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City Council Meeting - Council - Agenda - 1/5/2016
adccW11411 Mayor Suzette Cooke Council President Dana Ralph Councilmembers Jim Berrios Bill Boyce Tina Budell Brenda Fincher Dennis Higgins Les Thomas City of Kent Council MeetingAgenda January 5, 2016 This page intentionally left blank. KENT CITY COUNCIL AGENDAS January 5, 2016 Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Tina Budell Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5 p.m. Subject Speaker Time Commercial Embedded Recycling Tim LaPorte/Kelly Peterson 30 min Respect Action Plan Derek Matheson/Chris Hills 15 min COUNCIL RECEPTION 6 p.m. Outgoing Councilmember Deborah Ranniger Newly Elected Councilmember Tina Budell Returning Councilmembers Bill Boyce, Brenda Fincher, Dana Ralph and Les Thomas COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Recognition of Councilmember Deborah Ranniger B. Oath of Office C. Council President Election D. Council Committee Appointments E. Historical Note from Kent’s 125th Anniversary F. Public Recognition a. 2015 Kent Turkey Challenge Winners G. Community Events H. Economic and Community Development Report I. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. (Continued) COUNCIL MEETING AGENDA CONTINUED For more details regarding the public comment process, please refer to the section titled, “Public Comments,” on the reverse side. 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshops – Approve B. Excused Absence for Jim Berrios - Approve C. 1st Ave Improvements Regional Mobility Grant Agreement – Approve D. Consultant Services Agreement with Geo Engineers, Inc. for the 228th St. Union Pacific Grade Separation Project – Authorize E. Consultant Services Agreement with HDR Engineering, Inc. for the 228th St. Union Pacific Grade Separation Project – Authorize F. 640 Zone Pressure Reducing Valve Stations – Accept as Complete G. Solid Waste Contract – Authorize 8. OTHER BUSINESS A. Consolidating Budget Adjustment Ordinance for Adjustments between October 1, 2015 and December 31, 2015 – Adopt 9. BIDS A. Kent-Kangley Pedestrian Improvements Project – Award 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Collective Bargaining, as per RCW 42.30.140(4) 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the website at KentWA.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253.856.5725. For TDD relay service, call the Washington Telecommunications Relay Service at 1.800.833.6388. COUNCIL WORKSHOP 1) Commercial Embedded Recycling, Tim LaPorte/Kelly Peterson 2) Respect Action Plan, Derek Matheson/Chris Hills This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Recognition of Councilmember Deborah Ranniger B) Oath of Office C) Council President Election D) Council Committee Appointments E) Historical Note from Kent’s 125th Anniversary PUBLIC COMMUNICATIONS CONT. F) Public Recognition a) 2015 Kent Turkey Challenge Winners G) Community Events H) Economic and Community Development Report I) Intergovernmental Reports PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A_ CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through G. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular council meeting of November 17, 2015. This page intentionally left blank. Kent City Council Workshop Minutes November 17, 2015 The workshop meeting was called to order at 5:05 pm by Council President Ralph. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Ranniger and Thomas. 3rd Quarter Financial Report – Aaron BeMiller, Finance Director highlighted the 3rd Quarter Financial Report. He discussed the cash flows from 2012 to current. He reviewed the 3rd Quarter Revenue Collections and noted that the City is doing better than it did in the previous year. He said General Fund revenues, to include tax collections and utility tax revenues are all trending positively. Barbara Lopez, Assistant Finance Director communicated that the Business & Occupation (B&O) Fund revenues are similar to last year. She reviewed program administration costs and that about $1.2 million would be allocated to the Capital Improvement Program (CIP). She added that there were 173 taxpayer accounts added and $882,000 was collected for past due B&O taxes from 2013 and the ongoing payment estimate from those accounts would be $498,000 year. Councilmember Berrios confirmed that the $882,000 is included in some of the CIP allocation. He also confirmed that the $498,000 would be the amount collected from the 173 added taxpayers annually. He verified that the City has conducted 15 – 20 field audits. Lopez continued and highlighted 4th Quarter activities. She stated that the City hired a Tax and Compliance Officer on November 2 and reviewed the B&O timeline and desk and field audit activities. She clarified that a field audit is when the City asks a business to provide their receipts for their review and that a desk audit occurs when the returns come in and are examined for completeness. Lopez replied to Councilmember Thomas that the City has issued about 4,000 business licenses and there are about 3,600 registered for B&O with about 38 percent not owing because their gross receipts aren’t sufficient enough to owe anything. Councilmember Berrios recognized that the Finance Department is doing a great job at determining what businesses qualify for the B&O out of the 400 that aren’t registered for it. Councilmember Boyce and Councilmember Fincher thanked the team for their work. 2016 Mid-Biennium Budget – Aaron BeMiller, Finance Director noted that the estimated actuals have been provided to the Operations Committee and at the Council workshop. He highlighted the estimated sales tax attributed to construction projects was 15 percent. He continued and highlighted the City positions vacancy list. Councilmember Boyce inquired if the positions that have been vacant for a long time are really needed. BeMiller noted that the Department Directors would be the best to Kent City Council Workshop Meeting Minutes 2 answer the question and Matheson added that he does work with the Directors to ensure the positions are needed prior to the recruitments going out. BeMiller continued and announced the City’s debt capacity. However, he noted that when the City goes out for a bond he ensures the City has the ability to pay the debt. BeMiller stated that a 2016 adjustment to the portion of sales tax allocated to the CIP fund would remain in the General Fund and Council President Ralph explained that those two revisions would cover the budget gap. BeMiller explained that 70 percent of the sales tax goes into the General Fund and 30 percent goes to the CIP. He noted that slightly less would come out of the CIP and the adjustment would be 75 percent to 25 percent to balance the 2016 budget. BeMiller continued and noted that the 4 percent internal utility tax allocation based on the Mayor’s proposal would be distributed 50 percent to Streets, 25 percent to IT, and 25 percent to placemaking. He noted that the allocation can be done without revising the ordinance. He also confirmed for Councilmember Thomas that the language in the ordinance can’t be changed, but the allocation is up to the Council. Councilmember Boyce confirmed with BeMiller that the allocations would be $1 million, $500,000 and $500,000. BeMiller also noted that $2 million is budgeted because there needs to be a good operating fund balance in the CIP fund. Councilmember Berrios felt that any excess funds should be allocated to Parks. BeMiller communicated that when 2015 is closed the allocation can be communicated. Council President Ralph stated that she received a request from the City of Auburn that the City of Kent rejoin the National League of Cities (NLC). Matheson communicated that NLC lobbies for city interests on a national level. Councilmember Berrios added that there are also benefits for community members if the City is a member and would like to know what membership advantages there are. Councilmember Ranniger noted that the recession caused the City to make budget cuts and NLC membership was discontinued. She noted that being a member of this organization gives the City the opportunity to rub shoulders with cities in the nation and determine what is going on nationwide. She stated that the opportunity to network with other cities to see what they are doing would be advantageous to the City. Council President Ralph communicated that NLC lobbied on getting new oil train regulations put in place. City Hall Space Efficiency Study – Chief Administrative Officer Derek Matheson communicated that a year ago a $34 million ballot measure for a new police headquarters was voted down by the residents. He communicated that currently the Kent City Council Workshop Meeting Minutes 3 two options are to; 1) put it on the ballot again, or 2) reallocate space in City Hall. The Council, he said, chose the second option and a consultant was retained. A space efficiency study was conducted and it was determined that there was sufficient building space to run City Hall. He reviewed the proposed revised layout and noted that there would be a security wing and an administrative wing of the campus. He highlighted the several advantages of the new configuration. Rex Bond, ARC Architects reviewed the current configuration of City Hall and the proposed configuration. Councilmember Berrios stated that he appreciated the old and new square feet allocations that are in the presentation. Chief Administrative Officer Matheson communicated that the next step would be to have ARC come up with a scope of how much this would cost and determine funding options. He noted that completing this study sends a good message to the public that the City studied the efficiency. Councilmember Berrios confirmed that the space between the existing police offices and City Hall could be made into a two-story space. Watling noted that there is potential for further expansion and thanked the staff for their great input and ARC for their work. He added that this exercise allowed for the discovering of adjacencies and efficiencies. He discussed access and security enhancements. Council President Ralph obtained Council consensus to move forward with the next steps of this item. Meeting adjourned at 6:23 pm. Ronald F. Moore, MMC City Clerk This page intentionally left blank. Kent City Council Meeting Minutes November 17, 2015 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Ranniger and Thomas. CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF. Council President Ralph moved to postpone Item 8A, Ordinance Banning Fireworks-Adopt, until the January 19, 2016 Council workshop meeting, seconded by Councilmember Thomas. Council President Ralph communicated that she moved this item so the Council can have the opportunity to discuss the proposed ordinance in full. She noted that the item would be brought back to the Council on January 19. Council President Ralph confirmed for Councilmember Berrios that the item would be postponed because of the abundance of items that are proposed on the January 5, 2015 Council meeting agenda. Councilmember Berrios communicated that he was in favor of pulling the ordinance until January 19 in lieu of Councilmember Higgins’ absence. Councilmember Thomas confirmed that the item would be heard at the workshop first, be considered by the Council at the regular meeting. Councilmember Boyce was in favor of the motion. He expressed concerns that based on the proposed legislation a 13 year old with a sparkler could be fined on July 4, 2017. Councilmember Ranniger communicated that she is in favor of deferring the item until January 19, 2016. Councilmember Fincher communicated that she hopes the Council remembers the will of the voters and take in to account what the fines are. She is in favor of deferring the item until January 19, 2016. Council President Ralph noted that she hasn’t made the motion to disregard the will of the voters. She stated that it is her job to ensure the Council has had full discussion of the proposed legislation and that the details of the ordinance need to be reviewed. Councilmember Thomas called for the question, seconded by Councilmember Fincher. Motion carried 6-0. Kent City Council Meeting Minutes 2 A vote was taken on the motion on the table to postpone Item 8A, Ordinance Banning Fireworks-Adopt, until the January 19, 2016 Council workshop meeting, which carried 6-0. PUBLIC COMMUNICATIONS A. Historical Note from Kent’s 125th Anniversary – Zachary VanTassel, Executive Director of the Greater Kent Historical Society communicated about the 1954 Turkey Day Game. Kent resident Chuck Simpson discussed the game and recognized the players of the game which were in attendance. B. Public Recognition – Councilmember Thomas announced that he won’t be here for the December 8 Council meeting. He highlighted the career of Councilmember Ranniger and noted that she was instrumental in getting the floating ball installed in the Kent Plaza. C. Recognition of Adopt-a-Street Volunteers – Gina Hungerford, Recycling Program Coordinator honored the Adopt-a-Street volunteers and announced the individual members in the 19 groups. Councilmember Berrios recognized Dennis Manes, General Manager for Republic Services who passed away recently. D. Proclamation for Small Business Day – Mayor Cooke read the proclamation and presented it to Barbara Smith, Executive Director, Kent Downtown Partnership. E. Community Events – Council President Ralph communicated that 50,000 people travelled to Kent to see Disney on Ice “Frozen” and that there were soccer and hockey games at the ShoWare, too. She also noted that the Harlem Globetrotters and college basketball is also coming up at the facility. F. Public Safety Report – Assistant Chief Straus communicated that the Police Department has received its four year accreditation and that 10 officers assisted with the annual Thanksgiving lunch at the Senior Center. He added that on October 24 Assistant Chief Padilla led the effort for “Tip a Cop” which raised funds for the Special Olympics. Straus presented the Citizen’s Accommodation Award to Theresa Barnes and Devin Barnett for their quick thinking in saving the life of a young woman. He also presented the Chief’s Award for Exceptional Duty to Officer Moreno for his actions leading to the arrest of a suspect while under hazardous conditions and physical impairment. Council President Ralph added that the Kent Police Department is working with Kent Youth and Family Services on “Shop with a Cop” for the second year. G. Intergovernmental Reports – Council President Ralph discussed her meeting with the Transportation Policy Board and said there was discussion on the three year Kent City Council Meeting Minutes 3 extension on the funds that were given to Kent for the grade separations. She also highlighted that there were discussions at the South County Area Transportation Board (SCATBD) meeting concerning commuting and the express tolling revisions on I-405. Councilmember Fincher noted that the King County Conservation District meets tomorrow. Councilmember Boyce stated that the Sound Cities Association Policy Issues Committee discussed the election results. He added that there is a King County Executive Summit on December 11 at the Microsoft Campus discussing economic development in King County. PUBLIC HEARING None. PUBLIC COMMENT 1. Terence Finn, Kent – Finn thanked the Council for all that they do and noted that he voted for the ban on fireworks. He added that some of the surrounding cities already have a ban and maybe we should look into their language as a model for ours. He noted that residents from the cities that surround us come to our City to light their fireworks. He noted that the public displays are great, but the crazy things going on in our communities are unacceptable. He mentioned the injuries, fires and litter attributed with fireworks and said it is a serious problem and hopes it won’t take long to ban the large fireworks. Mayor Cooke noted that the City can’t expedite the ban because it is a State law and the City’s legislation must be in effect one year prior to a ban to take effect. She noted that the Council has until June to enact this ordinance which won’t go into effect until July 2017 if they adopt it. 2. Far Ghoddoussi, Kent – Ghoddousi spoke to the Council concerning a plat he did in the City. He distributed a letter to the Councilmembers and noted that he has invested $250,000 in this property and is asking for an extension on his plat. City Attorney Thomas Brubaker spoke to the item. Councilmember Ranniger communicated that she remembers this item and the City passed an amendment that all projects had come to a halt and there is some precedent to do this. 3. Marilyn Schultheis, Kent – Schultheis communicated that she voted in favor of the fireworks ban. She stated that she will be watching carefully to see if the Council honors the will of the residents. She stated that her family has never been able to enjoy the fireworks in her neighborhood because they generate embers and scare her animals. She stated that the voters did their part and voted to ban fireworks and asked that the Council do theirs. Kent City Council Meeting Minutes 4 4. Grace Al-Khafaji, Kent – Al-Khafaji noted that there are stores in Kent that are allowing minors to get alcohol. She noted that it has been an ongoing thing and asked all store owners to lock their alcohol up. Mayor Cooke asked that Commander Scholl work with Al-Khafaji communicate where the problem stores are. 5. Richard Wilkinson, Kent – Wilkinson noted that there is a misuse of fireworks in Kent. He stated that as a result of implementing this ordinance the ordinary citizen who likes to have sparklers and well-managed fireworks. He stated that he can’t imagine having a child and their parent being approached by a police officer concerning having fireworks to celebrate the 4th of July. He agreed with having the ordinance revised to ensure residents with controlled fireworks can still enjoy them without persecution. 6. Tina Budell, Kent – Budell stated that she came to the Council meeting because of the fireworks ordinance. She stated that she can’t wait to work with the Council to craft an appropriate ordinance. She noted that the people she spoke to weren’t opposed to fireworks, but opposed to the blatant disregard between neighbors when it came to fireworks. She also added that there needs to be some teeth to the legislation to the people from other communities bringing fireworks into Kent and the neighbors who spend $5,000 in fireworks or fire them on July 6. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar items A through K, seconded by Councilmember Thomas. Motion carried 6-0. A. Approval of the Minutes – Approve. The minutes of the workshop and special council meeting of October 13, 2015 and the workshop meeting of October 20, 2015 were approved. B. Approval of Bills – Approve. Bills received through October 15 and paid on September 30 and October 15 after auditing by the Operations Committee on November 3, 2015 were approved. C. Joint Funding Agreement with the U.S. Geological Survey for Water Resources Investigations - Authorize. The Mayor to sign the Joint Funding Agreement for Water Resources Investigations between the City of Kent and the U.S. Geological Survey upon concurrence of the contract’s terms by the City Attorney and Public Works Director. D. Goods and Services Agreement with JCI Jones, Inc. for 2016 Water Treatment Chemical Supply – Authorize. The Mayor was authorized to sign the 2016 Water Treatment Chemical Supply Goods and Services Agreement with JCI Jones Chemicals, Inc. for Gas Chlorine and Sodium Hydroxide, in an amount not to exceed $93,150.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Kent City Council Meeting Minutes 5 E. Amendment to Maintenance Contract with Preferred Copier Systems for City Multi-function Copier/Printer Devices – Authorize. The Mayor was authorized to sign an amendment extending the Goods and Services Agreement with Preferred Copier Systems in an amount not to exceed $100,000 through July 31, 2016 for maintenance of the City’s fleet of Ricoh Multifunction Devices subject to terms and conditions acceptable to the City Attorney and Information Technology Director. F. Amendment to Consultant Services Agreement with Jones, Lang LaSalle for Disposition of the Riverbend, Par 3 Site - Authorize. The Mayor was authorized to sign Amendment II with Jones, Lang Lasalle, (JLL) for the disposition of the Riverbend, Par 3 site subject to terms and conditions acceptable to the Economic & Community Development Director, Parks Director, and the City Attorney. G. Consolidating Budget Adjustment Ordinance – 3rd Quarter – Adopt. Ordinance No. 4173 was adopted, approving the consolidating budget adjustments made between July 1, 2015 and September 30, 2015 reflecting an overall budget increase of $31,271,331. H. Write-offs of Uncollectable Accounts – Authorize. The Mayor was authorized to write-off uncollectable accounts owed to the City in the amount of $33,856.07, subject to final approval of the Finance Director and City Attorney. I. SAMHSA Drug Free Communities Grant – Accept. The Mayor was authorized to sign the Drug Free Communities Support Program Grant from the Substance Abuse and Mental Health Services Administration in the amount of $125,000, amend the budget, and authorize expenditure of the grant funds in accordance with the grant’s terms and conditions. J. Accessory Dwelling Units Zoning Code Amendment Ordinance – Adopt. Ordinance No. 4174 was adopted, amending Title 15 of the Kent City Code (KCC) including new regulations in KCC 15.08.160 regulating all accessory buildings, along with related amendments to KCC Chapters 15.02, 15.04 and 15.08. K. Meeker Street Design Guidelines Ordinance - Adopt. Ordinance No. 4175 was adopted, amending Kent City Code to extend Downtown Design Guidelines and multifamily design review to zoning districts along the Meeker Street Corridor from 64th Avenue South to Kent-Des Moines Road, including designating Meeker Street in this area as a Class B Pedestrian Street for the purposes of applying the Downtown Design Guidelines. OTHER BUSINESS A. Ordinance Banning Fireworks – Adopt. This item was postponed to the January 19 Council workshop meeting. BIDS None. Kent City Council Meeting Minutes 6 REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. – Council President Ralph highlighted the three items discussed at the workshop, the 2015 Mid-Biennial Budget, the City’s 3rd Quarter Financials, and the City Hall Space Efficiency Study. B. Mayor. – Mayor Cooke said she presented the City’s transportation needs to the State Transportation Improvement Board. She thanked Michelle Wilmot for helping put together the presentation. She added that the Cultural Community Conversations group has begun and the first meeting was with the Iraqi community and 40 people attended. She stated that the group was very helpful in giving the City ideas on how to proceed. She noted that the Kent First Christian Church celebrated their 100th birthday this weekend. She added that she will be speaking at Totem Middle School on Friday. She noted that the next Council meeting is on December 8. She added that she will be at the AWC Large Cities meeting on December 1 where homelessness is the main topic and how to make a difference in the homeless population. C. Chief Administrative Officer. – Chief Administrative Officer Derek Matheson communicated that there is an executive session as per RCW 42.30.110 (b) and (c) and that the CAO Report is in the Council packet. D. Economic & Community Development Committee. – No report. E. Operations Committee. – In the minutes. A. Parks and Human Services Committee. – Councilmember Ranniger noted that the next Parks and Human Services Committee meeting will be on November 24. Councilmember Ranniger communicated that fireworks isn’t a new issue and back in 2004 the Council passed the “Amnesty and Enforcement Education” program to allow residents to turn in illegal fireworks without being punished. At that time, she stated that fireworks enforcement was increased and a signage program was implemented. She asked that the Council take into consideration the challenges that the police and fire are encountering with fireworks and stated that a partial ban doesn’t work. However, the Council doesn’t want to see a juvenile go to jail for lighting a sparkler. H. Public Safety Committee. – Councilmember Berrios thanked Mayor Cooke for attending the Regional Transportation Committee meeting after breaking her foot. He recognized the efforts of the Police Department for their accreditation. H. Public Works Committee. – Council President Ralph noted that the Public Works Committee meeting was yesterday and there were three presentations. The City, she said, works hard to keep garbage rates low and a contract extension is being looked at with some consideration of going into having an additional contract for imbedded commercial recycling. She also added that there was a presentation about utilizing concrete at road intersections in the City. Finally, she noted that there was a discussion about work with Covington on the relocating the water lines. I. Regional Fire Authority. – No report. Kent City Council Meeting Minutes 7 RECESS At 8:56 p.m., Mayor Cooke called for a five minute recess. EXECUTIVE SESSION At 9:01 p.m., Mayor Cooke reconvened the meeting and announced that the Council would recess into an Executive Session for ten minutes to discuss property negotiations, per RCW 42.30.110(1)(b). At 9:11 p.m., Mayor Cooke extended the Executive Session for an additional five minutes. At 9:14 p.m., Mayor Cooke reconvened the regular meeting. A. Property Negotiations, as per RCW 42.30.110(1)(b) and (c). ACTION AFTER EXECUTIVE SESSION City Attorney Tom Brubaker communicated that the City has been in negotiations with the Ramada Hotel to do a land swap and purchase concerning land for the 224th Street Project. Council President Ralph moved to authorize the City staff to pursue a combined property exchange and sale of City-owned property with the owners of the Ramada property (formerly the Holiday Inn and Cypress Inn property), located at 22318 84th Avenue South, together with payment by the City of an amount not to exceed $329,800, plus reasonable closing costs, and to authorize the Mayor to sign all necessary documents to complete the purchase of this property, subject to the approval of the Public Works Director and City Attorney, second Councilmember Thomas. Motion carried 6-0. ADJOURNMENT The meeting adjourned at 9:17 p.m. Ronald F. Moore, MMC City Clerk This page intentionally left blank. Agenda Item: Consent Calendar – 7B_ TO: City Council DATE: January 5, 2016 SUBJECT: Excused Absence for Jim Berrios - Approve SUMMARY: Councilmember Berrios is unable to attend the City Council meeting of January 5, 2016. RECOMMENDED BY: Council President Ralph YEA: N/A NAY: N/A BUDGET IMPACTS: N/A MOTION: Approve an excused absence for Councilmember Berrios as he was unable to attend the City Council meeting of January 5, 2016. This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: January 5, 2016 SUBJECT: 1st Ave Improvements Regional Mobility Grant Agreement – Approve SUMMARY: The City was successful in receiving a $272,000 grant from the Washington State Department of Transportation through its Regional Mobility Program. This grant will allow the City to improve the west side of 1st Avenue N. between W. Smith St. and W. Temperance St. and provide additional parking between W. Temperance St. and W. James St. This project will complete pedestrian facilities along the west side of 1st Avenue N. adjacent to the Kent Transit Center and will provide 36 new parking stalls, street lighting and two electric vehicle charging stations. EXHIBITS: Washington State Department of Transportation Regional Mobility Grant GCB 2292 RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: BUDGET IMPACTS: The City will receive $272,000 from the Washington State Department of Transportation with a required city match of $150,000 estimated at this time. After bidding, staff will report back to committee with the final match amount. MOTION: Authorize the Mayor to sign necessary documents to accept the Washington State Department of Transportation Regional Mobility Grant for the 1st Avenue North – West Smith Street to West James Street improvements project in the amount of $272,000 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. GCB 2292 Page 1 of 13 State Capital Construction Grant Agreement WSDOT Regional Mobility Grant Program Washington State Department of Transportation Public Transportation Division 310 Maple Park Avenue SE PO Box 47387 Olympia, WA 98504-7387 WSDOT Contact: Tom Hanson (360) 705-7919 Cell #: 509-667-3029 Contractor: City of Kent 220 - 4th Ave S Kent, WA 98032 Contact Person: Ken Langholz 253-856-5516 Term of Project: From July 1, 2015 to June 30, 2017 Federal ID #: 91-6001254 Scope of Project: As set forth in Exhibit I, Project Scope, Schedule and Budget, and Attachment A to Exhibit I Project Title: Kent Transit Center - 1st Avenue North Parking and Street Improvements (PIN: 20150002) Location: As set forth in Exhibit I Attachment A Project Costs: 2015-2017 RMG Funds $272,000 Agreement Number: GCB 2292 2017-2019 Projected RMG Funds $ 0 Local Match $ 68,000 Total Project Cost $340,000 THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter “WSDOT,” and the contractor identified above, hereinafter the “CONTRACTOR,” individually the “PARTY” and collectively the “PARTIES,” WITNESSETH THAT: WHEREAS, pursuant to RCW 47.66.030 the Regional Mobility Grant Program has been established to aid local governments in funding projects such as intercounty connectivity service, park and ride lots, rush hour transit service, and other capital projects that improve the connectivity and efficiency of the state’s transportation system; WHEREAS, pursuant to RCW 47.66.040 WSDOT shall select projects based on a competitive process consistent with local, regional, and state transportation plans, local transit development plans and local comprehensive land use plans; WHEREAS, pursuant to chapter 44.48 RCW the Legislative Evaluation and Accountability Program (LEAP) Committee provides analysis and monitoring of state expenditures, budgets and related fiscal matters and consults with Legislative committees; WHEREAS, the State of Washington in its Sessions Laws of 2015, Chapter 10, Section 220 (4) and (5), provides Regional Mobility funding through the multimodal transportation account and the regional mobility grant program account as identified in the budget through its 2015-2017 biennial appropriations to WSDOT; WHEREAS, WSDOT Public Transportation Division administers Regional Mobility Grant Program funds to provide assistance solely for transportation projects as identified in LEAP Transportation Document 2015-2 ALL PROJECTS as developed on March 30, 2015 Public Transportation V; NOW, THEREFORE, in consideration of the terms, conditions, performances, and mutual covenants herein set forth and the attached Exhibit I, “Project Scope, Schedule and Budget,” IT IS MUTUALLY AGREED AS FOLLOWS: GCB 2292 Page 2 of 13 Section 1 Purpose of Agreement The purpose of this AGREEMENT is for WSDOT to provide capital funding to the CONTRACTOR for the design, acquisition, construction and/or improvements of capital facilities and infrastructure to be used in the provision of transportation services to persons in the State of Washington, hereinafter referred to as the “Project.” Reference to the “Project” shall include all such capital facilities, infrastructure and/or associated equipment designed, acquired, constructed, improved or installed under this AGREEMENT. Section 2 Scope of Project The CONTRACTOR agrees to perform the work and complete the Project described and detailed in Exhibit I, “Project Scope, Schedule and Budget” and in accordance with its Attachment A, “Project Application – Location and Description of Work” (hereinafter referred to as “Attachment A”) , and in accordance with the terms and conditions of this AGREEMENT. By the preceding reference Exhibit I with its Attachment A is fully incorporated herein as if fully set out in this AGREEMENT. In the event any conflicting terms exist between Exhibit I, “Project Scope, Schedule and Budget” and Attachment A, Exhibit I, “Project Scope, Schedule and Budget” supersedes and shall prevail over Attachment A. Section 3 Term of Project The Project period of this AGREEMENT shall commence and terminate on the dates shown in the caption space header titled “Term of Project” regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header titled “Term of Project” and all caption space headers above are by this reference incorporated herein into the AGREEMENT as if fully set forth in the AGREEMENT. Section 4 State Review of Project WSDOT shall review the project identified in this AGREEMENT as Exhibit I, “Project Scope, Schedule and Budget” and Attachment A, at least semiannually to determine whether the Project is making satisfactory progress. If WSDOT has awarded funds, but the CONTRACTOR does not report satisfactory activity within one (1) year of the initial grant award, WSDOT shall review the Project to determine whether the grant should be terminated as provided in Section 33, Termination. Section 5 Project Costs and Minimum Match Requirement The reimbursable costs of the Project shall not exceed the amount indicated for State Regional Mobility Grant Funds located within the caption space header titled “Project Costs.” The CONTRACTOR agrees to expend eligible funds, together with other funds allocated for the Project, in an amount sufficient to complete the Project as detailed in Exhibit I, “Project Scope, Schedule and Budget” and Attachment A. The CONTRACTOR is required to provide a minimum match of funds for the Project as identified in the caption space header titled “Project Costs” in the amount indicated as “Minimum Matching Funds Required.” Examples of eligible matching funds are listed in WSDOT’s Regional Mobility Grants Program Guidebook, which can be found at http://www.wsdot.wa.gov/Transit/Grants/regional-mobility-grants- program-guidebook.htm and any amendments thereto, which by this reference is fully incorporated herein as if fully set out in this AGREEMENT. If at any time the CONTRACTOR becomes aware that the cost which it expects to incur in the performance of this AGREEMENT will exceed or be less than the amount identified as “Total Project Cost” in the caption space header titled “Project Costs,” the CONTRACTOR shall notify WSDOT in writing within thirty (30) calendar days of making that determination. Section 6 Inspection of the Project The CONTRACTOR shall inspect the Project pursuant to this AGREEMENT as required during construction and upon Project completion. Upon receipt and acceptance of the Project, the CONTRACTOR agrees that it has fully inspected the Project and accepts it as being in good condition and repair, and that the CONTRACTOR is satisfied with the Project and that the Project complies with all regulations, rules, and laws. GCB 2292 Page 3 of 13 Section 7 Use of Park and Ride Facilities In order to be eligible to receive a Regional Mobility grant, a transit agency must establish a process for private transportation providers to apply for the use of park and ride facilities. Section 8 Miscellaneous Charges and Conditions The CONTRACTOR shall pay and be solely responsible for all storage charges, parking charges, late fees, and fines, as well as any fees and taxes, except applicable state sales or use tax, which may be imposed with respect to the Project by a duly constituted governmental authority as the result of the CONTRACTOR’s use or intended use of the Project. All replacements, repairs, or substitutions of parts or Project Equipment shall be at the cost and expense of the CONTRACTOR. Section 9 Payment A. State funds shall be used to reimburse the CONTRACTOR for allowable expenses incurred in completing the Project described in Exhibit I, “Project Scope, Schedule and Budget” and Attachment A. Allowable Project expenses shall be determined by WSDOT as described in WSDOT’s Regional Mobility Grants Program Guidebook, and any subsequent amendments thereto. In no event shall the total amount reimbursed by WSDOT hereunder exceed the “State Regional Mobility Grant Funds” identified in the caption space header titled “Project Costs.” B. Payment will be made by WSDOT on a reimbursable basis for actual net Project costs incurred within the timeframe in the caption space titled “Term of Project” less any pre-payment discounts, rebates, late penalties and/or refunds. Such costs to be reimbursed shall be calculated as described in WSDOT’s Regional Mobility Grants Program Guidebook, and any subsequent amendments thereto. The CONTRACTOR may submit to WSDOT requests for partial payment for eligible costs incurred no more than once per month and the CONTRACTOR shall submit to WSDOT an invoice or financial summary of the activity of the Project at least quarterly. Payment is subject to the submission to and approval by WSDOT of appropriate invoices, reports, and financial summaries. C. The CONTRACTOR shall submit an invoice by the 15th of July of every state fiscal year (July 1 through June 30) of the Term of Project. