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Home My WebLink AboutAG 10-003 RETURN TO: '\ 1N EXT: ,;10-0 337 cl CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ` 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/SWR 2. ORIGINATING STAFF PERSON:ROB VAN ORSOW EXT:2770 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): o CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) o PUBLIC WORKS CONTRACT o SMALL OR LIMITED PUBLIC WORKS CONTRACT o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT o ORDINANCE ❑ RESOLUTION CONTRACT AMENDMENT(AG#):10-003#6 ❑ INTERLOCAL /❑ THER 5. PROJECT NAME: COMPREHENSIVE GARBAGE,RECYCLABLES,AND COMPOSTABLES COLLECTION AGREEMENT 6. NAME OF CONTRACTOR:WASTE MANAGEMENT OF WASHINGTON,INC. ADDRESS:720 4TH AVE.ST.400,KIRKLAND WA98033 TELEPHONE:425-823-6164 E-MAIL: FAX: SIGNATURE NAME:JASON ROSE TITLE:PRES,WM OF WA,INC. 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION o INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS CFW LICENSE#63-000001 EXP. 12/31/18 UBI#601415286,EXP.05/31/2019 8. TERM: COMMENCEMENT DATE:3/1/2010 COMPLETION DATE:8/31/2020 9. TOTAL COMPENSATION:$N/A (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: o YES ❑NO [F YES,$ PAID BY: ❑CONTRACTOR ❑CITY o PURCHASING: PLEASE CHARGE To:N/A 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED o PROJECT MANAGER o DIVISION MANAGER 9/L.(/l'8 o DEPUTY DIRECTOR DIRECTOR '47'Z-1/ 9 I ilA\a o RISK MANAGEMENT (IF APPLICABLE) LAW DEPT (Ai) a�Qtic 11. CODUNCIL APPROVAL(IF APPLICABLE) / COMMITTEE APPROVAL DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING / r� ¢. �j,J p Q „a� o SENT TO VENDOR/CONTRACTOR DATE SENT:9 a-1s1 ` O"�D DATE RECD: ��!C D�1 V 6 )g o ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS o CREATE ELECTRONIC REMINDER FOR RENEWAL DATE: N/A INITIAL/DATE SIGNED eI LAW DEPT e_ ��lLftly; `` SIGNATORY(MAYOR�R DIRECTOR) �/J�V�A%IL'► r. CITY CLERK At6 Min do ASSIGNED AG# \®"Oc:)-23 F • SIGNED COPY RETURNED 11 AT SENT: I O. Co.k t RETURN ONE ORIGINAL COMME EXECUT: ORIGINALS THIS AMEN k NT EXTENDS THE TERM OF THE ORIGINAL AGREEMENT BY 1.5 YEARS,WITH A NEW EXPIRATION DATE OF AUGUST 31,2020 AS PROVIDED FOR IN SECTION 1 OF THE AGREEMENT,AND AT THE CITY'S SOLE OPTION. THIS AMENDMENT DOES NOT ALTER ANY OTHER TERMS OR CONDITIONS OF THE AGREEMENT. CITY OF CITY HALL � FW . Federal Way eder 8th AvenueSouth Federal ay.WA 980038003 -6325 (253) 835-7000 www cityoffederalway corn AMENDMENT NO. 6 TO COMPREHENSIVE GARBAGE, RECYCLABLES, AND COMPOSTABLES COLLECTION AGREEMENT FOR EXTENSION OF CONTRACT TERM BY EIGHTEEN MONTHS This Amendment ("Amendment No. 6") is made between the City of Federal Way, a Washington municipal corporation("City"),and Waste Management of Washington,a Delaware corporation("Contractor").The City and Contractor(together"Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for Comprehensive Garbage,Recyclables,and Compostables Collection("Agreement")dated effective March 1, 2010, as amended by Amendments Nos. 1, 2, 3, 4, and 5, as follows: 1. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until August 31, 2020 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - Rev. 3/2017 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: 41 , Fe : or fep ani C urtney, C , City Clerk DATE: / eV/Q-/PIC APPROVED AS TO FORM: a407- -fat J. Ryan Call, City Attorney WAST• MANAGEME T OF WASHINGTON, INC. BY: J L._ Printed ye-: J.•.n Rose Title: President, Wase Management of Washington, Inc. DATE: O \g STATE OF WASHINGTON ) ) ss. COUNTY OF WI ) On this day personally appeared before me JQStN�OSE , to me known to be the fRcIdENt of WOc`X 11gN(UE1414t OF W1IShen �G toll INC. that executed the foregoing instrument,and acknowledged the said instrumento be the free and vo4untary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this �� day of U VEC , 20_11. �` P* E..‘%‘‘‘ "ip Notary's signature Li l (. W Wl U V ,g va%iii,,� � L /� Notary's printed name M Q N E .1A)Wf s T M "�� / Notary P blic in and for the State of Washington. ;4, • Mr. My commission expires iS o N$p vsV _ AMENDMENT - 2 - Rev. 3/2017 RETURN TO: Me ceacc EXT: 21c7( 1 Z45Z-C, CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / SWR 2. ORIGINATING STAFF PERSON: R VAN ORSOW EXT: 2770 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE CONTRACT AMENDMENT (AG #):10 -003 #5 ❑ OTHER ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: COMPREHENSIVE GARBAGE, RECYCLABLES, AND COMPOSTABLES COLLECTION AGREEMENT 6. NAME OF CONTRACTOR: WASTE MANAGEMENT OF WASHINGTON, INC. ADDRESS: 720 4TH AVE. ST. 400, KIRKLAND WA 98083 E -MAIL: SIGNATURE NAME: JOE KURKOWSKI TELEPHONE: 425—pz —lc 1(24 FAX: TITLE: VP, WM OF WA, INC. 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE #63- 000001 EXP. 12/31/15 UBI # 601415286, EXP. / / 8. TERM: COMMENCEMENT DATE: 3/1/2010 COMPLETION DATE: 2/28/2019 9. TOTAL COMPENSATION: $ N/A (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE To: 10. DOCUMENT / CONTRACT REVIEW `,ESL, - PROJECT MANAutit DIVISION MANAGER `Jf< DEPUTY DIRECTOR `C.DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) J LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING .SENT TO VENDOR/CONTRACTOR INITIAL / DATE REVIEWED l0� INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: DATE SENT: SDI 72/11 S ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS I il[i L/ DATE SIGNED XLAW DEPT ❑ CHIEF OF STAFF SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG # SIGNED COPY RETURNED RETURN ONE ORIGINAL COMMENTS: EXECUTE " 2..." ORIGINALS 11 /Ig /15 DATE REC'D: THIS AMENDMENT EXTENDS THE TERM OF THE ORIGINAL AGREEMENT BY TWO YEARS, WITH A NEW EXPIRATION DATE OF FEBRUARY 28, 2019, AS PROVIDED FOR IN SECTION 1 OF THE AGREEMENT, AND AT THE CITY'S SOLE OPTION. THIS AMENDMENT DOES NOT ALTER ANY OTHER TERMS OR CONDITIONS OF THE AGREEMENT. 1/15 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway corn AMENDMENT NO. 5 TO COMPREHENSIVE GARBAGE, RECYCLABLES, AND COMPOSTABLES COLLECTION AGREEMENT FOR EXTENSION OF CONTRACT TERM BY TWO YEARS This Amendment ( "Amendment No. 5 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Waste Management of Washington, a Washington corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Comprehensive Garbage, Recyclables, and Compostables Collection ( "Agreement ") dated effective March 1, 2010, as amended by Amendments Nos. 1, 2, 3, and 4, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until February 28, 2019 ( "Amended Term "). The Parties reserve the right to extend the Agreement an additional term pursuant to Section 1. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 6.17 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 1/2015 4.- fecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffedera/way. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Jim e11, ayor DATE: /1 -13 - / 5 WASTE MANAGEMENT OF WASHINGTON, INC. By: vtiC_ 0 Jason Rose President, Waste Mana ement of Washington, Inc. DATE: 10 \ STATE OF WASHINGTON ) ) ss. COUNTY OF r- ATTEST: APPROVED AS TO FORM: - /(City Attorney, Amy Jo Pearsall On this day personally appeared before me Jason Rose, to me known to be the President of Waste Management of Washington, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this � /-- day of (/c 9� e-- , 20 l ., *. �" i/, Notary's signature i1/ v Notary's printed name ,:-/-04,, /L7 L. off 1 Notary Public in and fore St e Washington. ,f' �wy►�, My commission expires j� 7 2O( j i Z • �` of W PSG.; AMENDMENT - 2 1/2015 RETURN TO: J -51 C x EXT: a 01 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ J wry 2. ORIGINATING STAFF PERSON: (Rob VOX\ Or EXT: (91-10 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION y CONTRACT AMENDMENT(AG#): 10--003 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: CQW\,pfee(1,5iUe Cl.rba i2e(`�Cat.b*CS (:0,moosta,101 cs CollCC,k'1Or1 Acre oc n±" 6. NAME OF CONTRACTOR: \NO5 tAanacymerrt c s i Ion ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. nn/ / 8. TERM: COMMENCEMENT DATE: art 0015 COMPLETION DATE: LsI2UI1 9. TOTAL COMPENSATION:$ (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY ❑ PURCHASING: PLEASE CHARGE To: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVI W D INITIAL/DATE APPROVED Cl PROJECT MANAGER .‘"Ic� l{�(% DIVISION MANAGER L� DEPUTY DIRECTOR si / 'S- DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 'LAW DEPT /MS *- 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: N /27/I COUNCIL APPROVAL DATE:213/15 12. CONTRACT SIGNATURE ROUTING f T I U • SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: 42-1016 ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED 3/3 • LAW DEPT G 411,� &CHIEF OF STAFF ILL .J rJEia 4/, • SIGNATORY(MAYOReR DIRECTOR) , //�7 C el CITY CLERK r/M2S—(4 II ■ ASSIGNED AG# AG# ��;U0 Al'i • SIGNED COPY RETURNED DATE SENT: t � ❑RETURN ONE ORIGINAL. COMMENTS: EXECUTE" "ORIGINALS 5ee tie ief 3/ ■7 5 ,r1�hta— l��( lv rel J 11/9 AMENDMENT NO. 4 TO COMPREHENSIVE GARBAGE,RECYCLABLES,AND COMPOSTABLES COLLECTION AGREEMENT FOR ADDING A COMPOSTABLES PROCESSING SURCHARGE TO SERVICE RATES This Amendment ("Amendment No. 4") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Waste Management of Washington, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Comprehensive Garbage, Recyclables, and Compostables Collection ("Agreement") dated effective March 1, 2010, as amended and restated on September 7, 2011 ("Amendment No. 1") and thereafter amended by Amendment No. 2, dated January 12, 2011, and the Covenant of Subcontractor to Comply with Franchise Agreement("Amendment No. 3"), dated October 3, 2014, as follows: WHEREAS, Section 6.17 of the Agreement (Right to Renegotiate/Amendment) states in part that this Agreement may be amended, altered or modified only by a written amendment, alteration or modification, executed by authorized representatives of the City and the Contractor; and WHEREAS, the Contractor's composting subcontractor ("Cedar Grove Composting") has made certain necessary additional capital and operating cost investments; and WHEREAS, the City's Agreement with its collection Contractor does not allow third party benefits nor does it allow rate modifications for commodity or Compostables value changes; and WHEREAS, the City has determined that Cedar Grove Composting's additional investments are reasonable and should be reimbursed through Customer rates; and WHEREAS, the Parties have negotiated a rate adjustment to reflect a "Contamination Sorting Fee" that Contractor, beginning on April 1, 2015, will pay to Cedar Grove Composting for the increased costs incurred by Cedar Grove Composting for processing and removing contaminants from collected Compostables; and WHEREAS, this rate adjustment is specific to Compostables only, shall be continued through the remaining term of the Agreement and any extensions, and does not anticipate or validate any potential future rate adjustments; NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein contained, the City and Contractor do hereby agree as follows: 1. ONE-TIME RATE ADJUSTMENT/SURCHARGE. The Parties agree that, commencing on April 1, 2015, a monthly Surcharge (the "Surcharge") shall be assessed on Residential, Multi-Family, and Commercial Compostables collection services by increasing the Disposal Fee component of the monthly rate listed below by No Dollars and Thirty-Five cents ($0.35)per container (or per container pickup if collection is more frequent than once per week). Page 1 of 3 This rate adjustment shall take effect on April 1, 2015, at which time the Disposal Fee portion of the following Compostables collection rates shall be adjusted as follows: Monthly 2015 Disposal Disposal Fee Monthly Fee w/o with Surcharge Surcharge Surcharge Yard/Food Waste Service Weekly 1-96 Gallon Cart(Basic Subscription Service) $0.35 $1.23 $1.58 Residential 1-64 Gallon Cart $0.35 $0.82 $1.17 Curbside 1-35 Gallon Cart $0.35 $0.45 $0.80 Service Extra 96 Gal. YD Cans/Bags(EA) $0.08 $0.23 $0.31 Extra 96 Gal. YD Cart:disposal+collection $0.35 $1.23 $1.58 Multi- Multi-Family&Commercial Organics Family& 1-96 Gallon Cart,weekly $0.35 $1.23 $1.58 Commercial 1-96 Gallon Cart,twice weekly $0.70 $2.46 $3.16 2. DISPENSATION OF SURCHARGE AND REPORT OF PAYMENT. The Parties agree that the Surcharge amounts collected under the terms of this Amendment are intended to fully compensate Cedar Grove Composting for the Contamination Sorting Fee attributable to the Compostables collected under the terms of the Agreement. The Parties acknowledge, however, that the Surcharge reflects the Parties' reasonable best efforts to allocate a tonnage-based Contamination Sorting Fee on a container-by-container basis. Beginning April 1, 2016, only upon the City's request, the Contractor shall submit to the City, a record of monthly payments made to Cedar Grove Composting for the Contamination Sorting Fee attributable to Compostables collected within the City for the preceding 12-month period. 3. TERMINATION. The Parties agree that if Cedar Grove Composting is no longer the primary processor of Compostable materials collected under the terms of this Agreement, this Amendment shall be null and void, and the monthly Disposal Fees specified in Section 1 above shall be reduced by the amount of the Surcharge; provided, however, that the Contractor shall retain all rights under Section 3.3.3. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 6.17 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the Parties of this Amendment. * * * [Signature Page Follows] Page 2 of 3 IN WITNESS,the Parties execute this Amendment below, effective the last date written below. CITY OF FEDERAL WAY WASTE MANAGEMENT OF WASHINGTON,INC. By: - < By: `� Ji f, =11, Mayor GJoe Krukowski, Vice President Date: Date: SID 6i i 5 ATTEST - &ti glif, / lerk, Stephanie Cou t ey, CMC APPROVED AS TO FORM: f City Attorney, Amy Jo Pearsall STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me JOE KRUKOWSKI, to me known to be the Vice President of Waste Management of Washington, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. � GIVEN my hand and official seal this41.( day of Februa , 20 ‘'. I 1 All Notary's signature AA" ` \\N%utii,it Notary's printed '� 01-• _7`rtl ' 104e; Notary Public in and for the State of Wa '.'gton. + My commission expires S , /c207..1 i� .,... ��; Page 3 of 3 �I/Ii,�OF NI ix ...= I WASTE MANAGEMENT OF WASHINGTON,INC. CONSENT OF THE BOARD OF DIRECTORS The undersigned,being all the Directors of Waste Management of Washington, Inc.,a Delaware corporation("the Company"),hereby consent to the adoption of the following resolution without the necessity of holding a meeting of the Board of Directors of such corporation,such resolution to have full force and effect as if adopted at a meeting of the Board of Directors of the Company duly called and held: RESOLVED,that Joseph Krukowski(Vice President),or any officer of the Company be,and hereby is authorized,following compliance with appropriate corporate policies and procedures,to execute by and on behalf of the Company any and all agreements,instruments,documents or papers,as they may deem appropriate or necessary,pertaining to,or relating to Amendment No. 4 to the City of Federal Way,Washington, Comprehensive Garbage,Recyclables,and Compostables Collection Agreement for Adding a Compostables Processing Surcharge to Service Rates,and that any such action taken to date is hereby ratified and approved. IN WITNESS WHEREOF,the undersigned have executed this consent effective this day of March,2015. / 7 r,ti:. !,, ' ' i A / / ourtney A. i,,. irecto Jason.. Rose,Direc •r Corporations: Registration Detail Page 1 of 1 WASTE MANAGEMENT OF WASHINGTON,INC UBI Number 601415286 Category REG Profit/Nonprofit Profit Active/Inactive Active State Of Incorporation DE WA Filing Date 05/19/1999 Expiration Date 05/31/2015 Inactive Date Duration Perpetual Registered Agent Information Agent Name CT CORPORATION SYSTEM Address SO5 UNION AVE SE STE120 City OLYMPIA State WA ZIP 98501 Special Address Information Address City State Zip Governing Persons Title Name Address President ROSE,JASON S 1001 FANNIN, SUITE 4000 HOUSTON,TX 77002 Vice President CARPENTER,DON 1001 FANNIN, SUITE 4000 HOUSTON,TX 77002 Vice President,Treasurer RANKIN,DEVINAA 1001 FANNIN, SUITE 4000 HOUSTON,TX 77002 Vice President,Secretary,Chairman,Director SMITH,LINDA J 1001 FANNIN, SUITE 4000 HOUSTON,TX 77002 Vice President LOCKETT,MARK A 6114 BLUEBONNET POND LN KINGWOOD,TX 77345 http://www.sos.wa.gov/corps/search_detail.aspx?ubi=601415286 3/24/2015 RETURN TO:�51. EXT : L 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT /DIV: PUBLIC WORKS / SWR 2. ORIGINATING STAFF PERSON: ROB VAN ORSOW 4. EXT: 2770 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ /CONTRACT AMENDMENT (AG #) :No -- 00'> ❑ INTERLOCAL PS OTHER: COVENANT OF SUBCONTRACTOR &ACKNOWLEDGEMENT AND CONSENT TO SUBCONTRACT S. PROJECT NAME: WASTE MANAGEMENT- SUBCONTRACTOR COVENANT 6. NAME OF CONTRACTOR ADDRESS: E -MAIL: SIGNATUREN : A -, WM �� TELEPHONE:(4a5 iSQS-�03 FAX: ��p TITLE:-'��''nIOr MC-nik 0- — 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. 8. TERM: COMMENCEMENT DATE: te�/"-- COMPLETION DATE: 1J/� 9. TOTAL COMPENSATION: $ /A (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW ❑ PROJECT MANAGER C(DIVISION MANAGER I/DEPUTY DIRECTOR C3/DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) CLAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL/ DATE REVIEWED -die( 64114 COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT ❑ CHIEF OF ST SIGNATORY MAY04 OR DIRECTOR) ❑ ITY CLERK *id ASSIGNED AG # IV/SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL/ DATE SIGNED AG# O DATE SENT: PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: COMMENTS: RYAN - SEVEN CITIES (FEDERAL WAY AUBURN TUKWILA RENTON REDMOND KIRKLAND AND BOTHELL) THAT CONTRACT WITH WASTE MANAGEMENT MET WITH WM REPRESENTATIVES TO RESOLVE THIS ISSUE ON 9/25. LAST WEEK WASTE MANAGEMENT COMPLETED THE CUSTOMER SERVICES MOVE TO ARIZONA AND THEIR SUBCONTRACTOR (WEST CORP.) WM STILL WANTS CITIES TO PROVIDE CONSENT. TWO CITIES REPORTED THEY SIGNED THE ACKNOWLEDGEMENT TODAY (KIRKLAND AND TUKWILA) THE REFERENCED CONTRACT SECTION 6.9.2 IS ATTACHED. PLEASE REVIEW AND INDICATE MARWAN HAS AUTHORITY TO SIGN (OR PROVIDE INSTRUCTIONS OTHERWISE). - N ' I WILL EMAIL YOU A SEARCHABLE PDF OF THE ENTIRE CONTRACT IF NEEDED. THANKS, ROB �nkss �"� `� Cyh,Z � � 4-- r a:AA4, -i a . wv j., wtic. COVENANT OF SUBCONTRACTOR TO COMPLY WITH FRANCHISE AGREEMENT CITY OF FEDERAL WAY WHEREAS Waste Management of Washington, Inc. ( "WMW ") has entered into that certain Comprehensive Garbage, Recyclables and Compostables Collection Agreement (the "Franchise ") with the City of Federal Way (the "City "), effective as of March 1, 2010, and as thereafter amended; WHEREAS Section 2.3.2 of the Franchise requires WMW to perform various customer service functions; WHEREAS WMW wishes to subcontract with West Business Solutions, LLC ( "Subcontractor ") to provide the following customer service functions, as more specifically described in Section 2.3.2 of the Franchise: answering customer telephone calls, informing customers of current services and charges, handling customer subscriptions and cancellations, receiving and resolving customer complaints, responding to customer billing inquiries, and dispatching or coordinating the dispatch of drop -box containers and special collections ( "Customer Service Functions "); WHEREAS Section 6.9.2 of the Franchise states that WMW shall not subcontract its responsibilities under the Franchise without the prior written approval of the City, and that the City may condition its approval of WMW's subcontracting its responsibilities upon delivery of Subcontractor's covenant to fully and faithfully complete the responsibilities undertaken pursuant to the subcontract; WHEREAS Section 6.9.2 of the Franchise also states that Subcontractor shall sign a statement whereby'it agrees to abide by all terms and conditions of the Franchise, and that the City may terminate the Franchise if the Subcontractor does not comply with the Franchise; WHEREAS by separate correspondence, WMW is seeking City's approval of WMW's subcontracting the Customer Service Functions to Subcontractor and therefore requires this Covenant as part of that request for approval; NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, Subcontractor covenants and agrees: 1. That Subcontractor has received and reviewed the Franchise, including but not limited to, the Customer Service Functions, as defined above; 2. To fully and faithfully complete the Customer Service Functions; 3. To abide by all terms and conditions of the Franchise to the extent applicable to the Customer Service Functions; and Page 1 of 2 4. This Covenant shall be effective (a) for the duration of the Franchise, including any amendments thereto, or (b) as long as Subcontractor is providing the Customer Service Functions for the Franchise under subcontract with WMW, whichever is shorter. IN WITNESS WHEREOF, the Subcontractor executes this Covenant and the undersigned represents and wan-ants that he or she has been duly authorized to enter into this Covenant on behalf of the Subcontractor. WEST BUSINESS SOLUTIONS, LLC V Name: Matt Driscoll Title: Executive Vice President Date: West Covenant re Call Center Transition - Federal Way (8119/2014) Page 2 of 2 WVFA. WASTE MANAGEMENT August 21, 2014 Mr. Marwan Salloum Public Works Director City of Federal Way 33325 8th Ave S. Federal Way, WA 98003 Dear Mr. Salloum, 2 '6 2014 PUetl fl� ,P71,1{,�fi�,R,_�KS WASTE MANAGEMENT'S 720 4`° Ave, Ste 400 Kirkland WA 98033 Waste Management recently announced plans to transition its customer service center from Oak Harbor, WA to other call centers within the WM network. Customer service will be handled by WM's Phoenix Service Center, a 500+ seat, full service call center and by West Corporation, a leading provider of technology- enabled communication services. These new locations represent the next generation in call center technology and innovation. In accordance with Section 6.9.2 of our current collection contract, we are requesting your consent to subcontract with West Corporation for customer service support. Please indicate your consent by signing in the space provided below and return this letter me via mailpost or email at your earliest convenience. Enclosed you will find the requisite proof of insurance and a covenant by West Corporation. Waste Management is excited about this new venture with West Corporation and we remain dedicated to providing superior service to the City of Federal Way. Please don't hesitate to contact Laura Moser or me should you have any questions or concerns. Sincerely, - tqd�- Mindy Rostami Senior Manager, Contract Compliance Waste Management of Washington, Inc. mrostami@wm.com 425.825.2034 Page 1 of 2 Acknowledged and agreed to by: CITY OF FEDERAL WAY r By: ( 2 �L� Name: /D Title: Date: Enclosures: Certificate of Liability, Covenant of Subcontractor cc: Laura Moser, Waste Management of Washington, Inc. Carol McNeilly, City of Federal Way Rob Van Orsow, City of Federal Way Page 2 of 2 A� °* CERTIFICATE OF LIABILITY INSURANCE (/1/2015 DA DIYYYY) 8/11/2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 5847 SAN FELIPE, SUITE 320 HOUSTON TX 77057 866 - 260 -3538 NAME: A/C Eo EXt : AIC, No)*. E -MAIL ADDRESS: IN R R AFFORDING VERA E NAI INSURER A: ACE American Insurance Company 22667 INSURED WASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED, 1300299 RELATED & SUBSIDIARY COMPANIES INCLUDING: WM OF PACIFIC NORTHWEST BC 720 4TH AVENUE SUITE 400 KIRKLAND WA 98034 INSURER B : Indemnity Insurance Co of North America 43575 INSURER C: ACE Property & Casualty Insurance Co 20699 INSURER D • 5,000,000 INSURER E DAMAGE TO RENTED PREMISES Ea occurrence INSURER F X COVERAGES WAKIRKI.A CERTIFICATE NUMBER- 13068445 REVISION NUMBER: XXXXXXX_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE -1 OCCUR XCU INCLUDED Y Y HDO G2732924A 1/1/2014 I 1/1/2015 EACH OCCURRENCE 5,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 5,000,000 X MED EXP (Any one person) YMX,- X X ISO FORM CG 00011 207 PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PECOT- FX] LOC OTHER GENERAL AGGREGATE $ 6,000,000 PRODUCTS - COMP /OP AGG $ 6,000,000 $ A AUTOMOBILE LIABILITY AUTOS NED AUTOSULED 1xx ANY AU TO NON OWNED HIREDAUTOS X AUTOS MCS -90 Q Y Y MMT H08816025 1/1/2014 1/1/2015 (CEO, ac.d.ntSINGLE LIMIT $ 1,000, 000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident $ XXXXXXX PROPERTY DAMAGE Per accident $ XXXXXXX $ XXXXXXX C X UMBRELLA LIAR EXCESS LIAR X IOCCUR CLAIMS -MADE Y Y XOO G27054961 1/1/2014 1/1/2015 EACH OCCURRENCE $ 15,000,000 AGGREGATE $ 15,000,000 DED I I RETENTION $ $XXXXXXX B A • WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICERIMEMB REXCLUD EXCLUDED? � (Myandatory in NH) describe under DESCRIPTION OF OPERATIONS below NIA Y WLR C47876357 W,C WLRC47876357 AZ, A &MA) SCF C47876369( ) 1/1/2014 1/1/2014 1/1/2014 I /l/2015 )/1/20)5 ) /l /201j X STATUTE FR E.L. EACH ACCIDENT $ 3,000,000 E.L. DISEASE - EA EMPLOYEE 3,000,000 E.L. DISEASE - POLICY LIMIT 3.000,000 • EXCESS AUTO LIABILITY Y Y XSA H08816013 1/1/2014 1/1/2015 COMBINED SINGLE LIMIT $9,000,000 (EACH ACCIDENT) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMP /EL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. 13068445 WEST BUSINESS SOLUTIONS, LLC 7171 MERCY ROAD, SUITE 250 OMAHA NE 68106 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE �i ACORD 25 (2014/01) ©1988 -2014 ACORD CORPORA_ T101Q. All rights reserved The ACORD name and logo are registered marks of ACORD RETURN TO: ��"��;�'�'�,� �. �,�� EXT: �7�; �, CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: 2. ORIGINATING STAFF PERSON: ROB VAN ORSOW EXT: 2770 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE�: � CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑� RDINANCE ❑ RESOLUTION Q C;ONTRACT AMENDMENT (AG#): 10-003 ❑ INTERLOCAL ❑ OTHER INTERAGENCYAGREEMENT 5. PROJECT NAME: CONTRACT CHANGE ORDER - STORM DEBRIS COLLECTION 6. NAME OF CONTRACTOR: WASTE MANAGEMENT OF WASHINGTON ADDRESS: 72O 4� AVER, SUITE 400, KIRKLAND WA 98033 TELEPHONE: E-MAIL: DKATTLER�Q,WM.COM F�� SIGNATURE NAME: DEAN KATTLER __ TITLE: VICE PRESIDENT 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS o PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / TERM: COMMENCEMENT DATE: 1 /27/201 COMPLETION DATE: 2/17/ZO1 TOTAL COMPENSATION: $ 40,OOQ.00 BASED ON A FLAT RATE OF $103.00 PER TON (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR C GE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES �j�O IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES G�NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CTCY ❑ PURCt-�SnvG: PLEASE CHARGE TO: 101-4400-240-542-66-??? 10. DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIVISION MANAGER ��(,�' ❑ DEPUTY DIRECTOR �l �i DIRECTOR y'� r �4 RISK MANAGEMENT (IF APPLICABLE� II� `� LAW DEPT i� INITIAL / DATE REVIEWED INITIAL / DATE APPROVED Z'1 l Z r:��v 11. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS a,( 'I,��LAW DEPT t�i SIGNATORY (MAYOR OR DIRECTOR� ❑ CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED' COPY RETURNED ❑ RETURN ONE ORIGINAL C'OMMENTS: �....,..,T.. « � u �,....,...., � INITI / DATE SIGNED Z - - C1i �' AG# DATE SENT: ' I COUNCIL APPROVAL DATE: DATE REC'D: 1/9 . i � A� � � AMENDMENT NO. �('�' CIT( HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyoffederahvay cam TO COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT FOR COLLECTION AND RECYCLING OF STORM-RELATED COMPOSTABLE DEBRIS This Amendment ("Amendment No. 3� is made between the City of Federal Way, a Washington municipal corporation ("City"), and Waste Management of Washington, a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Comprehensive Garbage, Recyclables and Compostables Collection dated ef€ective January 13, 2010, as amended by the Amended and Restated Agreement dated September 7, 2011, as follows: 1. AMENDED SERVICES. The Services or Work, as referenced by Section 2 of the Agreement, shall be amended to include, in addition to work and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit "A-3" attached hereto and incorporated by this reference ("Additional Services"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 3 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit "B-3", attached hereto and incorporated by this reference. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] ` = �s l�� `� �.�',C�d. C(�'l� 5 / �►� �-� �� i AMENDMENT - 1 - 1 /2010 . r � � • . CITY HALL 33325 8th Avenue Snuth Federal Way, WA 98003-6325 (253� 835-7a00 www cityoffederahuay c<am IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: ' Skip riest ayor DATE: � ATTEST: City Clerk, Carol McNeilly, CMC APPROVED AS TO FORM: City Attorney, Patricia A Richardson WASTE MANAGEMENT OF WASHINGTON, INC. : Dean Kattler, Vice President DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVE�1 my hand and official seal this day of 20 . Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT -2- 1/2010 CITY OF � r .�'�.., Federai CITY HALL W �� 33325 Sth Avenue South Federai Way, WA 98003-6325 {253) 835-7000 �vww crtyoffederahvny com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CtTY UF F�D�RAL WAY By: , Ski� riec�t ayor DATE: WASTE MANAGEMENT OF By: Dean Kattler, ' e Preside DATE: � a,'1, � �1 STATE ON WASHINGTON ) ) ss, CQUNTY OF � � �� ) 1NC. ATTE5T: � f i y Clerk, Carol McNeill , C C APPROVED AS TO FORM: ity Attarney, Patricia A Richardson On this day personally appeared before me �.J E'.!'�` �a'��Q-v , to me known to be the � i CQ �Qg� �' of G� 0.S'� e►vlo�hc�� Mevt.f that executed the foregoing �� '�Q. instrument, and acknowledged the said instrument to be the free and valuntary act and deed of said corporati.on, for the uses and purposes therein mentioned, and on oath sta#ed ihat he/she was authorized ta execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and afficial seal this � 1 day of � Q-K-+� �u-T , 201 Z. �� Notary's signature G�tM.c2.a � ��'��. g C. R Notary's printed name OtrtcQ S_�_ 0 1'�SO'i1 �+n �` �i N��}1� ,� Notaty Yublic in and for thc State of Washin�,�ton. S pTA,P� '�� My commission expires �g '�S "� S � _._ s � AVB1.�G a2 '�i �e ? „�:,�a� o �� WABµ_ .s` AMENDM�NT - 2 - 1/2010 . ' i + , � .. . CITY HA�L �� 33325 8th Avenue South Federal Way, WA 9$003-6325 t2�3} a��-�aao rvww c�tyoffederalway com EXHIBIT A-3 ADDITIONAL SERVICES The Contractor shall do or provide the following Additional Services in addition to services specified in previous Exhibits and the Amended and Restated Agreement: The Additional Services the Contractor shall provide is defined as city-wide collection and composting of specified storm-related Compostables, over and above limits on set-out volumes established by the Amended and Restated Agreement. The Additional services will be provided on regular Compostables collection days during the two week period from January 30 to February 3, 2012 and February 6 to February 10, 2012. The Additional Services for collection and composting will be provided to all City of Federal Way Single-Family Residences regardless of current customer status, so that Contractor will provide current Customers as well as non-customers with these Additional Services on a temporary basis. Single-Family Residences shall not be billed for the collection and recycling of any containerized or loose composta.ble materials Contractor collects as part of these Additional Services (except as would normally occur for those Customers that currently subscribe to cart-based Compostables collection service). Extra Units of Compostables shall not be tallied in order to assess fees to Single-Family Residence Customers during this two week period. Contractor shall provide these Additional Services for collection of storm-related Compostables based on the following details and specifications: • Compostables must be four feet or less in order to fit into collection trucks. The maximum diameter of branches is four inches. At Contractor's discretion, these maximums may be exceeded if manual collection and/or equipment capacity allows. • Compostables may be bundled using only compostable twine (no wire, nylon or poly twine). Containers such as spaxe 32-gallon garbage cans or kraft paper sacks may also be used by residents. Since bundles and cans are collected manually, each bundle or container is limited to a maximum of 65 pounds. • Contractor will not collect oversize debris. Oversized debris (logs, stumps, large shrubs, etc.) will be left at the curb. On a daily basis Contractor will report to the City the address of oversize debris they are unable to collect from the Right of Way. • Single-Family Residences will be instructed to place Compostables at the curb so as to be accessible by Contractor before 7 a.m. on their regular service day. Contractor will not collect Compostables placed on private property, behind fences, in driveways, etc. • Material in plastic bags not be collected or counted as part of these Additional Services. • During this two week period, there will be no �limits on quantities of set out Compostables by Single-Family Residences. These specifications will be referenced as appropriate in promoting the availability of these Additional Services by Contractor and City. AMENDMENT - 3 - 1/2010 � CITY OF '�•�.. Federal Way EXHIBIT B-3 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue Sauth Federal Way, WA 9$003-6325 (253) 835-7QQa www crtyoifederahv�y com 1. Compensation: In return for the Additional Services specified in Exhibit A-3, the City shall pay the Contractor a Unit Price of One-hundred Three and no/ 100 Dollars ($103.00) per ton of Compostables collected and recycled, for all tons above the baseline tonnage. The baseline tonnage is ineligible for this Unit Price compensation. The baseline tonnage is twenty-two tons per day (or 220 tons total) over the ten operating days in this two-week period. The total compensation for Additional Services shall be reimbursed on a per ton basis and shall not exceed Forty Thousand and no/100 Dollars ($40,000.00) during the two-week period. Contractor shall report tonnage of Compostables collected daily. The City reserves the right to truncate the two week period established by this Amendment. 2. The Unit Price (per ton) is inclusive of taxes, fees, labor, materials, tools, equipment, supplies, and incidentals required to complete all work. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount, calculated on the basis of the per ton Unit Price for compostables over the baseline tonnage (220 tons), equivalent to One-hundred Three and no/100 Dollars ($103.00) per ton. Compensation will be based on a per ton Unit Price for collected and recycled Compostables, up to $40,000.00. Estimated 388.34 tons X$103.00 per ton =$40,000.00 Method of Compensation: Contractor shall provide a statement to the City listing total tons of Compostables collected during this two-week period per this Contract, and the defined per ton Unit Price. Weight ticket information for all loads (including truck number, hour/date, and tonnage) will be tallied and included along with this statement. The baseline tonnage described above will be ineligible for compensation. AMENDMENT - 4 - 1 /2010 RETURN TO: Shawna CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM t ,� 1. ORIGINATING DEPT/DIV: PUBLIC WORKS /-��'L t�, ORIGINATING STAFF PERSON: ROB VAN ORSOW 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT o HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION Co1vTRACT A1�1•1D1vIEA1T (AG#):10-003 ❑ INTExr.oCAr. ❑ R 5. PROJECI' NAME: COMPREHENSIVE COLLECTION AGREEMENT 6. NAME OF CONTRACTOR: WASTE MANAGEME ADDRESS: �� '� �21 � SLC-(.-�i `C� �� rk�a,ncl qgo�3 TELEPHONE: E FAx: SIGNATURENAME: 1 �Q �!-1�' �'fLE: („(�„Q �(�� f 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION o INSURANCE REQUIItEMENTS/CERTIFICATE o ALL OTf�R REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / 8. TE1tM: COMMENCE1�tE1vT DATE:3/1/10 C01vIPLETION DATE2/28/17 9. TOTAL COMPENSATION: $ N/A (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CTfY EXT: 2770 ❑ PURCHASING: PLEASE CHARGE TO: lO. DOCUMENT / CONTRACT REVIEW '� PROJECT MANAGER ❑ DNISION MANAGER 0� Cb � DEPUTY DIRECTOR DIRECTOR � )� ❑ RISK MANAG ]vfF�NT (IF APPLICABLE� �r� LAW DEPT q'�� j � / �I� • � �27 , �� /,.. °/l� ,��?S�r'�I INITIAL / DATE APPROVED 11. COLINCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ID I a LAW DEPT � p(�d � SIGNATORY (�,��,��r� � � I CITY CLERK SSIGNED AG # SI D COPY RETURNED �RETURN ONE ORIGINAL COMMENTS: � � . _ �� ,/ / 1/<<_f 1T►� � 1� ^ � � � l.l � COUNCIL APPROVAL DATE: DATE REC'D: `l I PLEASE REVIEW THE DRAFT CHANGES FOR FORM AND CONTENT. PLEASE INFORM SWR STAFF OF ANY POTENTIAL ISSUES WITH PROPOSED ��tLI� �. � � � — — � �1-�- - - �a=�.�� AMENDED AND RESTATED SEPTEMBER 7, 2011 COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT City of Federal Way and Waste Management of Washington, Inc. March 1, 2010 — February 28, 2017 AMENDED AND RESTATED COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT CityService Area ..........................................................................................1 l Annexation.................................................................................................... l l Unimproved Public Streets and Private Roads .............................................13 Hours/Days of Operation ..............................................................................13 EmployeeConduct ........................................................................................13 Disabled Persons Service ..............................................................................14 Holiday Schedules ........................................................................................14 Inclement Weather and Other Service Disruptions ......................................14 Suspending Collection from Problem Customers .........................................16 Missed Collections .......................................................................................17 Same Day Collection ....................................................................................18 Requirement to Recycle and Compost .........................................................18 Routing, Notification and Approval .............................................................19 Equipment Age/Condition ............................................................................19 Container Requirements and Ownership ......................................................20 RECITALS .....................................................................................................................................6 DEFINITIONS ...............................................................................................................................6 1 . TERM OF CONTRACT .......................................................................................................11 Z. SCOPE OF WORK ...............................................................................................................11 2.1 General Collection System Requirements ...................................................................11 2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8 2.1.9 2.1.10 2.1.11 2.1.12 2.1.13 2.1.14 2.1.15 2.1.16 2.1.17 2.1.18 2.1.19 2.1.20 2.1.21� 2.1.22 2.1.23 2.1.24 2.1.15.1 2.1.15.2 2.1.15.3 2.1.15.4 2.1.15.5 2.1.15.6 2.1.15.7 TABLE OF CONTENTS Micro-Cans, Mini-Cans and Garbage Cans ................................21 Garbage, Recyclables and Compostables Carts .........................21 Detachable and Drop-Box Containers ........................................22 RecyclingCarts ...........................................................................24 Ownership...................................................................................25 Container Colors and Labeling ...................................................25 Container Weights ......................................................................26 Spillage.........................................................................................................26 PilotPrograms ..............................................................................................27 Disruption Due to Construction ....................................................................27 Contractor Planning Assistance ....................................................................28 Safeguarding Public and Private Facilities ...................................................28 Company ............................................................................................28 Transition and Implementation of Contract ..................................................28 Ongoing Coordination with City and Performance Review .........................31 Disposal Restrictions and Requirements ......................................................32 City of Federal Way 1 September 2011 Solid Waste Collection Contract 2.1.25 Direct Payment of Disposal Fees by City .....................................................33 2.1.26 Alternative Fuels: Biodiesel and Natural Gas (NG) .....................................34 2.1.27 Violation of Ordinance .................................................................................34 2.2 Collection Services ......................................................................................................35 2.2.1 Single-Family Residence Garbage Collection ..............................................35 2.2.1.1 Subject Materials ........................................................................35 2.2.1.2 Collection Containers .................................................................35 2.2.1.3 $pecific Collection Requirements ..............................................35 2.2.2 Single-Family Residence Recyclables Collection ........................................36 2.2.3 2.2.4 2.2.2.1 Subject Materials ........................................................................36 2.2.2.2 Containers ...................................................................................38 2.2.2.3 Specific Collection Requirements ..............................................38 Compostables Collection ..............................................................................39 2.2.3.1 Subject Materials ........................................................................39 2.2.3.2 Containers ...................................................................................40 2.2.3.3 Specific Collection Requirements ..............................................40 2.2.3.4 Food Scraps Collection ...............................................................41 Single Family Bulky Waste Collection ........................................................41 2.2.4.1 Subject Materials ........................................................................41 2.2.4.2 Specific Collection Requirements ..............................................42 2.2.5 Multi-Family Complex and Commercial Customer Garbage Collection.....42 2.2.5.1 Subject Materials ........................................................................42 2.2.5.2 Containers ...................................................................................42 2.2.5.3 Specific Collection Requirements ..............................................43 2.2.6 Multi-Family Complex Recyclables Collection ...........................................43 2.2.6.1 Subject Materials ........................................................................43 2.2.6.2 Containers ...................................................................................44 2.2.6.3 Specific Collection Requirements ..............................................45 2.2.6.4 Provision of Limited-Scale Recyclables Collection for Multi- FamilyCustomers .......................................................................45 2.2.6.5 Multi-Family Recycling Outreach and Incentives ......................45 2.2.7 2.2.8 Commercial Recycling Collection — Universal Cart-Based Recycling Collection Services, Other Commercial Services and Fee Cap ....................46 2.2.7.1 Subject Materials ........................................................................46 2.2.7.2 Containers ...................................................................................47 2.2.7.3 Specific Collection Requirements ..............................................47 Multi-Family Complex and Commercial Customer Compostables Collection ......................................................................................................................48 2.2.8.1 Subject Materials ........................................................................48 City of Federal Way 2 September 2011 Solid Waste Collection Contract 2.2.8.2 Containers ...................................................................................48 2.2.8.3 Specific Collection Requirements ..............................................48 2.2.9 Drop-Box Container Garbage Collection .....................................................49 2.2.9.1 Subject Materials ........................................................................49 2.2.9.2 Containers ...................................................................................49 2.2.9.3 Specific Collection Requirements ..............................................50 2.2.10 Temporary Container Customers ..................................................................50 2:2.11 Municipal Services .......................................................................................51 2.2.12 City-Sponsored Community Events .............................................................52 