, as amended, or rules and regulations
thereunder, or defined as identified "extremely hazardous wastes" or
identified "dangerous wastes" under RCW Chapter 70.105 and rules and
regulations promulgated thereunder. Violation of this Section shall he cause
for immediate termination of the City's agreement with the County.
Consequently, the Contractor shall be held strictly liable for any damages
caused to the City due to the violation of this Section.
21.4 Termination of the City's agreement shall not terminate the
Contractor's strict liability to the County and City for violation of this
Section regarding hazardous and dangerous wastes. All waste delivered by the
City of Kent through its Contractor to King County disposal sites and
facilities shall he in compliance with the Federal Resource Conservation and
Recovery Act, as amended; RCW Chapter 70.95; King County Board of Health Pules
and Regulations No. VIII, as amended; and all other applicable federal, State,
0672E -46E - 14 -
go and local environmental and health related laws, rules, and regulations.
22. Waste Reduction and Recycling:
22.1 Beginning with this Contract, the City of Kent is implementing a
Waste Reduction and Recycling Program. Under this new recycling program, the
Contractor is encouraged to pick and sort cardboard, waste paper ane any other
recyclables from commercial customers at their own private transfer station or
facility. Sale of the materials removed by the Contractor from the waste
stream is the responsibility of the Contractor. Compensation received by the
Contractor for said recyclables shall remain with the Contractor. The
Contractor shall make a monthly report to the City specifying the tonnage
recycled by the Contractor.
22.2 The Contractor should he aware that as part of the initial
recycling (Phase I) residential customers will receive incentives (utility
credits) to recycle by hauling residential recyclable materials to a
designated local recycler. Therefore, the quantity of residential garbage
should be decreased.
22.3 As an optional element under this Contract the bidder is to
submit a combined or separate bid and proposal for implementing and
administering the Residential Coupon Program at a local Recycling Center. See
Division II for details and specifications.
22.4 The commercial sector will he offered a rate incentive option
for recycling mixed waste paper and other recyclables as designated by the
City. The customer may choose to rent (or own) additional containers for the
mixed waste paper. These containers shall be located next to the regular
garbage and refuse containers. There will he a standard rate for containers
going to the transfer station and a recycling rate for containers with
recyclables. The standard rate will reflect the cost of collection and
disposal and the recycle rate will reflect the cost of collection only. The
recycle containers shall he serviced by the Contractor on an on-call basis
with a once -a -month pickup minimum.
22.5 The Contractor shall deliver the materials collected from
commercial customers to a recycler of his choice. The Contractor shall keep
records of recycle container tonnage collected and shall make a monthly report
to the City. The number of pickups per customer per month shall be counted
and recorded in the same manner as for garbage containers and drop boxes
except that the recycle container counts shall be separate from the
0672E -46E - 15 -
A& non -recycle containers. Also all monies collected by the Contractor for said
recycled materials shall belong to the Contractor. The Contractor shall also
provide the required additional rental containers as requested by the
customers. If it is possible for the customer to reduce the current container
size when installing a recycle container, the Contractor shall also supply the
chosen size container if the customer is rentina.
22.6 The unit Contract hid price for service fee, container rental
and delivery charges shall also apply to containers used for recycling. The
unit Contract bid price for container size change fee shall cover additional
costs involved in removing existing rental containers from the site when an
order is placed for a different container size to be used for parbane or
recyclahles.
22.7 The Contract provisions for garbage service shall also apply to
the recycling service. Also Sections 4, 5, 6.1, 7.1, 8.1, 9.2, 10.2, 11.1,
11.2 and 11.3 of Division III regarding residential Curhside Recycling shall
apply to commercial mixed waste paper recycling specified herein, unless
modified herein.
. 22.8 Future recycling efforts which may he implemented by the City
during the Contract period include the following:
1. Residential curbside collection with optional size toter
containers and new tiered or stacked recycling toter containers; composting;
and hazardous material sorting.