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. The CONTRACTOR’s final payment request must be received by WSDOT by July 15 immediately following the final fiscal year of the Term of Project , within thirty (30) days of the completion of the Project, or within thirty (30) days of the termination of this AGREEMENT, whichever is sooner. Any payment request received after the 15th day after the end of the grant period will not be eligible for reimbursement. Section 10 Assignments, Subcontracts, and Leases A. Unless otherwise authorized in advance in writing by WSDOT, the CONTRACTOR shall not assign any completed Project facilities and/or infrastructure under this AGREEMENT, or execute any contract, amendment, or change order thereto pertaining to the Project or obligate itself in any manner with any third party with respect to its rights and responsibilities under this AGREEMENT or lease or lend the Project or any part thereof to be used by anyone not under the CONTRACTOR’s direct supervision. B. The CONTRACTOR agrees to include Sections 11 through 25 of this AGREEMENT in each subcontract and in all contracts it enters into for the employment of any individuals, procurement of any materials, or the performance of any work to be accomplished under this AGREEMENT. The PARTIES further agree that those clauses shall not be modified, except to identify the subcontractor or other person or entity that will be subject to its provisions. In addition, the following provision shall be included in an advertisement or invitation to bid for any procurement by the CONTRACTOR under this AGREEMENT: Statement of Financial Assistance: “This AGREEMENT is subject to the appropriations of the State of Washington.” GCB 2292 Page 4 of 13 Section 11 Reports and Project Use A. The CONTRACTOR agrees that the Project shall be used for the provision of transportation services within the area indicated in Exhibit I Attachment A, for the term of the Project’s plus four years after the project is complete, as set forth in WSDOT’s Regional Mobility Grants Program Guidebook, and any subsequent amendments thereto. The CONTRACTOR further agrees that it will not use or permit the use of the Project in a negligent manner or in violation of any law, or so as to avoid any insurance covering the same, or permit the Project to become subject to any lien, charge, or encumbrance. Should the CONTRACTOR unreasonably delay or fail to use the Project during the project term and reporting period, the CONTRACTOR agrees that it may be required to refund up to the entire amount of the “State Regional Mobility Grants Funds” expended on the Project. The CONTRACTOR shall immediately notify WSDOT when any Project facilities and/or infrastructure is withdrawn from Project use or when the Project or any part thereof is used in a manner substantially different from that identified in Exhibit I, “Project Scope, Schedule and Budget” and Attachment A. If the Project is permanently removed from transportation services, the CONTRACTOR agrees to immediately notify WSDOT of its intentions regarding the disposal of the Project or any part of the Project thereof. B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the Term of Project, regarding the progress of the Project and annual performance reports for four calendar years after the project is operationally complete, as prescribed in WSDOT’s Regional Mobility Grants Program Guidebook, and any subsequent amendments thereto or as WSDOT may require, including, but not limited to, interim and annual reports. The CONTRACTOR shall keep satisfactory written records with regard to the use of Project and shall submit the following reports to, and in a form and at such times prescribed by WSDOT as set forth in WSDOT’s Regional Mobility Grants Program Guidebook, 2015 version, and any subsequent amendments thereto: 1. An approved Performance Measurement Plan must be on file with WSDOT before submitting the first reimbursement request. 2.An Annual Performance Report that includes a summary of overall project performance and supporting data. 3. Reports describing the current usage of the Project and other data which WSDOT may request from the CONTRACTOR by memos, e-mails or telephone requests. 4. In the event any portion of the Project sustains disabling damage, the CONTRACTOR shall notify WSDOT immediately after the occasion of the damage, including the circumstances thereof. 5. The CONTRACTOR shall collect and submit to WSDOT, at such time as WSDOT may require, such financial statements, data, records, contracts, and other documents related to the Project as may be deemed necessary by WSDOT. C. Remedies for Misuse or Noncompliance. The CONTRACTOR shall not use the Project or any part thereof in a manner different from that described in Exhibit I, Project Scope, Schedule and Budget, and Attachment A, as set forth in Section 2 of the AGREEMENT. If WSDOT determines that the Project has been used in a manner different from Exhibit I, Project Scope, Schedule and Budget, and Attachment A, WSDOT may direct the CONTRACTOR to repay WSDOT the State funded share of the “Project Costs.” WSDOT may also withhold payments should it determine that the CONTRACTOR has failed to comply with any provision of this AGREEMENT. Section 12 Maintenance of the Project The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it remains in good and operational condition until the end of its useful life. The useful life of the constructed project is determined by WSDOT, indicated in the “Financial Plan Table” of the 2015-2017 Regional Mobility Grant Application that is based upon Architectural/Engineering (A&E) estimates, materials used and industry standards for the type of structure built. All service, materials, and repairs in connection with the use and operation of the Project during its useful life shall be at the CONTRACTOR’s expense. CONTRACTORS who are transit agencies must also have a Transit Asset Management Plan certified by WSDOT that details the transit agency’s plan to maintain the Project. All other CONTRACTORS must submit a written Maintenance Plan to WSDOT for approval prior to the occupation and/or operations of the Project. The CONTRACTOR agrees, at a minimum, to maintain the Project and service or replace parts at intervals recommended in the manuals and/or instructions provided by the subcontractors and/or component manufacturers, or sooner if needed. The CONTRACTOR shall have the Project routinely inspected and make arrangements for any appropriate service and repair under the manufacturer’s warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records of all maintenance and parts replacement performed on the Project in accordance with Section 22, Audits, Inspection, and Retention of Records. The CONTRACTOR shall provide copies of such records to WSDOT, upon request. GCB 2292 Page 5 of 13 Section 13 General Compliance Assurance The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT’s Regional Mobility Grants Program Guidebook and any amendments thereto. The CONTRACTOR agrees that, WSDOT and/or any authorized WSDOT representative, shall have not only the right to monitor the compliance of the CONTRACTOR with respect to the provisions of this AGREEMENT, but also have the right to seek judicial enforcement with regard to any matter arising under this AGREEMENT. It is understood by the CONTRACTOR that this assurance obligates the CONTRACTOR and any transferee of the CONTRACTOR, or said transferee’s successor(s), for the term of this AGREEMENT.” Section 14 Compliance with State Design Standards The CONTRACTOR agrees the Project design must comply with all Washington State Standard Specifications for Road, Bridge, and Municipal Construction (www.wsdot.wa.gov/Publications/Manuals/M41-10.htm), and any revisions thereto. Projects that wish to use design standards that differ from state standards must submit a request to WSDOT’s Public Transportation Division and obtain documented approval before design work commences. Section 15 No Obligation by the State Government No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability of WSDOT with regard to this AGREEMENT without WSDOT’s specific written consent, notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the solicitations thereof and the CONTRACTOR hereby agrees to include this provision in all contracts it enters into for the design, acquisition, and construction of facilities and/or infrastructure related to the Project, or the performance of any work to be accomplished under this AGREEMENT. Section 16 Ethics A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any loan, gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall the CONTRACTOR rent or purchase any Project equipment and materials from any employee or officer of WSDOT. B. . Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not engage on a full, part-time, or other basis during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of WSDOT without written consent of WSDOT. Section 17 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. Section 18 State and Local Law Except when a federal statute or regulation pre-empts state or, local law, no provision of this AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. Thus if any provision or compliance with any provision of this AGREEMENT violates state, or local law, or would require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the CONTRACTOR agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the Project. Section 19 Labor Provisions Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all GCB 2292 Page 6 of 13 hours worked in excess of forty (40) hours in such workweek. CONTRACTOR will comply with Title 49 RCW, Labor Regulations. Section 20 Environmental Protections and Archeological Preservation The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW “State Environmental Policy Act” (SEPA). The CONTRACTOR also agrees to comply with all applicable requirements of Executive Order 05-05, Archeological and Cultural Resources, for all capital construction projects or land acquisitions for the purpose of a capital construction project, not undergoing Section 106 review under the National Historic Preservation Act of 1966 (Section 106). Section 21 Accounting Records A. Project Accounts. The CONTRACTOR agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The CONTRACTOR agrees that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible and available to WSDOT upon request, and, to the extent feasible, kept separate from documents not pertaining to the Project. B. Documentation of Project Costs and Program Income. The CONTRACTOR agrees to support all allowable costs charged to the Project, including any approved services contributed by the CONTRACTOR or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The CONTRACTOR also agrees to maintain accurate records of all program income derived from implementing the Project. Section 22 Audits, Inspection, and Retention of Records A. Submission of Proceedings, Contracts, Agreements, and Other Documents. During the term of the Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT may require. Project closeout does not alter these recording and record-keeping requirements. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six (6) year period then the CONTRACTOR’s obligations hereunder shall be extended until the conclusion of that pending audit, enforcement, or litigation process. B. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required by WSDOT at CONTRACTOR’s expense. Project closeout will not alter the CONTRACTOR’s audit responsibilities. C. Inspection. The CONTRACTOR agrees to permit WSDOT, and the State Auditor, or their authorized representatives, to inspect all Project work materials, payrolls, maintenance records, and other data, and to audit the books, records, and accounts of the CONTRACTOR and its contractors pertaining to the Project. The CONTRACTOR agrees to require each third party contractor to permit WSDOT, the State Auditor, or their duly authorized representatives, to inspect all work, materials, payrolls, maintenance records, and other data and records involving that third party contract, and to audit the books, records, and accounts involving that third party contract as it affects the Project. Section 23 Permitting The CONTRACTOR agrees to be solely responsible for all required Federal, State and/or local permitting as related to the Project. Section 24 Loss or Damage to the Project A. The CONTRACTOR, at its own expense, shall cover any loss, theft, damage, or destruction of the Project’s facilities, associated equipment and/or infrastructure using either of the following methods: 1. The CONTRACTOR shall maintain property insurance for facilities, associated equipment and/or infrastructure adequate to cover the value of the Project; the CONTRACTOR shall supply a copy of the Certificate of Insurance specifying such coverage to WSDOT with the first request for reimbursement, and supply proof of renewal annually thereafter; or GCB 2292 Page 7 of 13 2. The CONTRACTOR shall certify that it has self-insurance and provide a written certificate of self-insurance to WSDOT with the first request for reimbursement, and annually thereafter. The CONTRACTOR will cover from its own resources the costs of repairing or replacing any Project facilities, associated equipment and/or infrastructure, if it is stolen, damaged, or destroyed in any manner. B. If the damage to the Project does not result in a total loss, payments for damage shall be paid directly to the CONTRACTOR. The CONTRACTOR shall, within thirty (30) days, either: 1. Devote all of the insurance proceeds received to repair the Project and place it back in service, and the CONTRACTOR shall, at its own expense, pay any portion of the cost of repair which is not covered by insurance; or 2. In the event the CONTRACTOR certified to self- insurance, devote all funds necessary to repair the Project and place it back into service. C. If the Project is a total loss, either by theft or damage, the insurance proceeds or equivalent shall be paid directly to the CONTRACTOR and within fifteen (15) days the CONTRACTOR shall pay WSDOT its proportionate funded share of such proceeds received. The CONTRACTOR shall within sixty (60) days of loss, theft, or damage, notify WSDOT that it either: 1. Intends to replace the lost Project facilities, associated equipment and/or infrastructure; or 2. Does not intend to replace the lost Project facilities, associated equipment and/or infrastructure. D If the CONTRACTOR intends to replace the Project facilities, associated equipment and/or infrastructure then WSDOT will reimburse the CONTRACTOR upon receipt of an approved invoice, funds up to the amount WSDOT received in insurance proceeds. E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, shall not be deemed as having relieved the CONTRACTOR of any liability in excess of such coverage as required by the limitation of liability section of this AGREEMENT, or otherwise. Section 25 Limitation of Liability A. The CONTRACTOR shall indemnify and hold WSDOT, its agents, employees, and officers harmless from and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as “claims”), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR’s performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the negligent acts omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend the WSDOT, its agents, employees or officers to the extent that claims are caused by the negligent acts or omissions of the WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR’s employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. In the event either the CONTRACTOR or WSDOT incurs attorney’s fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 26 Personal Liability of Public Officers No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with this AGREEMENT, it being understood that in such matters he or she is acting solely as an agent of WSDOT. GCB 2292 Page 8 of 13 Section 27 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the Project as it is defined by this AGREEMENT and any amendments thereto. If the CONTRACTOR solicits advice from WSDOT on problems that may arise, the offering of WSDOT advice shall not shift the responsibility of the CONTRACTOR for the correct administration and success of the Project, and WSDOT shall not be held liable for offering advice to the CONTRACTOR. Section 28 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 29 Lack of Waiver In no event shall any WSDOT payment of funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default. Such payment shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default Section 30 Changed Conditions Affecting Performance The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or law, or of any other event, which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT. Section 31 Agreement Modifications Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this AGREEMENT must be mutually agreed upon and incorporated by written amendment to this AGREEMENT. Such amendments shall not be binding or valid unless signed by the persons authorized to bind each of the PARTIES. Section 32 Disputes A. Disputes. Disputes, arising in the performance of this AGREEMENT, which are not resolved by agreement of the PARTIES, shall be decided in writing by the WSDOT Public Transportation Division’s Assistant Director or designee. This decision shall be final and conclusive unless within ten (10) days from the date of CONTRACTOR’S receipt of WSDOT’s written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the Director’s designee. The CONTRACTOR’s appeal shall be decided in writing by the Director of the Public Transportation Division within thirty (30) days of receipt of the appeal by the Director of the Public Transportation Division or the Director’s designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person, property, or right because of any act or omission of the other PARTY or any of that PARTY’s employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other PARTY within thirty (30) days after the first observance of such injury or damage. D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other right or remedy under this document or afforded by law or equity, and may be exercised independently, concurrently, or successively and shall not be construed to be a limitation of any duties, obligations, rights and remedies of the PARTIES hereto. No action or failure to act by the WSDOT or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under this AGREEMENT, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. GCB 2292 Page 9 of 13 Section 33 Termination A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. Written notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the portion to be terminated. However if, in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may terminate the award in its entirety. PARTIES may terminate this AGREEMENT for convenience for reasons including, but not limited to, the following: 1. The requisite funding becomes unavailable through failure of appropriation or otherwise; 2. WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 4. The CONTRACTOR is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the CONTRACTOR; or 5. The State Government or WSDOT determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project. 6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in its possession belonging to WSDOT, the CONTRACTOR will account for the same, and dispose of it in the manner WSDOT directs. B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform any of the requirements of this AGREEMENT, including: 1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of this AGREEMENT would have required the approval of WSDOT; 2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the CONTRACTOR operates; 3. Failure to perform the Project or any part thereof including, but not limited to: a) Failure to build the Project according to the design specifications and all building code required standards; b) Failure to remedy all defects in the performance of the Project and correct all faulty workmanship by the CONTRACTOR or its subcontractors in a timely manner; c) Failure to take any action which could affect the ability of the Project to perform its designated function or takes any action which could shorten its useful life for Project use or otherwise; or d) Failure to make reasonable and appropriate use of the Project real property, facilities, equipment and/or infrastructure. 4. Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or 5. Fails to perform in the manner called for in this AGREEMENT, or fails, to comply with or, is in violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default hereunder. If it is later determined by WSDOT that the CONTRACTOR had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, WSDOT may: a) allow the CONTRACTOR to continue work after setting up a new delivery of performance schedule, or b) treat the termination as a termination for convenience. C. WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice GCB 2292 Page 10 of 13 of termination will state the time period in which cure is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to CONTRACTOR. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its sureties for said breach or default. D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. Section 34 Venue and Process In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The PARTIES agree that the laws of the State of Washington shall apply. Section 35 Subrogation A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such action as may be necessary or appropriate to preserve the CONTRACTOR’s right to recover damages from any person or organization alleged to be legally responsible for injury to the Project or other property in which WSDOT has a financial interest. B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of recovery against any person or organization for loss, to the extent of WSDOT’s loss. Upon assignment, the CONTRACTOR shall execute, deliver, and do whatever else necessary to secure WSDOT’s rights. The CONTRACTOR shall do nothing after any loss to prejudice the rights of WSDOT. C. Duties of the Contractor. If WSDOT has exercised its right of subrogation, the CONTRACTOR shall cooperate with WSDOT and, upon WSDOT’s request, assist in the prosecution of suits and enforce any right against any person or organization who may be liable to WSDOT due to damage to the Project. The CONTRACTOR shall attend hearings and trials as requested by WSDOT, assist in securing and giving evidence as requested by WSDOT, and obtain the attendance of witnesses as requested by WSDOT. Section 36 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or any part thereof, which in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 37 Counterparts This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept WSDOT’s grant and agrees to all of the terms and conditions thereof. Section 38 Complete Agreement This document contains all covenants, stipulations, and provisions agreed upon by WSDOT. No agent or representative of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein or made by written amendment hereto. GCB 2292 Page 11 of 13 Section 39 Execution This AGREEMENT is executed by the Director, Public Transportation Division, State of Washington, Department of Transportation or the Director’s designee, not as an individual incurring personal obligation and liability, but solely by, for and on behalf of the State of Washington, Department of Transportation, in the capacity as Director, Public Transportation Division, or as a designee. Section 40 Binding Agreement The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind their respective agency(ies) and/or entity(ies) to the obligations set forth herein. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last written below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CONTRACTOR By: By: Brian Lagerberg, Director Authorized Representative Public Transportation Division Title: Print Name: Print Title Date: Date: APPROVED AS TO FORM By: Susan Cruise Assistant Attorney General Date: November 16, 2015 GCB 2292 Page 12 of 13 EXHIBIT I PROJECT SCOPE, SCHEDULE AND BUDGET Project A Scope of Work: To provide capital funding assistance to construct sidewalk, curb, gutter, lighting, street trees, drainage, and parking along the west side of 1st Avenue North between Smith Street and Temperance Street and added parking along the west side of 1st Avenue North between Temperance Street and James Street for a total of 36 added parking spaces and two new electric charging stations. Funds Total Funds Awarded 2015-2017 RMG Funds $272,000 2017-2019 RMG Funds $ 0 Contractor’s Funds (Minimum 20%) $ 68,000 Total Project Funds $340,000 See Attachment A, Regional Mobility Grant Project Application – Location and Description of Work for additional details. GCB 2292 Page 13 of 13 Attachment A to Exhibit I Project Application Location and Description of Work City of Kent Kent Transit Center - 1st Avenue N Parking (W Smith Street to W James Street) ✔ ✔ $272,000 $0 $272,000 91-6001254 33rd and 47th 220 4th Ave S Kent, WA 98032 Ken, Langholz 253-856-5516 klangholz@kentwa.gov Paul Scott 253-856-5509 pscott@kentwa.gov This project will complete pedestrian facilities along the West side of 1st Avenue North adjacent to the Sounder Rail Platform at the Kent Transit Center. The project will provide 36 new parking stalls, street lighting, two new electric vehicle charging stations and pedestrian amenities. Sidewalk, curb, gutter, lighting, street trees, drainage, and parking along the west side of 1st Avenue N between Smith Street and Temperance Street and added parking along the west side of 1st Avenue N between Temperance Street and James Street for a total of 36 added parking spaces and two new electic vehicle charging stations. 16,661 trips/year 18,346 trips/year 335,549 miles/year 369,480 miles/year Timothy J. LaPorte, P.E. Public Works Director 10/6/2014 (Updated 10/13/2014) Project Description (two pages) Describe the problem this project is designed to solve in relation to both the local public transportation system and the broader regional transportation system. Include the location and the specific congested corridor or situation. This project is designed to provide additional transit access to support the high parking demand at the Kent Transit Center. The existing surface and structured parking is full by 7AM on weekdays. With the current Sounder schedule, half of the AM northbound commuter trains arrive after 7AM. Commuters that would otherwise choose to ride the bus or train to access other regional centers are having to drive instead. Many riders have expressed frustration that a lack of parking prohibits them from being able to access transit. A missing link of sidewalk along 1st Avenue N between Smith St and Temperance St is also within the project area. This area is heavily used by commuters walking and biking to and from the Sounder Platform and Metro and Sound Transit bus station pullouts. This project will complete pedestrian improvements in the area as well as increase parking. Project Description (two pages) Describe how the proposed grant project will address the above problem. The project will construct sidewalk and pedestrian amenities to complete the pedestrian access at the Kent Transit Center on the west side of 1st Avenue N. This section of roadway is adjacent to the Kent Transit Center Parking Garage as well as the Sounder Platform, a heavily used multi-model roadway. 14 parking spaces will be added between Smith St and Temperance St. On 1st Avenue between Temperance St and James St, the roadway is channelized for three lanes without parking. The proposed project will re-stripe the roadway to two lanes and add 22 new parking spaces along this section of 1st Ave North. Two electric vehicle charging station will also be added. Readiness to Proceed 'RHVWKHDSSOLFDQWFXUUHQWO\KDYHWKHIXQGLQJQHFHVVDU\WRFRPSOHWHWKHSURMHFWZLWKWKHH[FHSWLRQRIWKHVH JUDQWIXQGV" <HV 1R 'HVLJQFRPSOHWH (QYLURQPHQWDOSHUPLWVDSSOLHGIRU" <HV 1R x 3HUPLWLVVXHG" <HV 1R 'RHVWKLVSURMHFWUHTXLUH1(3$6(3$"1$<HV1R x 'RFXPHQWVVXEPLWWHG" <HV 1R x $SSURYDOUHFHLYHG" <HV 1R x ,VWKHSURMHFWH[SHFWHGWRUHFHLYHD &DWHJRULFDO([FOXVLRQ &( <HV 1R ([HFXWHG2UGHUUHTXLUHVDUHYLHZRIDOOFDSLWDOFRQVWUXFWLRQSURMHFWVDQGODQGDFTXLVLWLRQV,I\RXU SURMHFWUHTXLUHVH[FDYDWLRQWKHQ\RXPXVWKDYHDOHWWHUIURPWKH'HSDUWPHQWRI$UFKHRORJ\DQG+LVWRULF 3UHVHUYDWLRQ '$+3 VWDWLQJ\RXUSURMHFWZLOOOLNHO\KDYHQRLPSDFWRU\RXPXVWIROORZWKHUHTXLUHPHQWV WKH\SXWIRUWK 'RHV\RXUSURMHFWUHTXLUHH[FDYDWLRQRUGLVSODFHPHQWRIVRLO" <HV1R x ,I\RXDQVZHUHG\HVKDYH\RXVHQW\RXU SURMHFWWR'$+3IRUUHYLHZ" 1$<HV1R 'RHV\RXUSURMHFWUHTXLUHWKHSXUFKDVHRIULJKWRIZD\" <HV 1R x ,I\RXDQVZHUHG\HVZKDWSHUFHQWDJHRIWKH ULJKWRIZD\KDYH\RXDFTXLUHG" +DYH\RXDGYHUWLVHGIRUELGV" <HV 1R If no, give a detailed explanation of when full funding will be available. ✔ 30% ✔ ✔ ✔ ✔ ✔ 0% ✔ Readiness to Proceed 9HQGRUFRQWUDFWRUVHOHFWHG" <HV 1R &RQVWUXFWLRQFRPSOHWH" &RQVWUXFWLRQSHUPLWVDSSOLHGIRU" <HV 1R x 3HUPLWLVVXHG" <HV 1R 03257329HULILFDWLRQ VHHVHFWLRQRIWKHJUDQWDSSOLFDWLRQJXLGH <HV 1R x ,I\HVFLWHSURMHFWLGHQWLILFDWLRQQXPEHUBBBBBBBBBBBBBBBB x ,VWKHSURMHFWLQWKHDSSOLFDQWVV\VWHPRUFRPSUHKHQVLYHSODQ" <HV 1R x ,I\HVFLWHWKHGRFXPHQWDQGSDJHQXPEHUBBBBBBBBBBBBBBBB x ,VWKHSURMHFWLQWKHFRPSUHKHQVLYHSODQV RULQWKH\HDU7UDQVLW'HYHORSPHQW3ODQ" <HV 1R ,IWKHSURMHFWZLOODIIHFWDWUDQVLWDJHQF\GRHV\RXU DJHQF\KDYHZULWWHQFRQFXUUHQFHIURPWKHWUDQVLWDJHQF\" 1$ <HV 1R Transit agency applicants only.'RHV\RXUDJHQF\KDYHDSURFHVVWR DOORZDSULYDWHEXVFRPSDQ\WRXVHDSDUNDQGULGHORW\RXRZQRU SURYLGHVHUYLFHWR"A process is required if you want to receive grant funds. WSDOT will not review, comment, or score the transit agencies process.1$ <HV 1R )RU2SHUDWLQJSURMHFWV QHZRUH[WHQGHGURXWHV LVWKHSODQQLQJSURFHVVFRPSOHWH" 1$<HV 1R )RU(TXLSPHQWSURFXUHPHQWSURMHFWVKDVWKHDJHQF\LGHQWLILHG YHKLFOHW\SHRSWLRQVDQGDYDLODEOHFRQWUDFWVWRSLJJ\EDFNRQ"1$<HV 1R $GGLWLRQDO,QIRUPDWLRQ ✔ 0% ✔ ✔ Email attached ✔ Comp Plan 9-19 ✔ ✔ Project Schedule Construction Projects )RU\HDUSURMHFWVDOORIWKHVHPLOHVWRQHVPXVWRFFXUEHIRUH-XQH )RU\HDUSURMHFWVWKHIROORZLQJPLOHVWRQHVPXVWRFFXUEHIRUH-XQH x 'HVLJQ FRPSOHWH x &RPSOHWHHQYLURQPHQWDOGRFXPHQWDWLRQ x 6HWFRQWUDFWDGGDWH x 6HWFRQVWUXFWLRQVWDUWGDWHDQGSURMHFWFRPSOHWLRQGDWH 'HVLJQFRPSOHWH 'HVLJQFRPSOHWH 'HVLJQFRPSOHWH 'HVLJQ FRPSOHWH &RPSOHWHHQYLURQPHQWDOGRFXPHQWDWLRQ ([HFXWLYH2UGHUFRPSOLDQFH 2EWDLQUHTXLUHGSHUPLWV /DQGDFTXLUHGULJKWRIZD\FHUWLILFDWLRQ 8WLOLWLHV $GGDWH %LGGDWH $ZDUGGDWH &RQVWUXFWLRQVWDUWGDWH &RQVWUXFWLRQFRPSOHWH &RQVWUXFWLRQFRPSOHWH &RQVWUXFWLRQFRPSOHWH 2SHUDWLRQDOO\FRPSOHWH 3HUIRUPDQFH0DQDJHPHQW3ODQ 303 DSSURYHGE\:6'27 )XOO\FRPSOHWH 6LWHLQVSHFWLRQYLVLWE\:6'27 Construction Project Milestones &ULWLFDOSDWKPLOHVWRQHVDUHLQBold Past or planned completion dates PP\\ 08/14 09/14 01/15 03/15 01/15 03/15 03/15 05/15 05/15 06/15 06/15 07/15 08/15 08/15 09/15 09/15 10/15 10/15 11/15 NA Project Schedule Equipment/Vehicle Project )RU\HDUSURMHFWVDOORIWKHVHPLOHVWRQHVPXVWRFFXUEHIRUH-XQH )RU\HDUSURMHFWVWKHIROORZLQJPLOHVWRQHVPXVWRFFXUEHIRUH-XQH x 'HYHORSPHQWDSSURYDORIILQDOVSHFLILFDWLRQV x 3ODFHRUGHU x 6HWGHOLYHU\GDWH Equipment/Vehicle Purchase Milestones &ULWLFDOSDWKPLOHVWRQHVDUHLQBold Past or planned completion dates PP\\ 5)3RI,)%SXEOLVKGDWH &RQWUDFWDZDUG 6HWGHOLYHU\GDWH )LUVWYHKLFOHDFFHSWHG )LUVWYHKLFOHVHUYLFHVWDUWGDWH $OOYHKLFOHVDFFHSWHG $OOQHZYHKLFOHVLQVHUYLFH 6HUYLFHLQVSHFWLRQYLVLWE\:6'27 3HUIRUPDQFH0DQDJHPHQW3ODQ 303 DSSURYHGE\:6'27 Operating Projects )RUDOORSHUDWLQJSURMHFWVWKHQHZVHUYLFHPXVWVWDUWEHIRUH2FWREHU 6HUYLFHSODQFRPSOHWHG 6WDUWGDWHHVWDEOLVKHG 6HUYLFHVWDUWGDWH 6HUYLFHLQVSHFWLRQYLVLWE\:6'27 3HUIRUPDQFH0HDVXUHPHWQ3ODQ 303 DSSURYHGE\:6'27 Operating Project Milestones &ULWLFDOSDWKPLOHVWRQHVDUHLQBold Past or planned completion dates PP\\ NA NA NA NA NA NA NA NA NA NA NA NA NA NA Impact on Congested Corridors Identified Bottleneck or Chokepoint %RWWOHQHFNRUFKRNHSRLQWQXPEHUIURPPDS %RWWOHQHFNRI&KRNHSRLQWORFDWLRQLVQRWRQPDS Level of Service 7KHFXUUHQWOHYHORIVHUYLFHWKURXJKWKHFRUULGRULV &RPPHQW Describe the congestion problems your proposal addresses. 