2.2.13 Mixed-Use Buildings .....................................................:..............................53 2.2.14 Other Solid Waste Collection Services ........................................................53 2.3 Management ................................................................................................................53 2.3.1 Responsibility of Participants .......................................................................53 2.3.1.1 Contractor's Responsibilities ......................................................53 2.3.1.2 City's Responsibilities ................................................................56 2.3.2 Customer Service and Billing .......................................................................56 2.3.2.1 Office Location ...........................................................................57 2.3.2.2 Customer Service Requirements .................................................57 2.3.2.2.1 2.3.2.2.2 2.3.2.2.3 2.3.2.2.4 2.3.2.2.5 2.3.2.2.6 Customer Service Representative Staffing ...............57 Service Recipient Complaints and Requests ............58 Handling of Customer Calls .....................................59 Corrective Measures .................................................60 Internet Website ........................................................61 Full Knowledge of Programs Required ....................61 2.3.3 Contractor's Customer Billing Responsibilities ...........................................62 2.3.4 Reporting ......................................................................................................65 2.3.4.1 Monthly Reports .........................................................................65 2.3.4.2 Annual Reports ...........................................................................66 2.3.4.3 Ad Hoc Reports ..........................................................................67 - 2.3.5 Promotion and Education .............................................................................67 2.3.6 Field Monitoring ...........................................................................................69 2.3.7 Transition to Next Contractor .......................................................................69 3 . COMPENSATION ..............................................................................................................:.69 3.1 3.2 3.3 Compensation to the Contractor ..................................................................................69 3.1.1 Ra.tes .............................................................................................................69 3.1.2 Itemization on Invoices ................................................................................70 3.1.3 Discontinuing Service for Nonpayment .......................................................70 Compensationto the City ............................................................................................70 Compensation Adjustments ...............................................................:.........................71 City of Federal Way 3 September 2011 Solid Waste Collection Contract 3.3.1 Annual Rate Adjustment ...............................................................................71 3.3.2 Disposal Fee Adjustments ............................................................................71 3.3.3 Changes in Recyclables or Compostables Processing Sites and Tipping Fees .................................................................................................. ................72 3.3.4 Other Modifications ......................................................................................72 3.4 Change in Law .............................................................................................................72 4. FAILURE TO PERFORM, REMEDIES, TERMINATION .............................................73 4.1 Performance Fees .........................................................................................................73 4.2 Contract Default ...........................................................................................................76 4.3 Availability of Collection Vehicles .............................................................................78 5 NOTICES ...............................................................................................................................78 6. GENERAL TERMS ..............................................................................................................79 6.1 Collection Right ...........................................................................................................79 6.2 Access to Records ........................................................................................................80 6.3 Contractor to Make Examinations ...............................................................................80 6 .4 Insurance ......................................................................................................................81 6.4.1 6.4.2 6.4.3 6.4.4 6.4.5 6.4.6 6.4.7 6.4.8 Minimum Scope of Insurance .......................................................................81 Minimum Amounts of Insurance ..................................................................82 Deductibles and Self-Insured Retentions .....................................................82 Other Insurance Provisions ...........................................................................82 Acceptability of Insurers ..............................................................................83 Verification of Coverage ..............................................................................83 Subcontractors..............................................................................................83 ACORDForm ...............................................................................................83 6 .5 Performance Bond .......................................................................................................84 6.6 Indemnification ............................................................................................................84 6.6.1 Indemnify and Hold Harmless ......................................................................84 6.6.2 Notice to Contractor; Defense ......................................................................84 6.6.3 Industrial Insurance Immunity Waiver .........................................................85 6.7 Payment of Claims .......................................................................................................85 6.8 Confidentiality of Information .....................................................................................85 6.9 Assignment of Contract ...............................................................................................86 6.9.1 Assignment or Pledge of Moneys by the Contractor ....................................86 6.9.2 Assignment, Subcontracting, Delegation of Duties and Change in Control 86 6.10 6.11 6.12 6.13 6.14 6.15 6.16 Laws to Govern/Venue ................................................................................................86 ComplianceWith Law .................................................................................................87 Non-Discrimination .....................................................................................................87 Permits and Licenses ...................................................................................................88 Relationship of Parties .................................................................................................88 Contractor's Relationship with Customers ..................................................................88 Bankruptcy...................................................................................................................88 City of Federal Way 4 September 2011 Solid Waste Collection Contract 6.17 Right to Renegotiate/Amendment ..........................................................:....................88 6.18 Force Majeure ..............................................................................................................89 6.19 Illegal Provisions/Severability .....................................................................................89 6.20 Waiver ..........................................................................................................................89 6.21 Entirety ..............:............................................. ............................................................ Atta.chment A: Service Area Map Attachment B: Contractor Initial Rates Attachment C: Rate Modification Example City of Federal Way 5 September 2011 Solid Waste Collection Contract This solid waste collection contract is entered into by and between the City of Federal Way, a municipal corporation of the State of Washington ("City"), and Waste Management of Washington, Inc., a Washington corporation ("Contractor") to provide for collection of Garbage, Compostables, � and Recyclables from Single-Family Residences, Multi-Family Complexes and Commercial Customers located within the City Service Area. (Each capitalized term is hereinafter defined.) The parties, in consideration of the promises, representations and warranties contained herein, agree as follows: �. RECITALS WHEREAS, the City and Contractor in 2010 entered into an agreement entitled "Comprehensive Garbage, Recyclables and Compostables Collection Agreement," the "Contract," and WHEREAS, the City and Contractor wish to amend the Contract with various modifications, including accelerating the implementation of lower-emission collection vehicles, increasing the Compostables collection frequency, and modifying the call center performance standards to reflect the Contractor's current capabilities; and WHEREAS, Section 6.17 of the Contract provides that the City and Contractor may negotiate in good faith contract amendments which may be authorized only by written modification. NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein coritained, the City and Contractor do hereby agree as follows: �� Y�Ci]�� Average Speed of Answer (ASA): Average Speed of Answer is based on the average time Customers spend in queue, starting immediately after completion of any automated front-end or screening prompts. Time in queue is considered the total on-hold time spent awaiting live customer service representative to answer, and is the basis for calculating ASA. Abandoned Call Percentage (ABA %): Abandoned Call Percentage is based on the number of Customer callers that disconnect for any reason while on-hold in queue prior to initial live customer service representative answer. Change in Control: Change in Control means any sale, merger, policy of assets, the issuance of new shares, any change in the voting rights of existing shareholders, or other change in ownership which transfers the 25% 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 a change in control. City: The word "City" means the City of Federal Way, King County, Washington. As used in the Contract, it includes the official of the City holding the office of the City Manager or her/his designated representative, such as the City's Director of Public Works. City of Federal Way 6 September 2011 Solid Waste Collection Contract City Service Area: The initial City Service Area shall be the corporate limits of the City as of March 1, 2010. 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. Compostables: The word "Compostables" means Yard Debris and Food Scraps separately or combined. Compostables Cart: The term "Compostables Cart" means a Contractor-provided 35-, 64- or 96-gallon wheeled cart provided to Compostables collection Customers for the purpose of containing and collecting Compostables. Container: The word "Container" means any , Micro-Can, Mini-Can, Cart, Detachable Container or Drop-Box Container owned and provided by the Contractor. Contractor: T'he word "Contractor" means Waste Management of Washington, Inc., which has contracted with the City to collect and dispose of Garbage and to collect, process, market and transport Recyclables and Compostables. Curb or Curbside: The words "Curb" or "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, and mutually agreed to by the City and Contractor. Customer means all users of solid waste services. 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. Extra Unit: The term "Extra Unit" means excess material which does not fit in the Customer's primary Container. In the case of Garbage Containers under one cubic yard in capacity, an Extra Unit is 32-gallons, and may be contained in either a plastic bag or Garbage Can. In the case of Containers one cubic yard or more in capacity, and Extra Unit is one cubic yard. In the case of Residential Compostables collection, an Extra Unit shall be 96-gallons. � Food Scraps: The term "Food Scraps" mean all Compostable pre- and post-consumer Food Scraps placed in a Compostables Cart, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds or egg shells, and food-soiled paper such as paper napkins, City of Federal Way 7 September 2011 Solid Waste Collectioa Contract paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other paper or biodegradable products specifically accepted by the Contractor's selected composting site. Food Scraps shall not include large dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes or other materials prohibited by the selected composting facility. The range of materials handled by the Compostables collection program may be changed from time to time upon the 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. 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 or other receptacles for collection and disposal by the Contractor. The term Garbage shall not include Hazardous Wastes, Special Wastes, Source-Separated Recyclables or Compostables. Garbage Can: The term "Garbage Can" means a City-approved Container that is a water-tight galvanized sheet-metal or sturdy plastic Container not exceeding four (4) cubic feet or thiriy-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. Garbage Cart: The term "Garbage Cart" means a Contractor-provided 20-, 35-, 64- or 96- gallon wheeled cart suitable for household deposit, storage and Curbside placement and collection of Garbage. Crarbage Carts shall be rodent and insect proof and kept in sanitary condition at all times. � Hazardous Waste: The term "Hazardous Waste" means any substance that is: A. Defined as hazardous by 40 C.F.R. Part 261 and regulated as Hazardous Waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et se4•, as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et sea•; 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. 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. City of Federal Way 8 September 2011 Solid Waste Collection Contract Micro-Can: The term "Micro-Can" means a water-tight plastic Container not exceeding ten gallons in capacity; fitted with two sturdy handles, one on each side; and fitted with a tight cover. Mini-Can: The term "Mini-Can" means a water-tight plastic Container not exceeding twenty gallons in capacity; fitted with two sturdy handles, one on each side; and fitted with a tight cover. 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. Mixed-Use Building: The term "Mixed-Use Building" means a structure inhabited by both Residential and Commercial Customers. Mu1ti-Family Complex: The term "Multi-Family Complex" means a multiple-unit Residence with multiple attached or unattached dwellings billed collectively for collection service. 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: T'he word "Recyclables" means aluminum cans; corrugated cardboard; glass Containers; Mixed Paper; motor oil, newspaper; recyclable plastic Containers that have contained non-hazardous products; polycoated or aseptic cartons; Scrap Metals and tin cans. Recycling Cart: The term "Recycling Cart" means a Contractor-provided 35-, 64- or 96-gallon wheeled cart suitable for household collection, storage and Curbside placement of Source- Separated Recyclables. Recycling Container: The term "Recycling Container" means a Contractor-provided Container suitable for on-site collection, storage and placement of Source-Separated Recyclables at Multi- Family Complexes and Commercial Customer locations. Residence/ResidenNal: The words "Residence" or "Residential" mean a living space, with a kitchen, individually rented, leased or owned. Scrap Metals: The term "Scrap Metals" means ferrous and non-ferrous metals, 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 billed for collection service individually and located on a Public Street or Private Road. City of Federal Way 9 September 2011 Solid Waste Collection Contract 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, Compostables and other materials. Special Waste: The term "Special Waste" means polychlorinated biphenyl ("PCB") wastes, industrial process wastes, asbestos containing materials, petroleum conta.minated 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. Total Service Factor Percent (TSF %) — The percentage of all Customer calls offered on a monthly basis that Contractor answered within a specified period of seconds. Yard Debris: The term "Yard Debris" means leaves, grass and clippings of woody, as well as fleshy, plants. Unflocked, undecorated holiday trees are acceptable. Materials larger than four (4) inches in diameter or four (4) feet in length are excluded. Bundles of Yard Debris up to two feet by two feet by four feet (2'x2'x4') in dimension shall be allowed and shall be secured by degradable string or twine, not nylon ar other synthetic materials. Kraft paper bags and untied reusable plastic-mesh bags may also be used to contain extra Yard Debris. Shredded Compostable Mixed Paper may be included in Compostables Carts. City of Federal Way 10 September 2011 Solid Waste Collection Contract AMENDED AND RESTATED COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT This Agreement (hereafter, "Contract") made and entered into the Thirteenth day of January 2010, by and between the City of Federal Way, a municipal corporation (hereafter, "City"), and Waste Management of Washington, Inc, a Washington corporation (hereafter, "Contractor") is hereby amended and restated September 7, 2011. 1. TERM OF CONTRACT The term of this Contract is seven years, starting March 1, 2010, and expiring February 28, 2017. The City may, at its sole option, extend the agreement for up to two (2) extensions, each of which shall not exceed two (2) years in duration. Any such extension shall be under the terms and conditions of this Contract, as 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 ninety (90) days prior to the expiration of the Contract term or the expiration of a previous extension. In the event that additional areas are annexed into the City on or before the termination of this Contract, those annexation areas shall continue to be serviced under the terms of this Contract for a seven (7) year period, starting on the date of annexation, in accordance with Section 2,1.2 of this Contract. 2. SCOPE OF WORK 2.1 General Collection System Requirements The Contractor shall collect, take title to and dispose of Garbage, Recyclables and Compostables according to the terms and conditions of this agreement; provided, that the Contractor shall not knowingly or as a result of gross negligence collect or dispose of Hazardous Waste or Special Waste as those terms are defined herein. The Contractor shall indemnify the City for any City damages cause by violation of this Section. To the extent identifiable, Customers shall remain responsible for any Hazardous Waste or Special Waste inadvertently collected and identified by Contractor. 2.1.1 City Service Area The Contractor shall provide all services pursuant to this Contract throughout the entire City Service Area. 2.1.2 Annexation If, during the term of the Contract, additional territory is added to the City through annexation or other means within which the Contractor has an City of Federal Way 11 September 2011 Solid Waste Collection Contract existing WUTC certificate or other franchise for solid waste collection at the time of annexation, the Contractor shall make collection in such annexed area �n 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. This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that their 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. T'he term during which the Contractor will service any future annexation areas shall be seven (7) years, notwithstanding the term set forth in Section 1 of this Agreement. 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, upon written notice from the City, Contractor agrees to make collections in such annexed areas in accordance with the provisions of this Contract at the unit price set forth in this Contract. The City acknowledges that equipment, such as trucks, carts and Containers, may take time to procure for distribution, and therefore, shall not penalize the Contractor for reasonable delays in the provision of services to annexed areas covered by this paragraph due to procurement delays that are not within the control of the Contractor. If a party other than the Contractor holds the WLJTC certificate for any such additional territory added to this Contract by annexation, the City will indemnify, hold harmless and defend the Contractor from any and ail claims, actions, suits, liability, loss, costs, expenses and damages, including costs and attorney fees, arising out of Contractor's service in 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 where an annexed area is being serviced with Containers different from the City's program, the Contractor shall be responsible for timely Customer notification, removal and recycling of existing Containers and delivery of appropriate Containers to those Customers. City of Federal Way 12 September 2011 SoGd Waste Collection Contract 2.1.3 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 and mutually convenient pick up location. If the Contractor believes that there is a probability of Private Road damage, the Contractor shall inform the respective Customers. Contractor may require a damage waiver agreement or decline to provide service on those Private Roads. The City shall review and approve the damage waiver form prior to its use with the Contractor's Customers. 2.1.4 Hours/Days of Operation All collections in Single-Family Residence, Multi-Family Complex and Mixed-Use Building 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 collection from Commercial Customers shall be made Monday through Saturday with the exception of Customers near areas zoned Residential, which shall be made only between the hours of 7:00 a.m. and 6:00 p.m. Exemptions may be granted in writing by the City to accommodate the special needs of Customers. City code noise restrictions, as amended from time to time, shall be applicable to collection services provided under this contract. 2.1.5 Employee Conduct The Contractor's employees collecting Garbage, Recyclables and Compostables 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 City of Federal Way 13 September 2011 Solid Waste Collection Contract under the Contract, employees shall wear a professional and presentable uniform with an identifying badge with photo and company emblem visible to the average observer. If any person employed by the Contractor to perform collection services is, in the opinion of the City, incompetent, disorderly or otherwise unsatisfactory, the City shall promptly 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 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, and related documentation shall be provided to the City. 2.1.6 Disabled Persons Service The Contractor shall offer carry-out service for Garbage, Recyclables and Compostables 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. These criteria shall comply with all local, state and federal regulations, and shall be subject to City review and approval prior to program implementation. 2.1.7 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 Compostables earlier than the regular collection da.y due to a holiday. Commercial collections may be made one day early only with the consent of the Commercial Customer. 2.1.8 Inclement Weather and Other Service Disruptions When weather conditions are such that continued operation would result in danger to the Contractor's staff, area residents or property, the Contractor shall collect only in areas that do not pose a danger. T'he Contractor shall notify the City of its collection plans and outcomes for each day that severe City of Federal Way 14 September 2011 Solid Waste Collection Contract . inclement weather is experienced as soon as practical that same business day. The Contractor shall collect Garbage, Recyclables and Compostables 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. Following notification to the City, the Contractor will be provided temporary authorization to perform collection services after 6:00 pm and/or on Saturdays following disruptions due to weather in order to finish collection routes. The Contractor shall handle weather-related service interruptions as follows: Single Family Residential Garbage Customers: Make-up collection shall occur on that Customer's service day the following week. 2. Single-Family Residential Recycling customers: Make-up collection shall occur on the Customer's next scheduled collection day. The Contractor shall provide a City-approved Recyclables drop-off opportunity to those missed Customers to accommodate excess Recyclables that exeeed the Customers' Cart capacity. The drop-off opportunity may be one or more centrally located containers or trucks convenient to the area where Customers were missed. 3. Single-Family collection shall oc day. Residential Compostables Customers: Make-up �ur on that Customer's next scheduled service 4. All other Multi-family and Commercial Services: Make-up collection shall occur on the first day (Monday through Saturday) that safe access is available, subject to the availability of collection trucks and drivers. In the event successive weather events occur on the same scheduled Single-family Residence collection day(s) two or more weeks in a row (for example, no collection service for Tuesday Customers two weeks running), make-up collection will be made on the next possible day. In these cases, the Contractor shall not wait for the regularly scheduled collection day the following week to service that area. In the event of successive service disruptions impacting entire neighborhoods, Contractor may provide temporary Residential Garbage, Compostables, and Recyclables collection City of Federal Way 15 September 2011 SoGd Waste Collection Contract sites using driver-staffed Drop-Box Containers or other suitable equipment, with no extra charge assessed for such temporary service. The Contractor and City will develop and implement a weather-related operations & communications protocol to more specifically addre�s management of service disruptions. This protocol will detail pre-event and post-event inclement weather designation and recovery plans, as well as identifying potential temporary collection sites. The inclement weather/disruption in service 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. Weather policies shall be included in program information provided to Customers. On each inclement weather day, the Contractor shall release notices to the local newspapers and radio stations (including the Seattde Times, Federal Way Mirror and KING AM, KIRO, KOMO and KUOW radio stations) and the Contractor's website notifying residents of the modification to the collection schedule. The City may specify additional media outlets for Contractor announcements at its discretion. The Contractor shall also notify The Federal Way Mirror newspaper when the duration of an inclement weather event is long enough to warrant notice in that publication. The Contractor shall also notify the Federal Way Mirror newspaper when the inclement weather lasts for four days or more and affects the collection schedule. Contractor shall use automated dialing services to inform Customers at the route level about service changes. When closure of roadways providing access or other non-weather related events beyond the Gontractor's control prevent timely collection on the scheduled day, the Contractor shall make collections on the first day that regular service to a Customer resumes, 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. Following notification to the City, the Contractor will be provided temporary authorization to perform collection services after 6:00 pm and/or on Saturdays following such disruptions in order to finish collection routes. Delayed or interrupted collections as described in this Section are not considered service failures for purposes of Section 4.1. 2.1.9 Suspending Collection from Problem Customers The City and Contractor acknowledge that, from time to time, some Customers may cause disruptions or conflicts that make continued service to that Customer unreasonable. T'hose disruptions or conflicts may include, but not be limited to, repeated damage to Contractor-owned Containers, repeated refusal to position Garbage, Recycling and Compostables Carts properly, repeated suspect claims of timely set-out � City of Federal Way 16 September 2011 Solid Waste Collection Contract followed by demands for return collection at no charge, repeated claims of Contractor damage to a Customer's property, or other such problems. The Contractor shall make every reasonable effort to provide service to those problem Customers. However, the Contractor may deny or discontinue service to a problem Customer if reasonable efforts to accommodate the Customer and to provide services fail. If the Customer submits a written letter to the City appealing the Contractor 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. 2.1.10 Missed Collections If Garbage, Recyclables or Compostables Containers are 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/or subject to performance fees due to lack of proper Customer notification. T'he failure of the Contractor to collect Garbage, Recyclables or Compostables 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 on the same day if notified by 2:00 p.m. Monday through Friday, otherwise the collection shall occur on the next business day. The Contractor shall maintain an electronic database of all missed pick-ups (whether reported by telephone call or e-mail) and Contractor shall routinely note and provide corrective action to those Customers who experience repeated missed pick-ups Such records shall be made available for inspection upon request by the City and shall be included with monthly reports unless otherwise directed by the City. 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 4:00 p.m. on Friday), the Contractor shall collect the materials that day and shall be subject to performance fees. If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor, the Contractor shall be permitted to charge the Customer an additional fee for this service (a "return trip fee" at the rate specified in Attachment B), provided the Contractor notifies the Customer of this charge in advance. City of Federal Way 1'7 September 2011 Solid Waste Collection Contract 2.1.11 Same Day Collection Garbage, Recyclables and Compostables collection shall occur on the same regularly scheduled day of the week for Single-Family Residence Customers. The collection of Garbage, Recyclables and Compostables from Multi-Family Complexes and Commercial Customers need not be scheduled on the same day. 2.1.12 Requirement to Recycle and Compost The Contractor shall recycle or compost all loads of Source-Separated Recyclables and Compostables 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. The Contractor's residuals from the overall processing operations at the facility (including both City and non-City material) shall not exceed 5%. Recyclables in residual stream shall not exceed 2% of the inbound Recyclables. If more than 2% of inbound materials are found to be contaminants, the Contractor will develop a plan to determine which Customers are adding contaminants in their Recyclables and then provide a public education program to remedy the situation. The Contractor shall process Recyclables in such a manner as to minimize out-throws and prohibitives in baled material. Out-throws shall be less than 8%, prohibitives less than 1%-2% by weight of outgoing materials. The Contractor shall remove 90% or more of the inbound contaminants for disposaL City staff shall be provided access to the Contractor's processing facilities at any time for the purposes of periodically monitoring the facilities' performance under this Section. Monitoring may include, but not limited to, taking samples of unprocessed Recyclables, breaking selected bales and measuring the out-throws and prohibitives by weight, taking samples of processed glass and metals, reviewing actual markets and use of processed materials, and other activities to ensure the Contractor's performance under this Section and to ensure that misdirected Recyclables and contamination are minimized. Obvious contaminants included with either Source-Separated Recyclables or Compostables shall not be collected, and shall be left in the Customer's Container with a prominently displayed notification tag (per Section 2.1.10) explaining the reason for rejection. City of Federal Way 18 September 2011 Solid Waste Collection Contract 2.1.13 2.1.14 Routing, Notification and Approval The Contractor shall indicate, on a detailed map acceptable to the City, the day of the week Garbage, Recyclables and Compostables shall be collected from each Single-Family Residence. The Contractor may change the day of collection by giving the City written notice including the proposed change and a list of affected accounts or groups of accounts at least thirty (30) days prior to the effective date and must obtain advance written approval from the City. On the City's approval, the Contractor shall provide affected Customers with at least fourteen (14) days written notice of pending changes of collection day. The Contract'or shall obtain the prior written approval from the City of the notice to be given to the Customer, and such approval shall not be unreasonably withheld. Equipment Age/Condition No later than December 31, 2012, all collection vehicles regularly-used by the Contractor for the performance of this Contract shall meet or exceed model year 2010 federal emission standards. The Contractor shall maintain and operate all of its vehicles to ensure continued compliance with the standards under which these vehicles were originally certified and shall not tamper with or otherwise change emissions control equipment in a way that would reduce the originally-specified performance. In meeting the requirements of this section, all collection vehicles procured by Contractor shall be powered by Natural Gas (NG). Contractor shall also be required to provide adequate NG fueling capacity at the operations yard where these regularly-used vehicles are serviced and stored. Individual diesel powered back-up collection vehicles are limited in use to less than thirty (30) operating days per calendax year and shall not be subject to the age and emission standards that apply to regularly used collection vehicles, but shall be presentable, in safe working order and shall be subject to all other conditions of this Section. The accumulated annual use by operating day of each individual back-up vehicle used by the Contractor shall be reported in the �ontractor's monthly report. As of January 1, 2013, for the remainder of this Contract term in no case shall any vehicle chassis be older than a total of ten model years from the then- current model year. All vehicles used in the performance of this Contract shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at least once each week. Vehicles shall be repainted as needed and/or at the request of the City. City of Federal Way 19 September 2011 Solid Waste Collection Contract All collection equipment shall have appropriate safety markings, including all highway lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with current statutes, rules and regulations. Equipment shall be maintained in good 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 liquid wastes (such as Garbage or Compostables leachate) or oils (lubricating, hydraulic or fuel) are discharged to Customer premises or City streets. Any equipment not meeting these standards shall not be used within the City until repairs are made. All liquid spills will be immediately cleaned to the City's and Customer's satisfaction. Unremediated spills and failure to repair vehicle leaks shall be subject to performance fees as provided in Section 4.1. All collection vehicles shall be labeled with signs on both the front and driver's side door and the rear of the vehicle which clearly indicate the vehicle inventory number. The Customer service 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 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. In addition, any vehicle regularly used in the City shall include a placard clearly visible at the rear of the vehicle. This placard will show, in lettering at least 12" high, an abbreviated truck designation number limited to two digits specific to Federal Way, for example FW-1, FW-2, or WM- O1, WM-02, etc., limited to a two digit numeral to aid in rapid identification of vehicles to allow more precise reporting and correction of any unsatisfactory condition related to specific vehicles. 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 communication equipment capable of reaching all collection areas. 2.1.15 Container Requirements and Ownership The Contractor shall procure and maintain a sufficient quantity of Containers to service the City's Customer base, including seasonal and economic variations in Container demand. Failure to have a Container available when required by a Customer shall subject the Contractor to performance fees, as provided in Section 4.1. Customers may elect to own or secure Containers from other sources, and shall not be subject to discrimination by the Contractor in collection City of Federal Way 20 September 2011 Solid Waste Collection Contract services on that account. However, Containers owned or secured by Customers must be capable of being serviced safely by the Contractor's collection vehicles to be eligible for collection. T'he Contractor shall provide labels and collection service for compatible Customer-owned Containers. The Contractor is not required to service Customer Containers that are not compatible with the Contractor's equipment. In the event of a dispute as to whether a particular Container is compatible, the City shall make a final determination. 2.1.15.1 Micro-Cans, Mini-Cans and Garbage Cans 2.1.15.2 City of Federal Way Solid Waste Collection Contract Any Customer may elect to use Customer-owned Garbage Cans or Contractor-owned Micro-Cans, Mini-Cans or Carts for Garbage collection service. In all cases, Customers will be directed to have at least one rigid Container as their primary Garbage Container. Plastic bags may be used for overflow voiumes of Garbage, but not as a Customer's primary Container. If a Customer uses their own Gaxbage Can, Contractor crews shall be expected to handle the Container in such a way as to minimize undue damage. The Contractor shall be responsible for unnecessary or unreasonable damage to Customer-owned Containers, wear and tear excepted. Many existing Customers were provided with Mini-Cans which will continue to be used and then be replaced upon request or when worn out with a twenty-gallon Garbage Cart which shall be the default container provided to Customers who request the "Mini-Can" level of service. Exceptions to provide Mini-Cans are allowed in cases where a Garbage Cart does not meet a Customer's requirements. Garbage, Recyclables and Compostables Carts The Contractor shall provide Micro-Cans, Mini-Cans, and 35-, 64- and 96-gallon Garbage Carts for the respective level of Garbage collection; 35-, 64- or 96-gallon Recyclables Carts; and 35, 64- and 96-gallon Compostables Carts. All Carts shall be manufactured from a minimum of 10 percent (10%) post- consumer recycled plastic, with a lid that will accommodate a Contractor affixed instructional label. Carts shall be provided to requesting Customers within seven (7) days of the Customer's initial request. Failure to do so will result in performance fees as provided in Section 4.1. All wheeled cart manufacturers, styles and colors shall be approved in writing by the City prior to the Contractor ordering a cart inventory. 21 September 2011 All Carts must have materials preparation instructions and telephone and website contact information that visually depicts allowed and prohibited materials suitable for the designated Cart either screened or printed on a sticker affixed to the lid. 2.1.15.3 City of Federal Way Solid Waste Collection Contract All Contractor-owned wheeled carts shall: be maintained by the Contractor in good condition to allow material storage, handling, and collection; contain no jagged edges or holes; be equipped with functional 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 be labeled with 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 or burn). Contractor personnel shall note any damaged hinges, holes, poorly functioning wheels and other similar repair needs on Contractor-owned carts (including those for Garbage, Recycling and Composta.bles) and forward repair notices to the Contractor's service personnel. Cart repairs shall then be made within seven (7) days at the Contractor's expense. Any Cart that is damaged or missing on account of accident, act of nature or the elements, fire, or theft or vandalism by other members of the public shall be replaced no later than seven (7) business days after notice from the Customer or City. Replacement Carts may be new or used and reconditioned, and all Carts shall be clean and appear presentable when delivered. Unusable carts shall be retrieved by Contractor, cleaned (if necessary) and recycled to the extent possible. In the event that a particular Customer repeatedly damages a Cart or requests more than one replacement Cart during the term of the Contract due solely to that Customer's 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, on the City's prior approval and/or may charge the Customer a City-approved Cart destruction fee no greater than half of the current new Cart replacement cost. Detachable and Drop-Box Containers T'he Contractor shall furnish, deliver, and properly locate 1-, 1.5-, 2-, 3-, 4-, 6- and 8-cubic yard Detachable Containers, and 10-, 20-, 30- or 40-cubic yard uncompacted Drop-Box 22 September 2011 Containers to any Customer who requires their use for storage and collection of Garbage, Recyclables or Compostables 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. Containers shall not be placed by Contractor, or kept for use by Customer, in any City Public Street. Any Container located in any City Public Street at any time is at the Contractor's risk and not the City's. Any Container located in City Public Right of Way is in violation of this section, and shall immediately be removed upon request by the City. Detachable Containers shall be: watertight and equipped with tight-fitting metal or plastic covers, which covers shall be closed by Contractor after every service; have four (4) wheels for Containers 2-cubic yards and under; be in good condition for Garbage, Recyclables or Compostables 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 functional winch system that is maintained in good repair. Each type of Detachable Container (i.e. Recyclables, Compostables or Garbage) shall be painted a color consistent with the program it is used for, subject to the requirements of Section 2.1.15.6, with color changes subject to the City's prior written approval. Containers shall be repainted as needed, or upon notification from the City. Detachable Containers shall be cleaned, reconditioned and repainted (if necessary) before being initially supplied, or returned after repair or reconditioning, to any Customer. 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. Containers on Customers' premises are at the Contractor's risk and not the City's. The Contractor shall repair or replace within twenty-four (24) hows any Conta.iner that was supplied by the Contractor if the City or a Health Department inspector determines that the Container fails to comply with reasonable standards or in any way constitutes or contributes to a health or safety hazaxd. Customers may elect to own, or self-provide, Containers from other sources, and shall not be subject to discrimination by the Contractor in collection services on that account. However, City of Federal Way 23 September 2011 Solid Waste Collection Contract any Containers owned or self-provided by Customers must be compatible with Contractor's standard front load or Drop-Box Container collection vehicles. The Contractor is not required to empty or service Customer Containers that present a safety hazard or that are not compatible with the Contractor's equipment. 