2. Additional commercial recycling of other lower value
recyclables not previously being recycled including hazardous materials.
22.9 These future efforts may or may not involve the regular Contract
hauler and the City of Kent reserves the right to separately Contract for such
services. The Contractor should be aware that such recycling efforts and
stepped rates will likely result in customers, including residential,
changing container size.
22.10 As an optional element cinder this Contract the bidder is to
submit a bid for the above mentioned residential Curbside Recycling Program.
See Division III for details and specifications.
22.11 If it is determined by the City that additional portion of the
garbage and refuse collected, but not recycled, under this Contract should be
recycled or changes made in the method of collection, the Contractor agrees to
perform the required work unless a separate Contract is utilized. Payments to
0672E -46E - 16 -
the Contractor will he made for all direct costs associated with City
originated recycling requests, less any reduction in cost through recycling
collection programs that reduce collection costs. If the City and the
Contractor cannot agree on the amounts involved, the matter shall be submitted
to arbitration under rules administered by the American Arbitration
Association. Such Board of Arbitration shall be composed of three (3)
arbiters, one selected by the Contractor, one by the City and one mutually
acceptable to both parties and the decision of the majority of the Board shall
be hindinq.
22.12 Should the sale or disposal of the recyclable materials,
collected under any of the recycling components of this Contract, result in
expenditure rather than income, no credit or payment will be due the
Contractor by the City and the City will not by liable for said expenditures.
23. Equipment:
23.1 Contractor sf•all provide an adequate number of vehicles approved
by the City for regular collection services of a type that are designed and
manufactured for the collection of garbaoe and refuse and are capable of
servicing containers.
23.2 Equipment used outside of the City limits shall also meet with
all applicable requirements of other political jurisdictions such as but not
limited to King County and City of Seattle (e.g., trucks hauling in the County
to a transfer station or landfill).
23.3 All equipment shall be approved by the City of Kent through a
Contracted representative and identified as a Contracted vehicle disposing
waste under Contract to the City of Kent. The Contractor agrees to comply
with all state load limits and Washington State Minimum Functional Standards
for transporting solid waste.
23.4 Vehicles used in collection and hauling shall he licensed and
approved for safe operation by all appropriate State agencies. Verification
of title, license and safety certification shall be provided to the City prior
to the vehicles use in collection and hauling within the City. Equipment is
subject to periodic inspection by the City and King County.
Collection Receptacles
23.5 Contractor shall provide 90 gallon "mobile toters" to
residential customers at no additional costs. All "mobile toters" shall he
the same color. The "mobile toters" shall remain the property of the
0672E -46E - 17 -
Contractor. The Contractor shall replace the "mobile toters" upon request and
shall bare all costs to do so. It shall be the responsibility of the
Contractor to provide and pursue individual remedy against party or parties
deemed responsible for said replacements by the Contractor and shall be at the
Contractor's option.
23.6 Optional 60 gallon "mobile toters" may he required for the
operation of the Curbside Recycling Program. See Section 10.3, of Division
III. The 60 gallon "mobile toters: shall meet ►pith the requirements specified
herein for the 90 gallon "mobile toters."
23.7 The City and the residential customers shall not he liable to
the Contractor for damage done to the "mobile toters" other than loss or
damage occurring directly as a result of negligence, carelessness or as a
result of violation of the restrictions of Kent Orbinance 2365, as amended, by
tl►e customer or the sole negligence of the City, its employees, or agents.
Nothing contained herein shall prohibit any customers from providing their own
containers in lieu of using the "mobile toters" provided by the Contractor
provided said container is compatible with Contractor's equipment.
23.8 When any commercial establishment elects to use containers for
the storage and collection of garbage and rubbish in lieu of garbage cans, the
location of said containers shall be that agreed upon between the Contractor
and the customer, provided, however, that the location shall he consistent
with provisions of all City ordinances and as a minimum will he so placed so
as to avoid any hazard to the public both while on the customers premises and
while being serviced by the Contractor.