7KHH[SODQDWLRQVKRXOGUHODWHWKHSURMHFWWR ERWKWKHSXEOLFWUDQVSRUWDWLRQV\VWHPDQGWKHEURDGHUUHJLRQDOWUDQVSRUWDWLRQV\VWHPDQGVKRXOGFOHDUO\ GHPRQVWUDWHWKHFRQQHFWLRQEHWZHHQWKHSUREOHPDQG\RXUSURSRVDO Bottlenecks in this area: 15, 21, 22, 24, 70. C to F LOS varies from C to F depending on location. Kent, the sixth largest city in the State, is located in the heart of South King County along Interstate 5 between Tacoma and Seattle. With both a designated urban center and manufacturing and industrial center, there is no lack of transportation activity throughout the City. The Kent Transit Center is situated within the urban center in downtown Kent, serving thousands of commuters each day. Three regional freeways run through Kent from north-to-south: Interstate 5 (I-5), State Route 167 (SR 167), and SR 181 (W Valley Highway). Five State Routes (SR) are located within or adjacent to the borders of Kent: SR 99 runs north-to-south along the City’s western border, just west of I-5; SR 516 runs east-to-west through the southern portion of Kent; SR 515 runs north-to-south through the middle of the City; and SR 18 passes just southeast of the City limits. The region has experienced significant residential and employment growth over the past several decades. As a result, these systems have become increasingly congested. Transit is essential to reducing Vehicle Miles Traveled (VMT) in our region. Through the City's Commute Trip Reduction (CTR) program, the City has had great success helping employees bridge the gap regarding the last leg of their trip using the VanShare program. Transit, ride-sharing, parking, pedestrian and bicycle facilities are all vital to maximizing the services that are currently in place. Ridership is currently at an all time high, these services will become increasingly more critical as ridership continues to increase. Additional parking and increased pedestrian access is just one piece of the puzzle. The City looks forward to continuing to work with our regional partners to expand the transit system, decrease VMT, and work with our business community to expand the CTR program. System Integration (two pages) Page 1 of 2 'HVFULEHWKHV\VWHPLQWHJUDWLRQSUREOHPV\RXUSURSRVDODGGUHVVHV)RUH[DPSOHLQGLFDWHKRZ \RXUSURSRVDO x LPSURYHVPXOWLPRGDOFRQQHFWLRQVDQGVHUYLFH x HVWDEOLVKHVRULPSURYHVFRQQHFWLRQVEHWZHHQFRXQWLHVRUXUEDQFHQWHUV x H[HPSOLILHVFRRUGLQDWLRQDPRQJMXULVGLFWLRQVDQGRU x LPSURYHVWKHXVHRIGHPDQGPDQDJHPHQWVWUDWHJLHVWROHYHUDJHH[LVWLQJVHUYLFHVDQG SURJUDPVLQFOXGLQJ*URZWKDQG7UDQVSRUWDWLRQ(IILFLHQF\&HQWHUSURJUDPV x /LPLW\RXUUHVSRQVHWRWZRSDJHV This project will improve transit access at the Kent Transit Center by completing a missing sidewalk link, providing pedestrian amenities, and adding 36 additional parking stalls for commuters. Additional lighting, drainage, sidewalk, curb, gutter, and landscaping along 1st Avenue N will improve safety near the Sounder Platform. This project is located right in the middle of the action. Thousands of transit riders access this location each day. The highest boarding activity in Kent is at Kent Transit Center. The Transit Center is currently served by fifteen King County Metro Routes, two Sound Transit Regional Express routes, and Sounder Commuter Rail. The Kent Transit Center is a multi͈modal transfer station for Sound Transit’s express routes, Sounder Commuter Rail and King County Metro routes serving the region. The Kent Transit Center currently has 994 parking spaces (surface and garage), passenger amenities such as bus shelters, lighting, sidewalks, bicycle racks and lockers, as well as rider information. The Transit Center is centrally located in downtown Kent will easy access to key destinations such as: the Regional Justice Center, the Kent Library, the ShoWare Events Center and downtown businesses. Significant retail development is located immediately west of the tracks and adjacent to the commuter rail station. Additional retail development is under construction and residential units are planned to open this Fall. A 5-story mixed-use development consisting of 172 urban-style apartments, 3,100 square feet of retail was recently constructed and scheduled to open later this Fall. Amazon is also locating a new distribution facility and will be bringing more than a hundred new employees to Kent. Slated to open in the fall of 2015, Amazon is joining a score of innovative, globally competing companies with leading facilities in Kent including REI, Starbucks, and Boeing. Through the City's comprehensive plan update the City is looking at ways to equitably serve our community with transit through inclusive planning and decision making. Our goal is to provide safe, reliable, multi-modal access to transit. The City recently updated the Downtown Subarea Action Plan (DSAP) which articulates a vision for Downtown Kent as a compact, dense, urban center that is pedestrian-friendly, economically vibrant, and livable. System Integration (two pages) Page 2 of 2 As a designated urban center, the City recognizes that providing Single Occupancy Vehicle (SOV) parking isn't the end goal. Increasing the number of all-day parking stalls will free up spaces in the Kent Transit Center parking garage that can be reserved for VanShare's. Many employees have trouble accessing the 'last mile' of their trip. VanShare's are able meet that demand. Parking is a critical component to ensuring a Vanshares success. The City has also been actively involved in both the PSRC Transportation Demand Management (TDM) Steering Committee as well as the PSRC Transit Access Working Group. We look forward to learning from the pilot parking programs/studies that are currently underway and look forward to working with our regional partners to maximize transit access and manage demand. $0 $52,238 $41,790 $10,448 $0 25 $0 50 $0 25 $0 20 $263,762 $211,010 $52,752 20 $0 25 $0 15 $0 15 $0 10 $0 7 $0 1.5 X length of grant $0 Length of grant $0 1.5 X length of grant Street/Train Car Rolling Stock $0 30 $0 30 $0 5 $0 7 $0 12 $0 $0 $24,000 $19,200 $4,800 $0 $0 $340,000 $272,000 $0 $68,000 $0 $0 80.0% Park and ride Parking Structure Land Acquisition Purchase Land Acquisition Lease Passenger/Bicycle Amenities 3 Total Project Cost % of RMG Contribution to Overall Project Cost not exceed 80% 1 Electric Vehicle Charging Stations Promotion Outreach/Advertising Fixed Guidway Rolling Stock Buses Other 2 Cutaway Bus Van Chassis Cutaway Bus Truck Chassis Transportation Demand Management New Bus Route, Extending, Increased Frequency Security Systems Transit Center Transit Only, HOV, and BAT Lanes Bus Bulbs and Sidewalks Pedestrian/Bicycle Trail Connections Bus Shelters Funding Sources and Amounts Transit Signal Priority Project Activity Total Project Funds Regional Mobility Grant Funds Other State Funds Local Funds Federal Funds Other Funds Useful Life Overhead, salaries, benefits PE/Design Park and Ride Surface Lot Greenhouse Gas Emission Reduction Policy Statement 1.+DV\RXUDJHQF\DGRSWHGSROLFLHVWRUHGXFH*UHHQKRXVH*DV(PLVVLRQV" <HV 1R 2.3OHDVHGHVFULEHVSHFLILFJRDOVDQGREMHFWLYHVRI\RXUDJHQF\¶V*UHHQKRXVH*DV(PLVVLRQ5HGXFWLRQ3ROLF\ DQGGHVFULEHZKDWFRPSRQHQWVLWLQFOXGHVDQGKRZLWLVLPSOHPHQWHG 3.5&:UHTXLUHVSURMHFW³FRQVLVWHQF\´ZLWKWKHVWDWH*UHHQKRXVH*DVHPLVVLRQOLPLWVDQG 9HKLFOH0LOH7UDYHOHGUHGXFWLRQEHQFKPDUNVIRXQGLQ5&:3OHDVHGHVFULEHKRZ\RXUSURSRVHG SURMHFWLVFRQVLVWHQWZLWK5&: ✔ The City adopted resolution No. 1878, endorsing and adopting Greenhouse Gas Emission Reduction Policies, on October 15, 2013. Exhibit A of Resolution No. 1878 outlines a number of strategies for public buildings, employees, fleet/vehicles, purchasing, equipment, waste reduction/use, land use, global, energy source/use, public eduction/outreach and transportation. The City is currently undergoing a Comprehensive Plan Update which is being guided by the goals and policies established in Vision 2040, the adopted regional growth strategy; the Washington Climate Change Challenge established by the Governor in February 2007, and Legislative action under RCW 70.235.020, both of which established greenhouse gas emission targets; and the approved County-wide Planning Policies for King County. This project will reduce greenhouse gas emissions (GHG) by reducing vehicle miles traveled and by increasing or encouraging the use of alternative travel modes. The project also provides safe and convenient access for pedestrians and bicyclists. This project will promote ride sharing programs, by freeing up additional spaces in the Kent Transit Center surface parking garage for designated ride sharing vehicles. Additional parking at the Transit Center will also support local employers that participate in trip reduction programs. This project also reduces GHG emissions by providing two new electric vehicle charging stations, these will be the first City installed electric vehicle charging stations. This project is consistent with the state's limits on the emissions of greenhouse gases established in RCW 70.235.020 as well as statewide goals to reduce annual per capita vehicle miles traveled by 2050. The project is estimated to reduce 18,346 vehicle trips/year and 335,549 vehicle miles/year by 2020. 1 Whitman, Monica From:Kelly McGourty <KMcGourty@psrc.org> Sent:Monday, October 06, 2014 10:58 AM To:Whitman, Monica Subject:RE: MPO verification - Kent Regional Mobility Grant Monica – This project as described is consistent with the region’s long-range metropolitan transportation plan, Transportation 2040. If funding is awarded, PSRC will expedite processing of the funds into the State Transportation Improvement Program. Please let me know if you need any additional information – Kelly Kelly McGourty Program Manager Puget Sound Regional Council 1011 Western Ave., Suite 500 Seattle, WA 98104-1035 Ph (206)971-3601 Fax (206)587-4825 From: "Whitman, Monica" <MWhitman@kentwa.gov> To: "Jeff Storrar" <JStorrar@psrc.org> Subject: MPO verification - Kent Regional Mobility Grant Jeff, The City is planning on applying for a State Regional Mobility Grant. This project will expand all day parking for commuters adjacent to the Sounder Platform. 36 new parking spaces are proposed to be added. Attached is a map our engineering section prepared. This project is consistent with our certified Comprehensive Plan plans and policies. The grant application requires MPO verification (a letter, memo or an email is sufficient) to verify that the project is consistent with the regional transportation plan or policies, as well as local transportation and transit plans or policies. Please let me know if PSRC is able to verify that this project meets those requirements. Thanks, Monica Monica Whitman, Senior Transportation Planner Transportation Engineering | Public Works Department 400 West Gowe, Kent, WA 98032 Phone 253-856-5564 mwhitman@kentwa.gov<mailto:mwhitman@kentwa.gov> Kent Transit Center - Parking Expansion Adjacent to the Sounder Commuter Rail Platform Annual VT Reduction:Using the formula provided by WSDOT in the application guide: VT Reduced Annually = (utilization)*(capacity)*(2 trips/day)*(260 days/year) And the following estimated values: Utilization: .89 initial utilization and .98 utilization in year 4. The year 4 value is consistent with the current parking structure utilization rate, and while the year one value may seem high, we believe it is justified due to the highly visible and accessible location of parking, better proximity than the existing parking garage structure to the primary commuter train platform, and preference that some riders exhibit for surface parking based on the perception of increased safety due to greater visibility. Capacity: 36 additional (new) parking spaces. We arrived at the following Annual VT Reduction Estimate: Year One: (.89)*(36)*(2 trips/day)*(260 days/year) = 16,661 trips/year Year Four: (.98)*(36)*(2 trips/day)*(260 days/year) = 18,346 trips/year Annual VMT Reduction: Again using the formula provided by WSDOT in the application guide: VMT Reduced Annually = (VT reduced annually)*(Average one-way trip length in miles) And the VT reduction values calculated above, along with the following estimate for average one-way trip length: Based on local experience we believe that at least 85% of current garage users ride the Sounder train into Seattle, while approximately 15% use the facility to access other Sound Transit and King County Metro bus and train services at the Kent Transit Center. Driving distance for that 85% would be 21 miles from downtown Kent to downtown Seattle, and for the other 15%, we took the simple arithmetic mean of the driving distances to Tukwila (10 miles), Burien (13 miles), Bellevue (19 miles), and Tacoma (19 miles), yielding an average distance for those users of 15.25 miles. Taking the weighted average of those two groups results in an average one-way trip length of (.85)*(21 miles) + (.15)*(15.25 miles) = 20.14 miles. We arrived at the following Annual VMT Reduction Estimate: Year One: (16,661 trips/year)*(20.14 miles/trip) = 335,549 miles/year Year Four: (18,346 trips/year)*(20.14 miles/trip) = 369,480 miles/year This page intentionally left blank. Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: January 5, 2016 SUBJECT: Consultant Services Agreement with Geo Engineers, Inc. for the 228th St. Union Pacific Grade Separation Project – Authorize SUMMARY: The South 228th Street Grade Separation project will construct an overpass over the Union Pacific rail lines to eliminate the at-grade crossing and the conflict between vehicles and trains. The bridge will also span the Interurban Trail which is located on PSE right of way. This project is the third and final phase of the South 228th Street Corridor, connecting the valley with I-5 and the future 509 connection. The consultant will provide geotechnical engineering services for the design of the bridge and earth retaining walls. EXHIBITS: Consultant Services Agreement with GeoEngineers, Inc. RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: BUDGET IMPACTS: This will be paid for using grant funds awarded for this project. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with GeoEngineers, Inc. in an amount not to exceed $102,180 to provide geotechnical services for the South 228th Street Union Pacific Grade Separation project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and GeoEngineers, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and GeoEngineers, Inc. organized under the laws of the State of Washington, located and doing business at 1101 S. Fawcett Ave., Suite 200, Tacoma, WA 98402, Phone: (253) 383- 4940/Fax: (253) 383-4923, Contact: Lyle Stone (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide geotechnical engineering services for the S. 228th Street UPRR Grade Separation project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Two Thousand, One Hundred Eighty Dollars ($102,180.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant 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 Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant 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. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant 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 Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. For claims arising or alleged to arise from Consultant’s professional services only, Consultant’s duty to defend and indemnify under this paragraph shall be limited to claims, injuries, damages, losses or suits asserted on the basis of negligence or willful misconduct. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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 Consultant 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 Consultant’s part, then Consultant 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 Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents in the performance of the contract work and shall utilize all protection necessary for that purpose and shall cause any subcontractors hired by Consultant to be responsible for the safety of its employees and agents. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be 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 this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Lyle Stone GeoEngineers, Inc. 1101 S. Fawcett Ave., Suite 200 Tacoma, WA 98402 (253) 383-4940 (telephone) (253) 383-4923 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department GeoEngineers - 228th UP Grade Sep/Madfai EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EXHIBIT A GEOENGINEERS, INC. SOUTH 228TH STREET UNION PACIFIC RAILROAD CROSSING GEOTECHNICAL DESIGN SUPPORT KENT, WASHINGTON OCTOBER 2, 2015 FILE NO. 0410-162-02 INTRODUCTION AND PROJECT UNDERSTANDING We are pleased to present this scope and budget for geotechnical engineering services for the proposed South 228th Union Pacific Railroad (UPRR) Overcrossing project in Kent, Washington. Our understanding of the project and the following scope of work is based on our previous work at the site, our work at the nearby South 228th BNSF Railroad crossing, and conversations with Mark Madfai at the City of Kent (City). The proposed South 228th Street UPRR Overcrossing is to provide a grade separation between the UPRR and South 228th Street. The site is located in the Kent Green River Valley on South 228th Street between 72nd Avenue South and 76th Avenue South. South 228th is a four-lane arterial that runs east-west through the valley. The UPRR runs north-south through the valley and at the crossing. Adjacent and parallel to the UPRR is a major utility corridor that includes overhead power lines, gas, and communications. Also parallel to the UPRR is the interurban trail and a creek or drainage swale. We understand the overcrossing is currently envisioned to span over the railroad tracks, the utility corridor, the trail, and the creek. The overcrossing is currently envisioned as a two-span concrete girder bridge with a center pier located between the utility corridor and the UPRR right-of-way. Each span will be about 110 feet long. Approach embankments will be on the order of 25 to 30 feet tall and will be contained by retaining walls. Our previous experience at the site includes a feasibility study from 2002 and a preliminary evaluation of potential ground improvement requirements from 2011. From these previous projects we have seven exploration logs at the project site available for review. These explorations include five Cone Penetrometer Tests (CPTs) advanced to depths between 65 and 120 feet below ground surface (bgs). One of the CPTs included shear wave velocity data for seismic design. One boring was advanced on the east side of the UPRR to a depth of 80 feet bgs. A second boring and monitoring well was installed to a depth of 21 feet bgs on the west of the UPRR. There are currently no explorations at the location of a proposed center pier. We expect that deeper explorations will be required to provide information in accordance with current seismic design standards from the Washington State Department of Transportation (WSDOT) Geotechnical Design Manual (GDM). SCOPE OF SERVICES Our specific scope of services for the South 228th Street Union Pacific Overcrossing project includes the following: City of Kent | October 2, 2015 Page 2 File No. 0410-162-02- 1. Attend up to four meetings with the City of Kent and other members of the project team. For the purposes of budgeting we have assumed that a staff engineer and a senior engineer will spend a total of 4 hours each preparing for, attending, and following up on each meeting. 2. Review available subsurface information. We will review the subsurface explorations noted above. 3. Perform a site reconnaissance to plan our explorations and mark locations for underground utility locates. We will contact the One-Call service in accordance with Washington State law. 4. Develop and implement a traffic control plan to close one lane during our exploration program. We will subcontract traffic control services and the development of the traffic control plan. We anticipate that we will close one lane for 5 days during normal working hours. We assume that street use permits will be coordinated and provided by the City as needed. 5. Advance up to four geotechnical borings. We have budgeted for up to 430 total linear feet of drilling. The actual depth and number of explorations will be determined based on anticipated foundation loads provided by the structural engineer. The purpose of these explorations is to provide more detailed subsurface information in areas that were only previously explored with CPTs and to provide directly observed soils information to correlate to existing information. 6. Advance one CPT up to a depth of 120 feet bgs. The CPT will be advanced near the location of the proposed center pier. A CPT is proposed in this area instead of a traditional boring because the existing overhead powerlines could be too close to the tower of a traditional drill rig to allow for safe and efficient drilling. 7. Implement a laboratory testing program. We anticipate that our laboratory testing program will consist of moisture content determinations, sieve analyses or percent fines determinations. Secondary testing such as consolidation tests may be performed if sufficient quality undisturbed samples can be obtained. 8. Provide a discussion of subsurface conditions encountered. 9. Provide a seismic evaluation and earthquake engineering. We will determine seismic site class seismic design parameters in accordance with American Association of State Highway and Transportation Officials (AASHTO) Load Resistance Factor Design (LRFD) requirements. We will also evaluate the site for potentially liquefiable soils. 10. Develop recommendations for bridge foundation support. We anticipate the main bridge structure will be supported on drilled shafts or other deep foundations. We will provide recommended allowable downward and upward capacity criteria in accordance with AASHTO LRFD and WSDOT Bridge Design Manual (BDM) and GDM. We will also provide recommendations for evaluating lateral pile or shaft resistance. We anticipate that we will provide recommended LPILE parameters for use by the project structural engineer. 11. Provide recommendations for bridge approach embankment walls. We will provide active and passive earth pressure criteria, base friction and criteria for seismic surcharge pressures. We can also provide recommended soil parameters for contractor designed Structural Earth Walls (SEWs) if required. 12. Estimate settlement under static embankment loads and providing criteria for managing differential settlement between the embankment and the bridge supported on deep foundations. City of Kent | October 2, 2015 Page 3 File No. 0410-162-02- 13. Evaluate global stability of the planned approach embankments under static and seismic loading. We anticipate developing criteria for ground improvement to address liquefaction-related settlement and instability under seismic conditions as needed. 14. Provide site preparation and earthwork recommendations. We will provide recommendations for imported fill for the embankments. We can also provide our opinion of geotechnical characteristics of potential borrow sources that have been identified by the City. 15. Provide preliminary design memoranda as the work progresses. We anticipate providing preliminary design memoranda for seismic design values, shaft resistances, SEW soil parameters and recommendations, and ground improvement options. 16. Summarize our final findings and recommendations in a written report. Our scope of work does not include site-specific seismic analyses or developing seismic time histories. We can provide an additional scope and budget if these services are required. Our scope of work also does not include construction observation and documentation services. We assume these services will be authorized under a separate agreement. LJS:JA:tt Attachment: Exhibit B. Fee Estimate Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright© 2015 by GeoEngineers, Inc. All rights reserved. Principal (Garry Squires) Senior Engineer (Lyle Stone) Staff Engineer (Brett Larabee) Staff Engineer (Chris Newton) CAD Technician (Sonny Yi) Support (Various) Total Hours Direct Expenses Fee Estimate Rate Rate Rate Rate Rate Rate $234 $200 $142 $126 $105 $92 Task Description Hours Hours Hours Hours Hours Hours 1.0 Project Planning and Meetings Hours 4 32 16 2 54.0 $9,792 Mileage 240 @ $0.565 $136 $9,928 2.0 Subsurface Investigations Hours 2 8 12 60 4 86.0 $11,700 Traffic Control (AGS)$5,660 $6,508 Borings (Holocene Drilling)$19,255 $22,143 CPT (In-Situ Engineering)$2,327 $2,675 Laboratory (GeoEnigneers)$2,910 $2,910 Mileage 420 @ $0.565 $237 $46,174 3.0 Analysis and Engineering Foundations (Hours) 8 16 32 56.0 $9,104 Embankments (Hours) 4 8 40 6 58.0 $8,846 Ground Imporovement (Hours) 4 8 12 24.0 $4,240 $22,190 4.0 Deliverables Design Memoranda 12 24 24 8 32 100.0 $14,800 Final Report 8 16 12 8 16 60.0 $9,088 $23,888 Total Labor 42 112 116 92 22 54 438.0 $67,570 Total Direct Expenses $34,610 $102,180 SOUTH 228TH STREET UNION PACIFIC RAILROAD CROSSING GEOTECHNICAL DESIGN SUPPORT Kent, Washington Exhibit B: Fee Estimate GeoEngineers, Inc. Total Estimated Fee Task Estimated Fee Task Estimated Fee Task Estimated Fee Task Estimated Fee File No. 0410-162-02 Exhibit B Fee Estimate | October 2, 2015 EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. EXHIBIT C (Continued) 3. Professional Liability insurance shall be written with limits no less than $5,000,000 per claim and $5,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant 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 insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant 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 Consultant. Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: January 5, 2016 SUBJECT: Consultant Services Agreement with HDR Engineering, Inc. for the 228th St. Union Pacific Grade Separation Project – Authorize SUMMARY: The South 228th Street Grade Separation project will construct an overpass over the Union Pacific rail lines to eliminate the at-grade crossing and the conflict between vehicles and trains. The bridge will also span across the Interurban Trail located within PSE right of way. This project is the third and final phase of the South 228th Street corridor, connecting the valley with I-5 and the future 509 connection. The consultant will provide structural engineering services for the design of the new bridge and wall structures. This includes the preparation of the plans, specifications and cost estimates for the bridge and walls. EXHIBITS: Consultant Services Agreement with HDR Engineering, Inc. RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: BUDGET IMPACTS: This will be paid for using grant funds awarded for this project. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with HDR Engineering, Inc. in an amount not to exceed $625,225.08 to provide Structural Engineering services for the 228th Street Union Pacific Grade Separation project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and HDR Engineering, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and HDR Engineering, Inc. organized under the laws of the State of Washington, located and doing business at 500 108th Ave. NE, Suite 1200, Bellevue, WA 98004-5549, Phone: (425) 450-6200, Contact: Joyce Lem (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide structural engineering services for the S. 228th Street UPRR Grade Separation project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Six Hundred Twenty Five Thousand, Two Hundred Twenty Five Dollars and eight cents ($625,225.08), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant 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 Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant 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. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant 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 Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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 Consultant 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 Consultant’s part, then Consultant 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 Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement 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 this Agreement, 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 CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Joyce Lem HDR Engineering, Inc. 500 108th Ave. NE, Suite 1200 Bellevue, WA 98004-5549 (425) 450-6200 (telephone) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department HDR - 228th UP Grade Sep/Madfai EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 500 108th Avenue NE Suite 1200 Bellevue, WA 98004-5549 (425) 450-6200 City of Kent, Washington South 228th Street/UPRR Grade Separation Structural Engineering Services Scope of Services December 2, 2015 EXHIBIT A City of Kent South 228th UPRR Grade Separation i Scope of Services Table of Contents Background ................................................................................................................... 1 Scope of Services ......................................................................................................... 1 Items and Services to be Furnished by the City and Geotechnical Engineer ........... 1 General Project Assumptions ........................................................................................ 2 Applicable Standards and Requirements .............................................................. 2 Scope of Work Exclusions ..................................................................................... 3 Schedule ............................................................................................................... 3 Work Elements ................................................................................................................ 4 Work Element 1. Contract/Task Management ...................................................... 4 Work Element 2. Coordination with City and Other Consultants .......................... 4 Work Element 3. Structural Design ....................................................................... 5 3.1. Preliminary Structural Design ...................................................................... 5 3.2. 60% Structural Design ................................................................................. 6 3.3 90% Structural Design ................................................................................. 7 3.4. 100% Structural Design ............................................................................... 8 Work Element 4. Railroad Coordination ................................................................ 9 4.1 Meetings ...................................................................................................... 9 4.2 Plans and Specifications .............................................................................. 9 Work Element 5. Value Engineering Study ........................................................... 9 5.1 Meetings ...................................................................................................... 9 Work Element 6. Bid Period Support ..................................................................... 9 Drawing List ................................................................................................................... 10 City of Kent South 228th UPRR Grade Separation 1 Scope of Services EXHIBIT A SCOPE OF SERVICES Background The City of Kent through its Public Works Department (City) has performed some preliminary engineering for the South 228th Street – UPRR Street Grade Separation Project (Project). The City established a plan and profile of a roadway overpass across the railroad tracks owned by the Union Pacific Railroad (UPRR), including a conceptual layout of a two-span girder bridge and roadway approaches supported by retaining walls. Scope of Services The City has assembled a project team to perform engineering and design for the Project. The City selected HDR Engineering, Inc. (Consultant) to perform structural engineering services for the bridge and retaining walls, including preliminary and final design, and preparation of contract plans, technical specifications, and construction cost estimates. Design and construction cost estimates of roadway, utilities, surveying and base maps, environmental, permitting, landscape design, and geotechnical engineering will be performed by City staff and by other consultants. In particular, the City will contract separately with a geotechnical engineering firm for work on the Project (Geotechnical Engineer). Items and Services to be Furnished by the City and Geotechnical Engineer The City will provide the following items and services to the Consultant to facilitate the preparation of the deliverables for this Scope. The Consultant is entitled to rely on the accuracy of this and other data furnished and represented by the City. The City will manage the work by the City and the City’s other consultants. The City will provide any necessary field surveying and furnish base maps. The City will furnish roadway plans and profiles and retaining wall profiles generated using AutoCAD 3D. Wall profiles will be taken at the back of sidewalk and shall include existing ground and new top of sidewalk elevations along each wall profile. The City will prepare the UPRR Track Profiles. The Geotechnical Engineer will provide geotechnical reports to the City and to Consultant. Geotechnical reports will include recommendations and design parameters for bridge foundation design and wall design. The City is responsible for obtaining right-of-way agreements, permits, franchise utility agreements, rights-of-entry on to PSE and UPRR properties. The City will develop a construction schedule for the Project, incorporating input from the Consultant for the bridge and retaining wall construction. City of Kent South 228th UPRR Grade Separation 2 Scope of Services General Project Assumptions The following general assumptions apply to the Project work: The primary retaining wall type for the roadway approaches along South 228th Street is either structural earth wall or permanent geosynthetic walls. Similar to what is shown in the conceptual layout developed by the City, the bridge superstructure consists of precast, prestressed girders with a composite, cast-in-place slab or topping slab. Bridge piers are multi-column bents supported on drilled shaft foundations. Structural approach slabs spanning between the bridge end piers and the roadway approach embankments will provide the transition to roadway pavement. The bridge and roadway cross-section consists of four 12-foot lanes and two 10-foot sidewalks. Underdeck supports for utilities, concrete bridge barriers, and metal bridge railings will be adapted from the Bridge Standard Drawings in the WSDOT Bridge Design Manual. The plan extents of retaining walls are as shown in the City’s layout: along the north and south sides of South 228th Street from the bridge to touchdown near existing grades, along the driveway located approximately 400 feet west of the bridge and extending from South 228th Street to the south, and along the 6th Avenue North roadway located approximately 300 feet east of the bridge. There will also be walls transverse to South 228th Street, directly below the bridge approach slabs. Changes in the detail of work beyond what is described in this Scope of Work will be made as requested by the City and authorized by amendment as extra work. The budget allocations shown in the attached budget are itemized to aid Project tracking purposes. The budget may be transferred between tasks or people, or between labor and expenses, provided the total contracted amount is not exceeded without prior authorization. Invoices for labor will be based on actual labor rates for the individuals working on the project. Applicable Standards and Requirements All work will be performed in accordance with the procedures and requirements set forth in the latest editions, amendments, and revisions of the following publications, where applicable. Additional standards for work elements are listed in their respective sections. American Association of State Highway and Transportation Officials Publications (AASHTO) For the bridge, Load and Resistance Specifications for Highway Bridges, Seventh Edition (2014) and 2015 Interims (AASHTO LRFD Specs). Washington State Department of Transportation (WSDOT) Bridge Design Manual (April 2015), except for flexural service level tension in the pre- compressed tensile zone of precast girders (near mid-span). WSDOT practice is to use ”simple beam” flexural demands for positive moments in girders and allows zero tension at the bottom of the girders. This is more conservative than AASHTO, which allows up to 0.19 √f’c tensile stress and does not require simple-beam design of girders when the superstructure is made continuous over an interior pier. City of Kent South 228th UPRR Grade Separation 3 Scope of Services Geotechnical Design Memorandum (May 2015). Standard Plans for Road, Bridge, and Municipal Construction (August 2015). Standard Specifications for Road, Bridge, and Municipal Construction (2016). Local Agency Guidelines Manual. UPRR Publications Joint BNSF/UPRR Guidelines for Railroad Grade Separation Projects (January 2007). Guidelines for Temporary Shoring (October 2004). CAD Standards Except as noted below, all plans will be prepared in AutoCAD Civil 3D version 2014 and will use APWA layer naming conventions. Layer coloring, text size and style, and line weights will be per City standards. All plans will be 34-inch wide by 22-inch high in order to have 17-inch wide by 11-inch high half-size copies. Scope of Work Exclusions The following items are not included in this scope of work: Design of vaults, walls, slabs, pump stations or buildings for utilities. Design of construction dewatering. Design of at-grade sidewalks, pavements, slabs on grade, and landscaping. Design of facility aesthetics such as illumination, concrete barriers, and pedestrian railings. Architectural design of piers and walls, except for surface finishes for walls such as concrete form liners and face finishes for concrete blocks. Evaluation of existing buildings adjacent to the project. Ground improvement design such as soil densification or stone columns. Stability analyses of geosynthetic walls or structural earth walls (mechanically stabilized earth walls). Stability analyses are assumed to be performed by the Geotechnical Engineer for the Project. Schedule The preliminary schedule for the work is as follows: Date Deliverable Dec. 8, 2015 Notice to Proceed Dec.11,, 2015 Kickoff Meeting (base maps completed, including power lines. Locate piers) Jan 15, 2016 Girder type selected to verify superstructure depth and profile (+ 5 wks) Jan. 22, 2016 Preferred Retaining Wall type selected (+4 wks, 9 wks net) Jan 29,, 2016 Draft Technical Memo (Bridge and Wall Types) (+1 wk, 10 wks net) City of Kent South 228th UPRR Grade Separation 4 Scope of Services Date Deliverable Feb. 6,, 2016 City Review Comments on Draft Technical Memo (+1 wk, 11 wks net) Feb. 19,, 2016 Final Technical Memo, 30% Plans, Estimate, Construction Schedule (+1 wk, 12 wks net) March 11,, 2016 60% Submittal (+6 wks, 17 wks net) Complete design for final RR Submittal May 6,, 2016 90% Submittal (+8 wks, 25 wks net) June 30, 2016 100% Submittal (+7 wks, 32 wks net) Work Elements Work Element 1. Contract/Task Management Consultant will provide the resources necessary to complete the work in this scope of services and manage them effectively. Consultant will provide overall quality review and assurance of the work in this scope of services. Consultant will be responsible for monthly invoicing for Consultant’s work. Consultant will prepare monthly progress reports outlining task status, work performed during the previous month, work to be performed the next month, unresolved issues requiring immediate attention. These reports will be prepared monthly and submitted with the Project invoices. Consultant will work with the City in developing a design schedule and monitoring progress against the schedule. Deliverables: Design Schedule for Consultant’s work elements. Monthly invoices, progress reports. Work Element 2. Coordination with City and Other Consultants Consultant will coordinate with the City and City’s other consultants for the project design. Consultant will attend up to nine meetings with the City and the City’s other consultants. Meetings are anticipated to be at the City offices and assume four meetings attended by one staff member and five meetings attended by two staff members. City of Kent South 228th UPRR Grade Separation 5 Scope of Services Design Phase Number of Meetings Preliminary 3, including Kickoff 60% Design 3 90% Design 2 100% Design 1 Consultant will correspond via telephone, fax, and email, as appropriate, with the City and Geotechnical Engineer. Site visits: Consultant will perform up to three site visits (follow on to trips for meetings above). Deliverables: Meeting notes, draft and updated version that incorporate City revisions. Drafts will be sent to the City within 1 week of the meeting. Work Element 3. Structural Design 3.1. Preliminary Structural Design Consultant will develop a preferred alternative for the bridge and retaining walls. 