2.1.15.4 City of Federal Way Solid Waste Collection Contract In the event that a particular Customer repeatedly damages a Container due to that Customer's 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, tlie Contractor may discontinue service to that Customer, on the City's prior approvaL Recycling Carts The Contractor shall provide Recycling Carts to new Customers within the City Service Area, including new Residences and annexation areas, as well as replacement Carts to existing Customers who request them because of loss, theft or damage. Carts shall be provided within seven (7) days of a Customer request. All distributed Recycling Carts 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 that visually depict allowed and prohibited materials suitable for the designated Cart either screened or printed on a sticker affixed to the lid, along with telephone and website contact information. All Recycling Carts shall be provided at the Contractor's sole expense. The Contractor shall provide 35- or 64-gallon Recycling Carts on request to those residents requiring less capacity than provided by the default 96-gallon Recycling Cart. In the event that a Customer intentionally damages or misuses their Recycling Cart, the Contractor may discontinue recycling service to that Customer, on the City's prior approval and/or may charge the Customer a City-approved Cart destruction fee no greater than half of the current new Cart replacement cost. 24 September 2011 2.1.15.5 2.1.15.6 City of Federal Way Solid Waste Collection Contract Ownership On the termination of this Contract for any reason, all Contractor-supplied Garbage Carts, Recycling _ Carts and Compostables Carts purchased or obta.ined by the Contractor in performance of this contract, shall, at the option of the City, revert to City ownership without further compensation to the Contractor. Upon written notice, the City may elect to assign this ownership option to a third party. 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 Contractor's Containers are purchased or assigned, the sale price shall equal fifty percent (50%) of the average new price for each Container, based on the average price from three (3) manufacturers at the time of the termination. For the purposes of this transaction, the average prices shall include transportation from the manufacturer to the Contractor's closest service yard, b�tt shall exclude sales or use taxes. Container Colors and Labeling New and replacement Contractor-provided Recycling Carts shall be blue, Compostables Carts shall be grey, and Garbage Carts shall be green. Detachable Containers used for Garbage shall be green and all Detachable Containers used for Recyclables shall be blue starting June 1, 2010 for Multi- Family Customers and August 31, 2010 for all Commercial Customers. 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. Specific Container colors shall be approved by the City prior to the Contractor's order of new Containers. All Containers shall be labeled with up-to-date instructional information and contact information prior to delivery, including both a customer service phone number and a website address. All label designs shall be approved by the City prior to ordering by the Contractor. The generic location of label(s) 25 September 2011 on the Containers shall be subject to the City's prior approval. Labels shall be replaced by the Contractor at no additional charge when faded, damaged, out-of-date, or upon City or Customer request. The City and Contractor may agree in writing to alternative relabeling procedures to provide better customer information and take advantages of improvements in labeling technology and equipment. 2.1.15.7 Container Weights Micro-Cans shall not exceed twenty 20 pounds, Mini-Cans and 20-gallon Garbage Carts shall not exceed forty 40 pounds and Garbage Cans shall not exceed sixty (60) pounds in weight. Cart weights shall not exceed sixty (60) pounds for the 35- gallon size, one hundred-twenty (120) pounds for the 64-gallon size and one hundred-eighty (180) pounds for the 96-gallon size. No specific weight restrictions are provided for Detachable Containers, however, the Contractor shall not be required to lift or remove materials from a Detachable Container exceeding the safe working capacity of the collection vehicle. The combined weight of Drop-Box and contents must not cause the collection vehicle to exceed legal road weights. 2.1.16 Spillage All loads collected by the Contractor shall be completely contained in collection vehicles at all times, except when material is actually being loaded. Hoppers and tippers on all collection vehicles shall be operated so as to prevent any blowing or spillage of materials. Any blowing or spillage of materials either caused by Contractor or that occurs during collection shall be immediately cleaned up by the Contractor at Contractor's expense. Prior to any collection vehicle leaving a collection route and/or operating on any roads with a speed limit higher than 25 miles per hour, Contractor shall completely close any collection vehicle openings where materials may blow out, and thoroughly inspect for and contain any collected materials inadvertently spilled on top of the collection vehicle to prevent release or littering this material. Spillage not immediately cleaned up shall be cause for performance fees, as described in Section 4.1. All vehicles used in the performance of this Contract shall be required to carry regularly-maintained and fully-fiznctional 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 any spillage or release of wind-blown materials, litter, or leaks of Contractor vehicle City of Federal Way 26 September 2011 Solid Waste Collection Contract fluids or 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. Prior to operating any vehicle in the City, all Contractor vehicle drivers shall be provided with hands-on training on the location, maintenance, and use of spill kits and associated containment and notification procedures. Such training shall be provided to all vehicle drivers at least annually. 2.1.17 2.1.18 All Drop-Box loads (both open and compactor) shall be properly and thoroughly covered or tarped to prevent any spillage of material prior to Contractor vehicle entering any Private Road or Public Street. Pilot Programs The City may wish to test and/or implement one or more changes to waste stream segregation, materials processing or collection technology, promotion of services, or collection frequency at some point during the term of the Contract. 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 intentions to utilize a new technology system on a City- wide basis. The costs (or savings) accrued by any City-initiated pilot programs shall be negotiated prior to City-wide implementation. The Contractor shall coordinate with the City and participate fully in the design, roll-out, operation and troubleshooting of such pilot programs. 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 negotiations prior to City-wide implementation at the City's request. Contractor-initiated surveys are allowed of businesses and/or Residences to gather information about generic service preferences or to access pilot program options or outcomes, provided that all related data and analysis is shared with the City. Disruption Due to Construction The City reserves the right to construct any improvement or to permit any such construction in any street or alley in such manner as the City may direct, which may have the effect 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 Compostables to the same extent as though no interference existed upon the streets or alleys normally traversed. This City of Federal Way 27 September 2011 Solid Waste Collection Contract collection shall be done at no extra expense to the City or the Contractor's Customers. 2.1.19 2.1.20 2.1.21 2.1.22 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 or their representatives. 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 Compostables removal areas and their location upon the site of the proposed construction or remodeling project. Contractor planning a�sistance for optimizing loading docks, enclosures, compactor equipment, and other similar structures or areas shall also be available for existing Customers when adjusting Garbage, Recyclables and Compostables services. Contractor planning assistance shall be provided within two working days. Safeguarding Public and Private Facilities The Contractor shall be obligated to protect all public and private improvements, facilities and utilities whether located on public or private property, including street Curbs. If such improvements, facilities, utilities or Curbs are damaged and such damage is primarily attributable to the Contractor's operations, the Contractor shall notify the City immediately in writing of all damage, and the Contractor shall 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 and become the responsibility of the Contractor. Company Name T'he Contractor shall not use a firm name containing any words implying municipal ownership without prior written permission from the City. Transition and Implementation of Contract The Contractor shall work with the City to design and distribute promotional materials to Customers throughout the City. This information is designed to provide information about the City's programs (and any service changes) and to inspire interest from the community in actively participating in the programs. The Contractor shall, at its expense, provide the following: (1) Single Family Residential Customers. City of Federal Way 28 September 2011 Solid Waste Collection Contract a. By February 15, 2010 the Contractor shall mail a letter and a brochure describing the City's services and new rates to all Residential Customers in the City. Specific emphasis shall be placed on the City's Compostables collection program. This brochure shall also include waste reduction information and alternatives for hard-to-recycle materials. (2) Commercial Customers. a. By March 30, 2010 the Contractor shall have visited all Commercial Customers in the City to provide information on the City's new commercial recycling program and to audit current and potential service levels. Auditors shall provide information on the City's new "no-charge" single stream cart-based recycling program and cost savings associated with the program. Food waste composting, larger commercial recycling Container and CFL recycling options shall also be discussed during these visits. b. All participating Commercial Customers shall be provided with brochures and posters about proper recycling techniques. c. By March 30, 2010 the Cantractor shall have delivered properly labeled blue Recycling Carts to all Commercial Customers interested in single stream recycling. The Contractor shall then provide the City with a complete list of businesses and addresses visited, noting which ones received Recycling Carts and/or Recycling Detachable Containers as a result of the Contractor's visit. d. By August 31, 2010 all green Recycling Carts and Recycling Detachable Containers shall be replaced with blue Recycling Carts or Recycling Detachable Containers. e. In accordance with Section 2.3.5., before the last day of January each year, the Contractor shall provide the City with a complete listing in an approved electronic format of all Commercial Customers and Multi-Family Complex Customers, including business name, contact name, address, Garbage and recycling service volume and frequency and any other pertinent information that may assist the City in targeting additional City- initiated outreach. (3) Multi-Family Customers. � City of Federal Way Solid Waste Collection Contract Site Visits. By April 30, 2010, the Contractor shall have visited each Multi-Family Complex in the City. Additionally, the 29 September 2U11 Contractor shall work with the City to ensure communication with each complex by April 30�' of each year of the contract. This might be through a mailing or on-site visit, with up to 10% of complexes provided with on-site visits each year. The Contractor shall provide information about the City's recycling programs and shall work to obtain/distribute contact information for ongoing/follow-up visits. During these site visits, the Contractor shall: i. Audit service levels and provide information on potential cost savings associated with increased recycling. ii. Ensure that all Recycling and Garbage Carts and Detachable Cantainers are labeled correctly. iii. Arrange for the replacement of any green Recycling Carts or Detachable Containers with blue Recycling Carts or Detachable Containers by May 30, 2010. iv. Provide recycling related posters and brochures for Multi-Family Complexes. v. Update or establish contact information for ongoing communication. vi. Provide the City with a report of the outcomes from these site visits. b. Recycling Champions. Contractor shall work with property managers at Multi-Family Complexes across the City to identify recycling "champions" in multi-family buildings to monitor recycling and waste collection activities, provide ongoing education to tenants, and communicate with the property manager about any key issues. Contractor shall coordinate with City staff and consultants to provide the technical support, materials, and resources they need to create and maintain successful recycling programs in their buildings. c. Public Education. By March 1, 2010, WM shall develop specific public education materials for Multi-Family Complexes. This information shall be delivered during site audits and mailed to managers, as appropria�e. (4) City Wide. At a date in April 2010 to be determined by the Contractor and the City, Cvntractor shall organize and implement a City "Block Party" to highlight to the City's programs. Publicity shall include a mailer, advertising in the Federa.l Way City of Federal Way 30 September 2011 Solid Waste Collection Contract Mirror, and promotion in WM invoices and on the wmnorthwest.com website. (5) Other. a. Additional staffing shall be provided for Contractor Customer service lines to accommodate Customer questions, Residential service level shifting requests, and Commercial Customer Container orders during the transition period. b. The Contractor shall implement and provide the City with the new Commercial Recycling fee schedule (for Customers subscribing to service volume above two Recycling Carts) to conform to the Fee Cap specified in Section 2.2.7 by March 1, 2010. c. By March 1 2010, the Contractor shall provide a detailed analysis of current level of compliance with "Evergreen Fleets" and current fleet equipment age, condition, fuel type, and emissions control compliance to allow the City to assess and track Contractor progress toward achieving equipment requirements as specified in Section 2.1.14 and 2.1.26. d. Provide for City review the initial draft Annual Service Updates in accordance with Section 2.3.5 before September 1, 2010. The above dates may be shifted earlier upon permission of the City, provided that Customers receive new Containers in a way to minimize confusion. All Container decals, cart imprints and materials provided by the Contractor to Customers shall be reviewed and approved by the City in advance of production or distribution. 2.1.23 Ongoing Coordination with City and Performance Review The Contractor's supervisory staff shall be available to meet with the City at the City's offices on request as well as on a monthly schedule to discuss and resolve operational and Contract issues. The City may, at its option, conduct periodic performance reviews of the Contractor's performance under 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 Contractor's route and Customer service data, billing information, safety records, equipment, facilities and other applicable items. The City's scope of review under this City of Federal Way 31 September 2011 Solid Waste Collection Contract provision is intended to focus on analysis of the Contractor's performance and Contract compliance. The results of the performance review shall be presented to the Contractor and a plan for addressing any deficiencies shall be provided to the City within two (2) weeks of the Contractor's receipt of the review. The Contractor shall analyze and correct in good faith any deficiencies found in its performance under this Contract, including broader implementation of corrections that extend beyond the limited data or scope of a performance review to bring Contractor into more complete Contract compliance. The Contractor's corrective plan shall address all identified deficiencies and include a timeline for corrective actions. T'he Contractor's corrective plan shall be subject to review and approval by the City. Upon approval of the plan, the Contractor shall implement and sustain actions that correct deficiencies. Failure to complete correction of deficiencies as outlined in the plan and/or failure to initiate good faith corrective actions within thiriy (30) days shall constitute a failure to perform subject to performance fees as defined in 4.1. Further, the City, at its sole option, may then provide the Contractor with six (6) months notice of contract termination. The Contractor shall continually monitor and evaluate all operations to ensure compliance with this Contract. At the request of the City, the Contractor shall report its own findings from internal monthly performance measures for collection, customer service and maintenance functions. The City shall determine which of the Contractor internal performance management measures are relevant to addressing any particular deficiencies and the Contractor shall continue to report those measures until notified in writing by the City. In addition, Contractor personnel involved in the collection of Compostables and/or Recyclables shall be required to attend a minimum of two (2) trainings per year to allow City and Contractor representatives to present highlights of promotional and service initiatives, while providing personnel an opportunity to offer feedback or suggest improvements based on their ovcm observations. 2.1.24 Disposal Restrictions and Requirements All Garbage collected under this Contract, as well as residues from processing Recyclables and Campostables, shall be delivered to the King County Disposal System, unless otherwise directed in writing by the City. Garbage containing obvious amounts of Yard Debris shall not knowingly be collected and instead prominently tagged with a notice informing the Customer that King County does not accept Yard Debris mixed with Garbage for collection. Contractor's knowing collection of Garbage mixed City of Federal Way 32 ' September 2011 Solid Waste Collection Contract with visible Yard Debris shall be grounds for performance fees as provided in Section 4.1. 2.1.25 The Contractor shall not be required to collect hazardous materials that are eifher restricted from disposal or would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a written notice with the rejected materials listing why they were not collected and providing the Customer with a contact for further information about proper disposal options. The Customer shall remain responsible for all costs associated with handling and disposal of hazardous materials inadvertently collected by Contractor. Garbage 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 Garbage to a private processing facility, the Contractor shall charge the Customer no more than the equivalent Garbage disposal fee at a King County Disposal System transfer station and shall charge hauling fees no higher than provided for rn Attachment B. Direct Payment of Disposal Fees by City Upon 180 days written directly to King County. Contractor sha1L (1) Ensure that Garbage routes serving City Customers handle only City Garbage and not Garbage from Customers in other jurisdictions; (2) Properly train and supervise its collection crews to properly use City disposal cards at County facilities, and to reconcile loads delivered by Contractor's crews with the disposal invoice provided by King County (3) Track and report disposal quantities by route and average Container weights by Container size each month; (4) Formalize a separate billing agent addendum to this Contract which details the financial and legal relationship between the Contractor (billing agent) and the City (client), including how receivables are handled and how the City handles disbursement to the Contractor and the County; notice, the City may elect to pay disposal fees If the City elects to pay disposal fees directly, the (5) Reduce its overall compensation by; (a) the amount of the disposal fee plus 1.5% (excise tax), based on the unit weights listed in the then current Attachment B of this Contract and (b) an overall reduction in City of Federal Way 33 September 2011 Solid Waste Collection Contract current service component fees initially equal to $275,0000 and adjusted annually in accordance with Section 3.1 of this Contract; and 2.1.26 (6) Participate in a City funded and managed Container weight study to be conducted no more than once every three years of the Contract, the results of which will be used to update the disposal fee components listed in Attachment B of this Contract. If the City elects to pay disposal directly, the City shall release the Contractor from financial responsibility for disposal payments for City Garbage, provided that the Garbage has been collected only from applicable City Customers in accordance with this Contract. Alternative Fuels: Biodiesel and Natural Gas (NG) The Contractor shall use 5% sustainable-rated biodiesel fuel in its diesel vehicles used in the performance of this Contract. , The Contractor may request permission from the City to temporarily or permanently discontinue biodiesel use if the Contractor is unable to reasonably obtain biodiesel or has continued unresolvable operating problems directly related to the use of biodiesel. 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. The Contractor shall maintain all vehicles used in Federal Way in a manner intended to achieve reduced emissions and particulates, noise levels, operating costs, and fuel use. By December 31, 2013, the Contractor's entire fleet used in Federal Way shall meet certification criteria esta.blished via the Puget Sound Clean Air Agency Evergreen Fleets Program. Contractor shall provide documentation of this certification annually. Natural Gas (NG) vehicles shall replace diesel vehicles to the extent practicaL Upon request, the Contractor shall provide documentation andlor provide access for verification that its fleet meets the requirements of this section. 2.1.27 Violation of Ordinance The Contractor shall report in writing immediately to the City any observed violation of the City's ordinances providing for and regulating the Containerization, collection, removal and disposal of Garbage, Recyclables and Compostables. City of Federal Way 34 September 2011 So6d Waste Collection Contract 2.2 Collection Services 2.2.1 Single-Family Residence Garbage Collection 2.2.1.1 2.2.1.2 2.2.1.3 City of Federal Way Solid Waste Collection Contract Subject Materials The Contractor shall collect all Garbage placed Curbside for disposal by Single-Family Residence Customers in and adjacent to Micro-Cans, Mini-Cans, Garbage Cans or plastic bags (for Extra Units) and/or Contractor-owned Garbage Carts. The Contractor shall offer carry-out service to disabled Customers at no charge (per Section 2.1.6) and to all other Customers for the appropriate service level rate, plus the carry- out surcharge, in accordance with Attachment B. If a Customer is either eligible for, or subscribes to, carry-out service, carry-out service shall be provided for all three collection streams (Garbage, Recyclables, and/or Compostables) without duplicate surcharges. Collection Containers The Customer's primary Container must be a Micro-Can, Mini-Can, Garbage Can or Garbage Cart. Plastic bags may only be used for Extra Units, not as the Customer's primary Container. Micro-Can, Mini-Can and Cart rental fees shall be embedded in the respective rate charged for the level of service and not separately charged or itemized. Micro-Cans, Mini-Cans and Garbage Carts shall be delivered by the Contractor to Single Family Residence Customers within seven (7) days of the Customer's initial request. Specific Collection Requirements The Contractor shall offer regular weekly collection of the following service levels: (1) One 10-gallon Micro Can (2) One 20-gallon Garbage Cart or Mini Can; (3) One 32-gallon Garbage Can (4) One 35-gallon Garbage Cart; (5) Two 32-gallon Garbage Cans or a 64-gallon Garbage Cart; and (6) Three 32-gallon Garbage Cans or a 96-gallon Garbage Cart. 35 September 2011 On request, the Contractor shall also offer Customers monthly collection of one 32-gallon Garbage Can with no putrescible wastes, at a rate equal to the weekly Micro-Can service level. Customers subscribing at this service level will continue to receive regularly scheduled Curbside recycling service. 2.2.2 Carry-out charges shall be assessed only to those Customers who choose to have the Contractor move Containers to reach the collection vehicle at its nearest point of access. An Extra Unit charge may be assessed for materials loaded so as to lift a Cart lid in excess of six (6) inches from the normally closed position. The Contractor may charge for an overweight Container at the Extra Unit rate, provided that the Customer agrees in advance to pay for the Extra Unit rate, otherwise, the Container shall be left at the Curb with Customer 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 Unit fees. All Extra Units 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 Extra Units 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. Collections shall be made from Single-Family Residences on a regular schedule on the same day and as close to a consistent time as possible. Customers shall place Containers on or abutting Public Streets or Private Roads. The Contractor may tag inappropriately placed Containers and may discontinue service in the event of persistent inappropriate Container placement. T'he 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 will not place Containers on streets, sidewalks, public pathways, or in places that block vehicle access to any driveways, mailboxes, or similar structures. 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 City of Federal Way 36 September 2011 Solid Waste Collection Contract boxed or placed in a paper bag next to the Customers' Recycling Cart. Recyclables must be prepared as follows and uncontaminated with food or other residues: Aluminum Cans: All aluminum cans that are placed in the Recycling Cart. Corrugated Cardboard: All corrugated cardboard boxes smaller than three (3) feet square, and placed in or next to the Customer's Recycling Cart. Corrugated cardboaxd boxes larger than three (3) feet square must be flattened by Customer prior to collection. Glass Containers: All colored or clear jaxs and bottles that are rinsed and have lids removed. Fluorescent and incandescent light bulbs, ceramics and window glass are excluded. Mixed Paper: All Mixed Paper. Motor OiL• Up to three gallons of motor oil that is free from contaminants and placed in screw-top plastic jugs, labeled with the Customer's address and placed next to the Customer's Recycling Cart. Newspaper: All newspaper and advertising supplements that are delivered with newspapers. Plastic Containers: All plastic bottles, jugs and tubs. Other plastics, automotive or other hazardous product Containers, and lids are excluded. Polycoated Cartons and Boxes: All plastic coated cartons and boxes that axe flattened. Scrap Metal: All fenous 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. City of Federal Way 37 September 2011 Solid Waste Collection Contract Tin Cans: 2.2.2.2 2.2.2.3 City of Federal Way Solid Waste Collection Contract All food and beverage tin cans with labels removed. Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining adequate inventories of, and distributing and maintaining Recycling Carts. The default Recycling Cart size shall be 96-gallons for new Customers, provided that the Contractor shall offer and provide 32/35- or 64-gallon Recycling Carts on request to those Customers requiring either less or additional capacity than provided by the standard 96-gallon Recycling Cart. Recycling Carts shall include a recycling/program brochure when distributed. 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. Specific Collection Requirements Single-Family Residence Recyclables collection shall occur every-other-week on the same day as each household's Garbage and Compostables collection. Single-Family Residence Recyclables collection shall occur during the hours and days specified in Section 2.1.4. Collections shall be made from Residences on a regular schedule on the same day and as close to a consistent time as possible. The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection service is provided. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers with their lids closed and attached to their set out location in an orderly manner. The Contractor shall collect all properly prepared Single- Family Residence Recyclables from Garbage Customers. No limits shall be placed on set-out volumes, except in the case when extremely large quantities of commercially-generated materials are consistently set out at a Single-Family Residence. In this case, the Contractor shall request the resident to use a larger Recycling Cart or use commercial recycling services for the excess volumes. If the resident 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 3g September 2011 excess materials the following day in a separate truck, provided that clear written notification of the collection delay is provided to the Customer. 2.2.3 The Contractor shall collect properly packaged used motor oil from Single-Family Residential Customers. The Contractor may refuse to collect used motor oil from any Customer for any one of the following reasons: 1) the oil was not packaged in a leak proof, plastic jug or bottle, securely sealed with a screw-cap; 2) the packaged oil contained substances other than used motor oil; 3) the packaged oil leaks in any way 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 for any of these reasons, a tag outlining the reason for rejection shall be left with the oil. The City and Contractor shall cooperate on monitoring the quality of Recyclables set out for collection. Either party may inspect or sample set-out or collected Recyclables. Any deficiencies in Recyclables quality observed by City or Contractor's staff shall require educational follow-up by the Contractor to encourage maximum quality and marketability. Educational follow-up shall range from a minimum of a notice ticket or "oops tag" to involvement of management staff from either the City or Contractor as appropriate. The Contractor shall provide on-call collection to up to twenty (20) Residences each month. This service is intended to address Customers who move in or move out of their Residence during on off week and have excessive amounts of Recyclables which require immediate collection during their "off week." The Contractor shall notify the City of a request (unless the City initiates the request) and shall include the dates and addresses of all Customers receiving this service in the Contractor's monthly report. Compostables Collection 2.2.3.1 Subject Materials Compostables shall be collected each collection cycle on a subscription basis from all participating Single-Family Residences. Contaminated or oversized Compostables materials rejected by the Contractor at the Curb shall be tagged in a prominent City of Federal Way 39 � September 2011 Solid Waste Collection Contract location with an appropriate problem notice explaining why the material was rejected. 2.2.3.2 2.2.3.3 City of Federal Way Solid Waste Collection Contract Containers A 96-gallon Compostables Cart shall be provided to all Compostables collection subscribers. The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Compostables Carts. Compostables Carts shall be labeled with instructional information, in accordance with Section 2.1.15.6. The default Compostables Cart size shall be 96-gallons, with 32/35- and 64-gallon sizes available upon request. Extra Yard Debris material that does not fit in the initial Compostables Cart shall be bundled or placed in Kraft bags or Customer-owned Garbage Cans labeled for Yard Debris. Customers choosing to use their own Containers for excess Yard Debris shall be provided durable stickers by the Contractor that clearly identify the Container's contents as Yard Debris. Compostables Carts shall be delivered by the Contractor to Customers within seven (7) days of the Customer's initial request. Redelivery fees shall be charged only to those Residential Customers that cancel and then restart Compostables Cart collection service within seven months of cancellation. In order for this fee to be applicable, Contractor must notify each Customer at the time they request service cancellation. The Contractor may charge a ten dollar ($10.00) Compostables Cart cleaning and deodorizing fee, per occurrence, for each Compostables Cart cleaned and redelivered to existing Compostables collection subscribers upon their request. Specific Collection Requirements The Contractor shall collect Compostables on the same scheduled service day as Garbage collection weekly throughout the year from all Single Family Residences who subscribe to Compostables service. Compostables in excess of 96 gallons may be charged as Compostables Extra Units in 96 gallon increments in accordance with Attachment B. Unflocked, undecorated, natural holiday trees (Christmas Trees) will be collected at no additional cost on the first full 40 September 2011 week of scheduled Compostable materials collection each year from all single family and multi-family Residences in the City. The Contractor shall collect 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 and will not place Containers on streets, sidewalks, public pathways, or in places that block vehicle access to any driveways, mailboxes, or similar structures. Information detailing collection and service schedules as specified in Section 2.2.2.3 and Section 2.2.3.3 shall be included in the Annual Service Update as specified in Section 2.3.5. 2.2.3.4 Food Scraps Collection The Contractor shall accept uncontaminated Food Scraps included and/or mixed with Yard Debris ("Compostables") in Yard Debris Carts for Single Family Residential Customers who subscribe to Compostables Collection service. If the City elects to provide kitchen Food Scrap Containers, the City shall arrange and separately pay for Container distribution, either through the Contractor or another source. The range of materials handled by the Food Scraps collection program may be changed from time to time upon the 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 Waste Collection 2.2.4.1 Subject Materials On-call Bulky Waste collection 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. City of Federal Way 41 September 2011 Solid Waste CollecNon Contract • 2.2.4.2 Specific Collection Requirements On-call collection services of bulky waste such as couches, mattresses, white goods and other oversized materials must occur during the hours and days specified in Section 2.1.4, with the exception that Saturday collection is permissible if it is more convenient for Customers. The Contractor's crews shall make collections in an orderly and quiet manner. 2.2.5 Multi-Family Complex and Commercial Customer Garbage Collection 2.2.5.1 2.2.5.2 City of Federal Way Solid Waste Collection Contract Subject Materials The Contractor shall collect all Garbage set out for disposal by Multi-Family Complex , and Commercial Customers in acceptable Containers as designated in Section 2.2.5.2. Containers The Contractor shall provide Containers meeting the standards described in Section 2.1.15. Multi-Family 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) cubic-yard non-compacted Detachable Containers, and compacted or non-compacted Drop-Box Containers. The Contractor may also lease or sell compacted Drop-Box Containers and Drop-Box and Detachable Container Compactors to Customers outside of this Contract at rates negotiated between the Customer and the Contractor. Materials in excess of Container capacity or the subscribed service level shall be collected and properly charged as Extra Units at the rates listed in Attachment B. The Contractor shall develop and maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Units and documentation of service irregularities such as damaged or blocked Containers. All Extra Units and service irregularities shall be documented with a date and time stamped photogra.ph. The Contractor may use either or both front-load or rear-load Detachable Containers to service Multi-Family 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, 42 September 2011 whether or not front-load collection is feasible at that Customer's site. 2.2.5.3 Contractor-owned Containers shall be delivered by the Contractor to requesting Multi-Family Complex and Commercial Customers within three (3) days of the Customer's initial request. Customers shall properly care for Containers on the Customer's property, shall use reasonable efforts to protect such Containers from graffiti or negligent misuse, and shall not use such Containers for other than their intended purpose. Specific Collection Requirements Commercial Garbage collection shall be made available to Multi-Family Complex and Commercial Customers daily, Monday through Saturday, during the times specified in Section 2.1.4. Collection at Multi-Family sites shall be limited to the same hours as Single-Family Residence collection. Collections shall be made on a regular schedule on the same day and as close to a consistent time as possible to minimize Customer confusion. T'he 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 ten (10) foot increments only to those Customers for whom the Contractor must move a Container over five (5) feet from an enclosure to reach the collection vehicle at its nearest point of access. Extra charges may be assessed for m�terials loaded so as to lift the Garbage Can, Garbage Cart of Detachable Container lid in excess of six (6) inches from the normally closed position. Customers may request extra collections and shall pay a proportional amount (e.g. one pick-up per week rate divided by 4.33 weeks per month) of their regular monthly rate for that service. 2.2.6 Multi-Family Complex Recyclables Collection 2.2.6.1 City of Federal Way Solid Waste Collection Contract Subject Materials The Contractor shall provide adequate Container capacity and collect all Recyclables from Multi-Family Complexes that are prepared in a rnanner similar to that described for Single- Family Residence Recyclables in Section 2.2.2.1., with the exception of used motor oil. This embedded recycling 43 September 2011 collection shall occur at no extra charge from base Garbage collection. The Contractor will tag contaminated Containers, but will not collect the contaminated load as Garbage and not charge the resident or property manager a fee for contamination unless notification and correction procedures as specified by the City are completed. 2.2.6.2 City of Federal Way Solid Waste CollecNon Contract Containers T'he Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Recycling Carts. 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 2.1.15.6 when distributed. The City may require that combination or common-keyed locks and multiple keys be provided by Contractor at no extra charge to limit contaminatian of Recycling Carts or Recycling Detachable Containers. At larger Multi-Family Complexes, the Contractor may use Detachable Containers for recycling collection provided that they axe completely painted blue per Section 2.1.15.6, clearly distinguished from Containers used for Garbage or Compostables collection and are equipped with City-approved prominent identifying and instructional labels. Upon notice, Contractor is required to equip these with Detachable Containers with special slotted recycling lids provided by the City. The Contractor may also use Drop-Box Containers to collect Recyclables at Multi-Family residences. There is no requirement to paint these containers blue per Section 2.1.15.6, but Drop-Box Containers shall be equipped with prominent 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. Multi-Family Complex Recycling Carts shall be relabeled periodically in accordance with Section 2.1.15.6. 44 September 2011 2.2.6.3 �� 2.2.6.5 City of Federal Way SoGd Wsste Collection Contract Specific Collection Requirements Multi-Family Complex recycling collection shall occur weekly or more frequently, as needed, during the hours and days specified in Section 2.1.4 for Multi-Family Complex collection. Collections shall be made on a regular schedule on the same day(s) of the week 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. After emptying Containers shall be replaced in the same location as found. Multi-Family Complex Recycling Customers shall not be charged lock, gate or roll-out fees. 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 total recycling capacity for the Multi-Family Complex site. Provision of Limited-Scale Recyclables Collection for Multi- Family Customers Upon request, Contractor shall provide clearly distinguished recycling Containers and Recyclables Collection service at no cost to individual residents and/or maintenance staff of Multi- Family Complexes in cases when recycling is not sanctioned by the property management company for the entire complex. The City will maintain the list of residents with limited-scale Recyclables Collection and coordinate service with the Contractor. The Contractor will provide collection service for the Containers on a weekly schedule at no extra charge. The resident will be responsible for ensuring the Recycling Container is clean and set-out where the Contractor can service it. The Contractor will tag contaminated Containers, but will not collect the contaminated load as Garbage and not charge the resident or property manager a fee for contamination. Multi-Family Recycling Outreach and Incentives The Contractor shall provide ample copies of current recycling guidelines upon request of the City or Customer. The Contractor shall assist the City in the development and implementation of an annual recycling outreach and incentive plan. T'he plan shall include, at a minimum, a description of planned programs, tasks assignments between the City and Contractor and support costs where appropriate. 45 September 2011 Public Education will play an important role in this process. The Contractor and the City shall work together to conduct workshops, visit with Customers, and develop and implement a high quality public education campaign. The outcomes and results of these efforts will be tracked and reported to the City by the Contractor. 2.2.7 Commercial Recycling Collection — Universal Cart-Based Recycling Collection Services, Other Commercial Services and Fee Cap Any Commercial Customer may receive up to two 96-Gallon Recycling Carts collected weekly as part of their Garbage collection service at no additional charge. Commercial Customers who require additional recycling collection service may subscribe sepaxately with the Contractor or another service provider for that service at market rates. The Contractor shall provide those additional services at rates negotiated between the Contractor and the Commercial Customer provided that the following fee cap will apply: the combined fee for separate Garbage, Recyclables and Compostables collection services may not be any greater than the equivalent monthly Garbage fee for that same volume of material. The provision of fee-based Commercial Recycling shall comply with the service and billing standards of this Contract, but at market rates subject to the combined fee cap described above. 2.2.7.1 Subject Materials The defined list of Recyclables, with the exception of used motor oil or large amounts of Scrap Metal, 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 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 driver shall notify their dispatcher, and the dispatcher shall contact the Customer with specific instructions for Customer to prepare the rejected materials for collection service or authorization to collect the material as Garbage for the regular Gazbage collection fee. Contractor shall notify the City immediately, through use of dispatch or route management staff, if repeated contamination occurs in Recyclables set out by any Commercial or Multi-Family Customer. City of Federal Way 46 September 2011 Solid Waste CoRection Contract Contractor shall notify the City immediately when any Commercial or Multi-Family Customer requests reduction or elimination of any Recyclables collection service, to afford the City the opportunity to act as a customer retention agent on behalf of the Contractor. Contractor is required to remind such Customers that City resources aze available to help resolve recycling service issues. Contractor will not discontinue these services or remove Containers from Customer premises until the City has reviewed conditions and provided suggestions for retaining the Customer. 