Mai nton anro
23.9 Collection vehicles shall he kept in good repair, appearance and
sanitary condition at all times. All vehicles used in collection and hauling
shall he thoroughly washes► and cleaned in a manner satisfactory to the City of
Kent once every week. Each vehicle shall have the Contractor's name and phone
number and an identifying number clearly visible on each side of each vehicle,
and the identifying number painted on the rear. No advertising shall be
permitted other than the name of the Contractor. The Contractor shall not use
a firm name containing the words "Kent," "City" or any other words implying
municipal ownership. However, the Contractor is required to comply with any
King County requirements in the event the City of Kent and King County execute
an agreement.
0672E -46E - 18 -
23.10 All containers (1 yd and larger) furnished under the Contract
shall be painted in a neutral color, shall be consistent in color (same color)
and shall he kept in a clean and sanitary condition. Containers used soley
for the recycling program shall he a different color than those used for
garhaae and shall also he consistent in color.
23.11 Any equipment found not to comply with the above standards shall
be taken out of service and hrouaht to standards before being placed hack in
City service.
23.12 Areas used by the Contractor for the storing, parking or repair
of vehicles shall be kept in a clean and orderly condition.
Ownership:
23.13 All vehicles, facilities, equipment and property used in the
performance of this Contract shall be wholly owned by the Contractor;
provided, leasing or rental agreements shall be allowed and conditional sales
Contract, mortgages, or other Contractual arrangements for financing the
purchase of such equipment shall he allowed. All such leasing or rental
agreements shall provide that in the event of default of this Contract, or of
such leasing or rental agreement, the City at its option, shall have the right
to take possession of and operate vehicles and equipment covered by such
leasing or rental agreement for the unexpired term of this Contract.
23.14 At the termination of this agreement the City may, at its
option, enter into negotiations to purchase, at fair market value, all of the
Contractor's equipment used in the collection, hauling and disposal of garbage
and refuse within the City.
24. Pates: (Exhibit 1)
25. Pate Adjustment
25.1 Service and Rental Pates. The service and rental rates
(including rates for excess tonnage) set forth in Exhibit 1 shall be
applicable for the calendar year 1987 and shall then be adjusted as follows on
January 1 of each year:
25.2 Rates for calendar year 1988 shall be determined by taking the
rates in effect during December 1987 and adjusting such rates upward or
downward by 80 percent of the increase or decrease in the Consumer Price Index
for the July 1986 to July 1987 period. In like manner, the rates for
succeeding calendar years of the Contract shall be determined by taking the
rates in effect during December of the preceding year and adjusting such rates
0672E -46E - 19 -
upward or downward by the percentage increase or decrease in the Consumer
Price Index for the previous July -to -July period. The Consumer Price Index to
be used shall he the "Consumer Price Index, Revised Urban Wage Earners and
Clerical Workers" --all items published by the United States Department of
Labor, Bureau of Labor Statistics for the Seattle -Everett Metropolitan Area,
or substitute index. Although downward adjustments may be made in the rates
if the Consumer Price Index declines during a July -to -July period, in no event
shall the rates be less than those specified in Exhibit 1.
25.3 Dump Fees. The rate for dump fees set forth in Exhibit 1 shall
be based on the dump site selected from the various possible sites included in
the bid. The rates shall he calculated on the following per ton costs to the-
Contractor
heContractor for the dumpinq of garbage and refuse at the referenced sites.
Rove Lake King County Transfer Station $47.00/per ton
Algona King County Transfer Station $47.00/per ton
Cedar Hills Landfill (Direct Haul) .31.50/per ton
These rates have been approved by King County, and will be used to assess
bids. In the event that the actual King County dump fees vary from those
listed herein at the corrnnencement of the Contract the unit bid prices for dump
fees will be adjusted in accordance with these provisions.