3.1.1. Meetings with the City 3.1.1.1. Kickoff meeting: Consultant will meet with the City and the Geotechnical Engineer to review the project and to identify feasible alternatives for bridge foundations and walls. Issues to be discussed are potential settlement of the walls, construction sequence of the walls and bridge abutment/piers, horizontal and vertical clearances of the railroad tracks and other potential UPRR requirements for construction, and utilities. 3.1.1.2. Coordination meeting: A second meeting to review construction sequence and other details. 3.1.1.3. Meeting with UPRR and the City at the City offices to coordinate and review design requirements and submittals. 3.1.2. It is desired that the bridge superstructure depth be minimized in order to improve (lower) the roadway profile over the tracks. The main spans of the superstructure are assumed to consist of WSDOT’s standard precast, prestressed concrete girders with a cast-in-place slab or topping slab. Consultant will determine girder type and depth. Costs and constructability, especially as related to work across the railroad tracks will be considered. The selected superstructure type will be used by the City to finalize the roadway profile. 3.1.3. Bridge substructure and up to two foundation types will be evaluated. Primary issues include anticipated settlements under the approach embankments, construction costs, and constructability. Consultant will coordinate with the Geotechnical Engineer, furnishing anticipated bridge foundation loads, reviewing the draft geotechnical report and recommendations for design by the Geotechnical Engineer, and conferring with the Geotechnical Engineer. City of Kent South 228th UPRR Grade Separation 6 Scope of Services 3.1.4. Consultant will evaluate and determine preferred retaining wall types in conjunction with the Geotechnical Engineer and the City. Issues to be reviewed include settlement under the weight of the approach embankments, ground improvement, and effects on the bridge structure. The tall wall types to be considered along South 228th Street are structural earth walls with gravel backfill, structural earth walls with cellular concrete backfill, and WSDOT standard permanent geosynthetic earth walls. At shorter walls along 6th Avenue North and the north-south driveway west of the bridge, WSDOT standard cast-in-place concrete retaining walls will also be evaluated. The City will provide Typical Sections, Plans and Profiles for roadways at South 228th Street, the driveway located approximately 400 feet west of the proposed bridge, and 6th Avenue North. The City will provide Profiles along Back of Sidewalk along the proposed walls. Using these Plan and Profiles, construction quantities and costs will be estimated. 3.1.5. Consultant will prepare a technical memo, approximately three pages in length, summarizing the alternatives considered and issues used to determine the preferred alternatives for the bridge and retaining walls. It will include a discussion of construction sequence and construction schedule. 3.1.6. After the bridge type, length, and superstructure depth are determined, the City will adjust the vertical profile of the road as necessary to provide minimum railroad clearances. The City will provide the Consultant with the revised profile within 1 week after receiving the information from the Consultant. Using the revised vertical profile, Consultant will prepare a preliminary layout of the bridge developed to 30% level of design. The preliminary layout will include a plan, elevation and typical section of the bridge. Deliverables: Preliminary bridge layout – electronic and PDF, 11x17 hardcopy. See drawing list in table below. Technical Memorandum – draft and final (Microsoft Word and PDF). Preliminary construction cost estimate (Microsoft Excel and PDF). Preliminary construction schedule (Microsoft Project and PDF). Electronic (PDF) copies of completed Quality Control Review documentation, if requested. 3.2. 60% Structural Design Consultant will develop the design, plans, and construction cost estimate to a 60% design level. 3.2.1. Review of 30% design: Comments on the 30% submittal will be forwarded from the City to the Consultant within 2 weeks after the 30% Submittal. The Consultant will respond in writing (tabular format to be established). A meeting will be held with the City approximately 1 week after comments from the City are received by the Consultant. 3.2.2. The Consultant will confer with the City roadway/civil designer(s) and the Geotechnical Engineer, including up to two additional coordination meetings. 3.2.3. Analysis and design to be performed in this task: Gravity load analysis (including checking) Seismic analysis (including checking) City of Kent South 228th UPRR Grade Separation 7 Scope of Services Girder design Deck slab design Shaft foundation design Column design Pier crossbeams design Preliminary structural earth wall traffic barrier and moment slab design, including the luminaires on top of the traffic barrier, BP rail, and fencing. An allowance for one sheet to address the need to cantilever the moment slab and adjust the wall alignment is included. 3.2.4. The Consultant will prepare an outline of technical special provisions (specifications) for the structures. 3.2.5. The Consultant will update the construction schedule for the bridge. The Consultant will assist the City in refining the construction schedule for the retaining walls. 3.2.6. The Consultant will update the construction cost estimate using bid items, quantities, and unit costs. 3.2.7. Consultant will prepare plan sheets. See the Drawing List below for the plan sheets to be submitted. 3.2.8. The designated Consultant QC/QA staff member will review Consultant-prepared plans and cost estimates. Deliverables: Bridge and wall plans – electronic (PDF), one 11x17 hardcopy. Outline of technical special provisions for structures (Microsoft Word). Construction cost estimate (Microsoft Excel). Updated construction schedule (PDF, markup of City’s construction schedule for the Project). Electronic (PDF) copies of completed Quality Control Review documentation, if requested. 3.3 90% Structural Design The Consultant will develop the design, plans, and construction cost estimate to a 90% design level. 3.3.1. Review of 60% design: Comments on the 60% submittal will be forwarded from the City to the Consultant within 2 weeks after the 60% Submittal. The Consultant will respond in writing (tabular format to be established). This meeting will be approximately 1 week after comments from the City are received by the Consultant. 3.3.2. The Consultant will confer with the roadway and civil designer and the geotechnical engineers. Up to two coordination meetings with these designers are anticipated. 3.3.3. Design and plans will be finalized and checked for all structural elements: Gravity load analysis City of Kent South 228th UPRR Grade Separation 8 Scope of Services Seismic analysis Girder design Deck slab design Shaft foundation design Column design Pier crossbeams design Girder bearing design Approach slab design Barrier design for the moment slab. 3.3.4. The Consultant will prepare technical specifications for the structures. 3.3.5. The Consultant will update the construction schedule. 3.3.6. The Consultant will update the construction cost estimate. 3.3.7. The Consultant will complete structural calculations and calculation checking. 3.3.8. The designated Consultant QC/QA staff member will review Consultant-prepared plans and cost estimates. Deliverables: Bridge and Wall plan sheets as indicated in the drawing list below (PDF). Technical special provisions for the bridge and walls (Microsoft Word). Updated construction schedule (PDF, markup of City’s construction schedule for the Project). Updated construction cost estimate (Microsoft Excel). Electronic (PDF) copies of completed Quality Control Review documentation, if requested. 3.4. 100% Structural Design The Consultant will develop the design, plans, and construction cost estimate to a 100% design level, ready for bid advertisement. 3.4.1. Review of 90% design: Comments on the 90% submittal will be forwarded from the City to the Consultant within 2 weeks after the 100% Submittal. The Consultant will respond in writing (tabular format to be established). This meeting will be approximately 1 week after comments from the City are received by the Consultant. 3.4.2. The Consultant will make revisions to the plans, technical specifications, construction cost estimate, and construction schedule. Deliverables: Bridge and Wall plan sheets – signed and stamped on full-size (22”x34”) bond, electronic versions to be determined. City of Kent South 228th UPRR Grade Separation 9 Scope of Services Updated construction schedule (PDF markup of City’s construction schedule for the project). Updated construction cost estimate (Microsoft Excel). Updates to technical special provisions for the bridge and walls (Microsoft Word). Structural calculations: One hardcopy and PDF of calculations, electronic files of input/output for structural analysis and design programs. Work Element 4. Railroad Coordination The Consultant will assist the City with review of bridge issues relevant to the City/UPRR Construction and Maintenance Agreement. 4.1 Meetings Consultant will attend up to three meetings with UPRR. One staff member from Consultant will attend each meeting. Meetings are assumed to be held at City offices. 4.2 Plans and Specifications Consultant will provide technical materials, such as oscillator machine data for shaft construction, to prepare and follow up after meetings with UPRR. An allowance of 12 hours is assumed. Consultant will review specifications, Construction and Maintenance Agreement, or other similar documents as requested by the City. An allowance of 8 hours is assumed. Work Element 5. Value Engineering Study 5.1 Meetings Consultant will attend up to two meetings with the City and Value Engineering Team. One staff member from Consultant will attend each meeting. Meetings are assumed to be held at City offices. An allowance of 10 hours is assumed for preparation and follow up to the meetings. Work Element 6. Bid Period Support Consultant will participate in a Pre-Bid Meeting. Two Consultant staff members are assumed to attend. Consultant will assist the City in answering questions about the bid documents during the Advertisement period. Bid period is assumed to last 4 weeks. The City will receive questions and forward to the Consultant for response, as required. The Consultant will reply to the City so the City can issue the response. An allowance for one minor addendum is included in the fee estimate. The Consultant shall not be contacted by contractors without the approval of the City. City of Kent South 228th UPRR Grade Separation 10 Scope of Services Drawing List The proposed drawing list below identifies which sheets are anticipated for each submittal. Submittals Drawing List 30% 60% 90% 100% Bridge 1 Layout and General Notes x x x x RR Track Profiles City City City City 2 Construction Sequence 1 & Construction Clearance Diagram x x x x 3 Construction Sequence 2 (superstructure) x x x 4 Foundation Plan x x x 5 Shaft Details x x x 6 Column Details x x x 7 Piers 1 and 3 - Crossbeam Details 1 x x x 8 Piers 1 and 3 - Crossbeam Details 2 x x x 9 Piers 1 and 3 - Crossbeam Details 3 x x 10 Pier 2 - Crossbeam Details 1 x x x 11 Pier 2 - Crossbeam Details 2 x x x 12 Pier 2 - Crossbeam Details 3 x x 13 Framing Plan x x x 14 Typical Section x x x x 15 Girder Details 1 x x x 16 Girder Details 2 x x x 17 Girder Details 3 x x x 18 Girder Details 4 x x x 19 Girder Details 5 x x x 20 Intermediate Diaphragm Details x x x 21 Slab Reinforcing Plan x x x 22 Slab Reinforcing and Sidewalk Sections 1 x x x 23 Slab Reinforcing and Sidewalk Sections 2 x x 24 Approach Slab Details 1 x x x 25 Approach Slab Details 2 x x x 26 Approach Slab Details 3 x x 27 Expansion Joint Details x x 28 Pedestrian Barrier Details 1 x x x 29 Pedestrian Barrier Details 2 (conduit) x x x 30 Illumination Details at Ped Barrier x x 31 Railing Type BP 1 x x x 32 Railing Type BP 2 x x x 33 Railing Type Chain Link Fence x x x 34 Utility Support Details x x x 35 Bar List x x Walls 1 West Walls Plan 1, NW Wall Elevation * City x x x 2 West Walls Plan 2. NW and End Wall Elevation * City x x x 3 SW Wall Elevation * City x x x City of Kent South 228th UPRR Grade Separation 11 Scope of Services Submittals Drawing List 30% 60% 90% 100% 4 West Driveway Walls Plan and Elevations * City x x x 5 East Wall Plan and NE Wall Elevation * City x x x 6 SE Wall and End Wall Elevation * City x x x 7 6th Ave Walls Plan and Elevations * City x x x 8 Wall Elevations Schedule x x x 9 Preload, Typical Section, Notes, Settlement PL x x x 10 SEW Typ Section, Moment Slab Section x x x 11 End Wall Details 1 x x x 12 End Wall Details 2 x x 13 Wall Details - overhangs x x 14 Wall Details - Moment Slab hydrant, utilities x x 15 Concrete Barrier Details 1 (Elevation, typical details) x x x 16 Concrete Barrier Details 2 (Conduit and electrical) x x x 17 Concrete Barrier Details 3 (Luminaire mounting) x x 18 CIP Retaining Wall Sections and Details 1 x x x 19 CIP Retaining Wall Sections and Details 2 x x 20 SE Walls – Architectural Details 1 (block wall patterns or precast panel patterns) x x 21 SE Walls – Architectural Details 2 x x 22 SE Walls – Architectural Details 3 x x * For 30%, profiles by City along wall alignment line (Back of Sidewalk) EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $5,000,000 per claim and $5,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant 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 insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant 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 Consultant. This page intentionally left blank. Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: January 5, 2016 SUBJECT: 640 Zone Pressure Reducing Valve Stations – Accept as Complete SUMMARY: The 640 Zone Pressure Reducing Valve Station project consisted of the installation of three pressure reducing valve stations on Kent’s East Hill. It included constructing approximately 163 linear feet of 6” and 8” ductile iron water main, 120 linear feet of 6” storm pipe and other miscellaneous site work. The awarded amount for this project was $454,482.20 the total paid to Pacific Civil & Infrastructure was $368,623.93. EXHIBITS: N/A RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: This project was funded through previously budgeted Water funds. MOTION: Authorize the Mayor to accept the 640 Zone Pressure Reducing Valve Station project as complete and release retainage to Pacific Civil & Infrastructure upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: January 5, 2016 SUBJECT: Solid Waste Contract – Authorize SUMMARY: The existing solid waste collection contract with Republic Services went into effect on April 1, 2011; it’s a 7–year contract that includes two, 2-year extensions to be exercised at the sole discretion of the Council. During contract negotiations, a number of alternatives were considered by a Citizen’s Solid Waste Advisory Committee including commercial embedded recycling, which ultimately was not included. Republic Services requested an amendment to consider embedded commercial recycling. Staff has been negotiating with Republic Services and has identified contract language for consideration. The contract includes an expiration date of March 31, 2023, not including two 2-year extensions at the discretion of the council; revised economic indices for the Annual Rate Adjustment; fees for contamination (mixed wastes in containers – new to this contract); additional education regarding contamination; late fees for unpaid bills after 60 days; $20 NSF check fee or bank charges; and updated liquidated damages. All rates stay the same, though adjustments will be made annually for the collection component. Embedding commercial recycling would save some customers money, though others would see an increase. Due to the current open market and proprietary information of rates from individual haulers, staff is not able to determine the impact for most businesses. The savings would be realized by eliminating a separate recycling bill. To obtain a better understanding of the potential benefits/impacts on commercial customers, a survey of all containers serving commercial customers will be completed in 2016. EXHIBITS: Draft Solid Waste, Recycling and Yard and Food Waste Contract RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: BUDGET IMPACTS: None MOTION: Authorize the Mayor to sign the revised Solid Waste, Recycling and Yard and Food Waste Contract with Republic Services of Kent to provide services to the City, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. City of Kent and Republic Services Revised Contract 11-30-15 CONTRACT Garbage, Recycling, Yard & Food Waste Collection and Disposal/Marketing Contract NOTE to Public Works Committee – Proposed changes to the DRAFT contract are in the track changes and the may pertain to option 2 or 3. These changes will be corrected depending on the decision of the PWC for consideration by the full city council. City of Kent And Kent-Meridian Disposal Company d/b/a Republic Services April 1, 2016 – March 31, 2023 City of Kent and Republic Services Revised Contract 11-30-15 Garbage, Recycling, Yard & Food Waste Collection and Disposal/Marketing Contract Table of Contents RECITALS ................................................................................................ 1 DEFINITIONS .......................................................................................... 1 1. TERM OF CONTRACT .................................................................... 6 2. SCOPE OF WORK .......................................................................... 6 2.1 GENERAL COLLECTION SYSTEM REQUIREMENTS ......................... 6 2.1.1 City Service Area ............................................................. 6 2.1.2 Unimproved Public Streets and Private Roads ....................... 7 2.1.3 Hours/Days of Operation .................................................... 8 2.1.4 Employee Conduct ............................................................ 8 2.1.5 Special Disabled Service .................................................... 9 2.1.6 Holiday Schedule .............................................................. 9 2.1.7 Inclement Weather and Other Service Disruptions ................. 9 2.1.8 Suspending Collection Resulting from Customer Account Disputes ........................................................................ 10 2.1.9 Missed Collections ........................................................... 11 2.1.10 Same Day Collection ....................................................... 11 2.1.11 Requirement to Recycle and Compost ................................ 11 2.1.12 Routing, Notification and Approval .................................... 12 2.1.13 Equipment Age/Condition ................................................. 12 2.1.14 Container Requirements and Ownership ............................. 13 2.1.14.1 Contractor Owned Carts ................................... 13 2.1.14.2 Garbage, Recyclables, and Yard & Food Waste Carts ............................................................ 13 2.1.14.3 Detachable and Drop-box Containers ................. 15 2.1.14.4 Recycling Carts ............................................... 16 2.1.14.5 Ownership ...................................................... 17 2.1.14.6 Container Colors and Labeling........................... 17 Comment [K1]: Needs to be adjusted according appropriately pending PW Committee on Option 2 or 3. City of Kent and Republic Services Revised Contract 11-30-15 2.1.14.7 Container Weights ........................................... 18 2.1.15 Spillage, Incidents ........................................................... 18 2.1.16 Pilot Programs ................................................................ 18 2.1.17 Disruption Due to Construction ......................................... 19 2.1.18 Contractor Planning Assistance ......................................... 19 2.1.19 Safeguarding Public and Private Facilities ........................... 19 2.1.20 Company Name .............................................................. 19 2.1.21 Transition and Implementation of Contract ......................... 20 2.1.22 Coordination with City and Annual Performance Review ....... 20 2.1.23 Disposal Requirements .................................................... 21 2.1.24 Compressed Natural Gas and Alternative Fuels ................... 22 2.1.25 Violation of Ordinance ..................................................... 22 2.2 COLLECTION SERVICES.............................................................. 22 2.2.1 Single-family Residence Garbage Collection ........................ 22 2.2.1.1 Subject Materials ............................................ 22 2.2.1.2 Collection Containers ....................................... 23 2.2.1.3 Specific Collection Requirements ....................... 23 2.2.1.4 Extra Charges ................................................. 23 2.2.2 Single-family Residence Recyclables Collection ................... 24 2.2.2.1 Subject Materials ............................................ 24 2.2.2.2 Containers ..................................................... 25 2.2.2.3 Specific Collection Requirements ....................... 26 2.2.3 Yard & Food Waste Collection ........................................... 27 2.2.3.1 Subject Materials ............................................ 27 2.2.3.2 Containers ..................................................... 27 2.2.3.3 Specific Collection Requirements ....................... 28 2.2.3.4 Food Waste Collection ...................................... 28 2.2.4 Single Family Bulky Item, White Good Collection ................. 28 2.2.4.1 Subject Materials ............................................ 28 2.2.4.2 Specific Collection Requirements ....................... 29 2.2.5 Multifamily Complex and Commercial Customer Garbage Collection ....................................................................... 29 Comment [K2]: This section was deleted and will change the numbering. This will be completed pending decision on Option 2 or 3. City of Kent and Republic Services Revised Contract 11-30-15 2.2.5.1 Subject Materials ............................................ 29 2.2.5.2 Containers ..................................................... 29 2.2.5.3 Specific Collection Requirements ....................... 30 2.2.6 Multifamily Complex Recyclables Collection ........................ 30 2.2.6.1 Subject Materials ............................................ 30 2.2.6.2 Containers ..................................................... 31 2.2.6.3 Specific Collection Requirements ....................... 31 2.2.7 Commercial Recycling Collection ...................................... 31 2.2.8 Multifamily Complex and Commercial Customer Yard & Food Waste Collection ............................................................. 32 2.2.8.1 Subject Materials ............................................ 32 2.2.8.2 Containers ..................................................... 32 2.2.8.3 Specific Collection Requirements ....................... 32 2.2.8.4 Commercial Food Waste Collection .................... 33 2.2.9 Drop-Box Container Garbage Collection ............................. 33 2.2.9.1 Subject Materials ............................................ 33 2.2.9.2 Containers ..................................................... 33 2.2.9.3 Specific Collection Requirements ....................... 34 2.2.10 Temporary Container Customers ....................................... 34 2.2.11 Service to City Facilities and Properties .............................. 34 2.2.12 City Approved Community Events ..................................... 35 2.2.13 Education Events ............................................................ 35 2.2.14 Semi-Annual Clean-up Weeks and Special Events .............. 35 2.2.15 Other Solid Waste Collection Services ................................ 36 2.3 MANAGEMENT ............................................................................ 36 2.3.1 Responsibility of Participants ............................................ 36 2.3.1.1 Contractor’s Responsibilities ............................. 36 2.3.1.2 City’s Responsibilities ...................................... 38 2.3.1.3 Operations Plan .............................................. 39 2.3.2 Customer Service and Billing ............................................ 39 2.3.2.1 Office Location ................................................ 39 2.3.2.2 Customer Service Requirements ....................... 39 City of Kent and Republic Services Revised Contract 11-30-15 2.3.3 Customer Billing Responsibilities ....................................... 42 2.3.4 Reporting ....................................................................... 43 2.3.4.1 Monthly Reports .............................................. 43 2.3.4.2 Annual Reports ............................................... 45 2.3.4.3 Ad Hoc Reports ............................................... 45 2.3.5 Promotion and Education ................................................. 45 2.3.6 Field Monitoring .............................................................. 47 2.3.7 Transition to Next Contractor ............................................ 47 3. COMPENSATION ........................................................................ 47 3.1 COMPENSATION TO THE CONTRACTOR ...................................... 47 3.1.1 Rates ............................................................................. 47 3.1.2 Itemization on Invoices ................................................... 48 3.1.3 Discontinuing Service for Nonpayment ............................... 48 3.1.4 Bad Debts ...................................................................... 48 3.2 COMPENSATION TO THE CITY .................................................... 49 3.3 COMPENSATION ADJUSTMENTS ................................................. 49 3.3.1 Annual Rate Adjustment .................................................. 49 3.3.2 Periodic Adjustments ....................................................... 51 3.3.3 Changes in Disposal or Yard & Food Waste Processing Sites ............................................................................. 51 3.3.4 Other Modifications ......................................................... 51 3.4 CHANGES IN LAW ...................................................................... 52 4. FAILURE TO PERFORM, REMEDIES, TERMINATION .................... 52 4.1 LIQUIDATED DAMAGES .............................................................. 52 4.2 CONTRACT DEFAULT .................................................................. 56 4.3 AVAILABILITY OF COLLECTION VEHICLES ................................. 57 5. NOTICES .................................................................................... 58 6. GENERAL TERMS ........................................................................ 58 6.1 COLLECTION RIGHT ................................................................... 58 6.2 ACCESS TO RECORDS ................................................................. 59 6.3 CONTRACTOR TO MAKE EXAMINATIONS .................................... 68 6.4 INSURANCE ............................................................................... 68 City of Kent and Republic Services Revised Contract 11-30-15 6.5 PERFORMANCE BOND ................................................................ 61 6.6 INDEMNIFICATION .................................................................... 61 6.6.1 Indemnify and Hold Harmless ........................................... 61 6.6.2 Notice to Contractor; Defense ........................................... 62 6.6.3 Industrial Insurance Immunity Wavier ............................... 62 6.7 PAYMENT OF CLAIMS ................................................................. 62 6.8 CONFIDENTIALITY OF INFORMATION ....................................... 62 6.9 ASSIGNMENT OF CONTRACT ...................................................... 63 6.9.1 Assignment or Pledge of Money by the Contractor ............... 63 6.9.2 Assignment, Subcontracting, Delegation of Duties and Change in Control ........................................................... 63 6.10 DISPUTE RESOLUTION AND GOVERNING LAW ........................... 64 6.11 COMPLIANCE WITH LAW ........................................................... 64 6.12 NON-DISCRIMINATION ............................................................. 65 6.13 EQUIVALENT INDUSTRY WAGES ................................................ 65 6.14 PERMITS, LICENSES AND TAXES ................................................ 65 6.15 RELATIONSHIP OF PARTIES ...................................................... 66 6.16 BANKRUPTCY ............................................................................. 66 6.17 RIGHT TO RENEGOTIATE/AMENDMENT ..................................... 67 6.18 FORCE MAJEURE ........................................................................ 67 6.19 ILLEGAL PROVISIONS ............................................................... 67 6.20 WAIVER ..................................................................................... 68 6.21 ENTIRETY .................................................................................. 68 Attachment A: Service Area / 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 Attachment I: City Approved Events List Attachment J: Implementation Plan Attachment K: Operations Plan Attachment L: Future Annexation Areas Comment [PK3]: Placeholder. Only needed if Commercial Embedded Recycling (Option 3) is approved by Council. City of Kent and Republic Services Revised Contract 1 of 77 11-30-15 CONTRACT This Contract is entered into by and between the CITY OF KENT, a municipal corporation of the State of Washington (“City”), and KENT-MERIDIAN DISPOSAL COMPANY, a Washington joint venture, whose joint venture partners are Fiorito Enterprises, Inc., a Washington corporation, and Rabanco Companies, a Washington general partnership, whose general partners are Rabanco, Ltd., a Washington corporation doing business as Allied Waste Republic Services of Kent, and Rabanco Recycling, Inc., a Washington corporation; located and doing business at 22010 76th 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 AprilMayJuly 1, 201651. Change in Control: Change in control means any sale, merger, policy of assets, the issuance of new shares, any change in the voting rights of existing City of Kent and Republic Services Revised Contract 2 of 77 11-30-15 shareholders, or other change in ownership which transfers twenty-five (25) percent or more of the beneficial interest therein from one entity to another. Provided, however, that intracompany transfers, such as transfers between different subsidiaries or branches of the parent corporation of the Contractor, or transfers to corporations, limited partnerships, or any other entity owned or controlled by the Contractor upon the effective date of this Contract shall not constitute an change in control. 