2.2.7.2 2.2.7.3 City of Federal Way Solid Waste Collection Contract Containers Contractor-supplied Recycling Containers shall be used for collecting Commercial Recyclables. Recycling Carts and Recycling Detachable Containers shall be distinguished from Compostables or Garbage Container colors per Section 2.1.15.6 and shall include prominent identifying labels that provide directions for the preparation of the materials to be placed in the Cart or Container. At larger businesses, the Contractor may use Detachable Containers or Drop-Box Containers for Recyclables collection provided that they are distinguished from Containers used for Garbage collection and are equipped with prominent identifying labels. Contractor-owned Containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. Specific Collection Requirements Commercial Recyclables collection shall be offered 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 streets where no alleys are present. Containers shall be replaced in the same location after emptying. Commercial Recyclables collection Containers and service may be ordered by the Commercial Customer, the City, or the City's contracted technical assistance consultant, provided that the Contractor shall not be required to provide Commercial Recyclables collection to an unwilling party. 47 September 2011 2.2.8 Multi-Family Complex and Commercial Customer Compostables Collection 2.2.8.1 Subject Materials . f►,�►�:�► 2.2.8.3 The Contractor shall provide Compostables collection services to Multifamily Complexes and Commercial Customers on a subscription fee basis, in accordance with the service level selected by the Customer. Contaminated or oversized Compostables materials rejected by the Contractor shall be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. The Contractor's dispatcher will contact Customers with specific instructions for Customer to make the rejected materials suitable for collection service. Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Compostables Carts and Detachable Containers. Extra Yard Debris material that does not fit in a Compostables Cart or Detachable Container shall be bundled or placed in Kraft bags or Customer-owned 32-gallon (maximum) Containers labeled `yard'. Compostables Carts and Detachable Containers shall be delivered by the Contractor to new Multi-Family Complexes or Commercial Customers within three (3) days of the Customer's initial request. Specific Collection Requirements Compostables shall be collected from Multi-Family 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. The Contractor shall collect Containers at defined Multi- Family Complex or Commercial Customer Container spaces. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers with their lids closed and attached to their set out location. City of Federal Way 48 September 2011 Solid Waste Collection Contract Commercial and Multi-Family Customers using Compostables Collection service for Food Scraps collection with Seattle-King County regulations for Commercial Food Scraps collection and the materials being Source-Separated must be identical to those accepted in the Residential Food Scraps collection program. Those regulations 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 biodegradable kitchen Container bags or Cart liners as part of the basic collection service. F�� Commercial and Multi-Family Compostables Cart service shall be charged at the same rates as Single-Family Residential service. Compostables in excess of the subscribed Container size may be charged as Extra Units in 96-gallon increments, with each Extra Unit equaling 96 gallons. Commercial and Multi-Family Customers who require Detachable Container Compostables collection service may subscribe separately with the Contractor or another service provider for that service at market rates. The provision of fee- based Commercial Compostables collection in Detachable Conta.iners shall comply with the service and billing standards of this Contract, but at market rates subject to the combined fee cap described above. Drop-Box Container Garbage Collection 2.2.9.1 2.2.9.2 Subject Materials The Contractor shall provide Drop-Box Container Garbage collection services to Multi-Family Complex and Commercial Customers, in accordance with the service level selected by the Customer. Containers The Contractor shall provide Containers meeting the standards described in Section 2.1.15. Both Customer-owned and Contractor-owned Drop-Box Containers shall be serviced, including Customer-owned compactors. Contractor-owned Containers shall be delivered by the Contractor to requesting Customers within three (3) da�s of the Customer's initial request. City of Federal Way 49 September 2011 Solid Waste Collection Contract 2.2.9.3 Specific Collection Requirements Single-Family Residence, Multi-Family Complex and Commercial Customer Drop-Box Container collection must occur during the hours and days specified in Section 2.1.5. Collection of Drop-Box Containers in Single-Family Residence and Multi-Family Complex areas and multi-use buildings containing 1Vtulti-Family Complexes shall be limited to the same hours as Single-Family Residence collection. T'he 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 ca1L Mileage fees shall be assessed only when Customer-directed disposaUrecycling sites are more than ten (10) road miles by the shortest route from a particular Customer's location, and then only on the additional mileage above twenty (20) miles round-trip. The Contractor shall obtain prior permission from the Customer to use disposal/recycling sites which would result in additional mileage charges. 2.2.10 Temporary Container Customers T'he Contractor shall provide temporary 2-, 4-, and 6-cubic yard Detachable Containers and 10-, 20-, 30-, and 40-cubic yard Drop-Boxes to Single-Family Residence, Multi-Family Complex and Commercial Customers on an on-call basis. Temporary service shall include all Customers requesting Container service of less than ninety (90) days duration, including existing Customers on permanent service who temporary request an extra Container for less than ninety (90) days. The charges for temporary Detachable Container service listed in Attachment B shall include deliver, collection and disposal. Disposal charges for temporary Drop-Box Containers shall be billed in addition to the delivery, rental and hauling charges listed in Attachment B. Rental charges shall be itemized and charged separately, at the rates listed in Attachment B. The Contractor may charge a 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. City of Federal Way 50 September 2011 Solid Waste CollecNon Contract 2.2.11 Municipal Services The Contractor shall provide weekly and temporary Garbage, Recyclables, and Compostables collection services to all City municipal facilities, without charge. Those facilities include, but are not limited to the following: Ci Facilities: Federal Wa Ci Hall 33325 8�' Avenue S Evidence Buildin 600 S 333rd Street Federal Wa Communi Center 876 S 333rd Street Steel Lake Maintenance Facili 31132 28th Avenue S Dumas Ba Center 3200 SW Dash Point Road Parks: Adelaide 30619 16th Avenue SW Alderbrook 32730 17th Avenue SW Alderdale 2700 SW 340th Place BPA Trail 1100 S 324th Street Camelot en S ace 29200 45th Avenue S Cedar Grove 2200 S 333rd Street Celebration 1095 S 324th Street Coronado 2501 SW 349th Place Dash Point Hi hlands � 5300 SW 324th Street Dash Point Trian le 31200 SW Dash Point Road Dumas Ba 30844 44th Avenue SW Federal Wa En Si 2800 S 320th Street Fisher's Pond 31850 7th Avenue SW French Lake 31531 1 st Avenue S Herita e Woods 28200 24�' Place S H lebos / Bluebe Farm 630 S 356th Street H lebos / Historic Cabins 34915 4th Avenue S Lake Grove 833 SW 308th Street Lake Killarne 3500 We erhaeuser Wa S Lakota. 31334 SW Dash Point Road Laurelwood 2301 S 292nd Street Madrona 1500 SW 356th Street City of Feder�l Way 51 September 2011 Solid Waste Collection Contract Mirror Lake 915 S 315th Street Ol ic View 2900 SW 330th Street Palisades 5039 SW Dash Point Road Panther Lake O en S ace 650 SW Cam us Drive Saca'awea 1401 S Dash Point Road Sa alie � 33914 19th Avenue SW Steel Lake / Steel Lake Annex 2410 S 312th Street SW 312th S orts Court 100 SW 312th Street Wed ewood 3913 SW 337th Street West Cam us Trail 200 S 320th Street Wildwood 2315 S 300th Street At any time during the term of this Contract, the City may add facilities in addition to those listed above. Additional 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 that the number of facilities increases by more than 10% above those listed above, the Contractor's rates shall be adjusted to reflect the increased cost to Contractor in providing such services. On occasion, the City will pay the Contractor in accordance with charges listed in Attachment B for services that involve a third party, when such third party accumulates Garbage as part of performing services for the� City. For example, disposal of roof replacement debris removed from a City facility. Regular Garbage generated on an ongoing basis at all City facilities will otherwise be collected by the Contractor without charge to the City. 2.2.12 City-Sponsored Community Events The Contractor shall provide Garbage and Recycling services for City- sponsored special events at no charge to the City or users. Container capacity shall be coordinated with event staff to ensure that sufficient Container capacity and collection frequency is provided by the Contractor. These events shall include, but not be limited to: • Federal Way Festival Days (Summer regional community festival) • Han Woo-Ri (Korean-American Festival) • Red, White and Blues (Independence Day Festival) • Buds and Blooms (gardening show event) • Federal Way Farmers Market City of Federal Way 52 September 2011 Solid Waste Collection Contract At any time during the term of this Contract, the City may add City- Sponsored Community Events in addition to those listed above, provided that if the City adds more than one event every two (2) years, the Contractor may negotiate compensation for those additional events. In the event that the total volume of materials collected by Contractor from City- Sponsored Community Events increases by more than 20% above the baseline volume for such events established at the outset of this Contract, then Contractor's rates shall be adjusted to reflect the increased cost to Contractor in providing such services. 2.2.13 Mixed-Use Buildings Service in Mixed-Use Buildings shall be apportioned between Residential and Commercial Customers. Residential Customers shall be provided Single-Family or Multi-Family Recyclables collection and shall be charged the appropriate Residential rates for their portion of Garbage collection service. Commercial Customers shall pay only their regular Commercial rates which exclude the component for Recyclables collection above the basic Cart Recyclables collection service. The Contractor and/or property manager shall apportion Garbage service according to usage to ensure Mixed-use Building Customers are charged equitably for collection services. In the case of a dispute, the City shall intervene and the City's decision shall be finaL 2.2.14 Other Solid Waste Collection Services The Contractor may occasionally provide other regularly scheduled services related to solid waste collection in the City not specifically delineated under this Contract. In that event, the Contractor shall use current rates approved by the WUTC under the Contractor's Waste Management — South Sound and Waste Management of Seattle Tariff 21 for the service provided. If the intended services are not covered by either this Contract or the Contract's WLTTC tariff, 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 23.1 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: • Collecting Garbage in the City Service Area and delivering the Garbage to the King County Disposal System, unless City of Federal Way 53 September 2011 Solid Waste CoRection Contract otherwise directed by the City, and shall ensure that the Contractor handles Garbage in accordance with the City's interlocal agreements governing solid waste management. • Collecting construction/demolition waste in the City Service Area and 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 Compostables collected by the Contractor in the City Service Area. • Providing cart and Container assembly, maintenance, painting, stickering/labeling and re-stickering/labeling and delivery services listed or required in this Contract. • Performing customer service, including 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 to bills, if requested by the City. • Procuring all equipment and bearing all start-up, opera.ting maintenance, and transition costs for collection and processing or disposal of Garbage, Recyclables and Compostables, 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, maintain and distribute equipment and related 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 the City for review and �pproval prior to release. • Complying with all applicable laws. City of Federal Way � 54 September 2011 Solid Waste Collection Contract • 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 environxnent and comprehensive liability insurance coverage as set forth in Section 6.4, and providing proof of this insurance to the City annually. • 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. • 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 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 the change taking place. • Submitting prompt notices to the media regarding modifications to the collection schedule due to inclement weather. • Maintaining Containers, vehicles and facilities in a clean, properly labeled and sanitary condition. • Meeting all City reporting, inspection and review requirements. • 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 City of Federal Way 55 September 2011 Solid Waste Collection Contract notify the City within twenty-four (24) hours of the termination. 2.3.1.2 City's Responsibilities Consistent with the responsibilities set forth otherwise in this Contract, the City shall be responsible for: • Overall project administration and 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 in the City by the Contractor. • Conducting performance reviews of the Contractor with the Contractor's cooperation and assistance. • Holding periodic operations meetings with the Contractor, as necessary. 2.3.2 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, correlating service levels to current invoices, all Customer billing, and maintaining and regularly updating a user-friendly website. City of Federal Way 56 September 2011 Solid Waste Collection Contract These functions shall be provided at the Contracfor's sole cost, with such costs included in the Customer charges (see Attachment B). 2.3.2.1 2.3.2.2 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 and phone number, specifically 253-833-3333 for use during this contract as the Contractor's primary customer service line. On the termination of this Contract for any reason, the Contractor shall relinquish its rights for use of this phone number to the City or its assignee, effective the day of termination. T'he Contractor's office hours shall be open at a minimum from 8 a.m. to 5 p.m. daily, except Saturdays, Sundays and recognized 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 contact such representative, available at said emergency telephone number during all hours other than normal office hours. 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 multiple incoming telephone calls simultaneously. 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 contract performance criteria City of Federal Way Solid Waste Collection Contract 57 September 2011 The Contractor shall provide additional staffing during the transition and implementation period, and especially from six (6) weeks prior to the commencement of new services, through the end of the fourth month after the commencement of new services, to ensure that sufficient staffing is available to minimize Customer waits and inconvenience. The Contractor shall receive no additional compensation for increased staffing levels during the transition and implementation period. Staffing levels during the mobilization, transition and implementation period shall be subject to prior City review and approval. 2.3.2.2.2 Service Recipient Complaints and Requests T'he Contractor shall record all complaints and service requests, regardless of how received, including date, time, Customer's name 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 answering service shall be recorded in the log the following business day. The Contractor shall make a conscientious effort to resolve all complaints within twenty-four (24) hours of the original call or e-mail, 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. T'he Contractor shall provide a copy of this log in an electronic format to the City with the monthly report. City of Federal Way 58 September 2011 Solid Waste Collection Contract The Contractor shall provide sufficient field service/sales staff and route manager personnel to accurately set-up accounts and visit Customers at their service location as needed — for example during roll-out of service changes that impact multiple accounts, or during establishment of new Recycling or Compostables collection service changes. The Contractor's field service/sales staff shall be able to describe to Customers any related service procedures and Container or equipment needs, and be able to calculate any related rate impacts that would arise from implementing service change options. The Contractor's field service/sales staff shall also be responsible for completion of outreach and tracking specified in Section 2.3.5, including related required annual reporting. 2.32.2.3 Handling of Customer Calls All incoming telephone calls shall be answered promptly and courteously. 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. The Contractor shall maintain and provide systems and personnel for managing Customer inquiries and complaints. The Contractor shall have the following call center Customer service goals: (1) TSF% of 80% or more answered within 60 seconds or less, and (2) ABA% of less than 10%. The Contractor's telephone system shall collect data necessary to perform the above calculations. The Contractor shall also provide a monthly listing of all repeat collection complaints received by the Contractor the previous month (a repeat collection complaint is an initial collection or container delivery complaint that was not resolved, or a reoccurrence of a collection or container delivery complaint at the same address during a six [6] month period). This listing shall be sorted by collection route and shall include a detailed descriptian of steps taken by the Contractor to ensure that these particular repeat complaints do not recur. The Average Speed of Answer (ASA), Abandoned Call Percentage (ABA %) and Total Service Factor Percentage (TSF %) shall be reported to the City on a weekly basis regarding Customer calls for the previous week. This weekly report will include information on total calls offered. City of Federal Way 59 September 2011 Solid Waste Collection Contract The Contractor's goal is to maintain a Customer Service Center operation with a speed to answer percentage (TSF %) of 80% of calls answered within 60 seconds, and an abandoned call percentage (ABA %) of less than 10% per month. The Contractor's telephone system shall collect data. so as to report the number of incoming calls received during the month and the speed to answer time for all calls received. The Contractor shall provide the following data monthly: (1) the total number of incoming Customer calls received by the Contractor's Customer Service Center, (2) the monthly percent of those calls abandoned (ABA %), and (3) the monthly percent of those calls answered in under 60 seconds (TSF %). TS( F %) 3 Standard 2 Belo�v Standard 1 Failing A( BA %) 3 Standard 2 Below Standard 1 Failing 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 A tiered approach to assessing performance fee penalties will be implemented by the Contractor as outlined below. (TSF %) Performance Fee Penalties ABA% Performance Fee Penalties Low 80% 60% Hi�6 Penal 100% u/a <80% $100 <60% $200 Penal Low Hieh 0% 10% >10% 15% >15% n/a $100 $200 Per % point below standard Per % point below standard Per % point above standazd Per % point above standard In calculating penalties per this section, percentages will be rounded to the nearest one-percent. Based on each month's performance, Contractor shall make any resulting penalty payments to the City for performance not meeting standards within 20 days after the end of that month. Contractor's penalty payment shall be in addition to compensation specified in Section 3.2., and in addition to any other Performance Fees assessed by the City as specified in Section 4.1. City of Federal Way 60 September 2011 Solid Waste Collection Contract approved the plan, the Contractor shall have thirty (30) days to implement the corrective measures, ea�cept during the transition and implementation period, during which time the Contractor shall have one (1) week to implement corrective measures. Corrective measures shall be implemented without additional compensation to the Contractor. Failure to provide corrective measures shall be subject to performance fees. City of Federal Way Solid Waste Collection Contract 2.3.2.2.5 23.2.2.6 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 email 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 the next business day after receipt. The website shall offer Customers the option to pay their service bills on-line through a secured bill payment system. Website content and design shall be submitted for City approval a minimum of three (3) days prior to planned roll-out of website changes, and website content and design shall 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 minimize "pop-up" windows, and not include adware or spyware. Full Knowledge of Programs Required 61 September 2011 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, Multi-Family Complex and Commercial Customers. For new Customers, customer service representatives shall explain all Garbage, recycling, Compostables and Food Scrap 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 all recycling, Compostables and Food Scrap preparation specifications. Policy questions resolvable by the City 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 provide efficient and high-quality customer services. 2.3.3 Contractor's Customer Billing Responsibilities The Contractor shall pe responsible for all billing functions related to the collection services provided under this Contract. All Single-Family Residence Customers shall be billed at least quarterly, and Multi-Family 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. The bill's due date shall be no sooner than fifteen (15) business days after the date the bill is mailed. The Contractor may make account adjustments for over- or under-charges, provided that under-charges may only be charged for services provided within ninety (90) days of the bill date. Billing and accounting costs associated with Customer invoicing shall be borne by the Contractor, and are included in the service fees in Atta.chment B. The Contractor may bill to Customers late payments and NSF ("bounced") check charges, as well as the actual third party costs of bad debt collection. Late fees shall not exceed one percent (1 %) per month and NSF charges shall not exceed twenty dollars ($20.00) per NSF check or actual bank charges, whichever is greater. City of Federal Way 62 September 2011 Solid Waste Collection Contract Single-Family Residential Customers may temporarily suspend service due to vacations or other reasons for as long and as often as desired in one (1) week increments and be billed pro-rata for actual services received. All Single-Family Residence Recyclables collection costs and revenues shall be included in the Garbage collection rate and shall not be charged or itemized separately. Subscription Compostables services shall be itemized separately. All Multi-Family Complex Recyclables collection costs and revenues shall be included in the Garbage collection rate and shall not be charged or itemized separately, except as directed at the City's sole discretion. Costs for the baseline two Recycling Carts per Commercial Customer shall be included in Commercial Garbage rates and shall not be charged or itemized separately. Costs for Commercial Recycling provided for additional service above the two Recycling Carts may be separately charged in accordance with this Contract. Commercial Customer and Multi-Family Complex Compostables services shall be itemized and charged separately. No surcharges (such as environmental or fuel surcharges) shall be added to invoices for Garbage, Recyclables or Compostables collection, including Commercial Recycling collection, unless specifically authorized in writing by the City. The Contractor shall be responsible for the following: • Generating combined Garbage, Recyclables and Compostables collection bills. Bills must include a statement indicating the Customer's current service level, 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. • Accepting, processing and posting payment data each business day. • Maintaining a system to monitor and report Customer subscription levels, record Extra Unit Garbage and Compostables collected, place an additional charge on the Customer's bill for the excess coliection, and charge for additional services requested and delivered. 'Th�is system shall maintain a Customer's historical account data for a period of not less than two years. • Accepting and responding to Customer requests for service level changes, missed or inadequate collection services, and additional services. • Collecting unpaid charges from Customers for collection services. City of Federal Way 63 September 2011 Solid Waste Collection Contract • Implementing rate changes as specified in Section 3.1 and 3.3. • Including lines/space for customer service messages on Customer bills. � Including Contractor phone numbers for customer service on Customer bills. • Contractor will provide a discount to Single Family Customers that choose to use a paperless invoicing and bill paying process when this capability is implemented and becomes operational. The Contractor will notify the Customer of their 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 no less than the appropriate current single ounce first class rate as set by the US Postal Service. � All Customers in any grouping targeted for receipt of printed educational or outreach materials shall be included in Contractor's mass-mailings of such materials regardless of Customer's billing method status (such as web-based invoicing) or Customer's mail receipt method (such as use of a Post Office Box rather than standard curbside mail service). The Contractor shall be required to have procedwes 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 securely stored off-site. T'he Contractor shall also provide the City with a copy of the customer service database via e-mail or other electronic medium on a quarterly basis. The City shall have unlimited rights to use the customer service database to develop targeted educational and outreach programs, analyze service level shifts or rate impacts, and/or to provide information to successor contractors. Upon five (5) business days 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. City requests for information pertaining to five or fewer accounts shall be provided within one business day. As set forth in detail below, the Contractor shall provide monthly and annual reports to the City. In addition, the Contractor shall allow the City access to pertinent operations information related to compliance with the obligations of this Contract, such as vehicle maintenance logs, disposal, City of Federal Way 64 September 2011 Solid Waste Collection Contract Compostables and recycling facility certified weight slips, and Customer charges and payments. 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 disposal facility certified weight slips and vehicle maintenance logs. 2.3.4.1 Monthly Reports On a monthly basis, by the last day of each month, the Contractor shall provide a report containing information for the previous month. Reports shall be submitted in electronic format approved by the City and shall be certified to be accurate by the Contractor. At a minimum, reports shall include: (1) A log of complaints and resolutions for all collection services and sectors. At a minimum, the complaint log shall include Customer name and/or business name, Customer's service address, contact telephone number, date of complaint, a description of the complaint, a description of how the complaint was resolved, the date of recovery/resolution and any additional driver's notes or comments. (2) A tabulation of the number of single family, commercial and multi-family accounts by service level/Container size and service frequency. (3) A compilation of program participation statistics including: a summary of multi-family and commercial participation in recycling programs, set-out statistics for Residential Garbage, Compostables and Recyclables collection services, and log of bulky items. (4) A compilation of total monthly and year-to-date summaries of Garbage, Recyclables and Compostables quantities by collection sector. (5) A summary of Recyclables quantities by collection sector and by commodity, including processing residues disposed and maxket prices. City of Federal Way 65 September 2011 Solid Waste Collection Contract (6) A summary of disposal or tipping facility locations and associated quantities for Garbage, Recyclables and Compostables as well as any changes in processing procedures, locations or tipping fees. 2.3.4.2 City of Federal Way Solid Waste CollecNon Contract (7) A list of dates, Customer names and addresses for whom a free special recycling collection has been made (Section 2.2.2.3). (8) A description of any vehicle accidents infractions, or insurance claims against Contractor. (9) A description of any changes to collection routes, Containers, vehicles (including the identification of back-up vehicles not meeting contract standards with the truck number and date of use), customer service or other related activities affecting the provision of services; and (10) Call Center performance reporting and penalty totals as specified in Section 2.3.2.2. If collection vehicles are used to service more than one Customer sector or jurisdiction, the Contractor shall develop an apportioning methodology that allows the accurate calculation and reporting of collection quantities. T'he apportioning methodology shall be subject to prior review and approval by the City and shall be periodically verified through field testing by the Contractor. 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 Compostables and Recyclables collection programs. (3) A discussion of promotion and education efforts and accomplishments. 66 September 2011 (4) An inventory of current collection, delivery, spare and other major equipment, including make, model, year, and accumulated miles. 2.3.4.3 (5) A list of multi-family and commercial recycling sites pursuant to Section 2.3.5. 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 software compatibility. 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 sh�ll be subject to existing laws and regulations regarding disclosure, including the Public Records Act, Chapter 42.56 RCW. 2.3.5 Promotion and Education The City shall have primary responsibility for developing, designing and executing general waste reduction/recycling public education and outreach programs, with the assistance and cooperation of the Contractor. The Contractor shall have primary responsibility for providing service-oriented information and outreach to Custoimers and implementing on-going recycling promotion, at the direction of the City. The Contractor shall maintain a complete list of all Multi-Family 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 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 Multi-Family 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 Multi-Family Complex and Commercial Customer sites; Garbage, recycling and City of Federal Way 67 September 2011 Solid Waste Collection Contract Compostables status; Container sizes, service frequency, and types; Customer contact dates and outcome of such contacts; and suggestions for increasing participation or other program improvements. The Contractor and the City shall organize and implement an ongoing City-wide recognition program to highlight services available and reward recycling participation by customers in all service sectors. This program shall be based on the "Clean Cart Challenge" promotion implemented by the Contractor in mid-2010: Funding for specific rewards will be provided by the Contractor, with a cap of Four Thousand Eight Hundred Dollars ($4,800) in value per calendar year. Specific promotion and rewazd amounts may vary by sector, customer type, or specifically targeted recycling participation behavior, subject to City discretion and seasonal timing of related promotions. The City shall organize and implement an ongoing public awareness campaign for this recognition program, which may include, but not be limited to: mailers, press releases, advertising through local media, promotion in or on customer invoices, and related promotion "windows" or "pop-up" screens on the Contractor's Internet Website. Contractor shall participate fully tn coordinating elements of this public awareness campaign into Contractor-maintained customer information sources. The Contractor shall keep the public informed of programs and encourage participation through an Annual Service Update. Each year, prior to the annual rate adjustment, 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, preparation and other service requirements, contact information, inclement weather and other policies, a collection schedule calendar applicable to each recipient's routes and other usefixl 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 approval by the City. Upon approval, materials shall be mailed to every new Customer prior to the Customer's first billing and shall, at a minimum, include a statement of applicable rules and service policies, rates, services and preparation requirements, collection days in calendar format, Contractor customer service information and City contact information. Contractor's materials shall be TTY accessible and Contractor shall provide 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 City of Federal Way 68 September 2011 Solid Waste Collection Contract page and increases unit postage cost difference in postage. The City and for timely inclusion of such materials. 2.3.6 2.3.7 Field Monitoring , the City shall pay the incremental Contractor shall work cooperatively 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. Transition t�o Next Contractor The Contractor shall be expected to work with the City and any successive contractor(s) 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 updated 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, or the Contractor's surety, shall pay the City one hundred thousand dollars ($100,000.00) for the material breach of this contract provision. Payment shall be made within twenty (20) business days of the end of this contract. 3. COMPENSATION 3.1 Compens�tion to the Contractor 3.1.1 Rates The Contractor shall be responsible for billing and collecting funds from Single-Family Residence, Multi-Family 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 charges 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 Federal Way 69 September 2011 Solid Waste Collection Contract 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 charges listed in Attachment B. The Contractor shall not charge separately for the collection of Source-Separated Recyclables other than Commercial Recyclables above the limit of the included Cart-based Recyclables program. T'he City administrative fee shall not be itemized separately on Customer invoices. 3.1.3 Discontinuing Service for Nonpayment The Contractor may use axiy legal means, including appropriate lien rights, to enforce Customer payment obligations and may discontinue service to non-paying Customers provided that such Customers are provided with ten (10) days prior written notice that service will be discontinued for non- payment. The Contractor may charge a one-time twenty dollar ($20.00) cart redelivery fee to Customers who want to restart service who have previously had their service terminated for nonpayment and had carts removed. The cart redelivery fee shall be applied as a flat charge, regardless of the number of carts delivered (e.g. Garbage, Recyclables, and Compostables). 3.2 Compensation to the City The Contractor shall pay to the City an administrative fee on ar before the first day of each month during the term of this Contract, starting on March 1, 2010. The initial amount of the administrative fee shall be Twenty-two thousand, seven hundred and twenty dollars ($22,720) 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. The administrative fee may be changed by the City in any year, provided that the change in synchronized with the annual Contractor rate modification described in Section 3.3. The City shall notify the Contactor of the new administrative fee for the following year by September 1 St , and the Contractor shall itemize and include the appropriate adjustment in its Rate Adjustment Statement provided October l of each year. In the event that the administrative fee is adjusted, either up or down, the Contractor shall add or subtract an amount equivalent to the state excise tax (1.5% in 2009), as may be adjusted from time to time by the State of Washington. In the event that additional areas are annexed into the City, per Section 2.1.2, the Contractor shall submit three percent (3%) of revenues generated in those areas to the City as an additional administrative fee. For purposes of calculating this fee, the term "revenues" shall mean all Customer payments for services provided under this Contract, but shall not include taxes or revenues generated from the sale of recyclable materials. This additional administrative fee will be added to the regula� City of Federal Way 70 September 2011 Solid Waste Collection Contract administrative fee described above, and shall also be adjusted in accordance with Section 3.3. The Contractor shall retain contributions of the recycling revenue sharing funds generated in those annexed areas (previously paid to the County) as compensation for the additional administrative fee. In addition, the Contractor shall be responsible for payment of all applicable permits, licenses, fees and taxes as described in Section 6.13, Permits and Licenses. 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 once every year by the percentage change in the Consumer Price Index CWURA423SA0 for the Seattle-Tacoma-Bremerton Metropolitan Area for Urban Wage Earners and Clerical Workers, all items (Revised Series) (CPI-W 1982-1984) prepared by the United States Department of Labor, Bureau of Labor Statistics, or a replacement index (the "CPI Index"). Adjustments to the Contractor's collection service charge shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered when making adjustments. Rates shall be adjusted annually, beginning March l, 2011 (the "Adjustment Date"). The Contractor shall submit to the City for review and approval a Rate Adjustment Statement, calculating the new rates for the next year, by calculating the percentage change in the CPI Index for the most recent twelve (12) month period ending on August 30th. The Contractor's calculations shall be provided to the City no later than November 15 prior to the Adjustment Date and the City shall have thirty (30) days to confirm the Contractor's rate modification calculations. On City approval, which shall not be unreasonably withheld or delayed, the new rates shall take effect on Maxch 1 st of that year, and Customers shall be notified in January, at least forty-five (45) days prior to the date adjusted rates become effective. Should ratepayers not receive notification by mid-January due to missed deadlines, rate calculation errors by the Contractor, or rate disapproval by the City, implementation of the new rates shall be delayed by one month without opportunity for recovery of lost revenue. 3.3.2 Disposal Fee Adjustments Disposal Fee 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 City of Federal Way 71 September 2011 Solid Waste Collection Contract rates charged to Customers shall be adjusted, based on Container content weights specified in Attachment B of this Contract. Specific examples of rate modifications due to Consumer Price Index and disposal fee changes are provided in Attachment C. 3.3.3 Changes in Recyclables or Compostables Processing Sites and Tipping Fees The Contractor assumes all risk for the processing and marketing of Recyclables and Compostables. 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 Contraetor agree to negotiate in good faith any changes to the rates to offset these costs or savings. 3.3.4 Other Modifications The Contractor shall not adjust or modify rates due to employee wage increases, the value of Recyclables, Garbage collection service level shifts, or other changes affecting the collection system. At the time of the City's decision to extend this Contract through invoking contract extension options, the Contractor can present a request for relief for any adverse market changes that have occurred during the previous period of the Contract. The City is under no obligation to give consideration for those adverse changes as a condition for invoking the contract extension option. If new City, King County, Washington State or Federal taxes are imposed or the rates of existing ta�ces are changed after the execution da.te of this Contract, and the impact of these changes results in increased or decreased Contractor costs in excess of five thousand dollars ($5,000) annually, the Contractor and City shall 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. 3.4 Change 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 City of Federal Way 72 September 2011 Solid Waste Collection Contract 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 provision. Performance failures shall be discouraged, to the extent possible, through automatic and performance fees for certain infractions and through Contract default for more serious lapses in service provision. Section 4.1 details infractions subject to automatic or performance fees, and Section 4.2 details default provisions and procedures. 4.1 Performance Fees The Contractor may be subject to performance fees for the following acts or omissions if documented in an incident report presented by the City to the Contractor. The City reserves the right to make periodic, unscheduled inspection visits or use other means to determine the Contractor's compliance with the Contract. Deductions for misses will not be applied for collections prevented by weather or holiday rescheduling or collections missed due to labor disruptions during the first week of the disruption. Performance fees are as follows: Collection before or after the times specified Two Hundred Fifty Dollars ($250) per in Section 2.1.4, except as expressly truck route (each truck on each route is a permitted by the City. separate incident). Repetition of complaints on a route after Twenty-Five dollars ($25) per incident, notification, including, but not limited to, not to exceed thirty (30) complaints per failure to replace Containers in designated truck per day. locations, spilling, not closing gates, not replacing lids, use of profanity, creation of , excessive noise, collection of Commercial Containers outside hours specified herein for Residential areas, crossing or driving over planted areas, observed reckless driving, or similar violations. Failure to collect spilled materials. Twice the cost of cleanup to the City or King County, plus Five Hundred Dollars ($500) per incident. Failure to meet Section 2.1.14 model year Five Hundred Dollaxs ($500) per standards for regularly-used vehicles. This operating day that any out-of-compliance Performance Fee clause specifically covers City of Federal Way 73 September 2011 SoGd Waste CollecHon Contract two key requirements: (1) Contractor's vehicles are used by the Contractor. planned complete fleet replacement with new collection vehicles by December 31, 2012 and (2) ongoing compliance regarding overall fleet age. The due date for 2010 model year compliance for primary collection vehicles is December 31, 2012 after which time Performance Fees will be assessed. Performance Fees may be assessed at any time during the term of the contract in the event of Contractor lapses in any other contract requirements as specified for Equipment Age/Condition compliance. Failure to accurately tally, in the Contractor's Two Hundred and Fifty Dollars ($250) monthly reports, accumulated annual use of per monthly report omission. individual back-up vehicles by vehicle number and day used, per section 2.1.14. Use of individual diesel-fueled back-up Five Hundred Dollars ($500) per vehicle vehicles in excess of more than thirty (30) per day over its thirty day annual limit. calendar days per calendar year in violation of section 2.1.14. Failure to accurately report monthly Call Two Hundred Fifly Dollars ($250) per Center performance, and/or make monthly each monthly report omission and/or payments based on below standard monthly payment omission. performance. Failure to maintain placards on service Two Hundred Fifty Dollars ($250) per vehicles as required by Section 2.1.14 vehicle, per day. Curable Leakage from Contractor vehicles or Two Hundred Fifty Dollars ($250) per vehicle contents, observed by the City, its vehicle, per day, plus clean up costs. agents or photographed by Customers. Failure to collect missed materials within one One Hundred Dollars ($100) per incident (1) business day after notification. to a maximum of Five Hundred Dollars ($500) per truck per day on Single-Family Residence ro�tes and no maximum for Multi-Family Complex and Commercial City of Federal Way 74 September 2011 Solid Waste Collection Contract Customer routes. Missed collection of entire block segment of One Hundred Fifty Dollars ($150) per Single-Family Residences (excluding block segment if collection is performed collections prevented by inclement weather). the following day; Five Hundred Dollars ($500) if not collected by the following day. Collection as Garbage or disposal as Garbage One Hundred Dollars ($100) per incident, of Source-Separated Recyclables or up to a maximum of One Thousand Compostables in clearly identified Dollars ($1,000) per truck, per day. Containers, bags or boxes. Collection of Garbage containing visible Twenty-Five Dollars ($25) per incident. quantities of Yard Debris. Rejection of Garbage, Recyclables or Yard Twenty-Five Dollars ($25) per incident. Debris without providing documentation to the Customer of the reason for rejection. Failure to deliver Detachable Containers to Fifty Dollars ($50) per Container per day. new Commercial Customers within three (3) business days. Failure to deliver carts, Detachable Fifty Dollars ($50) per Container per day. Containers, or Drop-Box Containers within three (3) business days of request to Multi- Family Complex or Commercial Customers. Failure to deliver Garbage, Recycling or Fifteen Dollars ($15) per Container per day. Compostables Carts within seven (7) days of request to Single-Family Residence Customers. Substantial misrepresentation by Contractor in Five Thousand Dollars ($5,000) per incident. records or reporting. Failure to provide required reports on time. Two Hundred Fifty Dollars ($250) per incident. Failure to maintain clean and sanitary Containers, Fifty Dollars ($50) per incident, up to vehicles, and facilities. maximum of One Thousand Dollars ($1,000) per inspection. City of Federal Way 75 September 2011 Solid Waste Collection Contract ACTION OR OMMISSION AMOUNT Landfilling or incineration of Recyclables or One Thousand Dollars ($1,000) per Compostables in violation of Section 2.1.12 vehicle, per incident. without the express written permission of the City. Failure to meet recycling processing One Thousand Dollars ($1,000) per performance requirements of Section 2.1.12. month, for any occurrence during that month. Failure to include instructional/promotional Fifty Dollars ($50) per incident. materials when Garbage, Recycling and/or Compostables Carts are delivered. 