25.4 It is understood that the dump fee charged to the Contractor
shall be passed directly on to the City. In the event of an increase or
decrease in the dump fee per ton charged to the Contractor, the rate for dump
fees shall be increased or decreased correspondingly, effective the date of
such increase or decrease; provided that an increase shall not take effect
until the Contractor has caused actual written notice of said increase or
decrease to be received by the City.
25.5 The amount of the increase or decrease on dump fees shall he
equal to the percentage change in the dump fee per ton charged to the
Contractor.
25.6 All decreases in dump fees shall be automatically and
immediately passed through to the City. Such decrease may result from lower
tipping fees designated by King County for the City of Kent as a result of the
City's recycling programs. It shall be the responsibility of the Contractor
to keep the City notified of rate decreases. Rate reductions shall be
credited to rates charged the City by the Contractor on a dollar for dollar
basis and shall be calculated from the first day the reduced rates take effect.
0672E -46E - 20 -
26. Liquidated Damages:
26.1 It is agreed that in case of a breach of service, the City may
elect to collect liquidated damages for each such breach and the Contractor
will pay to the City as liquidated damages and not as a penalty, the amounts
set forth below, such sums being agreed as the amount which the City will be
damaged by the breach of such service. An election to seek such remedies
shall not be construed as a waiver of any legal remedies the City may have as
to any subsequent breach of service under this Contract.
26.2 All damages are subject to annual adjustment in the same
percentage as the adjustments in rates under Section 25. Such liquidated
damages as the City shall elect to collect will be deducted from the
Contractor's monthly payment from the City. Violations of any specifications
in Section in this Contract shall be subject to a fine of $50 per occurrence
unless otherwise indicated.
A truck beginning residential $75 per occurrence
collection prior to 7:00 a.m.
Contractor's employee found without $100 per occurrence
proper uniform and/or safety shoes in
accordance with Section 18.1
Failure of Contractor to maintain, $100 per occurrence
wash and clean collection vehicles
in accordance with Section 23.8
Same customer missed three (3) times $100
in a six month period through no
fault of the customer.
The repetition of complaints on $150
a route after notification to
replace cans or containers in
designated locations, spilling, not
closing gate, crossing planted areas,
or similar violations.
Failure to comply with Holiday $150
Schedule.
Failure of Contractor to collect $200 after 24 hours
a missed pickup within 24 hours $400 after 48 hours
of notification provided the miss $200/24 hours for each
was reported within 48 hours of the additional 24 hours.
miss.
(Also see Section 20)
0672E -46E - 21 -
11,
If the Contractor fails to provide a special pickup within twenty-four (24)
hours of notification by the City, the City may cause the work to be done.
The sum of $70 for each such pickup shall be billed to the Contractor.
27. Billing and Payment:
27.1 The City will compute monthly payments to the Contractor and
agrees to pay the Contractor by the 15th day of the month following the
billing month. With the payment, the Contractor will receive:
An itemized statement of gross receipts;
A copy of all dumpster and drop -box billings;
A list of all adjustments;
27.2 For construction hox hillinas the Contractor will handle all
billings and remit to the City a percent equal to 12 percent plus the City's
utility tax rate. The above referenced payment to the City shall he based and
calculated on actual total billing amounts rather than monies collected
amounts. Therefore, no adjustments will he made for uncollected hills. The
Contractor agrees to pay the City by the 15th day of the month following the
billing month and agrees to provide copies of invoices with the payment.
27.3 If the City should change its billing cycles, this Section will
be revised accordingly.
28. Illegal Weights
28.1 The Contractor shall not he required to haul detachable
containers or drop boxes which are filled to a weight which exceeds the legal
weight limit for the trucks provided by the Contractor for this Contract. The
Contractor may, at its option, require the customer to remove the excess
weight or it may remove the excess weight itself and charge the cost of
removal to the customer.
0672E -46E - 22 -