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 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 Allied Waste Republic Services, City of Kent and Republic Services Revised Contract 3 of 77 11-30-15 who has contracted with the City to collect and dispose of Garbage and to collect, process, market, and transport Recyclables and Yard & Food Waste. Curb or Curbside: The words “Curb” and “Curbside” mean on the homeowners' property, within five (5) feet of the Public Street or Private Road without blocking sidewalks, driveways, or on-street parking. If extraordinary circumstances preclude such a location, Curbside shall be considered a placement suitable to the resident, convenient to the Contractor’s equipment. Any disagreement over correct placement of Containers for collection will be determined by the City. Detachable Container: The term “Detachable Container” means a watertight metal or plastic container equipped with a tight-fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than one (1) cubic yard or greater than eight (8) cubic yards in capacity. Drop-box Container: The term “Drop-box Container” means an all-metal container with ten (10) cubic yards or more capacity that is loaded onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and transported back to the Customer’s site. 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: City of Kent and Republic Services Revised Contract 4 of 77 11-30-15 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 e t seq., as amended by the Hazardous and Solid Waste Amendments (“HSWA”) of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling, or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA. B. Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW. Implementation Plan: Contractor’s plan which includes major tasks and key dates to ensure an efficient and successful transition and implementation of service provisions as outlined in the Contract. KCC: The term “KCC” means the Kent City Code. King County Disposal System: The term “King County Disposal System” means the real property owned, leased, or controlled by the King County Solid Waste Division, King County, Washington for the disposal of Garbage, or such other site as may be authorized by the then current King County Comprehensive Solid Waste Management Plan. Mixed Paper: The term “Mixed Paper” means magazines, junk mail, phone books, bond or ledger grade paper, cardboard, paperboard packaging and other fiber- based materials meeting industry standards. Tissue paper, paper towels, food- contaminated paper or paper packaging combined with plastic, wax, or foil are excluded from the definition of Mixed Paper. Multifamily Complex: The term “Multifamily Complex” means a multiple-unit Residence with five (5) or more attached or unattached units billed collectively. Operations Plan: Contractor’s plan which includes detailed activities and procedures related to the effective implementation and operation of the Contract throughout the Contract term. Private Road: The term “Private Road” means a privately owned and maintained way that allows for access by a service truck and that serves multiple Residences. Public Street: The term “Public Street” means a public right-of-way used for public travel, including public alleys. Recyclables: The word “Recyclables” means aluminum cans; corrugated cardboard; glass containers; Mixed Paper; newspaper; recyclable plastic containers City of Kent and Republic Services Revised Contract 5 of 77 11-30-15 that have contained non-hazardous products; plastic films; polycoated cartons; Scrap Metals; and tin cans. Recycling Cart: The term “Recycling Cart” means a Contractor-provided 32-, 64- or 96-gallon wheeled cart suitable for household collection, storage , and Curbside placement of Source-separated Recyclables. Recycling Container: The terms “Recycling Container” means a Contractor- provided Recycling Cart or Detachable Container suitable for on-site collection, storage, and placement of Source-separated Recyclables at Multifamily Complexes and Commercial Customer locations. Residence: The word “Residence” means a living space, with a kitchen, individually rented, leased, or owned. RFP: The term “RFP” refers to the Proposals requested from qualified firms for Garbage, Recycling, Yard & Food Waste collection services within the City of Kent. 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. City of Kent and Republic Services Revised Contract 6 of 77 11-30-15 White Goods: The term “White Goods” shall include all major appliances, such as washers, dryers, refrigerators, freezers, stoves, dishwashers and trash compactors, and shall also include any other items as mutually agreed to by the City and Contractor. WUTC: The term “WUTC” means the Washington Utilities and Transportation Commission. Yard Waste: The term “Yard Waste” means plant material (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens, including sod and a small amount of incidental rocks not over two (2) inches in diameter; biodegradable waste approved for the Yard Waste programs by the City, unflocked Christmas trees meeting length and diameter requirements. Yard Waste does not include loose soils; plastics and synthetic fibers; lumber; any wood or tree limbs over four (4) inches in diameter; human or animal excrement; noxious weeds and soil contaminated with hazardous substances. Yard & Food Waste Cart: The term “Yard & Food Waste Cart” means a Contractor-provided 13-, 32-, 64- or 96-gallon wheeled cart provided to all Yard & Food Waste collection Customers for the purpose of containing and collecting Yard & Food Waste. II. CONTRACT 1. Term of Contract The service term of this Contract is seven (7) years starting April MayJuly 1, 201651, and expiring MarchJune 3110, 20235218. The City may, at its sole option, extend the Contract for up to two (2) extensions, each of which shall not exceed two (2) years in duration. Any extension shall be under the terms and conditions of this Contract, as may be amended by the City and Contractor from time to time. To exercise its option to extend this Contract, notice shall be given by the City to the Contractor no less than two-hundred seventy (270) days prior to the expiration of the Contract term or the expiration of an extension, if applicable. 2. Scope of Work 2.1 General Collection System Requirements The Contractor shall collect, take title to, and dispose of Garbage, Recyclables, and Yard & Food Waste according to the terms and conditions of this Contract, including the Implementation Plan and Operations Plan, and also in accordance with Chapter 7.03 KCC as now enacted or subsequently amended, provided that the Contractor Comment [PK4]: Implementation Plan only if Embedded Commercial Recycling is approved by Council. City of Kent and Republic Services Revised Contract 7 of 77 11-30-15 shall not knowingly or as a result of gross negligence collect or dispose of Hazardous Waste or Special Waste. The Contractor shall indemnify the City for any City damages caused by violation of this Section. To the extent identifiable, Customers shall remain responsible for any Hazardous Waste or Special Waste provided and inadvertently collected by Contractor. Except to the extent of Contractor’s willful acts or gross negligence, the Contractor shall have no liability for, and shall not take title to, Hazardous Waste or Special Waste. Title to and liability for Hazardous Waste and Special Waste shall remain with the generator of that waste. 2.1.1 City Service Area The Contractor shall provide all services pursuant to this Contract throughout the entire City Service Area. Territory not serviced by Contractor that is annexed or added into the City after the effective date of the service term of this Contract will be served in compliance with RCW 35A.14.900. On July 1, 2010, the City annexed the “Panther Lake Annexation” area, and on that date, the Panther Lake Annexation area became a part of the City Service Area. The Contractor is the current solid waste service provider in this annexation area through a certificate issued by the Washington Utilities and Transportation Commission (WUTC) and has certain legal rights to continue service in the annexation area under that separate franchise or permit pursuant to Revised Code of Washington (RCW) 35A.14.900, and pursuant to approved tariffs and other regulations on file with the Washington Utilities and Transportation Commission. As part consideration for entering into this Contract, Contractor will provide service to the Panther Lake Annexation area under exactly the same terms and conditions of this Contract, specifically including, without limitation, Contract term (and any agreed extensions), delivery schedules, and pricing. To that end, as of the service date of this Contract, Contractor shall terminate that portion of its certificate for the affected annexation area, if any, with the WUTC, but in doing so, Contractor will not preclude the exercise of any third-party certificate issued by the WUTC authorizing the third-party to provide regulated service in the annexation area. Further, and consistent with the preceding, Contractor expressly waives and releases any rights it may have to file any action, claim, or suit for damages or compensation from the City (including its officials, officers, employees, agents, or assigns) arising from or connected with the cancellation of the affected area (“Panther Lake Annexation”) of its certificate property right granted by the WUTC. Until the Contract service date, Contractor will continue to operate in the Panther Lake Annexation area under the same terms and conditions as provided in its current franchise or certificate, but shall charge utility taxes at the rates and pursuant to those conditions established by the KCC as approved for pass-through to its Customers by the WUTC. If, during the term of this Contract, including any agreed extensions, the City adds any additional territory through annexation as reflected in Attachment L, and the Contractor continues to possess an existing franchise, certificate, or right to provide City of Kent and Republic Services Revised Contract 8 of 77 11-30-15 solid waste services in the additional areas, the Contractor, as part consideration for entering into this Contract, will provide service to the additional areas in Attachment L, under the same terms and conditions of this Contract for the remainder of the service term for this Contract, including any agreed extensions. To that end, on the date the additional areas become a part of the City, after appropriate notice under RCW 35A.14.900, the Contractor shall cancel its franchise, certificate, or right in the additional area which shall terminate that portion of its certificate for the additional annexation area(s) issued by the WUTC. Further, Contractor expressly waives and releases any rights it may have to file any action, claim, or suit for damages or compensation from the City (including its officials, officers, employees, agents, or assigns) arising from or connected with any franchise, certificate, or right Contractor has or had in the above-identified additional territories resulting from the cancellation of that franchise, certificate, or right by the City’s annexation action, but only in those territories specified above. 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 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 as 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 City of Kent and Republic Services Revised Contract 9 of 77 11-30-15 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. 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 regular 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. City of Kent and Republic Services Revised Contract 10 of 77 11-30-15 2.1.4 Employee Conduct The Contractor’s employees collecting Garbage, Recyclables, and Yard & Food Waste shall at all times be courteous; refrain from loud, inappropriate or obscene language; exercise due care; perform their work without delay; minimize noise; and avoid damage to public or private property. If on private property, employees shall follow the regular pedestrian walkways and paths, returning to the street after replacing empty containers. Employees shall not trespass or loiter, cross flower beds, hedges, or property of adjoining premises, or meddle with property that does not concern them or their task at hand. While performing work under the Contract, employees shall wear a clean, professional, and presentable uniform with a company emblem visible to the average observer. If the City observes or is informed that any person employed by the Contractor has acted in the opinion of the City, in an incompetent, disorderly, or otherwise unsatisfactory manner, the City will document the incompetent, disorderly, or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a demand that such conduct be corrected. The Contractor shall investigate any written complaint from the City or a Customer regarding any unsatisfactory performance by any of its workers. If the offending conduct is repeated, the City may require that the person be removed from all performance of additional work under this Contract. Removal shall be addressed by the Contractor immediately. 2.1.5 Special Disabled Service The Contractor shall offer carry-out service for Garbage, Recyclables, and Yard & Food Waste to households lacking the ability to place containers at the Curb, at no additional charge. The Contractor shall use qualification criteria that are fair and meet the needs of the City’s disabled residents. However, exemptions may be granted in writing by the Contractor to accommodate the special needs of Customers. These criteria shall comply with all local, state, and federal regulations, and shall be subject to City review and approval prior to program implementation. 2.1.6 Holiday Schedules The Contractor shall observe the same holiday schedule as do King County Transfer Stations (New Years Day, Thanksgiving Day, and Christmas Day). When the day of regular collection is a King County Transfer Station holiday, the Contractor may reschedule the remainder of the week of regular collection to the next succeeding workday, which shall include Saturdays. The Contractor may not collect Residential Garbage, Recyclables, or Yard & Food Waste earlier than the regular collection day due to a holiday. Commercial collections may be made one (1) day early only with the consent of the Commercial Customer. 2.1.7 Inclement Weather and Other Service Disruptions When weather conditions could cause continued operation to result in danger to the Contractor’s staff or property or to Customers or their property, the Contractor shall City of Kent and Republic Services Revised Contract 11 of 77 11-30-15 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 e-mails to Customers that have provided e-mail addresses. The Contractor shall collect Garbage, Recyclables, and Yard & Food Waste from Customers with interrupted service on the first day that regular service to a Customer resumes and shall collect reasonable accumulated volumes of materials equal to what would have been collected on the missed collection day(s) from Customers at no extra charge. Upon request to the City, the Contractor may be provided temporary authorization to perform collection services after 6:00 p.m. and/or on Saturdays following disruptions due to weather in order to finish collection routes. If successive weather events occur on the same scheduled collection day(s) two (2) weeks in a row, an additional collection will be made on the next possible business day that same week, (i.e., not waiting for the regularly scheduled collection day for the missed area.) The inclement weather/service disruption requirements in the preceding paragraphs may be changed upon mutual written agreement of the Contractor and City at any time during the term of this Contract to better serve Customers. Inclement weather and service interruption policies shall be included in all program information provided to Customers. On each inclement weather day, the Contractor shall release notices to the City, local newspapers, and radio stations, including the Seattle Times, Seattle Post- Intelligencer, and Kent Reporter newspapers; KING - 98.1 FM, KIRO - 97.3 FM, and KOMO 1000 AM radio stations; automated Customer all-calls; on-hold messages; and the Contractor’s website notifying Single-family Residence, Multifamily Complex, and Commercial Customers of the modification to the collection schedule. The City may specify additional media outlets or internet for Contractor announcements at its discretion. The Contractor and City shall develop a contingency plan for collection depots on the East Hill, the West Hill and the Valley floor if inclement weather is anticipated to last more than two (2) weeks. The contingency plan shall be publicized as described above. When closure of roadways providing access or other non-weather related events beyond the Contractor’s control prevents timely collection on a scheduled day, the Contractor shall make collections on the first day that regular service to a Customer resumes and collect reasonable accumulated volumes of materials equal to what would have been collected on the missed collection day(s) from Customers at no extra charge. Upon request to the City, the Contractor may be provided temporary authorization to perform collection services after 6:00 p.m. and/or on Saturdays following such disruptions in order to finish collection routes. Delayed or interrupted City of Kent and Republic Services Revised Contract 12 of 77 11-30-15 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 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 City of Kent and Republic Services Revised Contract 13 of 77 11-30-15 fault of the Contractor, the Contractor shall be permitted to charge the Customer an additional fee (a “return trip fee”) for this service, providing the Contractor notifies the Customer of this charge in advance. 2.1.10 Same Day Collection Garbage, Recyclables, and Yard & Food Waste collection shall occur on the same regularly scheduled day of the week for Single-family Residence Customers. The collection of Garbage, Recyclables, and Yard & Food Waste from Multifamily Complexes and Commercial Customers need not be scheduled on the same day of the week. 2.1.11 Requirement to Recycle and Compost The Contractor shall recycle or compost all loads of Source-separated Recyclables and Yard & Food Waste collected, unless express prior written permission is provided by the City. The disposal of contaminants separated during processing is acceptable to the extent that it is unavoidable and consistent with industry standards. Obvious contaminants included with either Source-separated Recyclables 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 City of Kent and Republic Services Revised Contract 14 of 77 11-30-15 request, provide its own investigations, and provide a response to the Contractor within thirty (30) days of receiving the Contractor’s request. Contractor will maintain collection equipment with the ability to service limited access areas. This is to ensure that all Customers receive equal service. Vehicles used in the performance of this Contract shall be maintained in a clean and sanitary manner, and shall be thoroughly washed as needed to maintain a clean and presentable appearance, but in any event not less than once each week. Vehicles shall be repainted as needed and/or at the request of the City. All collection equipment shall have appropriate safety markings, including all highway lighting, flashing and warning lights, clearance lights, warning flags, and sound warning signalization systems, all in accordance with current statutes, rules, and regulations. Equipment shall be maintained in good working condition at all times. All parts and systems of the collection vehicles shall operate properly and be maintained in a condition satisfactory to the City. The Contractor shall maintain collection vehicles to ensure that no discharges, i.e., no liquid wastes (such as Garbage or Yard & Food Waste leachate) or oils (lubricating, hydraulic, or fuel) are 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. City of Kent and Republic Services Revised Contract 15 of 77 11-30-15 2.1.14 Container Requirements and Ownership 2.1.14.1 Contractor Owned Carts Single-family Residential, Multifamily Complex, and Commercial Customers shall use Contractor-owned Carts, Containers, and Drop-boxes for their primary Garbage, Recycling, Yard & Food Debris collection services. Plastic bags or Customer owned 32-gallon cans may be used for overflow volumes of Garbage, but not as a Customer’s primary container. 2.1.14.2 Garbage, Recyclables, and Yard & Food Waste Carts The Contractor shall provide 13-, 20-, 32-, 45-, 64- and 96-gallon Garbage Carts for the respective level of Garbage collection; 32-, 64- or 96-gallon Recyclables Carts; and 13-, 32-, 64- or 96-gallon Yard & Food Waste Carts. These cart sizes may vary slightly depending on sizes supplied by the Contractor’s vendor. All carts shall be manufactured from a minimum of forty (40) percent post-consumer recycled plastic, and be capable of being recycled at the end of their life, with a lid that will accommodate a Contractor affixed screening or label. The collection program under this Contract is an “all cart” system. New carts shall be delivered to all Single-family Residential Customers, as well as Multifamily Complex, and Commercial Customers utilizing carts, as part of the Implementation Plan and at no additional cost to those Customers. The Contractor shall affix the Customer’s address to each new cart or replacement cart, prior to delivery. If during the term of the Contract, the address fades, or becomes unreadable, the Contractor shall reaffix the Customer’s address. Carts shall be provided to requesting Customers within seven (7) days of the Customer’s initial request. All wheeled cart manufacturers, styles and colors shall be approved in writing by the City prior to the Contractor ordering a cart inventory. All carts must have materials preparation instructions and telephone and website contact information printed on a sticker on the lid. All Contractor-owned wheeled carts shall: be maintained by the Contractor in good condition for material storage and handling; contain no jagged edges or holes; contain wheels or rollers for movement; and be equipped with an anti-skid device or sufficient surface area on the bottom of the container to prevent unwanted movement. The carts shall contain instructions for proper use, including any Customer actions that would void manufacture warranties (such as placement of hot ashes in the container causing the container to melt), and procedures to follow in order to minimize potential fire problems. Collection crews shall note damaged hinges, holes, poorly functioning wheels, and other similar repair needs on Contractor-owned carts (including those for Garbage, Recycling and Yard & Food Waste) and forward repair notices to the Contractor’s service personnel. Customers may also provide Contractor notice of cart damage. Cart repairs shall be made at the Contractor’s expense within seven (7) days from the date of damage notice from either the Customer or the collection crew. Any wheeled cart that is damaged or missing on account of accident, act of nature or City of Kent and Republic Services Revised Contract 16 of 77 11-30-15 the elements, fire, or theft or vandalism by other members of the public shall be replaced no later than seven (7) business days after notice from the Customer or City. Replacement carts may be used and reconditioned, but shall be clean and appear presentable. Unusable carts shall be cleaned (if necessary) and recycled to the extent possible. In the event that a particular Customer repeatedly damages a cart by excessive wear and tear or requests more than one (1) replacement cart during the term of the Contract due to negligence or intentional misuse, the Contractor shall forward in writing the Customer’s name and address to the City. The City shall then attempt to resolve the problem. In the event that the problem continues, the Contractor may suspend service to that Customer, but only with the City’s prior written approval. The Contractor shall notify the City of any such denied or suspended service, and provide back-up information to the City for potential code enforcement action. 2.1.14.3 Detachable and Drop-box Containers All metal Multi-family and Commercial containers shall be new or refurbished/repainted within the first six (6) months of the Contract. The Contractor shall furnish and install 1-, 1.5-, 2-, 3-, 4-, 6- and 8-cubic yard Detachable Containers, and 10-, 20-, 25-, 30- or 40-cubic yard uncompacted Drop- box Containers to any Customer who requires their use for storage and collection of Garbage, Recyclables, or Yard & Food Waste within three (3) days of the request. Containers shall be located on the premises in a manner satisfactory to the Customer and for collection by the Contractor. Detachable Containers shall be: watertight and equipped with tight-fitting metal or plastic covers; have four (4) wheels for containers 2-cubic yards and under; be in good condition for Garbage, Recyclables, or Yard & Food Waste storage and handling; and have no leaks, jagged edges, or holes. Drop-box Containers shall be all-metal, and if requested by a Customer, equipped with a tight-fitting screened or solid cover operated by a winch in good repair. Each type of container (i.e. Recyclables, Yard & Food Waste or Garbage) shall be painted a color consistent with the program it is used for, subject to the requirements of Section 2.1.14.6, with color changes subject to the City’s prior written approval. Containers shall be repainted as needed, or within two (2) weeks upon notification from the City throughout the length of this Contract. Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary) before being supplied to a Customer who had not used it earlier. The Contractor shall provide an on-call container cleaning service to Customers. The costs of on- call cleaning shall be billed directly to the Customer in accordance with Attachment B. The Contractor, within seven (7) days after receipt of notice from the City shall supply to each Customer designated in such notice a Detachable Container fitted with a lid lock mechanism (a “lid lockable Container”), along with one padlock and City of Kent and Republic Services Revised Contract 17 of 77 11-30-15 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 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 2.2.2.2], the Contractor shall provide Recycling Carts to new Customers within the City Service Area, including new residences as well as replacement Carts to existing Customers who request them because of loss, theft, or damage, or Customers requesting an City of Kent and Republic Services Revised Contract 18 of 77 11-30-15 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 Cart. 2.1.14.5 Ownership On the termination of this Contract for any reason, the City may, at its option, take full title and ownership of all Contractor-supplied Garbage Carts, Recycling Carts, and Yard & Food Waste Carts purchased or obtained by the Contractor without further compensation to the Contractor. Any remaining cart warranties shall also be transferred to the City. Detachable Containers and Drop-box Containers shall be purchased, delivered, and maintained by the Contractor during the term of this Contract. On the termination of this Contract for any reason, the City may, at its option, purchase or assign the right to purchase the Contractor’s in-place inventory of Detachable Containers or Drop-box Containers for use by the successive Contractor. In the event that the City elects to purchase the Contractor’s containers, the sale price shall equal fifty (50) percent of the average new price for each container, based on the average price from three (3) manufacturers at the time of the termination. The Containers’ warranties shall also be transferable to the City. For the purposes of this transaction, the average prices shall include transportation from the manufacturer to the Contractor’s closest service yard, but shall exclude sales or use taxes. 2.1.14.6 Container Colors and Labeling Container colors of new and replacement Contractor-provided Recycling Carts, Yard & Food Waste Carts, Garbage Carts and Detachable Containers used for Garbage and Recycling shall be agreed upon by the City and the Contractor. The City may direct changes to cart colors at any time prior to the Contractor ordering initial or replacement carts provided the new direction from the City does not require replacement of existing inventories and the cost per unit does not increase to the Contractor. All Garbage Carts, Recycling Carts, Yard & Food Waste Carts, Detachable Containers, and Drop-boxes shall be labeled with instructional information and pictures of what is acceptable in each cart/container and contact information, including both a customer service phone number and a website address. All labels City of Kent and Republic Services Revised Contract 19 of 77 11-30-15 shall be approved by the City prior to ordering by the Contractor. The location of the label on the carts, containers and drop-boxes shall be subject to the City’s prior approval and shall be highly visible to Customers. Labels shall be UV resistant and/or replaced when faded, damaged, or upon City or Customer request. Multi- lingual labels as requested by the City shall also be made available by the Contractor to Customers for attachment to containers/carts as requested by the Customer or City. City of Kent and Republic Services Revised Contract 20 of 77 11-30-15 2.1.14.7 Container Weights Weight of carts when full shall not exceed twenty (20) pounds for the 13-gallon size, thirty (30) pounds for the 20-gallon size, sixty (60) pounds for the 32-gallon size, ninety (90) pounds for the 45-gallon size, one hundred-twenty (120) pounds for the 64-gallon size and one hundred-eighty (180) pounds for the 96-gallon size. Weight of cans, bundles, bags, or boxes used for extra Garbage and Yard Waste shall not exceed sixty (60) pounds when full. No sSSpecific weight restrictions aare deemed to be over 125% of disposal component as listed in Schedule B as are provided for Detachable Containers; however and, 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 City of Kent and Republic Services Revised Contract 21 of 77 11-30-15 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. 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 Allied Waste” shall be used as the Contractor name in all correspondence, written and verbal, on all promotional and educational materials, on collection vehicles, web site, billing, etc. City of Kent and Republic Services Revised Contract 22 of 77 11-30-15 2.1.21 Transition and Implementation of Contract The Contractor shall work with the City to explain the expanded commingled recycling collection system and Garbage collection service placement requirements, container sizes, and rates. At a minimum and in accordance with the dates established in the Implementation Plan, the Contractor shall, at its expense, provide the following: 1. The Contractor shall mail to all Single-family Residential Customers a post card notifying them of the delivery of new carts, the key services of the Contract, and instructions for the intervening time period before the implementation of new services. 2. The Contractor will deliver to Single-family Residential Customers new carts with a User Guide (in a plastic bag or other weatherproof container taped or affixed to the cart) that includes information on container placement, available service levels, and rates, Recyclables, and Yard & Food Waste preparation and collection requirements, restrictions on disposal, bulky waste recycling and disposal opportunities, day of collection, and other pertinent information. The Contractor shall also design, produce, and distribute with the User Guide a magnetized information card describing acceptable Single-family Residential Recyclable, Yard & Food Waste and Garbage preparation and set-out information. The magnets shall be delivered to both Single-family and Multifamily Customers. The Contractor shall deliver the same size Garbage Cart, if applicable, for each service as currently provided to each cart Customer (unless Customers request a different size cart prior to delivery). 3. The Contractor shall deliver Carts, Detachable Containers, and Drop- box Containers to Multifamily and Commercial Customers. Containers may be delivered earlier in the month, provided that the Contractor has Customer approval to do so. 4. Additional staffing shall be provided for Contractor Customer service lines to accommodate Customer questions, Single-family Residential service level shifting requests, and Multifamily and Commercial Customer container orders during the transition period. The above dates may be shifted earlier upon written permission of the City, provided that Customers receive new containers in a way to minimize confusion. All container decals and materials provided by the Contractor to Customers shall be reviewed and approved by the City in advance. 2.1.22 Coordination with City and Annual Performance Review The Contractor’s supervisory staff shall be available to meet with the City at the City’s offices on request during normal business hours to discuss operational and Contract issues. The City may, at its option, conduct an annual performance review City of Kent and Republic Services Revised Contract 23 of 77 11-30-15 of the Contractor’s performance under this Contract. The City has the sole right to establish performance measures evaluated pursuant to this Contract. The City may perform the review to confirm various aspects of the Contractor’s operations and compliance with this Contract. City staff or contracted consultants may provide the review at the City’s direction. The Contractor shall fully cooperate and assist with all aspects of the performance review, including access to route and customer service data, safety records, and other applicable information. The City’s authority under this provision is limited to non-financial reviews of Contract compliance. The results of the performance review shall be presented to the Contractor, and a plan addressing any deficiencies shall be provided to the City within two (2) weeks of the Contractor’s receipt of the review. The Contractor shall develop a plan to correct, in good faith, any deficiencies found in its performance under this Contract. The Contractor’s plan shall address all identified deficiencies and include a timeline for corrective actions. The Contractor’s corrective plan shall be subject to review and approval by the City. Upon approval of the plan, the Contractor shall proceed to correct deficiencies. Failure to correct deficiencies as outlined in the plan and/or failure to initiate corrective actions within thirty (30) days shall constitute a failure to perform, and the City, at its sole option, may provide the Contractor with thirty (30) days, notice of contract termination. The City’s determination of failure to perform shall not be unreasonable. The Contractor shall continually monitor and evaluate all operations to ensure compliance with this Contract. At the request of the City, or at no less than quarterly intervals, the Contractor shall report its actual performance measures, compare actual performance to City performance requirements, and provide a plan and timeline for remedial measures to correct any items failing to meet City requirements. 