4.2 The parties acknowledge the difficulty in anticipating actual damages to remedy the damage. The parties further agree that the performance fees listed in this Section represent a reasonable estimate of the loss likely to result from the remedy for the damage. 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, except for those listed breaches set forth above, the City reserves the right to exercise any and all remedies it may have with respect to these and other violations and breaches. The performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as described in Section 4.2. Performance fees, if assessed during a given month, shall be invoiced by the City to the Contractor. Performance fees may be levied only if documented in an incident report presented by the City to the Contractor. Performance fees shall only be assessed after the Contractor has been given the opportunity, but has failed to rectify the deficiencies of which it has been notified. The Contractor shall pay the City the invoiced amount within thirty (30) days of billing. Failure to pay performance fees shall be considered a breach of this Contract. Any performance fees imposed under this Section may be appealed by the Contractor to the City. The Contractor shall be allowed to present evidence as to why the amount of performance fees should be lessened or eliminated. The decision of the City shall be final. 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 City of Federal Way 76 September 2011 Solid Waste Collection Contract 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 Compostables, or fails to provide any portion of service under the Contract on March 1, 2010 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 performance fees 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 pwsue any remedy available at law for any default by the Contractor. In the event of default, the City shall give the Contractor 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 of its intent to exercise its rights immediately. If the Contractor cures the stated reason within the stated 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 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 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 any reason satisfactory to the City for noncompliance, and fails to correct the same, the City, after the initial ten (10) days 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 surety on its performance bond. Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue the services provided under this Contract. The surety may, at its option, within ten (10) days from such written notice, assume the services provided under this Contract that the City has ordered discontinued and proceed to perform same, at its sole cost and expense, in compliance with the terms and conditions of the Contract, and all documents incorporated herein. Pending consideration by the surety of said option to assume the services provided under this Contract, the City may employ such work City of Federal Way 77 September 2011 Solid Waste Collection Contract force and equipment as it may deem advisable to continue the services provided under this Contract. The cost of all labor, equipment and materials necessary for such services provided under this Contract shall be paid by the Contractor in full. In the event that the surety fails to exercise its option within the ten (10) day period, 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, Compostables 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 in collecting Solid Waste, Recyclables and Compostables in the City for the duration of this Contract; when provided, this Section applies to any replacement or substitute. Rent for the City's use of Contractor's Inventory shall be negotiated between the parties based upon the historical cost of the inventory less any accumulated depreciation. Disputes shall be resolved in accordance with this Contract. 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: Public Works Director City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 To Contractor: Public Sector Services Director Waste Management of Washington Inc. 720 4�' Avenue, Suite 400 City of Federal Way 78 September 2011 Solid Waste Collection Contract Kirkland, WA 98033 6. GENERAL TERMS 6.1 Collection Right The Contractor shall be the �xclusive provider with which the City shall contract to collect Garbage, Compostables and Recyclables and construction/demolition materials placed in Contractor-owned Containers and set out in the regular collection locations within the City Service Area. When asked by the Contractor, the City shall make a good faith effort 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. The Contractor may independently enforce its rights under this Contract against third party violators, including but not limited to seeking injunctive relief, and the City shall use good faith efforts to cooperate in such enforcement actions brought by Contractor (without obligating the City to join any such litigation). Such efforts may include but not be limited to cease and desist letters, assistance with documenting violations and other activities as City staff time allows. This contract provision will not apply to: Garbage, Recyclables or Compostables self-hauled by the generator; Source-Separated Recyclables hauled by common or private carriers (including drop-off recycling sites) from Commercial premises that contain at least ninety percent (90%) recyclable materials; construction/demolition waste hauled by self-haulers or construction contractors in the normal course of their business; Garbage, Recyclables or Compostables handled by retailers or maintenance services who provide ancillary services unrelated to Curb collection services (e.g. carpet installers, furniture delivery/pick-up, site clean-up services which include loading/sweeping, etc.); Compostables generated and hauled by private landscaping services; or Compostables hauled by common or private carriers from Commercial premises that contain at least ninety percent (90%) Compostable materials. The Contractor shall retain responsibility for Garbage, Recyclables, construction/demolition materials and Compostables 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 it gains from the sale of Recyclables, construction/demolition materials or Compostables. Likewise, a tipping or acceptance fee charged for Recyclables, construction/demolition materials or Compostables shall be the financial responsibility of the Contractor. The City shall work with the Contractor, other haulers and processors, and other regional governments to develop a reasonable definition of what constitutes legitimate construction/ demolition recycling for the purposes of interpreting collection authorities. Once a reasonable recycling threshold or "test" is developed with King County, the City and Contractor shall negotiate and amend this Agreement accordingly. City of Federal Way 79 September 2011 Solid Waste Collection Contract 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 inspection and copying for any reasonable purpose by the City. In addition, the Contractor shall, during the Contract term, and at least five (5) years thereafter, maintain in an office in Washington State 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. T'hose 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. The Contractor shall make available copies of certified weight slips for Garbage, Recyclables and Compostables on request within two (2) business days of the request. The weight slips may be requested for any period during the term of this Contract. 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 thereon, and the quantity of the work to be performed as set forth by the Contract. The Contractor agrees that it has satisfied itself based on its own investigation and research regarding all of such conditions, that its conclusion to enter into this Contract is based upon such investigation and research, and that it shall make no claim against the City because of any of the estimates, statements or interpreta.tions made by any officer or agent of the City that 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 cantinue to provide services under this Contract without additional compensation under whatever circumstances may develop other than as provided herein. City of Federal Way 80 September 2011 Solid Waste Collection Contract 6.4 Insurance The Contractor shall procure and maintain, for the duration of the Contract, insurance 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 hereunder by the Contractor, their agents, representatives, employees or subcontractors. The cost of such insurance shall be paid by the Contractor. Failwe to make insurance payments and to keep policies current shall be cause for contract default in accordance with Section 4.2. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 6.4.1 Minimum Scope of Insurance Contractor shall obtain insurance that meets or exceeds the following of the types described below: � (1) Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 O1 or a substitute form providing equivalent liability coverage. The policy shall be endorsed to provide contractual liability coverage. The City shall be named as an additional insured under the Contractor's Automobile Liability insurance policy with respect to the work performed for the City, using ISO additional insured endorsement CG 20 48 02 99 or a substitute endorsement providing equivalent coverage. (2) Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 O1 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor'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. City of Federal Way 81 September 2011 Solid Waste Collection Contract (4) Contractor's Pollution Liability insurance coverage ("occurrence" form) covering any claim for bodily injury, personal injury, property damage, cleanup costs and legal defense expense applying to all work performed under the contract. 6.4.2 Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: (1) Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. (2) Commercial General Liabilitv insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate and a$2,000,000 products-completed operations aggregate limit. (3) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (4) Contractor's Pollution Liabilitv insurance shall be written with limits no less than $3,000,000 combined single limit per occurrence for bodily injury, personal injury, property damage, cleanup costs and legal defense expense. 6.4.3 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. In the event the deductibles or self-insured retentions are not acceptable to the City, the City reserves the right to negotiate with the Contractor for changes in coverage deductibles or self- insured retentions; or alternatively, require the Contractor to provide evidence of other security guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.4.4 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability, and Contractor's Pollution Liability coverage: (1) The Contractor's insurance coverage shall be the primary insurance with respect to the City, its officials, employees and volunteers. Any Inswance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. City of Federal Way 82 September 2011 Solid Waste Collection Contract (2) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (3) The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4.5 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VIII. 6.4.6 Verification of Coverage The Contractor shall furnish the City with original certificates incluc�ing, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 6.4.7 Subcontractors T'he Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor in advance of work being performed by each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 6.4.8 ACORD Form The policy shall be endorsed to provide the following revised language at the bottom of the ACORD Form: Replace: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company shall endeavor to mail thirty (30) days written notice to the below named Certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company." With the following: "Should any of the above described policies be canceled, lapse, or be reduced as to coverage before the expiration date thereof, the issuing company shall mail thirty (30) calendar da.ys prior written notice to the below named Certificate holder and Additional Insured, the City of Federal Way, by certified mail." City of Federal Way 83 September 2011 Solid Waste Collection Contract 6.5 6.6 Performance Bond The Contractor shall provide and maintain a� all times 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 five hundred thousand dollars ($500,000.00). The bond, letter of credit or other similar instrument shall be issued for a period of not less than one 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 make bond payments and to keep the bond current shall be cause for contract default in accordance with Section 4.2. Indemnification :. 6.6.2 Indemnify and Hold Harmless The Contractor shall indemnify, hold hannless and defend the City, its elected officials, officers, employees, volunteers, agents and representatives, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorney's fees in defense thereof, or injuries, sickness or death to persons, or damage to property, which is caused by or arises out of the Contractor's exercise of duties, rights and privileges granted by the Contract, provided, however, that the Contractor's obligation to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from concurrent willful or negligent acts or actions of the Contractor and the City shall apply only to the extent of the Contractor's negligence. Notice to Contractor; Defense In the event an action is brought against the City for which indemnity may be sought against the Contractor, the City shall promptly notify the Contractor in writing. The Contractor shall have the right to assume the investigation and defense, including the employment of counsel and the payment of all expenses. On demand of the City, the Contractor shall at its own cost and expense defend, and provide qualified attorneys acceptable to the City under service contracts acceptable to the City to defend, the City, its officers, employees, agents and servants against any claim in any way connected with the events described in Section 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 City of Federal Way 84 September 2011 Solid Waste Collection Contract and costs of that counsel unless the Contractor has agreed otherwise. The Contractor shall control the defense of claims (including the assertion of counterclaims) against which it is providing indemnity under this Section, and if the City employs separate counsel the City shall assert all defenses and counterclaims reasonably available to it. 6.7 .: 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 officiais, 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. 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. 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 thereo fl prepared in performance of this Contract (the "documents") are public record 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 any such documents, it shall promptly notify the Contractor at the notice address set forth in Section 5 herein and upon the written request of the Contractor, received by the City within five (5) days of the mailing of such notice, shall postpone disclosure of the documents for a reasonable period of time as permitted by law to enable the Contractor to seek a court order prohibiting or conditioning the release of the documents. The City assumes no contractual obligation to enforce any exemption. City of Federal Way 85 September 2011 Solid Waste Collection Contract 6.9 Assignment of Contract 6.9.1 Assignment or Pledge of Moneys by the Contractor The Contractor shall not assign or pledge any of the moneys due under this Contract without securing the written approval of the surety on the performance bond and providing at least thirty (30) calendar days prior notice to the City of such assignment or pledge together with a copy of the surety's approval thereof. Such 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 cluties under this Contract without the prior written approval of the City and submittal of proof of insurance coverage. 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 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. Furthermore, the assignee, subcontractor or obligor shall be subject to a one (1) year evaluation period during which the City may terminate this Contract on the basis of any material breaches of the terms binding the Contractor. For the purposes of this contract, any Change in Control of the Contractor shall be considered an assignment subject to the requirements of this section. Nothing herein shall preclude the City from executing a novation, allowing the new ownership to assume the rights and duties of the contract and releasing the previous ownership of all obligations and liability. 6.10 Laws to Govern/Venue This Contract shall be governed by the laws of the State of Washington both as to interpretation and performance. Venue shall be in Superior Court in the State of Washington for King County. City of Federal Way 86 September 2011 Solid Waste Collection Contract 6.11 Compliance With Law The Contractor, its officers, employees, agents and subcontractors shall comply with 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. Such 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 and public contracts. 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. T'he Contractor is specifically directed to observe all weight-related laws and regulations in the performance of these services, including axle bridging and loading requirements. 6.12 Non-Discrimination T'he 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 non-discrimination 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. City of Federal Way 87 September 2011 Solid Waste Collection Contract 6.13 Permits and Licenses The Contractor and subcontractors shall secure a City business license if required and pay fees and taxes levied by the City. The Contractor shall have or obta.in all permits and licenses necessary to provide the services herein 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, including income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to the Gontractor's activities under the Contract, business and occupation taxes, workers' compensation and unemployment benefits. 6.14 Relationship of Parties The City and the Contractor expressly agree that the full extent of the relationship between the Contractor and the City is that the Contractor is at all times an independent contractor of the City with respect to this Contract. The implementation of services shall lie solely with the Contractor. No agent, employee, servant or representative of the Contractor shall be deemed to be an employee, agent, servant or representative of the City. 6.15 Contractor's Relationship with Customers The Contractor shall not separately contract with Customers for any services covered under this contract. The Contractor is specifically allowed to negotiate separate agreements with Customers for compactor leasing or other related services not included in this Contract, provided that Customers are provided separate invoices for those services and that the Contractor makes it clear to Customers that those services are not provided under this City Contract. These separate agreements must be in writing and shall in no way supersede this contract. These separate agreements cannot have durations any longer than the final date of this contract's term, since the City may, at its sole option, regulate similar or identical services in the successor to this Contract. 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 reta.in 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 City of Federal Way 88 September 2011 Solid Waste Collection Contract modify the terms and conditions of the Contract. The City may also renegotiate this Contract should any Washington State, King County or City rate or fee associated with the Contract be held illegal or any increase thereof be rejected by voters. In addition, the Contractor agrees to renegotiate in good faith with the City in the event the City wishes to change disposal locations or add additional services to the Contract and to provide full disclosure of existing and proposed costs and operational impacts of any proposed changes. This Contract may be amended, altered or modified only by a written amendment, alteration or modification, executed by authorized representatives of the City and the Contractor. 6.18 Force Majeure Provided that the requirements of this Section are met, Contractor shall not be deemed to be in default and shall not be liable for fail�re 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, freezing and earthquakes, civil disturbances, wars, blockades, public nots, explosions, unavailability of required materials or disposal restrictions, governmental restraint or other causes, whether of the kind enumerated or otherwise, that are not reasonably within the control of the Contractor ("Force Majeure"). If as a result of a Force Majeure event, 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. 6.19 Illegal Provisions/Severability At the discretion of the City, if any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 6.20 Waiver No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, and executed by the party a�ainst whom such 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 subsequent occasion or of any other right at any time. City of Federal Way 89 September 2011 Solid Waste Collection Contract 6.21 Entirety This Contract and the attachments attachea hereto and incorporated herein by this reference, specifically Attachments A-C, represent the entire agreement of the City and the Contractor with respect to the services to be provided under this Contract. No prior written or oral statement or proposal shall alter any term or provision of this Contract. WITNESS THE EXECUTION HEREOF on the day and year first herein �bove written. WASTE MANAGEMENT OF WASHINGTON, INC. / I� . Dean Kat� 720 4�' A� Kirkland, r ice President i e, Suite 400 A 98033 CITY OF �'EDERAL WAY i By: Skip Priest, ayor . PO Box 9718 Federal Way, WA 98063-9718 ATTEST: m. � City Clerk, Carol M. McNeilly, MC Attachments A. Service Area Map B. Contractor Rates C. Rate Modification Examples k:�contractt2010\10-003 a swr coQection amd 16nal.doc APPROVED AS TO FORM: �� City Attomey, Patricia A. Richardson 0 City of Federal Way 90 September 2011 Solid Waste Coltection Contract Attachment A Service Area Map City boundaries as of March 1, 2010 +Clty' t�f Fed+�rai F�d�r�l Vlf�y, way Wa� h i n�t�r n � �� i �,�,��, �� : �.�,►.�,�.�,� ��a �a � �.r. �a��: �� r iQ l l2 '1 1�1#13 t!U �rarr�rr`7 i! � ikY ;� _ 0 1Pd i !C►itprrript�a' � Page 1 of 5 Attachment B , 2010 Service Pounds Totai Level per Disposal Collection Service Count Unit Fee Fee Fee Weekly Weekly Can/Cart Service MulUfamity 1 20 Gallon Minican/Cart 23 13 $ 2.65 $ 9.90 $ 12.55 Can and 1 32 Gallon Can 742 18 $ 3.79 $ 10.64 $ 14.43 Cart 1 35 Gallon Cart 87 20 $ 4.15 $ 11.92 $ 76.07 1 64 Gallon Cart 6 37 $ 7.58 $ 13.97 $ 21.55 1 96 Gallon Cart 55 $ 11.37 $ 17.28 $ 28.65 Extra 32 Gallon CaNBa each 18 $ 0.87 $ 4.33 $ 5.20 IuIU-Family & Miscellaneous Fees (rates are per month un Commercial Retum Trip, per pick-up Car -Out Service (per can) Redelive Fee, per delivery Roll-Out Container >5', per each 10' increment Unlock Container (no lock fees apply to recyclii Gate Openin �.___ •.�-°°-- �----•--�� MF 8� Comm Organics Multifamily Detachable Container 5 picF 3 Cu. :� � 0 � � � 0 � � � $ 17.11 $ 5.18 $ ' 45.67 $ 1D.00 $ 1.23 $ 8.14 $ 9.37 $ 2.46 $ 16.28 $ 15.74 are sublect to - 243 $ 50.10 $ 115.04 $ 165.14 - 365 $ 75.15 $ 165.86 $ 241.01 - 487 $ 100.20 $ 216.65 $ 316.85 - B09 S 12525 S 287_45 '$ 3927a - 365 $ 75.14 $ 153.64 $ 228.78 - 548 $ 112.71 ;$ 221.91 $ 334.62 - 730 $ 150.28 $ 290.22 $ 440.50 - 913 $ 187.85 $ 358:48 $ 546.33 17 243 $ 50.10 $ 106.46 $ 156.56 14 487 $ 100.2Q $ 192.21" $ 292.41 1 730 $ 150.30 $ 277.96 $ .428.26 - 974 $ 200.40 $ 363.70 $ 564.10 - 1217 $ 250.50 $ 449.47 $ 699.97 22 365 $ 75.16 $ 137.18 $ 212.34 32 730 $ 150.32 $ 248.20 $ 398.52 7 1095 $ 225.48 $ 359.21 $ 584.69 - 1461 $ 300.64 $ 470.23 $ 770.87 - 1826 $ 375.80 $ 581.25 $ 957.05 43 487 $ 100.21 $ 162.29 $ 262.50 54 974 $ 200.42 $ 294.85 $ 495.27 9 1461 $ 300.63 $ 427.38 $ 728.01 - 1947 $ 400.84 $ 559.95 $ 960.79 Page 2 of 5 Page 3 of 5 Page 4 of 5 Attachment B Rates Effective March 1, 2070 Service Pounds Total Level per Disposal Collection 8ervice Service Level Count Unit Fee Fee Fee Level Daily Monthly Delivery Haul Service Level (based on pick ups) Count Rent Rent Charge Charge Multi-Famity Noncompacted Service Drop-box 10 Cu. Yd. Container 1 $ 34.85 $ 160.36 Collection 20 Cu. Yd. Container - $ 40.60 $ 179.22 25 Cu. Yd. Container 1 $ 46.34 $ 188.68 30 Cu. Yd. Container 1 $ 52.04 $ 198.10 40 Cu. Yd. Container 10 $ 63.48 $ 216.98 Noncompacted Service-Tem ' . 10 Cu. Yd. Container - $ 1,40 $ 37A5 $ 188.68 15 Cu. Yd. Container - $ 1.66. $ 37.45 $ 198.10 20 Cu. Yd. Container - $ 1.96 $ 37.45 $ 207.52 25 Cu. Yd. Container - $ 2.26 $ 37.45 -$ 216.98 30 Cu. Yd. Container 1$ 2:55. $ 37.45 $ 226.41 40 Cu. Yd. Container - $ 2.82 $ 37.45 $ 245.26 Compacted 3ervice 15 Cu. Yd: Container 0 $ 200.00 20 Cu. Yd. Container - $ 209.40 25 Cu. Yd. Container 3 $ 2�$•� 30 Cu. Yd. Container 4 $ 228.26 35 Cu. Yd. Container 10 $ 235.95 40 Cu. Yd. Container 2 $ 247.17 Note: Delivery Char es onl a ly to the initial delivery of tempora containers. ' They do not apply to dump and return of temporary containers. Commercial Service Level (based on pick ups) Drop-box Noncom cted Service Collection 10 Cu. Yd. Container $ 34.28 $ 141.44 20 Cu. Yd. Container 8 $ 39.99 $ 141.44 25 Cu. Yd. Container 2 $ 45.73 $ 141.44 30 Cu. Yd. Container 13 $ 51.43 $ 141.44 40 Cu. Yd. Container 3 $ 62.86 $ 141.44 Noncompacted Servlce-Temp. 10 Cu. Yd. Container 1$ 1.40 $ 37.45 $ 169.79 15 Cu. Yd. Container 1$ 1.66 $ 37.45 $ 169.79 20 Cu. Yd. Container 1$ 1.96 $ 37.45 $ 169.79 � 25 Cu. Yd. Container 1$ 2.26 $ 37.45 $ 169.79 30 Cu. Yd. CoMainer 2$ 2.55 $ 37.45 $ 169J9 40 Cu: Yd. Container 1$ 2.82 $ 37.45 $ 169.79 Compacted 3ervice , , , . : 10 Cu. Yd. Container 2 S 1��•s� 15 Cu. Yd. Container 7 $ 171 •67 20 Cu. Yd. Container 6 $ 171.67 25 Cu. Yd. Container 10 $ 171.67 30 Cu. Yd. Container 23 $ 171.67 35 Cu. Yd. Container 5 $ �» •6 40 Cu. Yd. Container 8 $ 171.67 Note: Delivery Charges only apply to the initial delivery of temporary containers. They do not apply to dump and retum of temporary containers. Additional Additional Services Y�� Services 8 Additional Milea e Char e Cha e Hourly Rates For Hauls to Other Sites - applies only to mileage over 10 miles each way Charge Per Mile $ 2•26 Solid Drop-box Lid - Additional Char e(per month) $ 22•86 Steam Cleaning (per Cu.Yd.) including return delivery after cleaning � 4•� Stand-By Time (per minute) > 5 minute wait $ 2•26 Hour�y Rates Rear/Side Load Padcer 8� Driver $ 105.18 FroM Load Packer& Driver $ 105 •�$ Drop Box Truck & Driver $ 105.18 Additional Labor (per person) $ 5 �•» Page 5 of 5 Attachment C Rate Modification Examples The collection and disposal components of the Customer charges listed in Attachment B will be adjusted separately, as appropriate. The collection component of Customer charges will be adjusted annually, pursuant to this Section and as described below. The disposal component of the Customer charges listed in Attachment B will be adjusted only if the City receives notification from the County of a pending disposal fee adjustment, and will not become effective until the new disposal charges become effective and are actually charged to the Contractor. Formulas for both collection and disposal rate adjustxnents are provided as follows: Collection Component Adjustment The collection component listed in Attachment B will be increased or deereased by the amount of the GPI change: NCC = PCC x 1+ �CPI — oCPl � oCPl Where NCC = The new collection chaxge component of the customer rate for a particular servi�e level; and PCC' = The previous collection charge component of the Customer rate for a particular service level; and nCPI = The most recent August CPI value; and oCPI = The CPI value used for the previous rate adjustment or, in the case of the first contract adjustment, the CPI �alue reported at the end of August 201U. Disposal Component Adjustment In the case of a disposal fee modification at County disposal facilities, the disposal companent of each service level will be adjusted as follows: Step 1: A=ODCx� OTF Step 2: NDC = A+[(A — ODC) x CETR] Where NDC = The new disposal charge component of the customer rate for a particular service level; and City of FederaI Way Attachments September 2011 NTF = The new disposal fee, dollars per ton; and ODC = The old disposal charge component of the customer rate for a particular service level; OTF = The old disposal fee, dollars per ton; and A = Pre-excise tax adjusted disposal component; and CETR = Current excise tax rate (the current State excise tax rate; 0.015 used for this example). For example, using the initial one 32-gallon can rate of $15.09 per month: if the previous CPI is 143.2, the new CPI is 1443 and the disposal fee will increase from $95 to $145 per ton starting on March 1, 2011, the old disposal component is $3.79, and the State Excise Tax rate is 0.015, the March 2011 Customer charge for one 32-gallon can per week Residential Curbside service would be: (144.3 —143.2) New Collection Component =$11.30 x[1 + 143.2 �-$11.39 New Dis�osal Component = L3.79_x_�105 / 95�]�lus excise tax --_ __ _ _ ___ ___ _. adjustment of $0.01 = $4.20 Thus, the new Customer charge for one 32-gallon can per week Residential Curbside service will be $11.39 plus $4.20, equaling $15.59. Monthly City Fee Adjustment T'he monthly City administrative fee will be adjusted in a similar format to the collection component adjustment described above. For Example: New Monthly City Fee =$22,720.00 x 1.0768 =$24,464.90 City of Federal Way Attachments September 2011 RETURN TO: � � EXT: a � � � CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING SLIP 1. ORIGINATING DEPT./DIV: �v 31..� c �.,� e�vLwS l S� �, � 2. ORIGINATING STAFF PERSON: �c�3 Vi1 N c'� 1Z S��..1 EXT: � 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) O PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.c. sormxELA�vnoccrMErrTS> ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#): � INTERLOCAL ,J�OTHER S o t. �� ,�/AS SEK.v i cE S 5. PROJECTNAME: � �2C�„ACaE (L�t�c Gchi3U�� } � �� Po��rc��i,�( Co�csKT��] caw�rriac-'�" 6. NAME OF CONTRACTOR: �.✓�4 S-t'•�, 6�� .� /�G, �M.� eVT o� tn//.J ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION �INSURANCE REQUIREMENTS/CERTIFICATE L�ALL OTHER REFERENCED EXHI ITS �PR F OF AUTHORITY TO SIGN � REQUIRED LICENSES ❑ PRIOR C NTRACT NDMENTS C�{Y �;�,�63000vo� B�E�p. ia../a��o S l.,►c.a.n�-�lo��l�5d • 5� i�aoto i 8. TERM: COMNIENCEMENT DATE: ?j �1 /l O COMPLETION DATE: 2 Zt3 l7 9. TOTAL COMPENSATION $ ��Q (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY L OR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑�s ❑ No ��s MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: � CONTR.ACTOR ❑ CITY 0 PURCHASING: PLEASE CHARGE TO: 10. DO UMENT/CONTRACT REVIEW ROJECTMANAGER / �@,tii C�'�IRECTOR/�'?} /Z. � �% SK MANAGEME (IF APPLICABLE� � �LAW 11. COUNCILAPPROVAL (IF �PLIC.e.BLE) INITIAL / DATE REVIE ED l2 l �^ � -v - COMMITTEE APPROVAL DATE: _�(� INITIAL / DATE APPROVED COUNCILAPPROVALDATE: 1'� t O 12. CONTRACT SIGNATURE ROUTING C�SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: �v 'li �" C�'ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFIC E, ICENSES, EXHIBITS /�,�13 dLAW DEPARTMENT C�f'SIGNATORY (Ctv1 e�e�t) ►�I�. C�7'CITYCLERK GYASSIGNED AG# C�SIGNED COPY y T� F� T3 � �� COMMENTS: f"�CeGC.�,��- D r � INITIAL / DATE SIGNED P 2 ��h �� _3�_p AG# L' " D�_� n o�. CF,NT: D�; n�.Q � �3�5 �� w!�� .�.� — _ ��"..�ARZUl�+ - - .� . �-.__.�..-�'.��'i�_;�G_trir�Jf[r>>.aa�1�s�.� \�'4J �� •■ " _ _ � �{/ COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT City of Federal Way and Waste Management of Washington, Inc. March l, 2010 — February 28, 2017 COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT 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 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8 2.1.9 2.1.10 2.1.11 2.1.12 2.1.13 2.1.14 2.1.15 2.1.16 2.1.17 2.1.18 2.1.19 2.1.20 2.1.21 2.1.22 2.1.23 2.1.24 2.1.25 CityService Area ........................................................................................... 6 Annexation....... ....................... ......... .. ..... ............................ ....... ........... ......... 6 Unimproved Public Streets and Private Roads .............................................. 8 Hours/Days of Operation ............................................................................... 8 EmployeeConduct ......................................................................................... 8 Disabled Persons Service ............................................................................... 9 HolidaySchedules .......................................................................................... 9 Inclement Weather and Other Service Disruptions ........................................ 9 Suspending Collection from Problem Customers ........................................ 11 MissedCollections .....................................................................:................. 11 SameDay Collection ...............................................................................:... 12 Requirement to Recycle and Compost ......................................................... 12 Routing, Notification and Approval ............................................................ 13 Equipment Age/Condition ........................................................................... 13 Container Requirements and Ownership ..................................................... 14 2.1.15.1 2.1.15.2 2.1.15.3 2.1.15.4 2.1.15.5 2.1.15.6 2.1.15.'7 Micro-Cans, Mini-Cans and Garbage Cans ............................... 15 Garbage, Recyclables and Compostables Carts ......................... 15 Detachable and Drop-Box Containers ....................................... 16 RecyclingCarts .......................................................................... 18 Ownership.................................................................................. 19 Container Colors and Labeling .................................................. l 9 Container Weights ..................................................................... 20 Spillage................................................................................ PilotPrograms ...................................................................... Disruption Due to Construction ........................................... Contractor Planning Assistance ........................................... Safeguarding Public and Private Facilities .......................... CompanyName .................................................................... Transition and Implementation of Contract ......................... Ongoing Coordination with City and Performance Review Disposal Restrictions and Requirements ............................. Direct Payment of Disposal Fees by City ............................ ........................ 20 ........................ 21 ........................ 21 ........................ 22 ........................ 22 ........................ 22 ........................ 22 ........................ 25 ........................ 26 ........................ 27 City of Federal Way i December 2009 Solid Waste Coilection Contract 2.1.26 Alternative Fuels: Biodiesel and Compressed Natural Gas (CNG) ............. 28 2.1.27 Violation of Ordinance ................................................................................ 28 2.2 Collection Services ............:........................................................................................ 29 2.2.1 Single-Family Residence Garbage Collection ............................................. 29 2.2.1.1 Subject Materials ....................................................................... 29 2.2.1.2 Collection Containers ................................................................. 29 2.2.1.3 Specific Collection Requirements .............................................. 29 2.2.2 Single-Family Residence Recyclables Collection ........................................ 3Q 2.2.2.1 Subject Materials ..................................:.................................... 30 2.2.2.2 Containers .................................................................................. 32 2.2.2.3 Specific Collection Requirements .............................................. 32 2.2.3 Compostables Collection ..............,.................................................:............ 33 2.2.3.1 Subject Materials ....................................................................... 33 2.2.3.2 Containers .................................................................................. 34 2.2.3.3 Specific Collection Requirements .............................................. 34 2.2.3.4 Food Scraps Collection .............................................................. 35 2.2.4 Single Family Bulky Waste Collectiori ........................................................ 35 2.2.4.1 Subject Materials ....................................................................... 35 2.2.4.2 Specific Collection Requirements .............................................. 36 2.2.5 Multi-Family Complex and Commercial Customer Garbage Collection .... 36 2.2.5.1 Subject Materials .........................................................:............. 36 2.2.5.2 Containers .................................................................................. 36 2.2.5.3 Specific Collection Requirements .............................................. 37 2.2.6 Multi-Family Complex Recyclables Collection ..........................................: 38 2.2.6.1 Subject Materials ....................................................................... 38 2.2.6.2 Containers ................................................•••............................... 38 2.2.6.3 Specific Collection Requirements .............................................. 39 2.2.6.4 Provision of Limited-Scale Recyclables Collection for Multi- FamilyCustomers ...................................................................... 39 2.2.6.5 Multi-Family Recycling Outreach and Incentives ..................... 39 2.2.7 Commercial Recycling Collection — Universal Cart-Based Recycling Collection Services, Other Commercial Services and Fee Cap ................... 40 2.2.7.1 Subject Materials ....................................................................... 40 2.2.7.2 Containers .................................................................................. 41 2.2.7.3 Specific Collection Requirements .............................................. 41 2.2.8 Multi-Family Complex and Commercial Customer Compostables Collection ...................................................................................................................... 42 2.2.8.1 Subject Materials ....................................................................... 42 City of Federal Way ii December 2009 Solid Waste Coltection Contract 2.2.8.2 Containers .................................................................................. 42 2.2.8.3 Specific Collection Requirements .............................................. 42 2.2.9 Drop-Box Container Garbage Collection .................................................... 43 2.2.9.1 Subject Materials ....................................................................... 43 2.2.9.2 Containers .................................................................. ................ 2.2.93 Specific Collection Requirements .............................................. 44 2.2.10 Temporary Container Customers ................................................................. 44 2.2.11 Municipal Service� ....................................................................................... 45 2.2.12 City-Sponsored Community Events ............................................................. 46 2.2.13 Mixed-Use Buildings ................................................................................... 47 2.2.14 Other Solid Waste Collection Services ........................................................ 47 2 .3 Management ................................................................................................................48 2.3.1 Responsibility of Participants ...................................................................... 48 23.1.1 Contractor's Responsibilities ..................................................... 48 2.3.1.2 City's Responsibilities ............................................................... 50 2.3.2 Customer Service and Billing ...................................................................... 51 23.2.1 Office Location .......................................................................... 51 2.3.2.2 Customer Service Requirements ................................................ 51 2.3.2.2.1 Customer Service Representative Staffing .............. 51 23.2.22 Service Recipient Complaints and Requests............ 52 2.3.2.23 Handling of Customer Calls ..................................... 53 2.3.2.2.4 Corrective Measures ........-•-• .................................... 54 2.3.2.2.5 Internet Website ....................................................... 54 2.3.2.2.6 Full Knowledge of Programs Required ................... 55 2.3.3 Contractor's Customer Billing Responsibilities .......................................... 55 2.3.4 Reporting ......................................................................................................58 2.3.4.1 Monthly Reports ........................................................................ 58 2 .3.4.2 Annual Reports .......................................................................... 59 23 .4.3 Ad Hoc Reports .......................................................................... 60 2.3.5 Promotion and Education ............................................................................. 60 2.3 .6 Field Monitoring .......................................................................................... 62 2.3.7 Transition to Next Contractor ...................................................................... 62 3. COMPENSATION ............................................................................................................... 62 3.1 Compensation to the Contractor ................................................................................. 