2.1.23 Disposal Requirements All Garbage collected under this Contract, as well as residues from processing Recyclables, and Yard & Food Waste, shall be delivered to the King County Disposal System, unless otherwise directed or permitted in writing by the City. Construction and demolition collected by the Contractor may be processed to recover recyclables, provided that the residual is disposed in accordance with the City’s Interlocal Agreement with King County. In the event the Contractor elects to haul mixed construction and demolition and Food Waste to a private processing facility, the Contractor shall charge the Customer no more than the equivalent disposal fee at a King County Disposal System transfer station and shall charge hauling fees no higher than provided for in Attachment B. City of Kent and Republic Services Revised Contract 24 of 77 11-30-15 2.1.24 Compressed Natural Gas (CNG), Alternative Fuels The Contractor shall use Compressed Natural Gas (CNG)-powered collection vehicles in the performance of this Contract. The Contractor may request permission to use other alternative fuels. The City shall consider the request, provide its own investigations and provide a response to the Contractor within thirty (30) days of receiving the Contractor’s request. Upon request of the City, the Contractor shall provide the City access and use of the Contractor’s CNG fueling station. 2.1.25 Violation of Ordinance The Contractor shall report in writing to the Director identified in Chapter 7.03 KCC any observed violation of the City’s Ordinance. KCC 7.03, providing for and regulating the collection, removal, and disposal of Garbage, Recyclables, and Yard & Food Waste. 2.2 Collection Services 2.2.1 Single-family Residence Garbage Collection 2.2.1.1 Subject Materials The Contractor shall collect all Garbage placed curbside for disposal by Single- family Residential Customers in Contractor provided Garbage Carts. The Contractor shall offer carry-out service to disabled Customers at no charge (per Section 2.1.5) and to all other Customers for the appropriate service level rate, plus the carry-out surcharge, if any, in accordance with Attachment B. Garbage containing Yard Waste shall not knowingly be collected and instead prominently tagged with a notice informing the Customer that disposal of Yard Waste in Garbage is not legal within the City. Contractor’s knowing collection of Garbage mixed with visible Yard Waste may be grounds for liquidated damages pursuant to Section 4.1. The Contractor shall not be required to collect hazardous materials 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 remains responsible for all costs associated with handling and disposal of hazardous materials subject to rejection under this Section that are inadvertently collected by Contractor. City of Kent and Republic Services Revised Contract 25 of 77 11-30-15 2.2.1.2 Collection Containers The Customer’s primary container must be a Contractor-provided cart or container. Plastic bags may only be used for excess waste, not as the Customer’s primary container. Cart rental fees shall be embedded in the respective level of cart service and not separately charged. Garbage Carts shall be delivered by the Contractor to Single-family Residence Customers within seven (7) days of the Customer’s initial request. Existing Single-family Residential Customers shall be allowed a one-time level of service change or adjustment at no extra charge within the one (1) year period beginning April 1, 2011. New Single-family Residential Customers who subscribe for collection service after April 1, 2011, shall be allowed a one -time level of service change or adjustment during the new Customer’s first year of service. Changes in level of service after April 1, 2012, for existing Single-family Residential Customers, changes in level of service after the first year of service for new Single-Family Residential Customers, and any change in service of two (2) or more times, regardless of the initial service date, shall be subject to a redelivery fee as listed in Attachment B. 2.2.1.3 Specific Collection Requirements The Contractor shall offer regular weekly collection of the following service levels: 1. 13-gallon Garbage Cart 2. 20-gallon Garbage Cart 3. 32-gallon Garbage Cart 4. 45-gallon Garbage Cart 5. 64-gallon Garbage Cart 6. 96-gallon Garbage Cart All collections shall be made from Single-family Residences on Public Streets and Private Roads on a regular schedule on the same day and as close to a consistent time as possible. The Contractor may tag inappropriately placed containers and may suspend service in the event of persistent inappropriate container placement. The Contractor shall notify the City within twenty-four (24) hours, of any suspended collections and provide back-up documentation. The Contractor’s crews shall make collections in an orderly and quiet manner, and shall return containers, in an upright position, with lids closed and attached, to their set out location and not on streets, sidewalks, or public pathways. 2.2.1.4 Extra Charges Carry-out charges shall be assessed only to those Customers who cannot provide an adequate curbside cart or container location or who choose to have the Contractor move a container to reach the collection vehicle at its nearest point of access, unless the Customer is otherwise exempt from rollout charges pursuant to City of Kent and Republic Services Revised Contract 26 of 77 11-30-15 this Contract or Kent City Code. Cans, carts, or containers without lids completely shut and secure may be charged extra fees. The Contractor may charge for an overweight container at the “extra” rate, provided that the Customer agrees to pay for special handling, otherwise, the container shall be left at the Curb with notification as to why it was not collected. The Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of all extra fees. All “extras” from Customers with a history of disputed charges shall be documented with a date and time stamped photograph. Customers shall be allowed to specify that no “extras” be collected without prior Customer notification, which shall be provided by the Customer no less than twenty-four (24) hours prior to that Customer’s regular collection date. 2.2.2 Single-family Residence Recyclables Collection 2.2.2.1 Subject Materials The defined list of Recyclables shall be collected from all participating Single-family Residences as part of basic Garbage collection services, without extra charge. The Contractor shall collect all Recyclables from Single-family Residences that are placed in Contractor owned Carts or are boxed or placed in a paper bag next to the Customers’ recycling cart. Recyclables containing obvious amounts of Compostables or Garbage shall not knowingly be collected and instead prominently tagged with a notice informing the Customer of Recyclables contamination. Contractor will contact the Customer shall be contacted and provide Customer the opportunity to both(1) remove the contamination and have the materials collected the following collection cycle, or alternatively(2), have the materials collected as Garbage at the regular Residential Monthly MSW rate for a like size container atmultiplied by .231 (equaling one weekly collection service), plus the appropriate return trip fee, as provided in aAttachment B). There shall beContractor will allow a 90-day grace period where contamination fees will not apply from thebeginning on the effective date of this Agreement and running until 90 days after the date Contractor has sent notice to all Customers. date of this contract that contamination fees shall not be applicable, but nNotification of contamination fees to the customer shall occur in accordance with the Operation Plan. The Contractor shall keep records of all contamination incidents and make them available to customer service representatives and to the city upon demand. All subject recyclable materials listed may be modified in the Operations Plan, Attachment K. At a minimum Tthe following recyclables, will bewhen collected, and must be prepared as follows, and must be uncontaminated with Food Waste, Garbage, or other residues, (oOr 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. City of Kent and Republic Services Revised Contract 27 of 77 11-30-15 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 place d 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. 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).. Styrofoam: Place in clear plastic bag. Weigh down to prevent movement. Call in and set next to cart on specified day. Packing peanuts will not be collected curbside. (No Packing Peanuts, take peanuts to nearest UPS, FedEx mailing service.) Tin Cans: All food and beverage cans – empty and rinsed. City of Kent and Republic Services Revised Contract 28 of 77 11-30-15 2.2.2.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Recycling Carts. The Contractor shall procure and distribute Recycling Carts to all Single-family Residence Customers as identified in the Implementation Plan. The default Recycling Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 32- or 64-gallon Recycling Carts on request to those Customers requiring less capacity than provided by the standard 96-gallon Recycling Cart. Recycling Carts shall be labeled with recycling collection requirements in accordance with Section 2.1.14.6, and shall include a program packet of materials when distributed. The program packet of materials shall include items identified in Section 2.1.21. Recycling Carts shall be delivered by the Contractor to new Customers or those Customers requesting replacements, within seven (7) days of the Customer’s initial request. Customers may request additional Recycling Cart(s) at the rate listed in Attachment B. Existing Single-Family Residential Customers shall be allowed a one-time level of service change or adjustment at no extra charge within the one (1) year period beginning April 1, 2011. New Single-family Residential Customers who subscribe for collection service after April 1, 2011, shall be allowed a one -time level of service change or adjustment during the new Customer’s first year of service. Changes in level of service after April 1, 2012, for existing Single-family Residential Customers, changes in level of service after the first year of service for new Single-family Residential Customers, and any change in service of two (2) or more times, regardless of the initial service date, shall be subject to a redelivery fee as listed in Attachment B. 2.2.2.3 Specific Collection Requirements Single-family Residence Recyclables collection shall occur every-other-week on the same day as each household’s Garbage and Yard & Food Waste collection. Single- family Residence Recyclables collection shall occur during the hours and days specified in Section 2.1.3. Collections shall be made from Residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection service is provided. The Contractor’s crews shall make collections in an orderly and quiet manner, and shall return containers with their lids closed and attached to their set out location in an orderly manner. The Contractor shall collect all properly prepared Single-family Residence Recyclables from Garbage Customers. No limits shall be placed on set-out volumes, except in the case when extremely large quantities of commercially-generated materials are consistently set out at a Single -family Residence. In this case, the City of Kent and Republic Services Revised Contract 29 of 77 11-30-15 Contractor shall request the Customer to use a larger Recycling Cart or use commercial recycling services for the excess volumes. If the Customer continues to set out commercial quantities of Recyclables, the Contractor shall notify the City for further action. In the event that large quantities of residentially-generated cardboard (e.g. moving boxes) are set out for collection, the Contractor may collect the excess materials the following day in a separate truck, provided that clear written notification of the collection delay is provided to the Customer. The Contractor shall collect from Single-family Residential Customers properly packaged used motor oil, kitchen oil, or grease. The Contractor may refuse to collect used motor oil, kitchen oil, or grease from any Customer for any one (1) of the following reasons: 1) the motor oil, kitchen oil, or grease was not packaged in a one gallon plastic jug; 2) the jug contained substances other than motor oil, kitchen oil, or grease; 3) the jug was not leak proof; 4) the container is not properly labeled with the Customer’s name and address; or 5) there is spillage at the Customer location which is not caused by the Contractor’s employees. Should the Contractor reject used motor oil, kitchen oil, or grease for any of these reasons, a tag outlining the reason for rejection shall be left with the container. 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. Compostables containing obvious amounts of Recyclables or Garbage shall not knowingly be collected and instead Contractor will prominently tagged those containers with a notice informing the Customer of Compostables contamination. Contractor will contact Customers shall be contacted and provide the opportunity to both(1) remove the contamination and have the materials collected the following collection cycle, or alternatively(2), have the materials collected as Garbage at the regular Residential Monthly municipal solid waste MSW rate for like size container, multiplied by at .231, (equaling one weekly collection service) plus the appropriate return trip fee, as provided in aAttachment B). There shall be a 90-day grace period from the date of this contract that contamination fees shall not be applicable, but notification of contamination to the customer shall occur in accordance with the Operation Plan. The Contractor shall keep records of all contamination incidents available to customer service representatives. 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 in accordance with the Operation Plan. The Contractor shall keep records of all City of Kent and Republic Services Revised Contract 30 of 77 11-30-15 contamination incidents and make them available to customer service representatives and to the city upon demand. Contaminated or oversized Yard & Food Waste Compostables 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 available upon request. The distribution plan for containers including default size(s) will be defined in the Implementation Plan. Extra Yard Waste material that does not fit in the initial Yard & Food Waste Cart shall be boxed, bundled, or placed in paper bags, approved compostable bags, or Customer-owned Garbage Cans which do not exceed 32-gallons in capacity and sixty-pounds when full, labeled for Yard Waste. Customers choosing to use their own containers for excess Yard Waste shall be provided durable stickers by the Contractor that clearly identify the container’s contents as Yard Waste. Extra Food Waste must be in Contractor-approved containers. Yard & Food Waste Carts shall be delivered by the Contractor to Customers within seven (7) days of the Customer’s initial request. 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. Existing Single-family Residential Customers shall be allowed a one-time level of service change or adjustment at no extra charge within the one (1) year period beginning April 1, 2011. New Single-family Residential Customers who subscribe for collection service after April 1, 2011, shall be allowed a one -time level of service change or adjustment during the new Customer’s first year of service. Changes in level of service after April 1, 2012, for existing Single-family Residential Customers, changes in level of service after the first year of service for new Single-family Residential Customers, and any change in service of two (2) or more times, regardless of the initial service date, shall be subject to a redelivery fee as listed in Attachment B. 2.2.3.3 Specific Collection Requirements City of Kent and Republic Services Revised Contract 31 of 77 11-30-15 Yard & Food Waste materials shall be collected at least every-other-week from all Single Family Residences. Yard & Food Waste in excess of Contractor-provided container capacity will be charged as “extras” in 32-gallon increments, with each extra equaling 32-gallons. The Contractor shall collect Yard & Food Waste on Public Streets and Private Roads, in the same location as Garbage collection is provided. The Contractor’s crews shall make collections in an orderly and quiet manner, and shall return containers in an upright position, with lids attached, to their set out location. Upon two hundred seventy (270) days written notice, the City may elect to shift from embedded every other week to embedded weekly Yard & Food Waste collection, Future Option 1, Attachment B-1. Upon two hundred seventy (270) days written notice, the City may elect to shift service to the Combined Single-Family Residential Service Package, every other week Garbage, every other week Recycling, Embedded Weekly Yard & Food Waste collection, Future Option 2, Attachment B-2. 2.2.3.4 Food Waste Collection The Contractor shall accept Food Waste included and mixed with Yard & Food Waste in Yard & Food Waste Carts for Single-family Residential Customers. The Contractor shall provide kitchen Food Waste containers with a Customer education package on Food Waste collection and list of acceptable food scraps/food–soiled paper items, and will distribute the containers prior to the Contract Service Date. The range of materials handled by the Food Waste collection program may be changed from time to time, with prior written approval of the City, to reflect those materials allowed by the Seattle-King County Health Department for the frequency of collection provided by the Contractor. 2.2.4 Single-Family Bulky Items, White Goods Collection 2.2.4.1 Subject 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, and other oversized materials, small appliances and e-waste must occur during the hours and days specified in Section 2.1.3, with the exception that City of Kent and Republic Services Revised Contract 32 of 77 11-30-15 Saturday collection is permissible if it is more convenient for Customers. The Contractor’s crews shall make collections in an orderly and quiet manner. 2.2.5 Multifamily Complex and Commercial Customer Garbage Collection 2.2.5.1 Subject Materials The Contractor shall collect all Garbage set out for disposal by Multifamily Complex and Commercial Customers in acceptable containers as designated in Section 2.2.5.2. Garbage containing Yard Waste shall not knowingly be collected and instead, Contractor shall be prominently tagged 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. C (Contamination charges may be assessed.) Contractor’s knowing collection of Garbage mixed with visible Yard Waste shall be grounds for liquidated damages. There shall be a 90-day grace period from the date of this contract that contamination fees shall not be applicable, but notification of contamination to the customer shall occur in accordance with the Operation Plan. The Contractor shall keep records of all contamination incidents available to customer service representatives. 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 in accordance with the Operation Plan. 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 City of Kent and Republic Services Revised Contract 33 of 77 11-30-15 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 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 labeled well labeled with colored pictures, right-side up, to help educate customers about what materials ar 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 City of Kent and Republic Services Revised Contract 34 of 77 11-30-15 Recyclables in Section 2.2.2.1., with the exception of motor oil, kitchen oil, and grease, or fluorescent lights. Recyclables containing Cobvious amounts of CCompostables or Garbage shall not knowingly be collected and instead Contractor will prominently tagged the Customer’s container with a notice informing the Customer of Recyclables contamination. Contractor willCustomer shall be contacted Customer and provide the opportunity to both(1) remove the contamination and have the materials collected the following collection cycle, or alternatively,(2) have the materials collected as Garbage at the regular multifamily garbage MSW rate for like size container multiplied by at .231 (equaling one weekly collection service), plus the appropriate return trip fee, as provided in aAttachment B). There shall be a 90-day grace period from the date of this contract that contamination fees shall not be applicable, but notification of contamination to the customer shall occur in accordance with the Operation Plan. The Contractor shall keep records of all contamination incidents available to customer service representatives. 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 in accordance with the Operation Plan. The Contractor shall keep records of all contamination incidents and make them available to customer service representatives and to the city upon demand. City of Kent and Republic Services Revised Contract 35 of 77 11-30-15 2.2.6.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Recycling Carts or Containers. The default Recycling Cart size shall be 96-gallons, provided that the Contractor shall offer and provide 32-or 64-gallon Recycling Carts on request to those complexes requiring either less or additional capacity than provided by the standard 96-gallon Recycling Cart. Recycling Carts shall be labeled with recycling collection requirements in accordance with Section 2.1.14.6 when distributed. Participant informational packets shall be delivered to the Multifamily Complex manager as described in Section 2.1.21. At larger Multifamily Complexes, the Contractor may use Detachable Containers for recycling collection provided that they are clearly distinguished from containers used for Garbage or Yard & Food Waste collection and are equipped with prominent City-approved identifying and instructional labels. Recycling Carts and containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer’s initial request. Multifamily Complex Recycling Carts shall be relabeled periodically in accordance with Section 2.1.14.6. 2.2.6.3 Specific Collection Requirements Multifamily Complex recycling collection shall occur weekly or more frequently, as needed, during the hours and days specified in Section 2.1.3 for Multifamily Complex collection. Collections shall be made on a regular schedule on the same day(s) of the week as garbage collection and shall be collected as close to a consistent time as possible to minimize Customer confusion. The Contractor shall collect from areas mutually agreed upon by the Contractor and Customer with the least slope and best truck access possible. Containers shall be replaced after emptying in the same location as found. When space constraints limit the provision of containers appropriately-sized for weekly collection, the Contractor shall provide more frequent collection, as necessary, of smaller containers to provide adequate capacity for the Multifamily Complex site. 2.2.7 Commercial Recycling Collection Commercial Customers subscribing to weekly garbage cart service using a cart with 96-gallon or less capacity shall be provided a 96-gallon recycling cart or smaller upon request to the Contractor at no additional cost to the Customer. The Contractor shall notify all Commercial cart Customers this option is available. Participation levels shall be reported in monthly reports. City of Kent and Republic Services Revised Contract 36 of 77 11-30-15 The Contractor may offer competitive Commercial Customer recycling services at rates negotiated between the Contractor and Commercial Customer. The City and the Contractor have entered into an agreement to provide embedded commercial recycling. Upon two hundred seventy (270) days written notice, the City may elect to shift to industrial embedded recycling collection as a Future Option. Rates and terms are subject to mutual agreement between the City and the Contractor. 2.2.7.1 Subject Materials The defined list of Commercial Recyclables shall be collected from all participating Commercial Customers as part of basic Garbage collection services, without extra charge subject to the limitations in Sections 2.2.7 and 2.2.7.3. The Contractor shall collect all Commercial Recyclables from Commercial Customers that are prepared in a manner similar to that described for Single Family Residential Recyclables in Section 2.2.2.1. In the event of contaminated materials, the Contractor shall contact the Customer with specific instructions for the Customer to prepare the rejected materials for collection service (applicable return trip fees applied) or authorization to collectauthorize collection of the material as Garbage for the regular Garbage collection fee (plus applicable return trip fee). 2.2.7.2 Containers Contractor-supplied Recycling Containers shall be used for collection of Commercial Recyclables. Recycling carts and Recycling Detachable Containers shall be distinguished from Compostables or Garbage Containers consistent with the color scheme identified in section 2.1.14.6. Contractor will replace Ccontainers shall be replaced within 24-hours of notification ifthat the container is leaking any fluid from rainwater or contamination. 2.2.7.3 Specific Collection Requirements Commercial Recyclables collection shall be provided weekly during the hours and days specified in Section 2.1.3. Collections shall be made on a regular schedule on a consistent day and as close to a consistent time as possible to minimize Customer confusion. The Contractor shall collect in alleys where practical, and on access containers off on streets where no alleys are present. Containers shall be replaced in the same location after emptying with lids closed. The contractor shall provide unlimited recycling to the commercial customers. When providing weekly Commercial Recyclables collection to a particular Customer, the Contractor shall not be required to provide Recycling Container capacity greater than 200 percent of that Customer’s weekly Garbage collection volume provide unlimited recycling for commercial customers. For example, a customer with a weekly four (4) cubic yard Garbage container would be provided up to eight (8) cubic yards of weekly Recyclables Container capacity. Any additional recycling will be charged on per yard basis as defined in aAttachment B. City of Kent and Republic Services Revised Contract 37 of 77 11-30-15 2.2.7.4 Commercial Embedded Recycling Education To educate commercial businessescustomers regarding commercial embedded recycling, the Contractor shall implement the following educational outreach plan: shall be implemented. 1. Republic services shall mMail city approved educational material to all commercial customers within the city by XX date. The educational material will include information regarding the benefits of explaining the new embedded commercial recycling program., Republic ServicesContractor will include phone and website information where commercial customers can contact us forobtain a free waste stream analysis in order to help them reduce their overall garbage costs. The information shall include rates for the service levels. 2. Utilize city approved messaging on social media (e.g. Republic Services website, City of Kent website, etc.) to explain commercial embedded recycling to commercial business within the city. All social media messages issued by Contactor must first receive prior City approval. 3. Automated outbound reminder calls will be sent to all commercial customers within the city by [XXX date] informing them of the new commercial embedded recycling program after the mailing has been sent and direct them to obtainthat more information is available on Contractor’s website either online or by calling Republic’sContractor’s customer care center. 4. For at least two full billing cycles, place a city-approved educational message will be placed on all commercial customers invoices andplus include a city-approved billing insert that will be included alert customersing them to the new commercial embedded recycling program and directing them to learn more online or by calling Republic ServicesContractor’s customer care center. 5. Conduct Iin person site visits will be conducted by Republic Services within the first thirty days of adoption of the new contract (prior to implementation). SaidThese visits will be used to educate customers on the new program and to conduct waste stream audits in order to determine the appropriate balance of GarbageMSW and Recycling services required. 6. Send a Ffinal automated outbound call will be sent to all commercial customers who will be receiving an new containers, the week prior to new container installation.implementation. 7. Conduct Waste Audits Any customers requesting a Waste Audit to help reduce theirCustomers’ solid waste bills shall receive the audit within 30 days of a Customer request for a Waste Audit. If Contractor cannot complete the Waste Audit is not able to be completed within this time Comment [PK5]: Placeholder: If Council adopts Option 3, commercial embedded recycling. Comment [PK6]: Date to be identified if Council chooses to adopt Option 3. Comment [K7]: Date to be identified if council chooses to adopt Option 3. This date will be after mailed correspondence has been sent as noted in item #1. City of Kent and Republic Services Revised Contract 38 of 77 11-30-15 frame, the customers shall not be billed new rates until such time as the Waste Audit has been completed. 2.2.8 Multifamily Complex and Commercial Customer Yard & Food Waste Collection 2.2.8.1 Subject Materials The Contractor shall provide Yard & Food Waste collection services to Multifamily Complex and Commercial Customers, provided at the rates listed in Attachment B, in accordance with the service level selected by the Customer. Contaminated or oversized Yard & Food Waste materials rejected by the Contractor shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. 2.2.8.2 Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Yard & Food Waste Carts and Detachable Containers. Upon request by the Customer, Contractor shall provide on-site cart cleaning service once per calendar year for all Yard & Food Waste Customers at no cost. Additional cleanings per year shall be provided at the rates listed in Attachment B. The Contractor shall publicize this service on its web site and on the yearly collection schedule distributed to Customers. Extra Yard Waste material that does not fit in a Yard & Food Waste Cart or Detachable Container shall be bundled, boxed, or placed in paper bags or Customer-owned 32-gallon containers. Extra Food Waste must be in Contractor- approved container. Yard & Food Waste Carts shall be delivered by the Contractor to new Multifamily Complexes or Commercial Customers within three (3) days of the Customer’s initial request. 2.2.8.3 Specific Collection Requirements Yard & Food Waste shall be collected from Multifamily Complex and Commercial Customers at the same frequency schedule for Single-family Customers. Collections shall be made on a regular schedule on the same day(s) and as close to a consistent time as possible. Yard & Food Waste in excess of the subscribed container size may be charged as “extras” in 32-gallon increments, with each extra equaling 32 gallons. The Contractor shall collect at defined Multifamily Complex or Commercial Customer container spaces. The Contractor’s crews shall make collections in an orderly and City of Kent and Republic Services Revised Contract 39 of 77 11-30-15 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. Upon two hundred seventy (270) days written notice, the City may elect to shift to commercial embedded organic collection as a Future Option. Rates and terms are subject to mutual agreement between the City and the Contractor. 2.2.9 Drop-Box Container Garbage Collection 2.2.9.1 Subject Materials The Contractor shall provide Drop-Box Container Garbage collection services to Multifamily Complex and Commercial Customers, at the rates listed in Attachment B, in accordance with the service level selected by the Customer. Garbage containing Yard Waste shall not knowingly be collected and instead the Contractor shall prominently tag the container with a notice informing the Customer that disposal of Yard Waste in Garbage is not legal within the City. Contractors knowing collection of Garbage mixed with visible Yard Waste shall be grounds for liquidated damages. The Contractor shall not be required to collect Drop-box Containers containing hazardous materials that are either restricted from disposal or that would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a prominent notice on the container listing the rejected materials, explaining why they were not collected, and providing the Customer with a contact for further information on proper disposal. If a Drop-box Container Customer persistently includes inappropriate materials in its containers, the Contractor shall photograph and otherwise document the inappropriate materials, and provide the Customer’s name and address to the City for further action. The Customer shall remain responsible for all costs associated with handling and disposal of Hazardous Materials inadvertently collected by Contractor. 2.2.9.2 Containers The Contractor shall provide containers meeting the standards described in Section 2.1.14. The Contractor will provide service for both Customer-owned and Contractor-owned Drop-box Containers, including Customer-owned compactors. City of Kent and Republic Services Revised Contract 40 of 77 11-30-15 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 8-cubic yard Detachable Containers and 10-, 20-, 30-, and 40-cubic yard Drop-boxes to Single-family Residence, Multifamily Complex, and Commercial Customers on an on-call basis. The charges for temporary Detachable Container service listed in Attachment B shall include collection and disposal. Disposal charges for temporary Drop-box Containers shall be billed in addition to the delivery, rental, and hauling rates listed in Attachment B. Delivery and rental charges shall be itemized and charged separately, at the rates listed in Attachment B. The Contractor may charge an advance deposit to be paid in advance of service 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 Revised Contract 41 of 77 11-30-15 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 approximately twenty (20) free events by September 30, 2011, throughout the City that could include, but not be limited to, City neighborhoods, events at ShoWare Center, City’s Fall and Spring Special Recycling events, City Hall, Parks & Recreation Department large events, at other community events or in retail areas around the City or at events or high pedestrian traffic areas throughout the City. The Contractor shall utilize collection vehicles for the demonstrations, which will highlight proper set out procedures including cart placement. Other program information such as enhanced Food Waste collection and increased recycling opportunities will be distributed to promote all program features. Contractor shall include workshop details in the monthly reports pursuant to Section 2.3.4.1(12). Events shall begin during the implementation phase and shall be detailed in the Implementation Plan, Attachment J. At least 10 additional events shall be held each year, subject to annual adjustment as detailed in the Operations Plan, Attachment K. 2.2.14 Semi-Annual Clean-up Weeks and Special Events An annual Fall and Spring Clean-up program will be provided to Single-family Residential Customers, twice each year. On a day agreed upon by the City and the Contractor, the Contractor shall collect additional wastes from all Single-family Residential Customers within the City Service Area. Each Single-family Residential Customer shall be allowed to place additional Garbage and Yard & Food Waste at the curb for special collection at no extra charge. Single-family Residential Customers may place up to ten (10) units (one (1) unit is equivalent to a 32-gallon can, a box, or bag) each of Garbage and Yard Waste at City of Kent and Republic Services Revised Contract 42 of 77 11-30-15 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. 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. City of Kent and Republic Services Revised Contract 43 of 77 11-30-15 Performing customer service, including promptly answering telephone calls and e- mails, providing information on services, establishing Customer accounts, and providing appropriate Customer support. Billing, receiving, posting Customer payments and deposits, and adding educational information on bills, if requested by the City. Procuring all equipment and bearing all start-up, operating, and maintenance costs for collection and processing or disposal of Garbage, Recyclables, and Yard & Food Waste, including proper safety equipment and insurance for vehicles and workers. Providing and supervising all labor to accomplish the scope of services required under this Contract, including labor to collect materials, all equipment maintenance, and Customer service functions. Operating a maintenance facility to house and service collection equipment and acquiring all necessary land use, building, operating, and business permits and licenses. Submitting all informational materials for public release to appropriate City staff for review and written approval prior to release. Complying with all applicable laws and regulations. Meeting all non-discrimination and OSHA (Federal Occupational Safety and Health Act of 1970)/WISHA (Washington Industrial Safety and Health Act of 1973) standards, and all environmental standards and regulations. Providing a safe working environment and comprehensive liability insurance coverage as set forth in Section 6.4, and providing proof of this insurance to the City annually in a form acceptable to the City. Providing a valid Contractor’s performance and payment bond in accordance with Section 6.5, and providing proof of this bond to the City annually, and securing the prior written approval of the City and surety before assigning or pledging money, or assigning, subcontracting, or delegating duties. Providing route maps to the City indicating the route locations day of week for each service. Submitting collection day changes to the City for review and approval prior to notice being provided to Customers and before the change taking place. Submitting prompt notices to the media regarding modifications to the collection schedule due to inclement weather. City of Kent and Republic Services Revised Contract 44 of 77 11-30-15 Maintaining containers, vehicles, and facilities in a clean, properly labeled, and sanitary condition. Meeting all City reporting, inspection, and review requirements. Providing outreach materials and programs, and assistance with distribution and outreach as required in this Contract. Providing operating and safety training for all personnel, including spill response training for all drivers. Notifying the City of intended changes in management not less than sixty (60) days prior to the date of change. New management shall also attend an introductory meeting scheduled by the City during the sixty (60) day notification period. Exception shall be made for termination for cause or voluntary termination, in which case the Contractor shall notify the City as soon as possible. 2.3.1.2 City’s Responsibilities Consistent with the responsibilities set forth otherwise in this Contract, the City shall be responsible for the following: Administering the overall project and issuing final approval of Contractor services and activities. Reviewing and approving Contractor compensation adjustments due to changes in County disposal fees or price indices. Directing and overseeing public education and outreach with the cooperation and assistance of the Contractor. Monitoring and evaluating collection operations with the cooperation and assistance of the Contractor. Reviewing and approving all assignment, pledging, subcontracting , or delegation of money or duties. Reviewing and approving collection days and rate changes. Reviewing and approving holiday schedule changes. Reviewing and approving all written or other informational materials used by the Contractor. Conducting performance reviews of the Contractor with the Contractor’s cooperation and assistance. Holding periodic operations meetings with the Contractor, as necessary. City of Kent and Republic Services Revised Contract 45 of 77 11-30-15 2.3.1.3 Operations Plan The Contractor shall prepare, for the City’s review and approval and by a mutually agreed date, an Operations Plan, Attachment K, that will detail the Contractor’s ongoing operations and services after the Contract Service Date. The Operations Plan may be amended, on an as-needed basis, by mutual agreement of the parties. 2.3.2 Customer Service and 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 City of Kent and Republic Services Revised Contract 46 of 77 11-30-15 commencement of new services, through the end of the fourth month after the commencement of new services, to ensure that sufficient staffing is available to minimize Customer waits and inconvenience. The Contractor shall receive no additional compensation for increased staffing levels during the transition and implementation period. Staffing levels during the mobilization, transition, and implementation period shall be subject to prior City review and approval. 2.3.2.2.2 Service Recipient Complaints and Requests The Contractor shall record all complaints and service requests, regardless of how received, including date; time; Customer’s name or City representative (if from City staff) and address (if the Customer is willing to give this information); method of transmittal; and nature, date, and manner of resolution of the complaint or service request in a computerized daily log. Any telephone calls received via the Contractor's non-office hours voice mail or answering service shall be recorded in the log the following business day. The Contractor shall make a conscientious effort to resolve all complaints within one (1) business day of the original call, e-mail, letter, or other correspondence, and service requests within the times established throughout this Contract for various service requests. If a longer response time is necessary for complaints or requests, the reason for the delay shall be noted in the log, along with a description of the Contractor’s efforts to resolve the complaint or request. The customer service log shall be available for inspection by the City, or its designated representatives, during the Contractor's office hours, and shall be in a format approved by the City. The Contractor shall provide a copy of this log in an electronic format to the City with the monthly report. 2.3.2.2.3 Handling of Customer Calls All incoming telephone calls shall be answered promptly and courteously, with an average speed of answer of less than twenty (20) seconds. No telephone calls shall be placed on hold for more than two (2) minutes, and on a monthly basis, no more than ten (10) percent of incoming telephone calls shall be placed on hold for more than twenty (20) seconds. A Customer shall be able to talk directly with a customer service representative when calling the Contractor’s customer service telephone number during office hours. An automated voice mail service or phone answering system may be used when the office is closed. 2.3.2.2.4 Corrective Measures Upon the receipt of Customer complaints in regards to busy signals or excessive delays in answering the telephone, the City may request and the Contractor shall submit a plan to the City for correcting the problem. Once the City has approved the plan, the Contractor shall have thirty (30) days to implement the corrective measures, except during the transition and implementation period, during which time the Contractor shall have one (1) week to implement corrective measures. Corrective measures shall be implemented without additional compensation to the City of Kent and Republic Services Revised Contract 47 of 77 11-30-15 Contractor. Failure to provide corrective measures shall be subject to liquidated damages or, in the alternative, termination. 2.3.2.2.5 Internet Website The Contractor shall provide a Customer-friendly Internet website accessible twenty-four (24) hours a day, seven (7) days a week, containing information specific to the City’s collection programs, including at a minimum, contact information, collection schedules, material preparation requirements, available services and options, rates, inclement weather service changes and other relevant service information for its Customers. The website shall include an e-mail function for Customer communication with the Contractor, and the ability for Customers to submit service requests on-line. E-mailed Customer service requests shall be answered within twenty-four (24) hours of receipt. The website shall offer Customers the option to pay their service bills on-line through a secured bill payment system. The website shall provide live chat on-line with 30-second response time for all Customers to enhance customer service, and shall be provided Monday through Friday, 8:00 a.m. to 6:00 p.m. The website design shall be submitted for City approval a minimum of three (3) months prior to the commencement of new services as outlined within this Contract, and continue to be subject to the City’s approval throughout the term of this Contract. The Contractor shall update the website monthly, and more often if necessary, and provide links to the City’s website. The website shall include contact information translated into a minimum of four (4) languages other than English, including Spanish, Korean, Vietnamese, and Russian. The Contractor’s website shall not include “pop-up” windows, “cookies,” adware, or spyware. 2.3.2.2.6 Full Knowledge of Programs Required The Contractor’s customer service representatives shall be fully knowledgeable of all collection services available to City Customers, including the various services available to Single-family Residence, Multifamily Complex, and Commercial Customers. For new Customers, customer service representatives shall explain all Garbage, Recycling, Yard & Food Waste collection options available depending on the sector the Customer is calling from. For existing Customers, the representatives shall explain new services and options, and resolve recycling issues, collection concerns, missed pickups, container deliveries, and other Customer concerns. Customer service representatives shall be trained to inform Customers of Garbage, Recycling, Yard & Food Waste preparation specifications. City policy questions shall be immediately forwarded to the City for response. The Contractor’s customer service representatives shall have instantaneous electronic access to customer service data and history to assist them in providing quality customer services. 2.3.3 Customer Billing Responsibilities City of Kent and Republic Services Revised Contract 48 of 77 11-30-15 The Contractor shall be responsible for all billing functions related to the collection services provided under this Contract. All Single -family Residential Customers shall be billed quarterly, and Multifamily Complex and Commercial Customers shall be billed monthly. Customers may be billed prior to receiving service, but the due date (or past due date) shall be no sooner than the last day of service provided under that billing cycle. Billing and accounting costs associated with Customer invoicing shall be borne by the Contractor, and are included in the service fees in Attachment B. The Contractor may bill Customers City-approved late payment and NSF check charges, as well as the costs of bad debt collection. 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 twentyforty 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. City of Kent and Republic Services Revised Contract 49 of 77 11-30-15 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. 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: City of Kent and Republic Services Revised Contract 50 of 77 11-30-15 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. 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. City of Kent and Republic Services Revised Contract 51 of 77 11-30-15 14. A lLog of locations of contaminated garbage, recycling or yard and food waste carts or containers shall be submitted. The log shall identify the address, and be sorted viaby the sector (single-family residential, multi-family or commercial), and include a table with monthly breakdown of the number of contaminated occurrences separated viaby sector shall be kept. 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 City of Kent and Republic Services Revised Contract 52 of 77 11-30-15 regulations regarding disclosure, including the Public Records Act, Chapter 42.56 RCW. 2.3.5 Promotion and Education The Contractor shall have primary responsibility for developing, designing, disseminating, and executing general waste reduction/recycling public education and outreach programs. Any and all materials distributed shall be reviewed and approved by the City prior to distribution. The Contractor shall have primary responsibility for providing service-oriented information and outreach to Customers and implementing on-going recycling promotion, at the direction of the City. 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, City of Kent and Republic Services Revised Contract 53 of 77 11-30-15 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. 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. City of Kent and Republic Services Revised Contract 54 of 77 11-30-15 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. 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; City of Kent and Republic Services Revised Contract 55 of 77 11-30-15 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 history information to the City to assist the City if it elects to pursue code enforcement action. 3.2 Compensation to the City The Contractor shall pay to the City a monthly administrative fee by the 15th of each month during the term of this Contract, starting in April, 2011. The administrative fee shall be based on the 2009 fee of forty-five thousand dollars ($45,000.00) per month. The administrative fee shall be adjusted in accordance with Section 3.3. A specific example of the administrative fee adjustment formula is provided in Attachment C. If Contractor fails to pay administrative fee by the due date, a penalty of ten (10) percent will be imposed. If the due date falls on a weekend or holiday, the due date is the next business day. Delinquent fees, including any penalties, are subject to an interest charge of one (1) percent per month, (twelve (12) percent per annum) on any unpaid balance from the date the fee becomes due until all past fees and penalties are paid in full. The City may, pursuant to Chapter 19.16 RCW, use a collection agency to collect outstanding debts, or may seek collection by court proceedings, which remedies shall be in addition to all other remedies. In accordance with KCC 3.18.050, these penalties, interest charges, and other remedies also apply to City utility taxes established in Section 6.14 of the Contract. In addition, the Contractor shall be responsible for payment of all applicable permits, licenses, fees, and taxes as described in Section 6.14, Permits, Licenses, and Taxes. 3.3 Compensation Adjustments 3.3.1 Annual Rate 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: City of Kent and Republic Services Revised Contract 56 of 77 11-30-15 1. The annual consumer price index for Urban Wage Earners and Clerical Workers, (CPI-W) Seattle-Tacoma-Bremerton Statistical Area, Series ID No. CWURA423SAO, or successor indices, which will have a weight of forty-two (42) percent. 2. The Energy Information Agency (EIA) annual average West Coast Retail Price Series for On-Highway Diesel Fuel (DFI)Natural Gas Transportation Sector Vehicle Fuel Price (NGVFP), not adjusted for inflation, Index No. PADD5, which will have a weight of eight (8) percent. 3. The Employment Compensation Cost Index for Private Industry (ECCI), in current dollars, not seasonally adjusted, December 2005=100, for unionized service providing industries, Series ID No. CIU201S0000000001 (B,H,), CIU201S000000510I (B,H), which will have a weight of fifty (50) percent. The base reference values for these three (3) indices will be: the published value for December 2008 2013 for the ECCI, and the 2008 2013 12-month averages for the CPI-W and DFINGVFP. 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. The rates for the Contract year beginning April 1, 2011 2015 will be the 2009-year rates listed in Attachment B, adjusted by three XXX (3X) percent as the 14-month estimated composite adjustment for index values for relative to December/Annual Average 20102013. The Inflation Adjustment Factor, for the Contract year beginning in April 1, 20122016, will be calculated by taking the weighted average, based on the weights above, of the percentage difference between the Indices’ values for December/Annual Average 20112015, and the corresponding values for December/Annual Average 201308. The weighted average percentage change of all three (3) indices will then be added to one (1.0). The corresponding index adjustment for 2010 over 2008 will be calculated based on actual 2010 index values when they are available, and any difference between that calculated value and the estimated three (3) percent assumed for rates in the Contract year beginning April 1, 2011 (above) will be added to (if positive) or subtracted from (if negative) the 2012 adjustment factor. This will be a one-time true-up adjustment. All subsequent years’ adjustments will be calculated relative to the index base reference values for December/Annual Average 20082013. 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. City of Kent and Republic Services Revised Contract 57 of 77 11-30-15 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, 20122016. 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. 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 City of Kent and Republic Services Revised Contract 58 of 77 11-30-15 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. If new City, King County, Washington State, or Federal taxes or fees are imposed, or the rates of existing taxes are changed after the execution date of this Contract, and the impact of any of the foregoing is consistently to increase or decrease the cost of furnishing services under this Contract by more than five thousand dollars ($5,000) annually, the Contractor and the City may enter into good faith negotiations to determine whether compensation adjustments are appropriate and if so, to determine the amount and the method of adjustment. Any adjustment in Contractor charges will coincide with the annual rate adjustment process described in this Section 3.3 City of Kent and Republic Services Revised Contract 59 of 77 11-30-15 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. 4.1 Liquidated Damages The Contractor may be subject to liquidated damages for the following acts or omissions if documented in either a City or Contractor incident report. The City reserves the right to make periodic, unscheduled inspection visits or use other means to determine the Contractor’s compliance with the Contract. All Liquidated Damages established in Section 4.1 of the Contract are due and payable to the City within thirty (30) calendar days from the date shown on the invoice as the “invoice date”. If the Contractor fails or neglects to pay liquidated damages within this thirty (30) day period, a penalty of ten (10) percent of the amount of those liquidated damages will be imposed. Delinquent liquidated damages, including any penalties, are also subject to an interest charge of one (1) percent per month (twelve (12) percent per annum) on any unpaid balance from the date the liquidated damages become due until all past due taxes and penalties are paid in full. The City may, pursuant to Chapter 19.16 RCW, use a collection agency to collect outstanding debts, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies. In accordance with KCC 3.18.050 these penalties, interest charges, and other remedies also apply to City utility taxes established in Section 6.14 of the Contract. City of Kent and Republic Services Revised Contract 60 of 77 11-30-15 Liquidated damages are as follows: Action or Omission Amount Collection before or after the hours/days as specified in Section 2.1.3, or collection other than regular scheduled collection day, except as expressly permitted. Three wo hundred fifty dollars ($250 $300) per truck route (each truck on each route is a separate incident). Repetition of complaints on a route after notification, including, but not limited to, failure to replace containers in designated locations, spilling, not closing gates, replacing lids, crossing planted areas, or similar violations. One Hundred Twenty-five dollars ($25 $100) per incident, not to exceed thirty (30) complaints per truck per day. Failure to collect spilled materials. Twice the cost of cleanup to the City or King County, plus Five Hundred two hundred fifty dollars ($250 $500) per incident. Leakage from Contractor vehicles or vehicle contents. Five HundredTwo hundred fifty dollars ($250 $500) per vehicle, per inspection, plus clean up costs. Collection vehicle exceeding existing street weight limits. One thousand dollars ($1,000) per incident. Failure to collect missed materials within one (1) business day after notification. TwoOne hundred and fifty dollars ($100 $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 service address within a six (6) month period. TwoOne hundred and fifty dollars ($150 $250) each occurrence. The Customer shall be credited for each missed collection during the six (6) month period. Collection as Garbage of Source- separated Recyclables or Yard & Food Waste in clearly identified containers, bags or boxes. TwoOne hundred dollars ($100 $250) per incident, up to a maximum of one thousand and five hundred dollars ($1,000 $1,500) per truck, per day. Collection of Garbage containing visible FiftyTwenty-five dollars ($25 $50) City of Kent and Republic Services Revised Contract 61 of 77 11-30-15 quantities of Yard & Food Waste. per incident. Action or Omission Amount Rejection of Garbage, Recyclables, or Yard & Food Waste without providing documentation to the Customer of the reason for rejection. FiftyTwenty-five dollars ($2550) per incident. Failure to deliver Detachable Containers to new Commercial Garbage Customers within three (3) days. One HundredFifty dollars ($50100) per container per day. Failure to deliver, pick up, or replace carts, Detachable Containers, or Drop- box Containers within three (3) days of request to Multifamily Complex or Commercial Customers requesting service after April 1, 2011. One HundredFifty dollars ($50100) per container per day. Failure to deliver, pick up, or replace Garbage, Recycling or Yard & Food Waste Carts within seven (7) days of request to Single-family Residence Customers requesting service after April 1, 2011. One HundredFifty dollars ($50100) per container per day. Failure to collect, increase, or decrease the regular collection frequency of designated City street cans, and City facilities cans, carts, containers, drop boxes within (1) one business day after notification. One hundred dollars ($100) per container per day. Material misrepresentation by Contractors in records or reporting. Five thousand dollars ($5,000) per incident. Failure to make required reports on time. Two hundred and fifty dollars ($250) per incident. Failure to comply with reporting requirements in Section 2.3.4 Two hundred and fifty dollars ($250) per incident. Failure to replace reported leaking containers within 24 hours of notice. FiveOne hundred dollars ($100500) per container/incident, up to maximum of twoone thousand dollars ($1,0002000) per inspection. Landfilling or incineration of uncontaminated loads of Recyclables or Yard & Food Waste without the express One thousand dollars ($1,000) per vehicle, per incident. City of Kent and Republic Services Revised Contract 62 of 77 11-30-15 written permission of the City. Action or Omission Amount Disposal of Recyclables or Yard & Food Waste residuals in an amount greater than five (5) percent. One thousand dollars ($1,000) per month. Failure to meet customer service ring, on-hold time performance requirements. Two hundred fifty dollars ($250) per incident. Garbage, Recycling, or Yard & Food Waste complaints made to the City that were unresolved by Contractor within one (1) business day after notification. Effective as of October 1, 2011. TwoOne hundred dollars ($100250) per unresolved complaint. Failure to deliver Garbage, Recycling or Yard & Food Waste Carts to all existing Single-family Residences on or before April 1, 2011. One thousand dollars ($1,000) per day. Failure to deliver Garbage carts, Detachable Containers, or Drop-boxes to all existing Multifamily Complex and Commercial Customers on or before April 1, 2011. One thousand dollars ($1,000) per day. Failure to include instructional and promotional materials when Garbage, Recycling, and/or Yard & Food Waste Carts are delivered. One HundredFifty dollars ($50100) per incident. The parties acknowledge the difficulty in anticipating actual damages to remedy the damage. The parties further agree that the liquidated damages listed in this Section represent a reasonable estimate of the loss likely to result from the remedy for the damage. Additionally, the parties agree that these damages reflect the parties’ best efforts to reflect the actual damages that will be incurred by these breaches, and they are not intended as a penalty. Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the Contractor that shall be considered violations or breaches of the Contract and the City reserves the right to exercise any and all remedies it may have with respect to these and other violations and breaches. The liquidated damages schedule set forth here shall not affect the City's ability to terminate this Contract as described in Section 4.2. Liquidated damages, if assessed during a given month, shall be invoiced by the City to the Contractor. Liquidated damages may be levied only if documented in an incident report. City of Kent and Republic Services Revised Contract 63 of 77 11-30-15 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, 20161, or for a period of more than five (5) consecutive days at any time during the term of this Contract. 2. The Contractor fails to obtain and maintain any permit required by the City, King County, or any federal, state, or other regulatory body in order to collect materials under this Contract. 3. The Contractor’s noncompliance creates a hazard to public health or safety. 4. The Contractor repeatedly or persistently acts or fails to act in a manner that is subject to liquidated damages in excess of twenty-five thousand dollars ($25,000.00) during any consecutive twelve (12) month period. 5. The Contractor fails to maintain, in good standing, surety and insurance required by this Contract. The City reserves the right to pursue any remedy available under law for any default by the Contractor. In the event of default, the City shall give the Contractor and Contractor’s surety ten (10) days prior written notice of its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise that does not allow ten (10) days prior written notice, the City shall immediately notify the Contractor and Contractor’s surety of its intent to exercise its rights immediately. If the Contractor or Contractor’s surety cures the stated reason within the ten (10) day notice period, or initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City may opt to not exercise its rights for the particular incident. If the Contractor or Contractor’s surety fails to cure the stated reason within the stated period, or does not undertake efforts satisfactory to the City to remedy the stated reason, then the City may, at its sole option, terminate this Contract. 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 of Kent and Republic Services Revised Contract 64 of 77 11-30-15 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 Revised Contract 65 of 77 11-30-15 5. Notices All notices required or contemplated by this Contract shall be personally served or mailed (postage prepaid and return receipt requested), addressed to the parties as follows: To City: Copy To: Tim LaPorte, P.E. Kelly Peterson Public Works Director Environmental Conservation SupervisorSpecial Projects Manager City of Kent City of Kent 220 4th Ave. S. 220 4th Ave. S. Kent, WA 98032 Kent, WA 98032 Mike Mactutis, P.E. Gina Hungerford Environmental Engineering Manager Conservation Coordinator City of Kent City of Kent 220 4th Ave. S. 220 4th Ave. S. Kent, WA 98032 Kent, WA 98032 To Contractor: Dennis ManesChris Guimond General Manager RepublicAllied Waste Services 22010 76th Ave. S. Kent, WA 98032 Alex BrennerJody Reid Division Controller RepublicAllied Waste Services 22010 76th Ave. S. Kent, WA 98032 6. General Terms 6.1 Collection Right Subject to preemptive federal or state law, and the Solid Waste Disposal Agreement between King County and the City of Kent, dated December 31, 1986, the Contractor shall be the exclusive provider with which the City shall allow the collection of Garbage, Yard & Food Waste, Recyclables, and construction/demolition debris/waste materials placed in Contractor-owned containers and set out in the regular collection locations within the City Service Area. The City shall use its best efforts to protect this right of the Contractor; however, the City shall not be obligated to join or instigate litigation to protect the right of the Contractor. City of Kent and Republic Services Revised Contract 66 of 77 11-30-15 This Contract provision will not apply to: Occasional Garbage, Recyclables, or Yard & Food Waste self-hauled by the generator; Source-Separated recyclables hauled by common or private carriers (including drop-off recycling sites); Commercial Food Waste hauled by a certified food waste hauling company; construction/demolition debris/waste transported by self-haulers or construction contractors provided that transportation is performed by such entity as an incidental adjunct to another business enterprise operated by it in good faith; or Yard Waste generated and hauled by private landscaping services. The City reserves its right to amend its KCC during the Contract period to increase or decrease the number and types of exemptions to the City’s mandatory solid waste subscription requirements. Further, the obligation to enforce this requirement and the degree of enforcement is a matter entirely within the City’s discretion. The City does not promise, warrant, or guarantee that each Customer, even though mandated to subscribe for service, will in fact subscribe and cooperate with this mandate. This Contract does not necessarily include service to the King County Housing Authority (KCHA), pursuant to RCW 35.82. However, the Housing Authority may elect, at any time during the term of the Contract, to receive collection services from the City under this Contract and the Contractor agrees that upon request by the City or KCHA, those collection services shall be governed by this Contract as long as such request remains in effect. As concerns the City, the Contractor shall have responsibility for Garbage, Recyclables, construction/demolition debris/waste, and Yard & Food Waste once these materials are placed in Contractor-owned containers and the Contractor shall have no responsibility for these materials prior to the time they are placed in Contractor-owned containers. The Contractor shall retain revenues gained from the sale of Recyclables, construction/demolition debris/waste, or Yard & Food Waste. Any tipping or acceptance fee charged for Recyclables, construction/demolition debris/waste, or Yard & Food Waste shall be the financial responsibility of the Contractor. 6.2 Access to Records The Contractor shall maintain in its local office full and complete operations, Customer, financial, and service records that, at any reasonable time, shall be open for review, inspection, copying, or audit for any reasonable purpose by the City. In addition, the Contractor shall, during the Contract term, and at least six (6) years thereafter, maintain in an office in King County reporting records and billing records pertaining to the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting the Contractor’s services provided under this Contract. Those Contractor’s accounts shall include but shall not be limited to all records, invoices, and payments under the Contract, as adjusted for additional and deleted services provided under this Contract. The City shall be allowed access to these records for audit and review purposes. City of Kent and Republic Services Revised Contract 67 of 77 11-30-15 In accordance with KCC 3.18.040, the Contractor shall keep records reflecting the amount of total gross income on its business within the City, and such records shall be retained for at least six (6) years and shall be open at all reasonable times to audit by the finance director, or his or her duly authorized representative, for verification of said tax returns and supporting records or for the filing of a tax of the Contractor who fails to make such a return. The Contractor shall make available copies of certified weight slips for Garbage, Recyclables, and Yard & Food Waste on request as soon as possible, but in any event within ten (10) business days of the request. The Contractor shall retain solid waste dump fee tickets for a period of three (3) years. The Contractor shall allow the City to interview any person and to review any evidence in the Contractor’s possession or control that may assist the City in determining whether and by what amount: (1) the Contractor is entitled to reimbursement or increased rates under the Contract; (2) the City is entitled to a reduction in rates under the Contract; or (3) the Contractor is in compliance with the Contract. 