62 3.1.1 Rates .............................................................................................................62 3.1.2 Itemization on Invoices ................................................................................ 63 3.1.3 Discontinuing Service for Nonpayment ....................................................... 63 3.2 Compensation to the City ............................................................................................ 63 City of Federal Way iii December 2009 Solid Waste Collection Contract 3.3 Compensation Adjustments ........................................................................................ 64 3.3.1 Annual Rate Adjustment .............................................................................. 64 3.3.2 Disposal Fee Adjustments ............................................................................ 64 3.3.3 Changes in Recyclables or Compostables Processing Sites and Tipping Fees ...................................................................................................................... 65 3.3.4 Other Modifications ..................................................................................... 65 3.4 Change in Law .....................................................................:...................................... 65 4. FAILURE TO PERFORM, REMEDIES, TERMINATION ............................................ 66 4.1 Performance Fees ........................................................................................................ 66 4.2 Contract Default .......................................................................................................... 69 4.3 Availability of Collection Vehicles ............................................................................. 70 5 . NOTICES .............................................................................................................................. 71 6 . GENERAL TERMS .............................................................................................................. 71 6.1 Collection Right .......:.................................................................................................. 71 6.2 Access to Records ....................................................................................................... 72 6.3 Contractor to Make Examinations .............................................................................. 73 6.4 Insurance ..................................................................................................................... 73 6.4.1 Minimum Scope of Insurance ...................................................................... 73 6.4.2 Minimuxn Amounts of Insurance ................................................................. 74 6.4.3 Deductibles and Self-Insured Retentions ..................................................... 75 6.4.4 Other Insurance Provisions .......................................................................... 75 6.4.5 Acceptability of Insurers .............................................................................. 75 6.4.6 Verification of Coverage .............................................................................. 75 6.4.7 Subcontractors ..............................................................................................75 6.4.8 ACORD Form .............................................................................................. 76 6.5 Performance Bond ....................................................................................................... 76 6.6 Indemnification ........................................................................................................... 76 6.6.1 Indemnify and Hold Harmless ..................................................................... 76 6.6.2 Notice to Contractor; Defense ...................................................................... 77 6.6.3 Industrial Insurance Immunity Waiver ......................................................... 77 6.7 Payment of Claims ...................................................................................................... 77 6.8 Confidentiality of Information .................................................................................... 78 6.9 Assignment of Contract .............................................................................................. 78 6.9.1 Assignment or Pledge of Moneys by the Contractor ................................... 78 6.9.2 Assignment, Subcontracting, Delegation of Duties and Change in Control 78 6.10 Laws to Govern/Venue ............................................................................................... 79 6.11 Compliance With Law ................................................................................................ 79 6.12 Non-Discrimination ................................:................................................................... 79 6.13 Permits and Licenses ...............................................................:................................... 80 6.14 Relationship of Parties ................................................................................................ 80 City of Federal Way iv December 2009 Solid Waste Collection Contract 6.15 6.16 6.17 6.18 6.19 6.20 6.21 Contractor's Relationship with Customers ................................................................ 80 Bankruptcy.............................................................................................................. 81 Right to Renegotiate/Amendment ............................................................................ 81 ForceMajeure .......................................................................................................... 81 Illegal Provisions/Severability ................................................................................... 82 Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Entirety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Attachment A: Service Area Map Attachment B: Contractor Initial Rates Attachment C: Rate Modification Example K:\CONTRACT�2010\SWR Collection 121509.doc City of Federal Way v December 2009 Solid Waste Collection Contract This solid waste collection contract is entered into by and between the City of Federal Way, a municipal corporation of the State of Washington ("City"), and Waste Management of Washington, Inc., a Washington corporation ("Contractor") to provide for collection of Garbage, Compostables, and Recyclables from Single-Family Residences, Multi-Family Complexes and Commercial Customers located within the City Service Area. (Each capitalized term is hereinafter defined.) The parties, in consideration of the promises, representations and warranties contained herein, agree as follows: RECITALS WHEREAS, the Contractor represents that it has the experience, resources and expertise necessary to perform the contract services; and WHEREAS, the Contractor currently provides solid waste service under contract with the City which will expire December 31, 2010; and WHEREAS, the City and Contractor have negotiated this new agreement with enhanced services to replace and supersede the previous contract prior to the previous contract's termination; and V�HEREAS, the City desires to enter into this contract with the Contractor for the Garbage, Recyclables and Compostables collection services; NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein contained, the City and Contractor do hereby agree as follows: DEFINITIONS Change in Control: Change in Control means any sale, merger, policy of assets, the issuance of new shares, any change in the voting rights of existing shareholders, or other change in ownership which transfers the 25% 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 a change in control. City: The word "City" means the City of Federal Way, King County, Washington. As used in the Contract, it includes the official of the City holding the office of the City Manager or her/his designated representative, such as the City's Director of Public Works. City Service Area: The initial City Service Area shall be the corporate limits of the City as of March 1, 2010. 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. City of Federal Way 1 December 2009 Solid Waste Coliection Contract Compostables: The word "Compostables" means Yard Debris and Food Scraps separately or combined. Compostables Cart: The term "Compostables Cart" means a Contractor-provided 35-, 64- or 96-gallon wheeled cart provided to Compostables collection Customers for the purpose of containing and collecting Compostables. Container: The word "Container" means any Micro-Can, Mini-Can, Cart, Detachable Container or Drop-Box Container owned and provided by the Contractor. Contractor: The word "Contractor" means Waste Management of Washington, Inc., which has contracted with the City to collect and dispose of Garbage and to collect, process, market and transport Recyclables and Compostables. Curb or Curbside: The words "Curb" ar"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, and mutually agreed to by the City and Contractor. Customer means all users of solid waste services. 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 coilection vehicle, transported to a disposal or recycling site, emptied and transported back to the Customer's site. Extra Unit: The term "Extra Unit" means excess material which does not fit in the Customer's primary Container. In the case of Garbage Containers under one cubic yard in capacity, an Extra Unit is 32-gallons, and may be contained in either a plastic bag or Garbage Can. In the case of Containers one cubic yard or more in capacity, and Extra Unit is one cubic yard. In the case of Residential Compostables collection, an Extra Unit sha11 be 96-gallons. Food Scraps: The term "Food Scraps" mean all Compostable pre- and post-consumer Food Scraps placed in a Compostables Cart, such as whole or partial pieces of produce, meats, bones, cheese, bread, cereals, coffee grounds or egg shells, and food-soiled paper such as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other paper or biodegradable products specifically accepted by the Contractor's selected composting site. Food Scraps shall not include large dead animals, plastics, diapers, cat litter, liquid wastes, pet wastes ar other materials prohibited by the selected composting facility. The range of materials handled by the Compostables collection program may be changed from time to time upon the approval of City of Federal Way 2 December 2009 Solid Waste Coltection Contract the City to reflect those materials allowed by the Seattle-King County Health Department for the frequency of collection provided by the Contractor. 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 or other receptacles for collection and disposal by the Contractor. The term Garbage shall not include Hazardous Wastes, Special Wastes, Source-Separated Recyclables or Compostables. Garbage Can: The term "Garbage Can" means a City-approved Container that is a water-tight galvanized sheet-metal or sturdy plastic Container not exceeding four (4) cubic feet or thiriy-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. Garbage Cart: The term "Garbage Cart" means a Contractor-provided 20-, 35-, 64- or 96- gallon wheeled cart suitable for household deposit, storage and Curbside placement and collection of Garbage. Garbage Carts shall be rodent and insect proof and kept in sanitary condition at all times. Hazardous Waste: The term "Hazardous Waste" means any substance that is: A. Defined as hazardous by 40 C.F.R. Part 261 and regulated as Hazardous Waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq•, as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seQ•; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements, similar to those required by Subtitle C of RCRA. B. Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely Hazardous Waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW. 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 Gaxbage, or such other site as may be authorized by the then current King County Comprehensive Solid Waste Management Plan. Micro-Can: The terrn "Micro-Can" means a water-tight plastic Container not exceeding ten gallons in capacity; fitted with two sturdy handles, one on each side; and fitted with a tight cover. City of Federal Way 3 December 2009 5otid Waste Collection Contract Mini-Can: The term "Mini-Can" means a water-tight plastic Container not exceeding twenty gallons in capacity; fitted with two sturdy handles, one on each side; and fitted with a tight cover. A 20-gallon Garbage Cart shall be considered a"Mini-Can" level of service. 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, w� or foil are excluded from the definition of Mixed Paper. Mixed-Use Building: The term "Mixed-Use Building" means a structure inhabited by both Residential and Commercial Customers. Multi-Family Complex: The term "Multi-Family Complex" means a multiple-unit Residence with multiple attached or unattached dwellings billed collectively for collection service. 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; motor oil, newspaper; recyclable plastic Containers that have contained non-hazardous products; polycoated or aseptic cartons; Scrap Metals and tin cans. Recycling Cart: The term "Recycling Cart" means a Contractor-provided 35-, 64- or 96-gallon wheeled cart suitable for household collection, storage and Curbside placement of Source- Separated Recyclables. Recycling Container: The term "Recycling Container" means a Contractor-provided Container suitable for on-site collection, storage and placement of Source-Separated Recyclables at Multi- Family Complexes and Commercial Customer locations. Residence/Residential: The words "Residence" or "Residential" mean a living space, with a kitchen, individually rented, leased or owned. Scrap Metals: The term "Scrap Metals" means ferrous and non-ferrous metals, 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 billed for collection service individually and located on a Public Street or Private Road. 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, Compostables and other materials. City of Federal Way 4 December 2009 Solid Waste Collection Contract 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. Yard Debris: The term "Yard Debris" means leaves, grass and clippings of woody, as well as fleshy, plants. Unflocked, undecorated holiday trees are acceptable. Materials larger than four (4) inches in diameter or four (4} feet in length are excluded. Bundles of Yard Debris up to two feet by two feet by four feet (2'x2'x4') in dimension shall be allowed and shall be secured by degradable string or twine, not nylon or other synthetic materials. Kraft paper bags and untied reusable plastic-mesh bags may also be used to conta.in extra Yard Debris. Shredded Compostable Mixed Paper may be included in Compostables Carts. City of Federal Way 5 December 2009 Solid Waste Collection Contract COMPREHENSIVE GARBAGE, RECYCLABLES AND COMPOSTABLES COLLECTION AGREEMENT This agreement (hereafter, "Contract") is made and entered into this Thirteenth day of January 2010, by and between the City of Federal Way, a municipal corporation (hereafter, "City"), and Waste Management of Washington, Inc, a WashingEon corporation (hereafter, "Contractor"). 1. TERM OF CONTRACT The term of this Contract is seven years, starting March 1, 2010, and expiring February 28, 2017. The City may, at its sole option, extend the agreer�ent for up to two (2) extensions, each of which shall not exceed two (2) years in duration. Any such extension shall be under the terms and conditions of this Contract, as 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 ninety (90) days prior to the expiration of the Contract term or the expiration of a previous extension. In the event that additional areas are annexed into the City on or before the termination of this Contract, those annexation areas shall continue to be serviced under the terms of this Contract for a seven (7) year period, starting on the date of annexation, in accordance with Section 2.1.2 of this Contract. 2. SCOPE OF WORK 2.1 General Collection System Requirements The Contractor shall collect, take title to and dispose of Garbage, Recyclables and Compostables according to the terms and conditions of this agreement; provided, that the Contractor shall not knowingly or as a result of gross negligence collect or dispose of Hazardous Waste or Special Waste as those terms are defined herein. T'he Contractor shall indemnify the City for any City damages cause by violation of this Section. To the extent identifiable, Customers shall remain responsible for any Hazardous Waste or Special Waste inadvertently collected and identified by Contractor. 2.1.1 City Service Area The Contractor shall provide all services pursuant to this Contract throughout the entire City Service Area. 2.1.2 Annexation If, during the term of the Contract, 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 City of Federal Way 6 December 2009 Solid Waste Collection Contract 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 aze not within the control of the Contractor. This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that their 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. The term during which the Contractor will service any future annexation areas shall be seven (7) years, notwithstanding the term set forth in Section 1 of this Agreement. 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, upon written notice from the City, Contractor agrees to make collections in such annexed areas in accordance with the provisions of this Contract at the unit price set forth in this Contract. The City acknowledges that equipment, such as trucks, carts and Containers, may take time to procure for distribution, and therefore, shall not penalize the Contractor for reasonable delays in the provision of services to annexed areas covered by this paragraph due to procurement delays that are not within the control of the Contractor. If a party other than the Contractor holds the WIJTC certificate for any such additional territory added to this Contract by •annexation, 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 Contractor's service in annexed territory under this Contract. Annexed areas Customers shall receive tne same Containers as used elsewhere in the City, in accordance with the provisions of this Contract. In the event where an annexed area is being serviced with Containers different from the City's program, the Contractor shall be responsible for timely Customer notification, removal and recycling of existing Containers and delivery of appropriate Containers to those Customers. City of Federal Way 7 December 2009 Solid Waste Collection Contract 2.1.3 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 and mutually convenient pick up location. If the Contractor believes that there is a probability of Private Road damage, the Contractor shall inform the respective Customers. Contractor may require a damage waiver agreement or decline to provide service on those Private Roads. The City shall review and approve the damage waiver form prior to its use with the Contractor's Customers. 2.1.4 Hours/Days of Operation All collections in Single-Family Residence, Multi-Family Complex and Mixed-Use Building 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 collection from Commercial Customers shall be made Monday through Saturday with the exception of Customers near areas zoned Residential, which shall be made only between the hours of 7:00 a.m. and 6:00 p.m. Exemptions may be granted in writing by the City to accommodate the special needs of Customers. City code noise restrictions, as amended from time to time, shall be applicable to collection services provided under this contract. 2.1.5 Employee Conduct The Contractor's employees collecting Garbage, Recyclables and Compostables 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 City of Federal Way 8 December 20Q9 Solid Waste Collection Contract does not concern them or their task at hand. While perfortning work under the Contract, employees shall wear a professional and presentable uniform with an identifying badge with photo and company emblem visible to the average observer. If any person employed by the Contractor to perform collection services is, in the opinion of the City, incompetent, disorderly or otherwise unsatisfactory, the City sha11 promptly 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 sha11 investigate any written complaint from the City 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, and related documentation shall be provided to the City. 2.1.6 Disabled Persons Service The Contractor shall offer carry-out service for Garbage, Recyclables and Compostables 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. These criteria shall comply with all local, state and federal regulations, and shall be subject to City review and approval prior to program implementation. 2.1.7 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 Compostables earlier than the regular collection day due to a holiday. Commercial collections may be made one day early only with the consent of the Commercial Customer. 2.1.8 Inclement Weather and Other Service Disruptions When weather conditions are such that continued operation would result in danger to the Contractor's staff, area residents or property, the Contractor shail collect only in areas that do not pose a danger. The Contractor shall City of Federal Way 9 December 2009 Solid Waste Coliection Contract notify the City of its collection plans and outcomes for each day that severe inclement weather is experienced as soon as practical that same business day. The Contractor shall collect Garbage, Recyclables and Compostables 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. Following notification to the City, the Contractor will be provided temporary authorization to perform collection services after 6:00 pm andlor 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 weeks in a row for a single collection day (i.e., Tuesday Customers}, 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.) If multiple days are missed due to inclement weather in multiple weeks, collections sha11 be made on the next regularly scheduled collection day. In the event of successive service disruptions impacting entire neighborhoods, Contractor may provide temporary Residential Garbage collection sites using driver-staffed Drop Box Containers or other suitable equipment, with no extra charge assessed for such temporary service. The inclement weather/disruption in service requirements in the preceding paragraph 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. Weather policies shall be included in program information provided to Customers. On each inclement weather day, the Contractor shall release notices to the local newspapers and radio stations (including the Seattle Times, Federal Way Mirror and KING AM, KIRO, KOMO and �KUOW radio stations) and the Contractor's website notifying residents of the modification to the collection schedule. The City may specify additional media outlets for Contractor announcements at its discretion. The Contractor shall also notify The Federal Way Mirror newspaper when the duration of an inclement weather event is long enough to warrant notice in that publication. The Contractor shall also notify the Federal Way Mirror newspaper when the inclement weather lasts for four days or more and affects the collection schedule. Contractor shall use automated dialing services to inform Customers at the route level about service changes, provided that Customers shall be provided the option of opting out of automated calls. City oT Federal Way 10 December 2009 Solid Waste Collection Contract When closure of roadways providing access or other non-weather related events beyond the Contractor's control prevent timely collection on the scheduled day, the �ontractor shall make collections on the first day that regular service to a Customer resumes, 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. Following notification to the City, the Contractor will be provided temporary authorization to perform collection services after 6:00 pm andlor on Saiurdays following such disruptions in order to finish collection routes. Delayed or interrupted collections as described in this Section are not considered service failures for purposes of Section 4.1. 2.1.9 Suspending Collection from Problem Customers The City and Contractor acknowledge that, from time to time, some Customers may cause disruptions or conflicts that make continued service to that 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 Compostables Carts properly, 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 such problems. The Contractor shall make every reasonable effort to provide service to those problem Customers. However, the Contractor may deny or discontinue service to a problem Customer if reasonable efforts to accommodate the Customer and to provide services fail. If the Customer submits a written letter to the City appealing the Contractor 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. 2.1.10 Missed Collections If Garbage, Recyclables or Compostables Containers are 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/or subject to performance fees due to lack of proper Customer notification. The failure of the Contractor to collect Garbage, Recyclables or Compostables that has been set out by a Customer in the proper manner City of Federal Way I1 December 2009 Solid Waste Collection Contract shall be considered a missed pick-up, and the Contractor shall collect the materials from the Customer on the same day if notified by 4:00 p.m. Monday through Friday, otherwise the collection shall occur on the next business day. The Contractor shall maintain an electronic database of all missed pick-ups (whether reported by telephone call or e-mail) and Contractor shall routinely note and provide corrective action to those Customers who experience repeated missed pick-ups Such records shall be made available for inspection upon request by the City and shall be included with monthly reports unless otherwise directed by the City. 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 4:00 p.m. on Friday), the Contractor shall collect the materials that day and shall be subject to performance fees. If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor, the Contractor shall be permitted to charge the Customer an additional fee for this service (a "return trip fee" at the rate specified in Attachment B), provided the Contractor notifies the Customer of this charge in advance. 2.1.11 Same Day Collection Gazbage, Recyclables and Compostables collection sha11 occur on the same regularly scheduled day of the week for Single-Family Residence Customers. The collection of Garbage, Recyclables and Compostables from Multi-Family Complexes and Commercial Customers need not be scheduled on the same day. 2.1.12 Requirement to Recycle and Compost The Contractor shall recycle or compost all loads of Source-Sepazated Recyclables and Compostables 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. The Contractor's residuals from the overall processing operations at the facility (including both City and non- City material) shall not exceed 5%. Recyclables in residual stream shall not exceed 2% of the inbound Recyclables. If more than 2% of inbound materials are found to be contaminants, the Contractor will develop a plan to determine which Customers are adding contaminants in their Recyclables and then provide a public education program to remedy the situation. The Contractor shall process Recyclables in such a manner as to minimize out-throws and prohibitives in baled material. Out-throws shall be less than 8%, prohibitives less than 1%-2% by weight of outgoing materials. City of Federal Way 12 December 2009 Solid Waste Collection Contract The Contractor shall remove 90% or more of the inbound contaminants for disposal. City staff shall be provided access to the Contractor's processing facilities at any time for the purposes of periodically monitoring the facilities' performance under this Section. Monitoring may include, but not limited to, taking samples of unprocessed Recyclables, breaking selected bales and measuring the out-throws and prohibitives by weight, taking samples of processed glass and metals, reviewing actual markets and use of processed materials, and other activities to ensure the Contractor's performance under this Section and to ensure that misdirected Recyclables and contamination are minimized. Obvious contaminants included with either Source-Separated Recyclables or Compostables sha11 not be collected, and shall be left in the Customer's Container with a prominently displayed notification tag (per Section 2.1.10) explaining the reason for rejection. 2.1.13 Routing, Notification and Approval The Contractor shall indicate, on a detailed map acceptable to the City, the day of the week Garbage, Recyclables and Compostables shall be collected from each Single-Family Residence. 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 must obtain advance written approval from the City. On the City's approval, the Contractor shall provide affected Customers with at least fourteen (14) days written notice of pending changes of collection day. The Contractor shall obtain the prior written approval from the City of the notice to be given to the Customer, and such approval shall not be unreasonably withheld. 2.1.14 Equipment Age/Condition All vehicles regularly-used by the Contractor shall be no more than ten (10) years old and shall be equipped with particulate traps, except that during 2011 and 2012 only, up to 30% of these vehicles may be over ten (10) years old. The Contractor shall replace the existing fleet with new vehicles during 2012 and 2013, and starting January l, 2014, all vehicles shall meet model year 2010 or later model year emissions standards. Back-up vehicles used fewer than thirty (30) operating days per calendar year shall not be subject to the age and emission standards that apply to regularly-used vehicles, but shall be presentable, in safe working order and shall be subject to all other conditions of this Section. The accumulated annual use of individual back-up vehicles shall be reported in the Contractor's monthly report. City of Federal Way 13 December 2009 Solid Waste Collection Contract All vehicles used in the performance of this Contract shall be maintained in a clean and sanitary manner, and shall be thoroughly washed at least 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, and warning flags, all in accordance with current statutes, rules and regulations. Equipment sha11 be maintained in good 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 liquid wastes (such as Garbage or Compostables leachate) or oils (lubricating, hydraulic or fuel) are discharged to Customer premises or City streets. Any equipment not meeting these standards shall not be used within the City until repairs are made. All liquid spills will be immediately cleaned to the City's and Customer's satisfaction. Unremediated spills and failure to repair vehicle leaks shall be subject to performance fees as provided in Section 4.1. All collection vehicles shall be labeled with signs on both the front and driver's side door and the rear of the vehicle which clearly indicate the vehicle inventory number. The Customer service 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 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. In addition, any vehicle regularly used in the City shall include a placard clearly visible at the rear of the vehicle. This placard will show, in lettering at least 12" high, an abbreviated truck designation number specific to Federal Way, for example FW-1, FW-2, etc., limited to a two digit numeral to aid in rapid identification of vehicles to allow more precise reporting and correction of any unsatisfactory condition related to specific vehicles. 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 communication equipment capable of reaching all collection areas. 2.1.15 Container Requirements and Ownership The Contractor shall procure and maintain a sufficient quantity of Containers to service the City's Customer base, including seasonal and economic variations in Container demand. Failure to have a Container City of Federal Way 14 December 2009 Solid Waste Collection Contract available when required by a Customer shall subject the Contractor to performance fees, as provided in Section 4.1. Customers may elect to own or secure Containers from other sources, and shall not be subject to discrimination by the Contractor in collection services on that account. However, Containers owned or secured by Customers must be capable of being serviced safely by the Contractor's collection vehicles to be eligible for collection. The Contractor sha11 provide labels and collection service for compatible Customer-owned Containers. The Contractor is not required to service Customer Containers that are not compatible with the Contractor's equipment. In the event of a dispute as to whether a particular Container is compatible, the City shall make a final determination. 2.1.15.1 Micro-Cans, Mini-Cans and Garbage Cans Any Customer may elect to use Customer-owned Garbage Cans or Contractor-owned Micro-Cans, Mini-Cans or Carts for Garbage collection service. In all cases, Customers will be directed to have at least one rigid Container as their primary Garbage Container. Plastic bags may be used for overflow volumes of Garbage, but not as a Customer's primary Container. If a Customer uses their own Garbage Can, Contractor crews sha11 be expected to handle the Container in such a way as to minimize undue damage. The Contractor shall be responsible for unnecessary or unreasonable damage to Customer-owned Containers, wear and tear excepted. 2.1.15.2 Garbage, Recyclables and Compostables Carts The Contractor shall provide Micro-Cans, Mini-Cans, and 35-, 64- and 96-gallon Garbage Carts for the respective level of Garbage collection; 35-, 64- or 96-gallon Recyclables Carts; and 35, 64- and 96-gallon Compostables Carts. All Carts shall be manufactured from a minimum of 10 percent (10%) post- consumer recycled plastic, with a lid that will accommodate a Contractor affixed instructional label. Carts shall be provided to requesting Customers within seven (7) days of the Customer's initial request. Failure to do so will result in performance fees as provided in Section 4.1. All wheeled cart manufacturers, styles and colors sha11 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 that visually depicts City of Federal Way 15 December 2009 Solid Waste Collection Contract allowed and prohibited materials suitable for the designated Cart either screened or printed on a sticker a�xed to the lid. All Contractor-owned wheeled carts shall: be maintained by the Contractor in good condition to allow material storage, handling, and collection; contain no jagged edges or holes; be equipped with functional 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 be labeled with 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 or burn). Contractor personnel shall note any damaged hinges, holes, poorly functioning wheels and other similar repair needs on Contractor-owned carts (including those for Garbage, Recycling and Compostables) and forward repair notices to the Contractor's service personnel. Cart repairs shall then be made within seven (7) days at the Contractor's expense. Any Cart that is damaged or missing on account of accident, act of nature or the elements, fire, or theft or vandalism by other members of the public shall be replaced no later than seven (7) business days after notice from the Customer or City. Replacement Carts may be new or used and reconditioned, and adl Carts shall be clean and appear presentable when delivered. Unusable carts shall be retrieved by Contractor, cleaned (if necessary) and recycled to the extent possible. In the event that a particular Customer repeatedly damages a Cart or requests more than one replacement Cart during the term of the Contract due solely to that Customer's 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, on the City's prior approval andlor may charge the Customer a City-approved Cart destruction fee no greater than half of the current new Cart replacement cost. 2.1.15.3 Detachable and Drop-Box Containers The Contractor shall furnish, deliver, and properly locate 1-, 1.5-, 2-, 3-, 4-, 6- and 8-cubic yard Detachable Containers, and 10-, 20-, 30- or 40-cubic yard uncompacted Drop-Box Containers to any Customer who requires their use for storage City of Federal Way 16 December 2009 Solid Waste Collection Contract and collection of Garbage, Recyclables or Compostables 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. Containers shall not be placed by Contractor, or kept for use by Customer, in any City Public Street. Any Container located in any City Public Street at any time is at the Contractor's risk and not the City's. Any Container located in City Public Right of Way is in violation of this section, and shall immediately be removed upon request by the City. Detachable Containers shall be: watertight and equipped with tight-fitting metal or plastic covers, which covers shall be closed by Contractor after every service; have four (4) wheels for Containers 2-cubic yards and under; be in good condition for Garbage, Recyclables or Compostables 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 functional winch system that is maintained in good repair. Each type of Detachable Container (i.e. Recyclables, Compostables or Garbage) shall be painted a color consistent with the program it is used for, subject to the requirements of Section 2.1.15.6, with color changes subject to the City's prior written approval. Containers shall be repainted as needed; or upon notification from the City. Detachable Containers shall be cleaned, reconditioned and repainted (if necessary) before being initially supplied, or returned after repair or reconditioning, to any Customer. 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. Containers on Customers' premises are at the Contractor's risk and not the City's. The Contractor shall repair or replace within twenty-four (24) hours any Container that was supplied by the Contractor if the City or a Health Department inspector determines that the Container fails to comply with reasonable standards or in any way constitutes or contributes to a health or safety hazard. Customers may elect to own, or self-provide, Containers from other sources, and shall not be subject to discrimination by the Contractor in collection services on that account. However, City of Federal Way 17 December 2009 Solid Waste Collection Contract any Containers owned ar self-provided by Customers must be compatible with Contractor's standard front load or Drop-Box Container collection vehicles. The Contractor is not required to empty or service Customer Containers that present a safety hazard or that are not compatible with the Contractor's equipment. In the event that a particular Customer repeatedly damages a Container due to that Customer's 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, on the City's prior approval. 2.1.15.4 Recycling Carts The Contractor shall provide Recycling Carts to new Customers within the City Service Area, including new Residences and annexation areas, as well as replacement Carts to existing Customers who request them because of loss, theft or damage. Carts shall be provided within seven (7) days of a Customer request. All distributed Recycling Carts 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 that visually depict allowed and prohibited materials suitable for the designated Cart either screened or printed on a sticker �xed to the lid, along with telephone and website contact information. All Recycling Carts sha11 be provided at the Contractor's sole expense. The Contractor shall provide 35- or 64-gallon Recycling Carts on request to those residents requiring less capacity than provided by the default 96-gallon Recycling Cart. In the event that a Customer intentionally damages or misuses their Recycling Cart, the Contractor may discontinue recycling service to that Customer, on the City's prior approval and/or may charge the Customer a City-approved Cart destruction fee no greater than half of the current new Cart replacement cost. City of Federal Way 18 December 2009 Solid Waste Collection Contract 2.1.15.5 Ownership On the termination of this Contract for any reason, all Contractor-supplied Garbage Carts, Recycling Carts and Compostables Carts purchased or obtained by the Contractor in performance of this contract, shall, at the option of the City, revert to City ownership without further compensation to the Contractor. Upon written notice, the City may elect to assign this ownership option to a third party. 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 Contractor's Containers are purchased or assigned, the sale price shall equal fifty percent (50%) of the average new price for each Container, based on the average price from three (3) manufacturers at the time of the termination. For the purposes of this transaction, the average prices sha11 include transportation from the manufacturer to the Contractor's closest service yard, but shall exclude sales or use taxes. 2.1.15.6 Container Colors and Labeling New and replacement Contractor-provided Recycling Carts shall be blue, Compostables Carts shall be grey, and Garbage Carts shall be green. Detachable Containers used for Garbage shall be green and a11 Detachable Containers used for Recyclables shall be blue starting June l, 2010 for Multi- Family Customers and August 31, 2010 for all Commerciai Customers. 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. Specific Container colors shall be approved by the City prior to the Contractor's order of new Containers. All Containers shall be labeled with up-to-date instructional information and contact information prior to delivery, including both a customer service phone number and a website address. All label designs shall be approved by the City prior to ordering City of Federal Way 19 December 2004 Solid Waste Collection Contract by the Contractor. The location of the label on the Containers shall be subject to the City's prior approval. Labels shall be replaced by the Contractor at no additional charge when faded, damaged, out-of-date, or upon City or Customer request. 2.1.15.7 Container Weights Micro-Cans shall not exceed twenty 20 pounds, Mini-Cans and 20-gallon Garbage Carts shall not exceed forty 40 pounds and Garbage Cans shall not exceed sixty (60) pounds in weight. Cart weights shall not exceed sixty (60) pounds for the 35- gallon size, one hundred-twenty (120) pounds for the 64-gallon size and one hundred-eighty (180) pounds for the 96-gallon size. No specific weight restrictions are provided for Detachable Containers, however, the Contractor shall not be required to lift or remove materials from a Detachable Container exceeding the safe working capacity of the collection vehicle. The combined weight of Drop-Box and contents must not cause the collection vehicle to exceed legal road weights. 2.1.16 Spillage All loads collected by the Contractor shall be completely contained in collection vehicies at all times, except when material is actually being loaded. Hoppers and tippers on all collection vehicles shall be operated so as to prevent any blowing or spillage of materials. Any blowing or spillage . of materials either caused by Contractor or that occurs during collection shall be immediately cleaned up by the Contractor at Contractor's expense. Prior to any collection vehicle leaving a collection route and/or operating on any roads with a. speed limit higher than 25 miles per hour, Contractor shall completely close any collection vehicle openings where materials may blow out, and thoroughly inspect for and contain any collected materials inadvertently spilled on top of the collection vehicle to prevent release or littering this material. Spillage not immediately cleaned up shall be cause for performance fees, as described in Section 4.1. All vehicles used in the performance of this Contract shall be required to carry regularly-maintained and fully-functional 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 any spillage or release of wind-blown materials, litter, or leaks of Contractor vehicle fluids or 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 City of Federal Way 20 December 2009 Solid Waste Collection Contract Contract. Prior to operating any vehicle in the City, all Contractor vehicle drivers shall be provided with hands-on training on the location, maintenance, and use of spill kits and associated containment and notification procedures. Such training shall be provided to all vehicle drivers at least annually. All Drop-Box loads (both open and compactor) sha11 be properly and thoroughly covered or tarped to prevent any spillage of material prior to Contractor vehicle entering any Private Road or Public Street. 2.1.17 Pilot Programs The City may wish to test and/or implement one or more changes to waste stream segregation, materials processing or collection technology, promotion of services, or collection frequency at some point during the term of the Contract. 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 intentions to utilize a new technology system on a City-wide basis. The costs (or savings) accrued by any City-initiated pilot programs shall be negotiated prior to City-wide implementation. The Contractor shall coordinate with the City and participate fully in the design, roll-out, operation and troubleshooting of such pilot programs. 