6.3 Contractor to Make Examinations The Contractor has made its own examination, investigation, and research regarding proper methods of providing the services required under this Contract, and all conditions affecting the services to be provided under this Contract, and the labor, equipment, and materials needed, and the quantity of the work to be performed. The Contractor agrees that it has satisfied itself based on its own investigation and research regarding all of these Contract conditions, that its conclusion to enter into this Contract is based upon that investigation and research, and that it shall make no claim against the City because any of the estimates, statements, or interpretations made by any officer or agent of the City may be erroneous. With the exception of Force 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. City of Kent and Republic Services Revised Contract 68 of 77 11-30-15 6.5 Performance Bond The Contractor shall provide and maintain at all times throughout this Contract, a valid Contractor’s Performance and Payment Bond or bonds, letter of credit, or other similar instrument acceptable to and approved in writing by the City in the amount of one million dollars ($1,000,000.00). The bond, letter of credit, or other similar instrument shall be issued for a period of not less than one (1) year, and the Contractor shall provide a new bond, letter of credit or similar instrument, and evidence satisfactory to the City of its renewability, no less than sixty (60) calendar days prior to the expiration of the bond, letter of credit, or other similar instrument then in effect. The City shall have the right to call the bond, letter of credit, or other similar instrument in full in the event its renewal is not confirmed prior to five (5) calendar days before its expiration. Failure to maintain this bond or other security shall constitute a breach under this Contract subject to immediate termination by the City. 6.6 Indemnification 6.6.1 Indemnify and Hold Harmless The Contractor, for itself, its employees, agents, subcontractors, and any other third-party or entity under its control, shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor’s wrongful acts or negligent performance of the Contract. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor’s part, the Contractor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Contractor’s part. The provisions of this section shall survive the expiration or termination of the Contract. City of Kent and Republic Services Revised Contract 69 of 77 11-30-15 6.6.2 Notice to Contractor; Defense In the event an action is brought against the City for which indemnity may be sought against the Contractor, the City shall promptly notify the Contractor in writing. The Contractor shall assume the investigation and defense, including the employment of counsel and the payment of all expenses. The Contractor shall, at its own cost and expense, provide qualified attorneys acceptable to the City to defend the City, its officers, employees, agents, and servants against any claim in any way connected with the events described in Section 6.6.1. The City shall fully cooperate with the Contractor in its defense of the City, including consenting to all reasonable affirmative defenses and counterclaims asserted on behalf of the City. The City may employ separate counsel and participate in the investigation and defense, but the City shall pay the fees and costs of that counsel unless the Contractor has agreed otherwise. 6.6.3 Industrial Insurance Immunity Waiver With respect to the obligations to hold harmless, indemnify, and defend provided for herein, as they relate to claims against the City, its elected officials, officers, employees, volunteers, agents, and representatives, the Contractor agrees to waive the Contractor’s immunity under industrial insurance, Title 51 RCW, for any injury, sickness, or death suffered by the Contractor’s employees that is caused by or arises out of the Contractor’s negligent exercise of rights or privileges granted by the Contract. This waiver is mutually agreed to by the parties. The foregoing waiver shall not in any way preclude the indemnifying party from raising such immunity as a defense against any claim brought against the indemnifying party by any of its employees. 6.7 Payment of Claims The Contractor agrees and covenants to pay promptly as they become due all just claims for labor, supplies and materials purchased for or furnished to the Contractor in the execution of this Contract. The Contractor shall also provide for the prompt and efficient handling of all complaints and claims arising out of the operations of the Contractor under this Contract. 6.8 Confidentiality of Information Under Washington State law, the documents (including but not limited to written, printed, graphic, electronic, photographic, or voice mail materials and/or transcriptions, recordings, or reproductions thereof) prepared in performance of this Contract (the “documents”) are public records subject to mandatory disclosure upon request by any person, unless the documents are exempted from public disclosure by a specific provision of law. If the City receives a request for inspection or copying of Contractor’s records, it shall promptly notify the Contractor at the notice address set forth in Section 5. Before disclosing any records, the City will give the Contractor at least five (5) City of Kent and Republic Services Revised Contract 70 of 77 11-30-15 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 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. City of Kent and Republic Services Revised Contract 71 of 77 11-30-15 6.10 Dispute Resolution and Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference, or claim arising from the parties’ performance of the Contract, the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties’ performance of the Contract, each party shall pay all its legal costs and attorney’s fees incurred in the defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City’s right to indemnification under Section 6.6 of this Contract. 6.11 Compliance with Law The Contractor, its officers, employees, agents, and subcontractors shall comply with all applicable federal, state, county, regional, or local laws, statutes, rules, regulations, or ordinances, including those of agencies having jurisdiction over the subject matter of this Contract, in performing its obligations under the Contract. Compliance shall include abiding by all applicable federal, state, and local policies to ensure equal employment opportunity and non-discrimination. The Contractor shall comply with all applicable laws pertaining to employment practices, employee treatment, public contracts, and public utilities authorized under Title 35A, Revised Code of Washington and its related statutes. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time-to-time must be complied with, including ergonomic and repetitive motion requirements. The Contractor must indemnify and hold harmless the City from all damages assessed for the Contractor’s failure to comply with the Acts and Standards issued therein. The Contractor is also responsible for meeting all pertinent local, state, and federal health and environmental regulations and standards applying to the operation of the collection and processing systems used in the performance of this Contract. The Contractor is specifically directed to observe all weight-related laws and regulations in the performance of these services, including axle bridging and loading requirements. In accordance with the City of Kent Identity Theft Prevention Program, established through Resolution No. 1806 (“Program”), the Contractor (see Attachment G): 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. City of Kent and Republic Services Revised Contract 72 of 77 11-30-15 Agrees to report promptly to the Program Administrator in writing if the Contractor in connection with a City-covered account detects an incident of actual or attempted Identity Theft or is unable to resolve one (1) or more Red Flags that the service provider detects in connection with a covered account. 6.12 Non-Discrimination The Contractor will not discriminate against any employee or applicant for employment because of age, race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion, race, color, sex, national origin, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to the following: employment upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, any required notices setting forth the provisions of this nondiscrimination clause. The Contractor understands and agrees that if it violates this non-discrimination provision, this Contract may be terminated by the City and further that the Contractor shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactorily to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. 6.13 Equivalent Industry Wages For work performed under this Contract, Contractor will pay its collection drivers wages and benefits generally equivalent to wages for these workers in King County. The Contractor shall be deemed in compliance with this Section if: a) it has a Union contract covering wages and benefits for Kent collection drivers, or b) it pays total compensation to its Kent collection drivers generally equivalent to the average total compensation received by collection drivers in King County. 6.14 Permits, Licenses and Taxes The Contractor and subcontractors shall secure a City business license and pay all fees and taxes levied by the City as established in the KCC. The Contractor shall 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, City of Kent and Republic Services Revised Contract 73 of 77 11-30-15 income, equipment, materials, supplies, or activities related to the Contractor’s activities under the Contract, business and occupation taxes, workers’ compensation and unemployment benefits. 6.15 Relationship of Parties The parties intend that an Independent Contractor-Employer Relationship will be created by this Contract. By their execution of this Contract, and in accordance with Ch. 51.08 RCW, the parties make the following representations: 1. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Contract. 2. The Contractor maintains and pays for its own place of business from which Contractor’s services under this Contract will be performed. 3. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor’s services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Contract. 4. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. 5. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. 6. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. 6.16 Bankruptcy It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Contract, at the option of the City, may be terminated effective on the day and at the time the bankruptcy petition is filed. 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 City of Kent and Republic Services Revised Contract 74 of 77 11-30-15 by voters. In addition, the Contractor and the City each agrees to renegotiate in good faith with respect the City in the event the City wishes to a change requested by the City regarding disposal locations, collection frequency, or with respect to the addition of new services to this Contract. change services provided under the Contract and to provide full disclosure of existing and proposed costs and operational impacts of any proposed changes. 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 the greater of either fifty thousand dollars ($50,000) annually or two and a half percent (2.5%) of gross annual revenues. Each partyContractor shall provide full disclosure of existing and proposed costs and operational impacts with respect to any changes to this Contract proposed pursuant to this Section, provided that no such disclosure shall be required as to trade secret or other confidential information offo 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 in writingen 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 City of Kent and Republic Services Revised Contract 75 of 77 11-30-15 service under the Contract. While not relieving the Contractor of obligations under the Contract, the City shall cooperate with Contractor in providing for the continuation of services in the interest of public health and safety. 6.19 Illegal Provisions At the discretion of the City, if any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. City of Kent and Republic Services Revised Contract 76 of 77 11-30-15 6.20 Waiver No waiver of any right or obligation of either party shall be effective unless in writing, specifying waiver, and executed by the party against whom the waiver is sought to be enforced. A waiver by either party of any of its rights under this Contract on any occasion shall not be a bar to the exercise of the same right on any other occasion or of any other right at any time. 6.21 Entirety This Contract and Attachments A-L, which are incorporated by this reference, represent the entire agreement of the City and the Contractor with respect to the services to be provided under this Contract. To the extent any conflicting terms or conditions exist among this Contract and its attachments, the terms and conditions of this Contract shall control. No prior written or oral statement or proposal shall alter any term or provision of this Contract. EFFECTIVE DATE: This Contract agreement will become effective on the last date entered below. CITY OF KENT CONTRACTOR By ________________________ By_____________________ Mayor Its_____________________ Date: ______________________ Date: ___________________ Attested: By_________________________ City Clerk Approved as to Form: By _________________________ City Attorney P:\Civil\Files\Open Files\1368-Garbage & Recycling RFP\AlliedContract-FinalVersion.docx City of Kent and Republic Services Revised Contract 77 of 77 11-30-15 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 I: City Approved Community Events List J: Implementation Plan K: Operations Plan L: Future Annexation Areas Comment [PK8]: Only if Commercial Embedded is adopted by Council. Agenda Item: Other Business – 8A_ TO: City Council DATE: January 5, 2016 SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments between October 1, 2015 and December 31, 2015 – Adopt SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $2,577,172. At their December 1st meeting, the Operations Committee recommended approval for adjustments totaling $2,481,824 for the following items: $1,913,924 to return B&O dollars borrowed for the 256th Street project and replace with transportation impact fees. With this transfer, the full $2.1m of B&O funding has been returned. The remaining amount not yet approved by Council is an overall increase of $567,900, including: $250,000 for additional LEOFF 1 retiree claims $54,000 for Kent Arts DIY $263,900 for IT Services billed to outside agencies and offset by revenues received from those agencies Two items totaling $95,348 were subsequently added, bringing the total budget increase to $2,577,172. Details are: $55,155 to budget an increase in Community Development Block Grant monies received $40,193 to formally budget the facilities space study contract EXHIBITS: Ordinance and Exhibit RECOMMENDED BY: Operations Committee YEA: Thomas, Ralph, Boyce NAY: BUDGET IMPACTS: Expenditures for LEOFF 1 retiree claims, Kent Arts DIY, and facilities space study are covered by existing fund balance. The remaining expenditures are funded by revenues. MOTION: Adopt Ordinance No. , approving the consolidating budget adjustments made between October 1, 2015 and December 31, 2015 reflecting an overall budget increase of $2,577,172. This page intentionally left blank. 1 2015-2016 Budget Adjustment Fourth Quarter - 2015 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, approving the consolidating budget adjustments made between October 1, 2015 and December 31, 2015, reflecting an overall budget increase of $2,577,172. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Budget Adjustments. The 2015-2016 biennial budget is amended to include budget fund adjustments for the fourth quarter of 2015 from October 1, 2015 through December 31, 2015, as summarized and set forth in Exhibit “A,” which is attached and incorporated into this ordinance. Except as amended by this ordinance, all terms and provisions of the 2015-2016 biennial budget Ordinance No. 4137, as amended by Ordinance Nos. 4149, 4168, and 4173 shall remain unchanged. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 2015-2016 Budget Adjustment Fourth Quarter - 2015 SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force five days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\Budget Adjustment Ordinance 4th Quarter 2015.docx Fund Title Previously Approved Approval Requested Total Adjustment Ordinance 110 Street Fund 956,962 956,962 120 LEOFF 1 Retiree Benefits Fund 250,000 250,000 180 CDBG/Human Services Fund 55,155 55,155 190 Other Operating Projects 54,000 54,000 310 Street Capital Projects Fund 956,962 956,962 520 Central Services Fund 263,900 263,900 540 Facilities Management Fund 40,193 40,193 Total 2,009,272 567,900 2,577,172 Exhibit A City of Kent Budget Adjustment Ordinance Adjustments October 1, 2015 to December 31, 2015 Approval Date or Other Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance Transfer TIF to 256th St 06/02/2013 956,962 956,962 Total Street Fund 956,962 - 956,962 LEOFF 1 Retiree Claims 250,000 250,000 Total LEOFF 1 Retiree Benefits Fund - 250,000 250,000 CDBG Funding Feb 2015 55,155 55,155 Total CDBG/Human Services Fund 55,155 - 55,155 Kents Arts DIY 54,000 54,000 Total Operating Projects Fund - 54,000 54,000 Return Borrowed B&O 06/02/2013 956,962 956,962 Total Street Capital Projects Fund 956,962 956,962 Acctg Change - IT billed services 263,900 263,900 Total Central Services Fund - 263,900 263,900 Facilities Space Study 06/02/2015 40,193 40,193 Total Facilities Management Fund 40,193 - 40,193 Grand Total All Funds 2,009,272 567,900 2,577,172 540 - Facilities Management Fund 520 - Central Services Fund Budget Adjustment Detail for Budget Changes October 1, 2015 to December 31, 2015 110 - Street Fund 120 - LEOFF 1 Retiree Benefits Fund 310 - Street Capital Projects 190 - Other Operating Projects Fund 180 - CDBG/Human Services Fund Agenda Item: Bids – 9A_ TO: City Council DATE: January 5, 2016 SUBJECT: Kent-Kangley Pedestrian Improvements Project – Award SUMMARY: The project consists of reconstructing 24 sidewalk ramps at 7 intersections along Kent-Kangley Road (SR 516) between SE 256th Street and 124th Avenue S. The project also includes constructing a mid-block crossing, which consists of a traffic island and rectangular rapid flashing beacon. The improvements were designed for greater pedestrian safety and mobility in this high traffic area. EXHIBITS: Memo Dated November 10, 2015 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: The project includes a federal grant in the amount of $416,200 which was awarded to the City in 2012. The match amount, of $425,000 will need to come out of a city fund source, as yet undetermined by Council. MOTION: Move to award the Kent-Kangley Pedestrian Improvements Project to R.W. Scott Construction Co. in the amount of $574,897.45 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: November 10, 2015 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Kent Kangley Pedestrian Improvements Project - Award Bid opening for this project was held on Tuesday November 10, 2015 with four (4) bids received. The lowest responsible and responsive bid was submitted by R.W. Scott Construction Co. in the amount of $574,897.45. The Engineer's estimate was $486,842.27. The Public Works Director recommends awarding this contract to R.W. Scott Construction Co. Bid Summary 01. R.W. Scott Construction Co. $574,897.45 02. Global Contractors, LLC $580,872.90 03. Road Construction Northwest, Inc. $607,760.80 04. Westwater Construction Co. $716,423.50 Engineer's Estimate $486,842.27 This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. Page 1of 6 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 01/05/16 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, January 05, 2015 The Chief Administrative Officer’s report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • Council President Dana Ralph, Council President candidate Bill Boyce, and Derek met with retreat facilitator Jim Reid on December 21 to discuss the upcoming council retreat on Friday-Saturday, February 5-6. Jim Reid is reaching out to other councilmembers by phone and has prepared a very draft agenda that he will finalize when he returns from New Zealand in late January. • Mayor Suzette Cooke and Derek met with Karras Consulting to review 118 applications for the human resources director. They chose a group of 6-7 to interview on Tuesday, January 12. • Mayor Cooke and Human Services Planner Dinah Wilson have begun to think about possible appointees to the new Cultural Communities Board, which the council created in early December. • Derek met with Assistant King County Executive Rhonda Berry and Intergovernmental Relations Manager Diane Carlson to discuss city-county collaboration, especially on Green River-related projects. They agreed we need to work together more closely and involve county administration earlier in city projects. • Please pass along any feedback on December’s new councilmember orientation to Derek. HUMAN RESOURCES • Labor, Classification & Compensation o Staff is processing through several reclassification requests from different departments. o Contract negotiations with KPOA (police) are on hold until after the New Year. The original tentative agreement with the officers and sergeant contract was voted down by the membership, more to come on that. Page 2of 6 o The Salary Survey Committee is to begin January for AFSCME Contract Negotiations, scheduled for later in 2016 o Halogen roll outs are continuing with Economic and Community Development, Finance and Information Technology departments. • Benefits o The City has engaged BMI Audit Services, LLC to conduct an employee dependent audit beginning January 19. The audit will verify the coverage eligibility of dependents enrolled in the City’s medical plans. • Recruitment o New hires for December, 2015 were Stephanie King, Human Resources Analyst in Recruitment; Chris Shock, Human Resources Analyst in Labor, Classification & Compensation; Lynette Smith, Administrative Services Supervisor, Information Technology. • Risk Management o A new Public Records lawsuit was filed against the Valley SWAT Response Team, which includes Kent. LAW • For the first time since 2008 and likely many years before that, the law department’s new approach, implemented and managed by assistant city attorney Tammy White, has successfully resolved all Local Improvement District (LID) assessments that were subject to foreclosure this year. All have paid current to date (assuming a recent check doesn’t bounce), except for one, which under the terms of a negotiated settlement agreement, has until March 21, 2016, to pay the LID account to avoid foreclosure. • On December 18, Judge Tanya Thorp continued our motion for a preliminary injunction and consolidated trial against the continued operation of Charles Lambert’s marijuana operation, South King Holistic, in violation of the city’s zoning code. The new date for the hearing is now set for February 26. Judge Thorp continued the hearing so that she and all parties would have time to respond to the lengthy briefings on file. We remain very confident that we will prevail on the substantive issue before the court. PARKS, RECREATION, AND COMMUNITY SERVICES • Housing and Human Services o Building Better Futures (BBF) convened a meeting to discuss opportunities to focus on strengthening educational outcomes for students in Kent. BBF is a non-profit that originally formed as the fundraising group for the Birch Creek Family and Youth Centers and community center at Valli Kee. City Councilmember Jim Berrios and Human Services staff attended the meeting. County staff provided details about the Best Starts for Kids Initiative including a timeline for the allocation plan. King County Housing Authority (KCHA) staff led a discussion about a new structure and possible future opportunities for the non-profit. Human Services Planner Lori Guilfoyle will be working with KCHA staff to explore possible activities of the organization and present them to the group in January. o Human Service staff participated in the Neighbor 2 Neighbor Grantee Gathering. The purpose of the gathering was to learn about the outcomes of the small grants and to identify how small grants support capacity building of smaller organizations with limited access to more traditional funding. A report of the successes and challenges Page 3of 6 faced will be issued in January. Approximately six smaller Kent organizations attended the event. Staff also participated in a special funding opportunity of the Neighbor 2 Neighbor Fund and two Kent organizations were allocated an additional $10,000 for their work. o The Road Map Race to the Top executive committee selected four community-school partnerships to advance in the Investment Fund for School - Community Partnerships process, totaling almost $1 million dollars. The Kent Education Partnership lead by Centro Rendu/Saint Vincent de Paul will receive $250,000 to support an attendance and school-based reading campaign through culturally relevant outreach and engagement in Kent School District. City of Kent staff participated in the development of the proposal and will continue working with the partnership. • Recreation o The Kent Commons Holiday Bazaar was a big success with over 1,200 visitors per day attending the annual two day event. As the largest holiday fair in the City, with over 15,000 square feet of crafts and festive activities, the event creates inviting connections for people visiting downtown. o The 33rd annual Christmas Rush Fun Run was held on Saturday, December 12 with 1,587 runners and walkers that crossed the finish line. Attendance was down approximately 150 runners/walkers from last year. There were 163 people who were registered but chose to stay in bed on the rainy day. (For the first time in 8 years, it rained on the event.) Nationwide, participation in 5k and 10k runs is down from five years ago. Those who closely follow participation trends say that a decline typically happens about every 10 years, but rebuilds quickly. Staff assistance from across the Parks Department once again made the event a success. POLICE • Staff changes - Hiring/Retirement/Recruitment/Leaves/Promotions o Promotional process for Sergeant is complete o The Chief’s Administrative Assistant II position has been filled and Ralene King will start on January 04. o An conditional offer has been extended to entry level officer Hailey Wells • Significant crime activities/arrests/investigations o At a burglary that occurred back in September at the Blue Nile Liquor Store located on Pacific Highway South, the officer that took the case had good suspect information and a video of a known suspect. The victim stated that she thinks the suspect, a former employee, may now be stalking her. Detectives are investigating. o Detectives are investigating an assault on a victim that stepped out in front of a vehicle at 203 Central Ave N and the vehicle occupants assaulted him. The victim was punched in the face with brass knuckles leaving a significant laceration to his face and broken out teeth. o Patrol handled a Child Protective Service (CPS) complaint Thursday night involving an autistic 11 year old who had a broken arm. A medical exam revealed multiple old Page 4of 6 injuries that were healing including broken ribs. The child is in CPS custody. Follow- up continues with CPS and the other kids in the house. o At the Firestarter Bar and Grill on 108th after closing Sunday morning, two adult male Asian victims were found unconscious in the parking lot. They regained consciousness and were transported to the hospital for facial/head injuries. Most witnesses had left the scene; one witness reported seeing a large fight in the parking lot. She then saw a male cock a gun. An unidentified witness claimed to have heard five gunshots. There is no suspect information at this time. o Detectives are investigating a strong arm robbery that occurred at the Fred Meyer on West Hill. A white male suspect asked to see jewelry and then snatched it out of the victim’s hand. The ring he stole was worth over $9000. The responding officer ran a vehicle plate that was parked in the lot as he pulled in that is possibly related. Another strong arm robbery occurred the next day in the parking lot of the same Fred Meyer on West Hill when an older black male suspect entered the vehicle of a victim who was parked near the store trying to fix his car. The suspect tried to start the victim’s car, then exited and ran after victim who fled towards the store. The suspect pretended to have a gun but nothing was seen. The suspect is unknown and was not located during an area search. o On December 08, units responded to the 23600 block of 266th on a recovery of a stolen vehicle. A neighbor saw the suspects leave the car and walk into a neighbor’s back yard. The suspect was arrested after a 3 hour standoff. o Patrol responded to the area of Nashville’s Sports Bar on December 10 for reports of shots being fired. They reported that the shots came from the parking lot of El Palmar. Detectives are investigating. o Detectives are investigating a theft of $44,000 from K-Mart. o Detectives are investigating the assault of two Kent corrections facilities officers. One corrections officer was kicked in the face by an inmate. The inmate was booked into the kent city jail for Assault 3. The case has been assigned to Detectives. o Officers responded to a semi vs car incident. The car had four occupants. The right front passenger (17 yo female) was transported with life threatening injuries; the back seat passenger lost a hand at the scene and was also transported and will possibly lose the rest of the arm. Driver admitted to being at street races earlier that night. A warrant was obtained for blood draw on the driver. Traffic Unit is handling the investigation. • Major emphasis patrol o Kent PD received a grant from the Washington Traffic Safety Commission to implement a program called DDACTS. It is an acronym for Data Driven Approaches to Crime and Traffic Safety. Under this program, officers work high visibility enforcement in three selected areas that have both increased incidents of crime and traffic collisions. There is also a public outreach/education component to the grant. Under this theory, people seeing more police officers in an area, coupled with the outreach, will reduce both the crime rate and collision rate. During the past two weeks, traffic officers have worked additional patrols in two of the identified DDACTS areas. A total of 26 hours were worked, 75 tickets were issued, and 51 warnings were given to violators. Page 5of 6 o Kent PD is also part of the King County Target Zero Task Force, which is currently working its identified Holiday Emphasis patrols. This is actually a statewide emphasis. On December 18, Kent PD had 5 officers out on DUI enforcement. They worked a total of 25.75 hours, wrote 40 tickets, gave 27 warnings, and arrested 2 DUI’s. PUBLIC WORKS • Operations Personnel o A job offer for a Fleet Maintenance Worker 1 position has been accepted and starts mid-January o The Maintenance Worker 3 position for Water interviews are complete, checkster process ongoing. o The Maintenance worker 1 position for Storm and Sewer has been accepted and will start at the beginning of the year. • Design o 72nd Ave S Extension will advertise for bids on January 12. o S 228th St/Union Pacific Rail Road Grade Separation has contracted HDR & GeoEngineers and the kick-off meeting was held on December 17. The Puget Sound Energy Agreement for raising the transmission lines will go to Public Works Committee on January 4. o Working on the re-design of the vaults for the James Street Pump station. o S 224th St: Hytek has accepted the City’s offer for the wetland mitigation property. Now working on SR-167 traffic control and channelization plans. Land Survey o Construction Surveying for Central Ave. South and Meeker St. Sidewalk Improvements. o Design Surveying for James St. Pump Station and Water Improvements and for the Right of Way monument database. o Professional Services for Economic and Community Development Submittal Reviews, Right of Way Determinations and Geographic Information Systems (GIS) mapping. • Construction o Traffic Control Signal System: This work is taking place in 9 locations in the downtown area during nighttime hours (7:00 PM to 4:00 AM) for the following 2-3 weeks. Flashing yellow arrows will become operational. Work is expected to be complete during the week of January 11. o Central Ave S. Pavement Preservation and Utility Improvements: Sidewalk replacement from SE 259th St. to Willis St. will conclude this week and there will be some potholing activities by utility purveyors while the contractor is off site. • Transportation o Public Works and Economic and Community Development staff is reviewing candidate projects for a Sound Transit funding package, which will go before the voters in November 2016. Comments on the candidate projects are due to Sound Transit by January 21. Page 6of 6 o The SR509 Executive and Steering Committee met December 16 to discuss the Puget Sound Gateway Program. WSDOT has set an accelerated schedule for this project and hopes to submit revised environmental documents by spring 2016. Kent staff is currently focusing on the layout for the SR 516/SR509 interchange with I-5. • Environmental: o Coordinating with King County on design issues related to the 30% design of the Lower Russell Road Levee Improvements. o Coordinating with Ecology on the response to the 300 gallon oil spill on S. 216th St. west of 84th Ave. S. o Preparing plans for the First Ave. S. Drainage Improvements which is scheduled for construction in 2016. o Finalizing a draft of the updated City of Kent Surface Water Design Manual for internal review. • Street maintenance will be patching bad areas on 76th Ave S between 228th and 212th St. Crews are prepared for any winter weather event that may arise and are filling potholes on major arterials. • Signs and Markings are removing illegally mounted signs on the east and west hills. • The vegetation group will be working on West Valley corners and Gateways in the Valley this week. They will also be removing saplings from the 277th Corridor off Green River road. • Water source and supply crews are working on the 212th filter gasket replacement and installation of the Kent Springs Universal Strut. • Mains and services staff are exercising the water valves to ensure ease of movement and cleaning access points, between SW 43rd St and 196th St. • Storm: Vactor cleaning storm systems, pumping catch basins and storm system assessment on Kent East Hill at 124th and 268th (Vactor), 208th and 114th (Catch Basins) and 200th and 116th (Storm System) • Sewer crews will be performing video inspection of the sewer mains at Central. • The warehouse is prepping for annual inventory. • The radio shop is working on the Public Announcement system relocation and setup and on the Radio Frequency Radio installs for Economic and Community Development. • Fleet Shop is servicing 14 patrol cars, 2 motorcycles and 7 traffic vehicles. Yearly inspections and repairs for Motor Pool Services. EXECUTIVE SESSION A. Collective Bargaining, as per RCW 42.30.140(4) ACTION AFTER EXECUTIVE SESSION This page intentionally left blank.