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 negotiations prior to City-wide implementation at the City's request. Contractor-initiated surveys are allowed of businesses and/or Residences to gather information about generic service preferences or to access pilot program options or outcomes, provided that all related data and analysis is shared with the City. 2.1.18 Disruption Due to Construction The City reserves the right to construct any improvement or to permit any such construction in any street or alley in such manner as the City may direct, which may have the effect 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 Compostables to the same extent as though no interference existed upon the streets or alleys normally traversed. This collection shall be done at no extra expense to the City or the Contractor's Customers. City of Federal Way 21 December 2009 Solid Waste Collection Contract 2.1.19 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 or their representatives. 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 Compostables removal areas and their location upon the site of the proposed construction or remodeling project. Contractor planning assistance for optimizing loading docks, enclosures, compactor equipment, and other similar structures or areas shall also be available for existing Customers when adjusting Garbage, Recyclables and Compostables services. Contractor planning assistance shall be provided within two working days. 2.1.20 Safeguarding Public and Private Facilities The Contractor shall be obligated to protect all public and private improvements, facilities and utilities whether located on public or private property, including street Curbs. If such improvements, facilities, utilities or Curbs are damaged and such damage is primarily attributable to the Contractor's operations, the Contractor shall notify the City immediately in writing of a11 damage, and the Contractor shall 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 and become the responsibility of the Contractor. 2.1.21 Company Name The Contractor shall not use a firm name containing any words implying municipal ownership without prior written permission from the City. 2.1.22 Transition and Implementation of Contract The Contractor shall work with the City to design and distribute promotional materials to Customers throughout the City. This information is designed to provide information about the City's programs (and any service changes) and to inspire interest from the community in actively participating in the programs. The Contractor shall, at its expense, provide the following: (1) Single Family Residential Customers. a. By February 15, 2010 the Contractor shall mail a letter and a brochure describing the City's services and new rates to all Residential Customers in the City. Specific emphasis shall be placed on the City's Compostables coliection program. This City of Federal Way 22 December 2009 Solid Waste Collection Contract brochure shall also include waste reduction information and alternatives for hard-to-recycle materials. (2) Commercial Customers. a. By March 30, 2010 the Contractor shall have visited all Commercial Customers in the City to provide information on the City's new commercial recycling program and to audit current and potential service levels. Auditors sha11 provide information on the City's new "no-charge" single stream cart-based recycling program and cost savings associated with the program. Food waste composting, larger commercial recycling Container and CFL recycling options shall also be discussed during these visits. b. All participating Commercial Customers shall be provided with brochures and posters about proper recycling techniques. c. By March 30, 2010 the Contractor shall have delivered properly labeled blue Recycling Carts to all Commercial Customers interested in single stream recycling. The Contractor shall then provide the City with a complete list of businesses and addresses visited, noting which ones received Recycling Carts and/or Recycling Detachable Containers as a result of the Contractor's visit. d. By August 31, 2010 all green Recycling Carts and Recycling Detachable Containers shall be replaced with blue Recycling Carts or Recycling Detachable Containers. e. In accordance with Section 2.3.5., before the last day of January each year, the Contractor shall provide the City with a complete listing in an approved electronic format of all Commercial Customers and Multi-Family Complex Customers, including business name, contact name, address, Garbage and recycling service volume and frequency and any other pertinent information that may assist the City in targeting additional City- initiated outreach. (3) Multi-Family Customers. a. Site Visits. By April 30, 2010, the Contractor shall have visited each Multi-Family Complex in the City. Additionally, the Contractor shall work with the City to ensure communication with each complex by April 30"' of each year of the contract. This might be through a mailing or on-site visit, with up to 10% of complexes provided with on-site visits each year. The City of Federal Way 23 December 2009 Solid Waste Collection Contract Contractor shall provide information about the City's recycling programs and shall work to obtain/distribute contact information for ongoing/follow-up visits. During these site visits, the Contractor shall: i. Audit service levels and provide information on potential cost savings associated with increased recycling. ii. Ensure that all Recycling and Garbage Carts and Detachable Containers are labeled correctly. iii. Arrange for the replacement of any green Recycling Carts or Detachable Containers with blue Recycling Carts or Detachable Containers by May 30, 2010. iv. Provide recycling related posters and brochures for Multi-Family Complexes. v. Update or establish contact information for ongoing communication. vi. Provide the City with a report of the outcomes from these site visits. b. Recycling Champions. Contractor shall work with property managers at Multi-Family Complexes across the City to identify recycling "champions" in multi-family buildings to monitor recycling and waste collection activities, provide ongoing education to tenants, and communicate with the property manager about any key issues. Contractor sha11 coordinate with City staff and consultants to provide the technical support, materials, and resources they need to create and maintain successful recycling programs in their buildings. c. Public Education. By March l, 2010, WM shall develop specific public education materials for Multi-Family Complexes. This information shall be delivered during site audits and mailed to managers, as appropriate. (4) City Wide. At a date in April 2010 to be determined by the Contractor and the City, Contractor shall organize and implement a City-wide "Block Party" to highlight to the City's programs. Publicity shall include a mailer, advertising in the Federal Way Mirror, and promotion in WM invoices and on the wmnorthwest.com website. City of Federal Way 24 December 2009 Solid Waste Collection Contract (5) Other. a. Additional staffing shall be provided for Contractor Customer service lines to accommodate Customer questions, Residential service level shifting requests, and Commercial Customer Container orders during the transition period. b. The Contractor shall implement and provide the City with the new Commercial Recycling fee schedule (for Customers subscribing to service volume above two Recycling Carts) to conform to the Fee Cap specified in Section 2.2.7 by March 1, 2010. c. By March 1 2010, the Contractor shall provide a detailed analysis of current level of compliance with "Evergreen Fleets" and current fleet equipment age, condition, fuel type, and emissions control compliance to allow the City to assess and track Contractor progress toward achieving equipment requirements as specified in Section 2.1.14 and 2.1.26. d. Provide for City review the initial draft Annual Service Updates in accordance with Section 2.3.5 before September l, 2010. The above dates may be shifted earlier upon permission of the City, provided that Customers receive new Containers in a way to minimize confusion. All Container decals, cart imprints and materials provided by the Contractor to Customers shall be reviewed and approved by the City in advance of production or distribution. 2.1.23 Ongoing Coordination with City and Performance Review The Contractor's supervisory staff shall be available to meet with the City at the City's offices on request as well as on a monthly schedule to discuss and resolve operational and Contract issues. The City may, at its option, conduct periodic performance reviews of the Contractor's performance under 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 Contractor's route and Customer service data, billing information, safety records, equipment, facilities and other applicable items. The City's scope of review under this provision is intended to focus on analysis of the Contractor's performance and Contract compliance. City of Federal Way 25 December 2Q09 Solid Waste Collection Contract The results of the performance review shall be presented to the Contractor and a plan for addressing any deficiencies shall be provided to the City within two (2) weeks of the Contractor's receipt of the review. The Contractor shall analyze and correct in good faith any deficiencies found in its performance under this Contract, including broader implementation of corrections that extend beyond the limited data or scope of a performance review to bring Contractor into more complete Contract compliance. The Contractor's corrective 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 implement and sustain actions that correct deficiencies. Failure to complete correction of deficiencies as outlined in the plan and/or failure to initiate good faith corrective actions within thirty (30) days shall constitute a failure to perform subject to performance fees as defined in 4.1. Further, the City, at its sole option, may then provide the Contractor with six (6) months notice of contract termination. The Contractor shall continually monitor and evaluate all operations to ensure compliance with this Contract. At the request of the City, the Contractor shall report its own findings from internal monthly performance measures for collection, customer service and maintenance functions. The City shall determine which of the Contractor internal performance management measures are relevant to addressing any particular deficiencies and the Contractor shall continue to report those measures until notified in writing by the City. In addition, Contractor personnel involved in the collection of Compostables and/or Recyclables shall be required to attend a minimum of two (2) trainings per year to allow City and Contractor representatives to present highlights of promotional and service initiatives, while providing personnel an opportunity to offer feedback or suggest improvements based on their own observations. 2.1.24 Disposal Restrictions and Requirements All Garbage collected under this Contract, as well as residues from processing Recyclables and Compostables, shall be delivered to the King County Disposal System, unless otherwise directed in writing by the City. Garbage containing obvious amounts of Yard Debris shall not knowingly be collected and instead prominently tagged with a notice informing the Customer that King County does not accept Yard Debris mixed with Garbage for collection. Contractor's knowing collection of Garbage mixed with visible Yard Debris shall be grounds for performance fees as provided in Section 4.1. City of Federal Way 26 December 2009 Solid Waste Collection Contract The Contractor shall not be required to collect hazardous materials that are either restricted from disposal or would pose a danger to collection crews. If materials are rejected for this reason, the Contractor shall leave a written notice with the rejected materials listing why they were not collected and providing the Customer with a contact for further information about proper disposal options. The Customer shall remain responsible for all costs associated with handling and disposal of hazardous materials inadvertently collected by Contractor. Garbage 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 Garbage to a private processing facility, the Contractor shall chazge the Customer no more than the equivalent Garbage disposal fee at a King County Disposal System transfer station and shall charge hauling fees no higher than provided for in Attachment B. 2.1.25 Direct Payment of Disposal Fees by City Upon 180 days written notice, the City may elect to pay disposal directly fees directly to King County. If the City elects to pay disposal fees directly, the Contractor shall: (1) Ensure that Garbage routes serving City Customers handle only City Garbage and not Garbage from Customers in other jurisdictions; (2) Properly train and supervise its collection crews to properly use City disposal cazds at County facilities, and to reconcile loads delivered by Contractor's crews with the disposal invoice provided by King County (3) Track and report disposal quantities by route and average Container weights by Container size each month; (4) Formalize a separate billing agent addendum to this Contract which details the financial and legal relationship between the Contractor (billing agent) and the City (client), including how receivables are handled and how the City handles disbursement to the Contractor and the County; (5) Reduce its overall compensation by: (a) the amount of the disposal fee plus 1.5% (excise tax), based on the unit weights listed in the then current Attachment B of this Contract and (b) an overall reduction in current service component fees initially equal to $275,0000 and adjusted annually in accordance with Section 3.1 of this Contract; and City of Federal Way 27 December 2009 Solid Waste Collection Contract (6) Participate in a City funded and managed Container weight study to be conducted no more than once every three years of the Contract, the results of which will be used to update the disposal fee components listed in Attachment B of this Contract. If the City elects to pay disposal directly, the City shall release the Contractor from financial responsibility for disposal payments for City Garbage, provided that the Garbage has been collected only from applicable City Customers in accordance with this Contract. 2.1.26 Alternative Fuels: Biodiesel and Compressed Natural Gas (CNG) The Contractor shall use 20% sustainable-rated biodiesel fuel in its diesel vehicles used in the performance of this Contract. The percentage requirement may be met either by using a 20% blend fuel in all diesel vehicles during March-October and 5% during November-February, or using a higher percentage in specific vehicles to achieve the same result. The Contractor may request permission from the City to temporarily or permanently discontinue biodiesel use if the Contractor is unable to reasonably obtain biodiesel or has continued unresolvable operating problems directly related to the use of biodiesel. 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. The Contractor shall maintain all vehicles used in Federal Way in a manner intended to achieve reduced emissions and particulates, noise levels, operating costs, and fuel use. By December 31, 2013, the Contractor's entire fleet used in Federal Way shall meet certification criteria established via the Puget Sound Clean Air Agency Evergreen Fleets Program. Compressed Natural Gas (CNG) vehicles shall replace diesel vehicles to the extent practical. Upon request, the Contractor shall provide documentation and/or provide access for verification that its fleet meets the requirements of this section. 2.1.27 Violation of Ordinance The Contractor shall report in writing immediately to the City any observed violation of the City's ordinances providing for and regulating the Containerization, collection, removal and disposal of Garbage, Recyclables and Compostables. City of Federal Way 28 December 2009 Solid Waste Collection Contract 2.2 Collection Services 2.2.1 Single-Family Residence Garbage Collection 2.2.1.1 2.2.1.2 2.2.1.3 Subject Materials The Contractor sha11 collect all Garbage placed Curbside for disposal by Single-Famiiy Residence Customers in and adjacent to Micro-Cans, Mini-Cans, Garbage Cans or plastic bags (for Extra Units) and/or Contractor-owned Garbage Carts. The Contractor shall offer carry-out service to disabled Customers at no charge (per Section 2.1.6) and to all other Customers for the appropriate service level rate, plus the carry- out surcharge, in accordance with Attachment B. If a Customer is either eligible for, or subscribes to, carry-out service, cany- out service shall be provided for all three collection streams (Garbage, Recyclables, and/or Compostables) without duplicate surcharges. Collection Containers The Customer's primary Container must be a Micro-Can, Mini- Can, Garbage Can or Garbage Cart. Plastic bags may only be used for Extra Units, not as the Customer's primary Container. Micro-Can, Mini-Can and Cart rental fees shall be embedded in the respective rate charged for the level of service and not separately charged or itemized. Micro-Cans, Mini-Cans and Garbage CarCs shall be delivered by the Contractor to Single-Family Residence Customers within seven (7} days of the Customer's initial request. Specific Collection Requirements The Contractor shall offer regular weekly collection of the following service levels: (1) �2) (3) (4) (5) One 10-gallon Micro-Can; One 20-gallon Mini-Can or Garbage Cart; One 35-gallon Garbage Cart; One 64-gallon Garbage Cart; and One 96-gallon Garbage Cart. City of Federal Way 29 December 2009 Solid Waste Collection Contract On request, the Contractor shall also offer Customers monthly collection of one 32-gallon Garbage Can with no putrescible wastes, at a rate equal to the weekly Micro-Can service level. Customers subscribing at this service level will continue to receive regularly scheduled Curbside recycling service. Cany-out charges shall be assessed only to those Customers who choose to have the Contractor move Containers to reach the collection vehicle at its nearest point of access. An Extra Unit charge may be assessed for materials loaded so as to lift a Cart lid in excess of six (6) inches from the normally closed position. The Contractor may� charge for an overweight Container at the Extra Unit rate, provided that the Customer agrees in advance to pay for the Extra Unit rate, otherwise, the Container sha11 be left at the Curb with Customer notification as to why it was not collected. The Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of a11 Extra Unit fees. All Extra Units 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 Extra Units 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. Collections sha11 be made from Single-Family Residences on a regular schedule on the same day and as close to a co,nsistent time as possible. Customers shall place Containers on or abutting Public Streets or Private Roads. T'he Contractor may tag inappropriately placed Containers and may discontinue service in the event of persistent inappropriate Container placement. 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 will not place Containers on streets, sidewalks, public pathways, or in places that block vehicle access to any driveways, mailboxes, or similar structures. 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 City of Federal Way 30 December 2009 Solid Waste Collection Contract Residences that are placed in Contractor owned Carts or are boxed or placed in a paper bag next to the Customers' Recycling Cart. Recyclables must be prepared as follows and uncontaminated with food or other residues: Aluminum Cans: All aluminum cans that are placed in the Recycling Cart. Corrugated Cardboard: All corrugated cardboard boxes smaller than three (3) feet square, and placed in or next to the Customer's Recycling Cart. Corrugated cardboard boxes larger than three (3) feet square must be flattened by Customer prior to collection. Glass Containers: All colored or clear jars and bottles that are rinsed and have lids removed. Fluorescent and incandescent light bulbs, ceramics and window glass are excluded. Mixed Paper: All Mixed Paper. Motor Oil: Up to three gallons of motor oil that is free from contaminants and placed in screw-top plastic jugs, labeled with the Customer's address and placed next to the Customer's Recycling Cart. Newspaper: All newspaper and advertising supplements that are deliver�d with newspapers. Plastic Containers: All plastic bottles, jugs and tubs. Other plastics, automotive or other hazardous product Containers, and lids are excluded. 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. City of Federal Way 31 December 2009 Solid Waste Collection Contract Tin Cans: 2.2.2.2 2.22.3 City of Federal Way Solid Waste Collection Contract All food and beverage tin cans with labels removed. Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining adequate inventories of, and distributing and maintaining Recycling Carts. The default Recycling Cart size shall be 96-gallons for new Customers, provided that the Contractor sha11 offer and provide 32/35- or 64-gallon Recycling Carts on request to those Customers requiring either less or additional capacity than provided by the standard 96-gallon Recycling Cart. Recycling Carts shall include a recycling/program brochure when distributed. 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. Specific Collection Requirements Single-Family Residence Recyclables collection shall occur every-other-week on the same day as each household's Garbage and Compostables collection. Single-Family Residence Recyclables collection shall occur during the hours and days specified in Section 2.1.4. Collections shall be {nade 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 prepazed Single- Family Residence Recyclables from Garbage Customers. No limits shall be placed on set-out volumes, except in the case when extremely large quantities of commercially-generated materials are consistently set out at a Single-Family Residence. In this case, the Contractor shall request the resident to use a larger Recycling Cart or use commercial recycling services for the excess volumes. If the resident 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 32 December 2009 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. 2.2.3 The Contractor shall collect properly packaged used motor oil from Single-Family Residential Customers. The Contractor may refuse to collect used motor oil from any Customer for any one of the following reasons: 1) the oil was not packaged in a leak proof, plastic jug or bottle, securely sealed with a screw- cap; 2) the packaged oil contained substances other than used motor oil; 3) the packaged oil leaks in any way 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 for any of these reasons, a tag outlining the reason for rejection shall be left with the oil. The City and Contractor shall cooperate on monitoring the quality of Recyclables set out for collection. Either party may inspect or sample set-out or collected Recyclables. Any deficiencies in Recyclables quality observed by City or Contractor's staff shall require educational follow-up by the Contractor to encourage maximum quality and marketability. Educational follow-up shall range from a minimum of a notice ticket or "oops tag" to involvement of management staff from either the City or Contractor as appropriate. The Contractor shall provide on-call collection to up to twenty (20) Residences each month. This service is intended to address Customers who move in or move out of their Residence during on off week and have excessive amounts of Recyclables which require immediate collection during their "off week." The Contractor shall notify the City of a request (unless the City initiates the request) and shall include the dates and addresses of all Customers receiving this service in the Contractor's monthly report. Compostables Collection 2.23.1 Subject Materials Compostables sha11 subscription basis Residences. be collected each collection cycle on a from all participating Single-Family City of Federal Way 33 December 2009 Solid Waste Collection Contract Contaminated or oversized 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. 2.2.3.2 2.2.3.3 City of Federal Way Solid Waste Collection Contract Containers A 96-gallon Compostables Cart shall be provided to all Compostables collection subscribers. The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintairung Compostables Carts. Compostables Carts shall be labeled with instructional information, in accordance with Section 2.1.15.6. The default Compostables Cart size shall be 96-gallons, with 32/35- and 64-gallon sizes available upon request. Extra Yard Debris material that does not fit in the initial Compostables Cart shall be bundled or placed in Kraft bags or Customer-owned Garbage Cans labeled for Yard Debris. Customers choosing to use their own Containers for excess Yard Debris shall be provided durable stickers by the Contractor that clearly identify the Container's contents as Yard Debris. Compostables Carts shall be delivered by the Contractor to . Customers within seven (7) days of the Customer's initial request. Redelivery fees shall be charged only to those Residential Customers that cancel and then restart Compostables Cart collection service within seven months of cancellation. In order for this fee to be applicable, Contractor must notify each Customer at the time they request service cancellation. The Contractor may charge a ten dollar ($10.00) Compostables Cart cleaning and deodorizing fee, per occurrence, for each Compostables Cart cleaned and redelivered to existing Compostables collection subscribers upon their request. Specific Collection Requirements Compostable materials shall be collected weekly on the same scheduled service day as Garbage collection during the months of March through November, and every-other-week during the months of December, January, and February from all Single Family Residences who subscribe to Compostables service. The City and Contractor shall coordinate scheduling of the 34 December 2009 specific service weeks during the months of December, January, and February to m�imize collection efficiency and convenience for residents. Compostables in excess of 96 gallons may be charged as Compostables Extra Units in 96 gallon increments in accordance with Attachment B. [r.�►.�c�! Unflocked, undecorated, natural holiday trees (Christmas Trees) will be collected at no additional cost on the first full week of scheduled Compostable materials collection each year from all single family and multi-family Residences in the City. 'The Contractor sha11 collect 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 and will not place Containers on streets, sidewalks, public pathways, or in places that block vehicle access to any driveways, mailboxes, or similar structures. Information detailing collection and service schedules as specified in Section 2.22.3 and Section 2.2.3.3 shall be included in the Annual Service Update as specified in Section 2.3.5. Food Scraps Collection The Contractor shall accept uncontaminated Food Scraps included and/or mixed with Yard Debris ("Compostables") in Yard Debris Carts for Single Family Residential Customers who subscribe to Compostables Collection service. If the City elects to provide kitchen Food Scrap Containers, the City shall arrange and separately pay for Container distribution, either through the Contractor or another source. The range of materials handled by the Food Scraps collection program may be changed from time to time upon the 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 Waste Collection 2.2.4.1 City of Federal Way Solid Waste Collection Contract Subject Materials On-call Bulky Waste collection shall he offered, and shall be provided at the rates listed in Attachment B. Collected 35 December 2009 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 waste such as couches, mattresses, white goods and other oversized materials must occur during the hours and days specified in Section 2.1.4, with the exception that Saturday collection is permissible if it is more convenient for Customers. The Contractor's crews shall make collections in an orderly and quiet manner. 2.2.5 Multi-Family Complex and Commercial Customer Garbage Collection 2.2.5.1 2.2.5.2 City of Federal Way Solid Waste Cotlection Contract Subject Materials The Contractor shall collect all Garbage set out for disposal by Multi-Family Complex and Commercial Customers in acceptable Containers as designated in Section 2.2.5.2. Containers The Contractor shall provide Containers meeting the standards described in Section 2.1.15. Multi-Family 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) cubic-yard non-compacted Detachable Containers, and compacted or non-compacted Drop-Box Containers. T'he Contractor may also lease or sell compacted Drop-Box Containers and Drop-Box and Detachable Container Compactors to Customers outside of this Contract at rates negotiated between the Customer and the Contractor. Materials in excess of Container capacity or the subscribed service level shall be collected and properly charged as Extra Units at the rates listed in Attachment B. The Contractor shall develop and maintain route lists in sufficient detail to allow accurate recording and charging of all Extra Units and documentation of service irregularities such as damaged or blocked Containers. All Ea�tra Units and service irregularities shall be documented with a date and time stamped photograph. 36 December 2009 The Contractor may use either or both front-load or rear-load Detachable Containers to service Multi-Family 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 at that Customer's site. Contractor-owned Containers shall be delivered by the Contractor to requesting Multi-Family Complex and Commercial Customers within three (3) days of the Customer's initial request. Customers shall properly care for Containers on the Customer's property, shall use reasonable efforts to protect such Containers from graffiti or negligent misuse and shall not use such Containers for other than their intended purpose. 2.2.5.3 Specific Collection Requirements Commercial Garbage collection shall be made available to Multi-Family Complex and Commercial Customers daily, Monday through Saturday, during the times specified in Section 2.1.4. Collection at Multi-Family sites shall be limited to the same hours as Single-Family Residence collection. Collections shall be made on a regular schedule on the same day and 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 ten (10) foot increments only to those Customers for whom the Contractor must move a Container over five (5) feet from an enclosure to reach the collection vehicle at its nearest point of access. Extra charges may be assessed for materials loaded so as to lift the Garbage Can, Garbage Cart of Detachable Container lid in excess of six (6) inches from the normally closed position. Customers may request extra collections and sha11 pay a proportional amount (e.g. one pick-up per week rate divided by 4.33 weeks per month) of their regular monthly rate for that service. City of Federal Way 37 December 2009 Solid Waste Collection Contract 2.2.6 Multi-Family Complex Recyclables Collection 2.2.6.1 2.2.6.2 City of Federal Way Solid Waste Coilection Contract Subject Materials The Contractor shall provide adequate Container capacity and collect all Recyclables from Multi-Family Complexes that are prepared in a manner similar to that described for Single- Family Residence Recyclables in Section 2.2.2.1., with the exception of used motor oil. This embedded recycling collection shall occur at no extra charge from base Garbage collection. The Contractor will tag contaminated Containers, but will not collect the contaminated load as Garbage and not charge the resident or property manager a fee for contamination unless notification and correction procedures as specified by the City are completed. Containers The Contractor sha11 be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Recycling Carts. 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. Recycl.ing Carts shall be labeled with recycling collection requirements in accordance with Section 2.1.15.6 when distributed. The City may require that combination or common-keyed locks and multiple keys be provided by Contractor at no extra charge to limit co�tamination of Recycling Carts or Recycling Detachable Containers. At larger Multi-Family Complexes, the Contractor may use Detachable Containers for recycling collection provided that they are completely painted blue per Section 2.1.15.6, clearly distinguished from Containers used for Garbage or Compostables collection and are equipped with City-approved prominent identifying and instructional labels. Upon notice, Contractor is required to equip these with Detachable Containers with special slotted recycling lids provided by the City. Recycling Carts and Containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. Multi-Family Complex Recycling 38 December 2009 Carts shall be relabeled periodically in accordance with Section 2.1.15.6. 2.2.6.3 2.2.6.4 2.2.6.5 City of Federal Way Solid Waste Collection Contract Specific Collection Requirements Multi-Family Complex recycling collection shall occur weekly or more frequently, as needed, during the hours and days specified in Section 2.1.4 for Multi-Family Complex collection. Collections shall be made on a regular schedule on the same day(s) of the week 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. After emptying Containers shall be replaced in the same location as found. Multi-Family Complex Recycling Customers shall not be charged lock, gate or roll-out fees. 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 total recycling capacity for the Multi-Family Complex site. Provision of Limited-Scale Recyclables Collection for Multi- Family Customers Upon request, Contractor shall provide clearly distinguished recycling Containers and Recyclables Collection service at no cost to individual residents and/or maintenance staff of Multi- Family Complexes in cases when recycling is not sanctioned by the property management company for the entire complex. The City will maintain the list of residents with limited-scale Recyclables Collection and coordinate service with the Contractor. The Contractor will provide collection service for the Containers on a weekly schedule at no extra charge. The resident will be responsible for ensuring the Recycling Container is clean and set-out where the Contractor can service it. The Contractor will tag contaminated Containers, but will not collect the contaminated load as Garbage and not charge the resident or property manager a fee for contamination. Multi-Family Recycling Outreach and Incentives The Contractor shall provide ample copies of current recycling guidelines upon request of the City or Customer. The Contractor shall assist the City in the development and 39 December 2009 implementation of an annual recycling outreach and incentive plan. The plan shall include, at a minimum, a description of planned programs, tasks assignments between the City and Contractor and support costs where appropriate. Public Education will play an important role in this process. The Contractor and the City shall work together to conduct workshops, visit with Customers, and develop and implemerit a high quality public education campaign. The outcomes and results of these efforts will be tracked and reported to the City by the Contractor. 2.2.7 Commercial Recycling Collection — Universal Cart-Based Recycling Collection Services, Other Commercial Services and Fee Cap Any Commercial Customer may receive up to two 96-Gallon Recycling Carts collected weekly as part of their Garbage collection service at no additional charge. Commercial Customers who require additional recycling collection service may subscribe separately with the Contractor or another service provider for that service at market rates. The Contractor shall provide those additional services at rates negotiated between the Contractor and the Commercial Customer provided that the following fee cap will apply: the combined fee for separate Garbage, Recyclables and Compostables collection services may not be any greater than the equivalent monthly Garbage fee for that same volume of material. The provision of fee-based Commercial Recycling shall comply with the service and billing standards of this Contract, but at market rates subject to the combined fee cap described above. 2.2.7.1 Subject Materials The defined list of Recyclables, with the exception of used motor oil or large amounts of Scrap Metal, 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 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 driver shall notify their dispatcher, and the dispatcher shall contact the Customer with specific instructions for Customer to prepare the rejected materials for collection service or authorization to collect the material as Garbage for the regular Garbage City of Federal Way 40 December 2009 Solid Waste Collection Contract collection fee. Contractor shall notify the City immediately, through use of dispatch or route management staff, if repeated contamination occurs in Recyclables set out by any Commercial or Multi-Family Customer. 2.2.7.2 2.2.73 City of Federal Way Solid Waste Collection Contract Contractor shall notify the City immediately when any Commercial or Multi-Family Customer requests reduction or elimination of any Recyclables collection service, to afford the City the opportunity to act as a customer retention agent on behalf of the Contractor. Contractor is required to remind such Customers that City resources are available to help resolve recycling service issues. Contractor will not discontinue these services or remove Containers from Customer premises until the City has reviewed conditions and provided suggestions for retaining the Customer. Containers Contractor-supplied Recycling Containers shall be used for collecting Commercial Recyclables. Recycling Carts and Recycling Detachable Containers shall be distinguished from Compostables or Garbage Container colors per Section 2.1.15.6 and shall include prominent identifying labels that provide directions for the preparation of the materials to be placed in the Cart or Container. At larger businesses, the Contractor may use Detachable Containers or Drop-Box Containers for Recyclables collection provided that they are distinguished from Containers used for Garbage collection and are equipped with prominent identifying labels. Contractor-owned Containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. Specific Collection Requirements Commercial Recyclables collection shall be offered 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 streets where no alleys are present. Containers shall be replaced in the same location after emptying. 41 December 2009 Commercial Recyclables collection Containers and service may be ordered by the Commercial Customer, the City, or the City's contracted technical assistance consultant, provided that the Contractor sha11 not be required to provide Commercial Recyclables collection to an unwilling party. F�►�:3 Multi-Family Complex and Commercial Customer Compostables Collection 2.2.8.1 2.2.8.2 2.2.8.3 Subject Materials The Contractor shall provide Compostables collection services to Multifamily Complexes and Commercial Customers on a subscription fee basis, in accordance with the service level selected by the Customer. � Contaminated or oversized Composta.bles materials rejected by the Contractor sha11 be tagged in a prominent location with an appropriate problem notice explaining why the material was rejected. The Contractor's dispatcher will contact Customers with specific instructions for Customer to make the rejected materials suitable for collection service. Containers The Contractor shall be responsible for ordering, assembling, affixing instructional information onto, maintaining inventories of, and distributing and maintaining Compostables Carts and Detachable Containers. Extra Yard Debris material that does not fit in a Compostables Cart or Detachable Container shall be bundled or placed in Kraft bags or Customer-owned 32-gallon (maximum) Containers labeled `yard'. Compostables Carts and Detachable Containers shall be delivered by the Contractor to new Multi-Family Complexes or Commercial Customers within three (3) days of the Customer's initial request. Specific Collection Requirements Compostables shall be collected from Multi-Family Complex and Commercial Customers at the same frequency schedule for Single-Family Customers. Collections shall be made bn a regular schedule on the same day(s) and as close to a consistent time as possible. City of Federal Way 42 December 2009 Solid Waste Collection Contract The Contractor shall collect Containers at defined Multi- Family Complex or Commercial Customer Container spaces. The Contractor's crews shall make collections in an orderly and quiet manner, and shall return Containers with their lids closed and attached to their set out location. 2.2.9 Commercial and Multi-Family Customers using Compostables Collection service for Food Scraps collection with Seattle-King County regulations for Commercial Food Scraps collection and the materials being Source-Separated must be identical to those accepted in the Residential Food Scraps collection program. Those regulations 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 biodegradable kitchen Container bags or Cart liners as part of the basic collection service. Commercial and Multi-Family Compostables Cart service shall be charged at the same rates as Single-Family Residential service. Compostables in excess of the subscribed Container size may be charged as Extra Units in 96-gallon increments, with each Extra Unit equaling 96 gallons. Commercial and Multi-Family Customers who require Detachable Container Compostables coliection service may subscribe separately with the Contractor or another service provider for that service at market rates. The provision of fee- based Commercial Compostables collection in Detachable Containers shall comply with the service and billing standards of this Contract, but at market rates subject to the combined fee cap described above. Drop-Box Container Garbage Collection 2.2.9.1 2.2.9.2 Subject Materials The Contractor shall provide Drop-Box Container Garbage collection services to Multi-Family Complex and Commercial Customers, in accordance with the service level selected by the Customer. Containers The Contractor shall provide Containers meeting the standards described in Section 2.1.15. Both Customer-owned and City of Federal Way 43 December 2009 Solid Waste Collection Contract Contractor-owned Drop-Box Containers shall be serviced, including Customer-owned compactors. Contractor-owned Containers shall be delivered by the Contractor to requesting Customers within three (3) days of the Customer's initial request. 2.2.9.3 Specific Collection Requirements Single-Family Residence, Multi-Family Complex and Commercial Customer Drop-Box Container collection must occur during the hours and days specified in Section 2.1.5. Collection of Drop-Box Containers in Single-Family Residence and Multi-Family Complex areas and multi-use buildings containing Multi-Family 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 ca11. 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. Mileage fees shall be assessed only when Customer-directed disposal/recycling sites are more than ten (10) road miles by the shortest route from a particular Customer's location, and then only on the additional mileage above twenty (20) miles round- trip. The Contractor shall obtain prior permission from the Customer to use disposaUrecycling sites which would result in additional mileage charges. 2.2.10 Temporary Container Customers The Contractor shall provide temporary 2-, 4-, and 6-cubic yard Detachable Containers and 10-, 20-, 30-, and 40-cubic yard Drop-Boxes to Single- Family Residence, Multi-Family Complex and Commercial Customers on an on-call basis. Temporary service shall include all Customers requesting Conta.iner service of less than ninety (90) days duration, including existing Customers on permanent service who temporary request an extra Container for less than ninety (90) days. The charges for temporary Detachable Container service listed in Attachment B shall include deliver, collection and disposal. Disposal charges for temporary Drop-Box Containers shall be billed in addition to the delivery, rental and hauling charges listed in Attachment B. Rental charges shall be itemized and charged separately, at City of Federai Way 44 December 2009 Solid Waste Collection Contract the rates listed in Attachment B. The Contractor may charge a 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 Municipal Services The Contractor shall provide weekly and temporary Garbage, Recyclables, and Compostables collection services to all City municipal facilities, without charge. Those facilities include, but are not limited to the following: �, � � � r �z P �� ` � �� N ��, � s� ,.y Ci Facilities: Federal Wa Ci Ha11 33325 8�' Avenue S Evidence Buildin 600 S 333rd Street Federal VVa Communi Center 876 S 333rd Street Steel Lake Maintenance Facili 31132 28th Avenue S Dumas Ba Center 3200 SW Dash Point Road Parks: Adelaide 30619 16th Avenue SW Alderbrook 32730 17th Avenue SW Alderdale 2700 SW 340th Place � BPA Trail 1100 S 324th Street Camelot O en S ace 29200 45th Avenue S Cedar Grove 2200 S 333rd Street Celebration 1095 S 324th Street Coronado 2501 SW 349th Place Dash Point Hi hlands 5300 SW 324th Street Dash Point Trian le 31200 SW Dash Point Road Dumas Ba 30844 44th Avenue SW Federal Wa Ent Si n 2800 S 320th Street Fisher's Pond 31850 7th Avenue SW French Lake 3 I 531 1 st Avenue S Herita e Woods 28200 24�' Place S H lebos / Bluebe Farm 630 S 356th Street H lebos / Historic Cabins 34915 4th Avenue S Lake Grove 833 SW �08th Street City of Federal Way 45 December 2009 Solid VWaste Collection Contract Lake Killarne 3500 We erhaeuser Wa S Lakota 31334 SW Dash Point Road Laurelwood 2301 S 292nd Street Madrona 1500 SW 356th Street Minor Lake 915 S 315th Street Ol m ic View 2900 SW 330th Street Palisades 5039 SW Dash Point Road Panther Lake O en S ace 65Q SW Cam us Drive Saca'awea 1401 S Dash Point Road Sa halie 33914 19th Avenue SW Steel Lake / Steel Lake Annex 2410 S 312th Street SW 312th S orts Court 100 SW 312th Street Wed ewood 3913 SW 337th Street West Cam us Trail 200 S 320th Street Wildwood 2315 S 300th Street At any time during the term of this Contract, the City may add facilities in addition to those listed above. Additional 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 that the number of facilities increases by more than 10% above those listed above, the Contractor's rates shall be adjusted to reflect the increased cost to Contractor in providing such services. On occasion, the City will pay the Contractor in accordance with charges listed in Attachment B for services that involve a third party, when such third party accumulates Garbage as part of performing services for the City. For example, disposal of roof replacement debris removed from a City facility. Regular Garbage generated on an ongoing basis at all City facilities will otherwise be collected by the Contractor without charge to the City. 2.2.12 City-Sponsored Community Events The Contractor shall provide Garbage and Recycling services for City- sponsored special events at no charge to the City or users. Container capacity shall be coordinated with event staff to ensure that sufficient Container capacity and collection frequency is provided by the Contractor. These events shall include, but not be limited to: • Federal Way Festival Days (Summer regional community festival) City of Federal Way 46 December 2009 Solid Waste Collection Contract • Han Woo-Ri (Korean-American Festival) • Red, White and Blues (Independence Day Festival) • Buds and Blooms (gardening show event) � Federal Way Farmers Market At any time during the term of this Contract, the City may add City- Sponsored Community Events in addition to those listed above, provided that if the City adds more than one event every two (2) years, the Contractor may negotiate compensation for those additional events. In the event that the total volume of materials collected by Contractor from City- Sponsored Community Events increases by more than 20% above the baseline volume for such events established at the outset of this Contract, then Contractor's rates shall be adjusted to reflect the increased cost to Contractor in providing such services. 2.2.13 Mixed-Use Buildings Service in Mixed-Use Buildings shall be apportioned between Residential and Commercial Customers. � Residential Customers shall be provided Single-Family or Multi-Family Recyclables collection and shall be charged the appropriate Residential rates for their portion of Garbage collection service. Commercial Customers shall pay only their regular Commercial rates which exclude the component for Recyclables collection above the basic Cart Recyclables collection service. The Contractor and/or property manager shall apportion Garbage service according to usage to ensure Mixed-use Building Customers are charged equitably for collection services. In the case of a dispute, the City shall intervene and the City's decision shall be final. 2.2.14 Other Solid Waste Collection Services The Contractor may occasionally provide other regularly scheduled services related to solid waste collection in the City not specifically delineated under this Contract. In that event, the Contractor shall use current rates approved by the WUTC under the Contractor's Waste Management — South Sound and Waste Management of Seattle Tariff 21 for the service provided. If the intended services are not covered by either this Contract or the Contract's WiJTC tariff, the Contractor sha11 notify the City and propose a Customer rate for the service. Upon approval of the City, the Contractor may proceed to offer that service. City of Federal Way 47 December 2009 Solid Waste Collection Contract 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 sha11 be responsible for: • Collecting Garbage in the City Service Area and delivering the Garbage to the King County Disposal System, unless otherwise directed by the City, and shall ensure that the Contractor handles Garbage in accordance with the City's interlocal agreements governing solid waste management. • Collecting construction/demolition waste in the City Service Area and delivering the waste to fully permitted recycling, disposal or transfer sites in compliance with King County's Comprehensive Solid Waste Management Plan. • Collecting, processing Compostables collected Service Area. and marketing Recyclables and by the Contractor in the City • Providing cart and Container assembly, maintenance, painting, stickering/labeling and re-stickering/labeling and delivery services listed or required in this Contract. • Performing customer service, including 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 to bills, if requested by the City. • Procuring a11 equipment and bearing all start-up, operating maintenance, and transition costs for collection and processing or disposal of Garbage, Recyclables and Compostables, 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, maintain and distribute equipment and related customer service functions. City of Federal Way 48 December 2009 Solid Waste Collection Contract • 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 the City for review and approval prior to release. • Complying with all applicable laws. • M�eting 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. • 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. • 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 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 the change taking place. • Submitting prompt notices to the media regarding modifications to the collection schedule due to inclement weather. • Maintaining Containers, vehicles and facilities in a clean, properly labeled and sanitaxy 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. City of Federal Way 49 December 2009 Solid Waste Collection 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 within twenty-four (24) hours of the termination. 2.3.1.2 City's Responsibilities Consistent with the responsibilities set forth otherwise in this Contract, the City shall be responsible for: • Overall project administration and 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 approvi�g all written or other informational materials used in the City 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 Federal Way 50 December 2009 Solid Waste Collection Contract 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, correlating service levels to current invoices, all Customer billing, and maintaining and regularly updating a user-friendly website. These functions shall be provided at the Contractor's sole cost, with such costs included in the Customer charges (see 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 and phone number, specifically 253-833-3333 for use during this contract as the Contractor's primary customer service line. On the termination of this Contract for any reason, the Contractor shall relinquish its rights for use of this phone number to the City or its assignee, effective the day of termination. The Contractor's office hours shall be open at a minimum from 8 a.m. to 5 p.m. daily, except Saturdays, Sundays and recognized 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 contact such representative, available at said 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 shalI maintain sufficient staff to answer and handle complaints and service requests from multiple incoming telephone calls simultaneously: If incoming telephone calls necessitate, the Contractor shall City of Federal Way 5] December 2009 Solid Waste Collection Contract 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 contract performance criteria 2.3.2.2.2 The Contractor shall provide additional st�ng during the transition and implementation period, and especially from six (6) weeks prior to the commencement of new services, through the end of the fourth month after the commencement of new services, to ensure that sufficient staffing is available to minimize Customer waits and inconvenience. The Contractor shall receive no additional compensation for increased staffing levels during the transition and implementation period. Staffing levels during the mobilization, transition and implementation period shall be subject to prior City review and approval. Service Recipient Complaints and Requests The Contractor shall record all complaints and service requests, regardless of how received, including date, time, Customer's name 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 answering service shall be recorded in the log the following business day. The Contractor sha11 make a conscientious effort to resolve all complaints within twenty-four (24) hours of the original call or e-mail, and service requests within the times established throughout this Contract far 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. City of Federal Way 52 December 2009 Solid Waste Collection Contract 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. The Contractor shall provide sufficient field service/sales staff and route manager personnel to accurately set-up accounts and visit Customers at their service location as needed — for example during roll-out of service changes that impact multiple accounts, or during establishment of new Recycling or Compostables collection service changes. The Contractor's field service/sales staff shall be able to describe to Customers any related service procedures and Container or equipment needs, and be able to calculate any related rate impacts that would arise from implementing service change options. The Contractor's field service/sales staff sha11 also be responsible for completion of outreach and tracking specified in Section 2.3.5, including related required annual reporting. 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 10% of incoming telephone calls shall be placed on hold for more than twenty (20) seconds. A summary of these discrete performance measures will be provided as part of required monthly reporting. 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. City of Federal Way 53 December 2009 Solid Waste Collection Contract 2.3.2.2.4 Corrective Measures Upon the receipt of Customer complaints in regards to busy signals or excessive delays in answering the telephone, the City may request and the Contractor shall submit a plan to the City for correcting the problem. Once the City has approved the plan, the Contractor shall have thirty (30) days to implement the corrective measures, except during the transition and implementation period, during which time the Contractor shall have one (1) week to implement corrective measures. Corrective measures shall be implemented without additional compensation to the Contractor. Failure to provide corrective measures shall be subject to performance fees. City of Federal Way Solid Waste Coltection Contract 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 email 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 the next business day after receipt. The website shall offer Customers the option to pay their service bills on-line through a secured bill payment system. Website content and design shall be submitted for City approval a minimum of three (3) days prior to planned roll-out of website changes, and website content and design shall 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) 54 December 2009 languages other than English, including Spanish, Korean, Vietnamese and Russian. The Contractor's website shall minimize "pop-up" windows, and not include adware or spyware. 2.3.2.2.6 Full Knowledge of Programs Required The Contractor's customer service representatives sha11 be fully knowledgeable of all collection services available to City Customers, including the various services available to Single-Family Residence, Multi-Family Complex and Commercial Customers. For new Customers, customer service representatives shall explain all Garbage, recycling, Compostables and Food Scrap 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 representa.tives shall be trained to inform Customers of all recycling, Compostables and Food Scrap preparation specifications. Policy questions resolvable by the City shall be immed'rately forwarded to the City for response. The Contractor's customer service representatives shall have instantaneous electronic access to customer service data and history to provide efficient and high-quality customer services. 2.3.3 Contractor's Customer Billing Responsibilities The Contractor shall be responsible for all billing functions related to the collection services provided under this Contract. All Single-Family Residence Customers shall be billed at least quarterly, and Multi-Family Complex and Commercial Customers sha11 be billed monthly. Customers may be billed prior to receiving service, but the due date (or past due date) sha11 be no sooner than the last day of service provided under that billing cycle. The bill's due date shall be no sooner than fifteen (15) business days after the date the bill is mailed. The Contractor may make account adjustments for over- or under-charges, provided that under-charges may only be charged for services provided within ninety (90) days of the bill date. City of Federal Way 55 December 2009 Solid Waste Collection Contract 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 to Customers late payments and NSF ("bounced") check charges, as well as the actual third party costs of bad debt collection. Late fees shall not exceed one percent (1%) per month and NSF charges shall not exceed twenty dollars ($20.00) per NSF check or actual bank charges, whichever is greater. Single-Family Residential Customers may temporarily suspend service due to vacations or other reasons for as long and as often as desired in one (1) week increments and be billed pro-rata for actual services received. All Single-Family Residence Recyclables collection costs and revenues shall be included in the Garbage collection rate and shall not be charged or itemized separately. Subscription Compostables services shall be itemized separately. All Multi-Family Complex Recyclables collection costs and revenues shall be included in the Garbage collection rate and shall not be charged or itemized separately, except as directed at the City's sole discretion. Costs for the baseline two Recycling Carts per Commercial Customer shall be included in Commercial Garbage rates and sha11 not be charged or itemized separately. Costs for Commercial Recycling provided for additional service above the two Recycling Carts may be separately charged in accordance , with this Contract. Commercial Customer and Multi-Family Complex Compostables services shall be itemized and charged separately. No surcharges (such as environmental or fuel surcharges) shall be added to invoices for Garbage, Recyclables or Compostables collection, including Commercial Recycling collection, unless specifically authorized in writing by the City. The Contractor shall be responsible for the following: • Generating combined Garbage, Recyclables and Compostables collection bills. Bills must include a statement indicating the Customer's current service level, current charges and payments, and appropriate ta�es 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. • Accepting, processing and posting payment data each business day. • Maintaining a system to monitor and report Customer subscription levels, record Extra Unit Garbage and Compostables collected, place an additional charge on the Customer's bill for the excess collection, and charge for additional services requested and delivered. This system City of Federal Way 56 December 2009 Solid Waste Coliection Contract shall maintain a Customer's historical account data for a period of not less than two years. � • Accepting and responding to Customer requests for service level changes, missed or inadequate collection services, and additional services. • Collecting unpaid charges from Customers for collection services. • Implementing rate changes as specified in Section 3.1 and 3.3. • Including lines/space for customer service messages on Customer bills. • Including Contractor phone numbers for customer service on Customer bills. • Contractor will provide a discount to Single Family Customers that choose to use a paperless invoicing and bill paying process. The Contractor will notify the Customer of their 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 no less than the appropriate current single ounce first class rate as set by the US Postal Service. • All Customers in any grouping targeted for receipt of printed educational or outreach materials shall be included in Contractor's mass-mailings of such materials regardless of Customer's billing method status (such as web-based invoicing) or Customer's mail receipt method (such as use of a Post Office Box rather than standard curbside mail service). 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 securely stored off-site. The Contractor shall also provide the City with a copy of the customer service database via e-mail or other electronic medium on a quarterly basis. The City shall have unlimited rights to use the customer service database to develop targeted educational and outreach programs, analyze service level shifts or rate impacts, and/or to provide information to successor contractors. Upon five (5) business days 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, City of Federal Way 57 December 2009 Solid Waste Coliection Contract service levels and current account status. City requests for information pertaining to five or fewer accounts shall be provided within one business day. As set forth in detail below, the Contractor shall provide monthly and annual reports to the City. In addition, the Contractor shall allow the City access to pertinent operations information related to compliance with the obligations of this Contract, such as vehicle maintenance logs, disposal, Compostables and recycling facility certified weight slips, and Customer charges and payments. 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 disposal facility certified weight slips and vehicle maintenance logs. 2.3.4.1 Monthly Reports On a monthly basis, by the last day of each month, the Contractor shall provide a report containing information for the previous month. Reports shall be submitted in electronic format approved by the City and shall be certified to be accurate by the Contractor. At a minimum, reports shall include: (1) A log of complaints and resolutions for all collection services and sectors. At a minimum, the complaint log shall include Customer name and/or business name, Customer's service address, contact telephone number, date of complaint, a description of the complaint, a description of how the complaint was resolved, the date of recovery/resolution and any additional driver's notes or comments. (2) A tabulation of the number of single family, commercial and multi-family accounts by service level/Container size and service frequency. (3) A compilation of program participation statistics including: a summary of multi-family and commercial participation in recycling programs, set-out statistics for Residential Garbage, Compostables and Recyclables collection services, and log of bulky items. City of Federal Way 58 December 2009 Solid Waste Collection Contract (4) A compilation of total monthly and year-to-date summaries of Garbage, Recyclables and Compostables quantities by collection sector. 2.3.4.2 City of Federal Way Solid Waste Collection Contract (5) A summary of Recyclables quantities by collection sector and by commodity, including processing residues disposed and market prices. (6) A summary of disposal or tipping facility locations and associated quantities for Garbage, Recyclables and Compostables as well as any changes in processing procedures, locations or tipping fees. (7) A list of dates, Customer names and addresses for whom a free special recycling collection has been made (Section 2.2.2.3). (8) A description of any vehicle accidents infractions, or insurance claims against Contractor. (9) A description of any changes to collection routes, Containers, vehicles (including the identification of back-up vehicles not meeting contract standards with the truck number and date of use), customer service or other related activities affecting the provision of services; and (10) Call Center performance as outlined in Section 23.2.2. If collection vehicles are used to service more than one 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. 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. 59 December 2009 (2) A discussion of highlights and other noteworthy experiences, along with measures taken to resolve problems, increase efficiency, and increase participation in Compostables and Recyclables collection programs. (3) A discussion of promotion and education efforts and accomplishments. (4) An inventory of current collection, delivery, spare and other major equipment, including make, model, year, and accumulated miles. (5) A list of multi-family and commercial recycling sites pursuant to Section 23.5. 23.4.3 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 software compatibility. These reports shall not require the Contractor to expend more than one hundred (100) staff hours per year to complete. If requested by the City, the Contractor shall provide daily route information for all service sectors and collection streams for the purpose of evaluating potential collection system changes during the term of the Contract. Information received by the City and in the Contractor's possession shall be subject to existing laws and regulations regarding disclosure, including the Public Records Act, Chapter 42.56 RCW. 2.3.5 Promotion and Education The City shall have primary responsibility for developing, designing and executing general waste reduction/recycling public education and outreach programs, with the assistance and cooperation of the Contractor. 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. The Contractor shall maintain a complete list of all Multi-Family 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 City of Federal Way 60 December 2009 Solid Waste Collection Contract owner of each site to encourage participation and 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 Multi-Family 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 Mu1ti-Family Complex and Commercial Customer sites; Garbage, recycling and Compostables status; Container sizes, service frequency, and types; Customer contact dates and outcome of such contacts; and suggestions for increasing participation or other program improvements. Contractor and City shall implement a program of neighborhood "Block Parties" each Spring to highlight recycling programs with Contractor's staff, equipment, recycling information and Containers, which shall be promoted to both Residential and Multi-Family Customers. The Contractor sha11 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, preparation and other service requirements, contact information, inclement weather and other policies, a collection schedule calendar applicable to each recipient's routes and other useful Customer information. The Contractor shall develop, print, periodically update and matntain sufficient quantities of new Customer information materials, the format and content of which shall be subject to prior review and approval by the City. Upon approval, materials shall be mailed to every new Customer prior to the Customer's first billing and shall, at a minimum, include a statement of applicable rules and service policies, rates, services and preparation requirements, collection days in calendar format, Contractor customer service information and City contact information. Contractor's materials shall be TTY accessible and Contractor shall provide 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 page and increases Contractor cost, the City shall pay the incremental difference. The City and Contractor shall work cooperatively for timely inclusion of such materials City of Federal Way 61 December 2009 Solid Waste Collection Contract 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 The Contractor shall be expected to work with the City and any successive contractor(s) 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 updated 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, or the Contractor's surety, shall pay the City one hundred thousand dollars ($100,000.00) for the material breach of this contract provision. Payment shall be made within twenty (20) business days of the end of this contract. 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, Multi-Family 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 sha11 not exceed, the charges 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 Federal Way 62 December 2009 Solid Waste Collection Contract 3.1.2 3.1.3 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 charges listed in Attachment B. The Contractar shall not charge separately for the collection of Source-Separated Recyclables other than Commercial Recyclables above the limit of the included Cart-based Recyclables program. The City administrative fee shall not be itemized separately on Customer invoices. Discontinuing Service for Nonpayment The Contractor may use any legal means, including appropriate lien rights, to enforce Customer payment obligations and may discontinue service to non-paying Customers provided that such Customers are provided with ten (10) days prior written notice that service will be discontinued for non- payment. The Contractor may charge a one-time twenty dollar ($20.00) cart redelivery fee to Customers who want to restart service who have previously had their service terminated for nonpayment and had carts removed. The cart redelivery fee shall be applied as a flat charge, regardless of the number of carts delivered (e.g. Garbage, Recyclables, and Compostables). 3.2 Compensation to the City The Contractor shall pay to the City an administrative fee on or before the first day of each month during the term of this Contract, starting on March 1, 2010. The initial amount of the administrative fee shall be Twenty-two thousand, seven hundred and twenty dollars ($22,720) per month. The administrative fee shall be adjusted in accordance with Section 33. A specific example of the administrative fee adjustment formula is provided in Attachment C. The administrative fee may be changed by the City in any year, provided that the change in synchronized with the annual Contractor rate modification described in Section 3.3. The City shall notify the Contactor of the new administrative fee for the following year by September l and the Contractor shall itemize and include the appropriate adjustment in its Rate Adjustment Statement provided October l of each year. In the event that the administrative fee is adjusted, either up or down, the Contractor shall add or subtract an amount equivalent to the state excise tax (1.5% in 2009), as may be adjusted from time to time by the State of Washington. In the event that additional areas are annexed into the City, per Section 2.1.2, the Contractor shall submit three percent (3%) of revenues generated in those areas to the City as an additional administrative fee. For purposes of calculating this fee, the term "revenues" shall mean a11 Customer payments for services provided under this Contract, but shall not include taxes or revenues generated from the sale of recyclable City of Federal Way 63 December 2009 Solid Waste Collection Contract materials. This additional administrative fee will be added to the regular administrative fee described above, and shall also be adjusted in accordance with Section 3.3. The Contractor shall retain contributions of the recycling revenue sharing funds generated in those annexed areas (previously paid to the County) as compensation for the additional administrative fee. In addition, the Contractor shall be responsible for payment of all applicable permits, licenses, fees and t�es as described in Section 6.13, Permits and Licenses. 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 once every year by the percentage change in the Consumer Price Index CWURA423SA0 for the Seattle-Tacoma-Bremerton Metropolitan Area for Urban Wage Earners and Clerical Workers, all items (Revised Series) (CPI-W 1982-1984) prepared by the United States Department of Labor, Bureau of Labor Statistics, or a replacement index (the "CPI Index"). Adjustments to the Contractor's collection service charge shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered when making adjustments. Rates shall be adjusted annually, beginning March 1, 2011 (the "Adjustment Date"). The Contractor shall submit to the City for review and approval a Rate Adjustment Statement, calculating the new rates for the next year, by calculating the percentage change in the CPI Index for the most recent twelve (12) month period ending on August 30th. The Contractor's calculations shall be provided to the City no later than November 15 prior to the Adjustment Date and the City shall have thirty (30) days to confirm the Contractor's rate modification calculations. On City approval, which sha11 not be unreasonably withheld or delayed, the new rates shall take effect on March 1 st of that year, and Customers shall be notified in January, at least forty-five (45) days prior to the date adjusted rates become effective. Should ratepayers not receive notification by mid- January due to missed deadlines, rate calculation errors by the Contractor, or rate disapproval by the City, implementation of the new rates shall be delayed by one month without opportunity for recovery of lostrevenue. 3.3.2 Disposal Fee Adjustments Disposal Fee 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 City of Federal Way 64 December 2009 Solid Waste Collection Contract rates charged to Customers shall be adjusted, based on Container content weights specified in Attachment B of this Contract. Specific examples of rate modifications due to Consumer Price Index and disposal fee changes are provided in Attachment C. 33.3 Changes in Recyclables or Compostables Processing Sites and Tipping Fees The Contractor assumes a11 risk for the processing and marketing of Recyclables and Compostables. 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 changes to the rates to offset these costs or savings. 3.3.4 Other Modifications The Contractor shall not adjust or modify rates due to employee wage increases, the value of Recyclables, Garbage collection service level shifts, or other changes affecting the collection system. At the time of the City's decision to extend this Contract through invoking contract extension options, the Contractor can present a request for relief for any adverse market changes that have occurred during the previous period of the Contract. The City is. under no obligation to give consideration for those adverse changes as a condition for invoking the contract extension option. If new City, King County, Washington State or Federal taxes are imposed or the rates of existing taxes are changed after the execution date of this Contract, and the impact of these changes results in increased ar decreased Contractor costs in excess of five thousand dollars ($5,000) annually, the Contractor and City shall 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. 3.4 Change 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 City of Federal Way 65 December 2009 Solid Waste Collection Contract 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 provision. Performance failures shall be discouraged, to the extent possible, through automatic and performance fees for certain infractions and through Contract default for more serious lapses in service provision: Section 4.1 details infractions subject to automatic or performance fees, and Section 4.2 details default provisions and procedures. 4.1 Performance Fees The Contractor may be subject to performance fees for the following acts or omissions if documented in an incident report presented by the City to the Contractor. The City reserves the right to make periodic, unscheduled inspection visits or use other means to determine the Contractor's compliance with the Contract. Deductions for misses will not be applied for collections prevented by weather or holiday rescheduling or collections missed due to labor disruptions during the first week of the disruption. Performance fees are as follows: �� ,� .�� y �x„� � � �� , � ��(�l� ' � � � � � `�� : � �� f� � ��. � � ; ; ` � ,` y � ,.,, ,. : ��...,, I�...�..._A�.�.. . � , ;�.. . ' 'i,„,.� Collection before or after the times specified Two Hundred Fifty Dollars ($250) per in Section 2.1.4, except as expressly truck route (each truck on each route is a permitted by the City. separate incident). Repetition of complaints on a route after Twenty-Five dollaxs ($25) per incident, notification, including, but not limited to, not to exceed thirty (30) complaints per failure to replace Containers in designated truck per day. locations, spilling, not closing gates, not replacing lids, use of profanity, creation of excessive noise, collection of Commercial Containers outside hours specified herein for Residential areas, crossing or driving over planted areas, observed reckless driving, or similar violations. Failure to collect spilled materials. Twice the cost of cleanup to the City or King County, plus Five Hundred Dollars ($500) per incident. City of Federal Way 66 December 2009 Solid Waste Collection Contract �; < - ,. �° y _ � A�`T��T C1R C1M��I��T �� . �" .;4�#��.T�TT , �� s �� Failure to maintain placards on service Two Hundred Fifty Dollars ($250) per vehicles as required by Section 2.1.14 vehicle, per day. Curable Leakage from Contractor vehicles or Two Hundred Fifly Dollars ($250) per vehicle contents, observed by the City, its vehicle, per day, plus clean up costs. agents or photographed by Customers. Failure to collect missed materials within one One Hundred Dollars ($100) per incident (1} business day after notification. to a maximum of Five Hundred Dollars ($500) per truck per day on Single-Family Residence routes and no maximum for Multi-Family Complex and Commercial Customer routes. Missed collection of entire block segment of One Hundred Fifty Dollars ($150� per Single-Family Residences (excluding block segment if collection is performed collections prevented by inclement weather). the following day; Five Hundred Dollars ($500) if not collected by the following day. Collection as Garbage or disposal as Garbage One Hundred Dollars ($100) per incident, of Source-Separated Recyclables or up to a maximum of One Thousand Compostables in clearly identified Containers, Dollars ($1,000) per truck, per day. bags or boxes. Collection of Garbage containing visible Twenty-Five Dollars ($25) per incident. quantities of Yard Debris. Rejection of Garbage, Recyclables or Yard Twenty-Five Dollars ($25) per incident. Debris without providing documentation to the Customer of the reason for rejection. Failure to deliver Detachable Containers to Fifty Dollars ($50) per Container per day. new Commercial Customers within three (3) business days. Failure to deliver carts, Detachable Fifty Dollars ($50) per Container per day. Containers, or Drop-Box Containers within three (3) business days of request to Multi- Family Complex or Commercial Customers. City of Federal Way 67 December 2009 Sotid Waste Collection Contract ACTION OR OMISSION AMOUNT Failure to deliver Garbage, Recycling or Fifteen Dollars ($15) per Container per Compostables Carts within seven (7) days of day. request to Single-Family Residence Customers. Substantial misrepresentation by Contractor Five Thousand Dollars ($5,000) per in records or reporting. incident. Failure to provide required reports on time. Two Hundred Fifty Dollars ($250) per incident. Failure to maintain clean and sanitary Fifty Dollars ($50) per incident, up to Containers, vehicles, and facilities. m�imum of One Thousand Dollars ($1,000) per inspection. Landfilling or incineration of Recyclables or One Thousand Dollars ($1,000) per Compostables in violation of Section 2.1.11 vehicle, per incident. without the express written permission of the City. Failure to meet recycling processing One Thousand Dollars ($1,000) per performance requirements of Section 2.1.11. month, for any occurrence during that month. Failure to meet customer service ring and on- Two Hundred Fifty Dollars ($250) per hold time performance customer service incident. requirements. Failure to include instructional/promotional Fifty Dollars ($50) per incident. materials when Garbage, Recycling and/or Compostables Carts are delivered. The parties acknowledge the difficulty in anticipating actual damages to remedy the damage. The parties further agree that the performance fees listed in this Section represent a reasonable estimate of the loss likely to result from the remedy for the damage. 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, except for those listed breaches set forth above, the City reserves the right to exercise any and all remedies it may have with respect to these and other City of Federal Way 68 December 2009 Solid Waste Coliection Contract violations and breaches. The performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as described in Section 4.2. Performance fees, if assessed during a given month, shall be invoiced by the City to the Contractor. Performance fees may be levied only if documented in an incident report presented by the City to the Contractor. Performance fees shall only be assessed after the Contractor has been given the opportunity, but has failed to rectify the deficiencies of which it has been notified. The Contractor shall pay the City the invoiced amount within thirty (30) days of billing. Failure to pay performance fees shall be considered a breach of this Contract. Any performance fees imposed under this Section may be appealed by the Contractor to the City. The Contractor shall be allowed to present evidence as to why the amount of performance fees 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 Compostables, or fails to provide any portion of service under the Contract on March 1, 2010 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 performance fees 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 at law for any default by the Contractor. In the event of default, the City shall give the Contractor 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 of its intent to exercise its rights immediately. If the Contractor cures the stated reason within the City of Federal Way 69 December 2009 Solid Waste Coilection Contract stated 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 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 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 any reason satisfactory to the City for noncompliance, and fails to correct the same, the City, after the initial ten (10) days 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 surety on its performance bond. Upon receipt of such notice, the Contractor agrees that it shall promptly discontinue the services provided under this Contract. The surety may, at its option, within ten (10) days from such written notice, assume the services provided under this Contract that the City has ordered discontinued and proceed to perform same, at its sole cost and expense, in compliance with the terms and conditions of the Contract, and all documents incorporated herein. Pending consideration by the surety of said option to assume the services provided under this Contract, the City may employ such work force and equipment as it may deem advisable to continue the services provided under this Contract. The cost of all labor, equipment and materials necessary for such services provided under this Contract shall be paid by the Contractor in full. In the event that the surety fails to exercise its option within the ten (10) day period, 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, Compostables 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 City of Federal Way 70 December 2009 Solid Waste Collection Contract performance of this Contract shall be available for the City's use in the case of default in collecting Solid Waste, Recyclables and Compostables in the City for the duration of this Contract; when provided, this Section applies to any replacement or substitute. Rent for the City's use of Contractor's Inventory shall be negotiated between the parties based upon the historical cost of the inventory less any accumulated depreciation. Disputes shall be resolved in accordance with this Contract. 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: Public Works Director City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 To Contractor: Municipal Contracts Manager Waste Management of Washington Inc. 801 2 Avenue, Suite 614 Seattle, WA 98104 C'��7��7uf.� 6.1 Collection Right The Contractor shall be the exclusive provider with which the City shall contract to collect Garbage, Compostables and Recyclables and construction/demolit�on materials placed in Contractor-owned Containers and set out in the regular collection locations within the City Service Area. When asked by the Contractor, the City shall make a good faith effort 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. The Contractor may independently enforce its rights under this Contract against third party violators, including but not limited to seeking injunctive relief, and the City shall use good faith efforts to cooperate in such enforcement actions brought by Contractor (without obligating the City to join any such litigation). Such efforts may include but not be limited to cease and desist letters, assistance with documenting violations and other activities as City staff time allows. This contract provision will not apply to: Garbage, Recyclables or Compostables self-hauled by the generator; Source-Separated Recyclables hauled by common or private carriers (including drop-off recycling sites) from Commercial premises that contain at least ninety percent (90%) recyclable materials; construction/demolition waste hauled by self-haulers or construction contractors in the normal course of their business; Garbage, Recyclables or Compostables handled by retailers or maintenance services who provide ancillary services unrelated to Curb collection services (e.g. City of Federal Way 71 December 2009 Solid Waste Collection Contract carpet installers, furniture delivery/pick-up, site clean-up services which include loading/sweeping, etc.); Compostables generated and hauled by private landscaping services; or Compostables hauled by common or private carriers from Commercial premises that contain at least ninety percent (90%) Compostable materials. The Contractor shall retain responsibility for Garbage, Recyclables, construction/demolition materials and Compostables 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 it gains from the sale of Recyclables, construction/demolition materials or Compostables. Likewise, a tipping or acceptance fee charged for Recyclables, construction/demolition materials or Compostables shall be the financial responsibility of the Contractor. The City shall work with the Contractor, other haulers and processors, and other regional governments to develop a reasonable definition of what constitutes legitimate construction/ demolition recycling for the purposes of interpreting collection authorities. Once a reasonable recycling threshold or "test" is developed with King County, the City and Contractor shall negotiate and amend this Agreement accordingly. 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 inspection and copying for any reasonable purpose by the City. In addition, the Contractor shall, during the Contract term, and at least five (5) years thereafter, maintain in an office in Washington State reporting records and billing records pertaining to the Contract that axe 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. The Contractor shall make available copies of certified weight slips for Garbage, Recyclables and Compostables on request within two (2) business days of the request. The weight slips may be requested for any period during the term of this Contract. 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. City of Federal Way 72 December 2009 Solid Waste Collection 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 thereon, and the quantity of the work to be performed as set forth by the Contract. The Contractor agrees that it has satisfied itself based on its own investigation and research regarding all of such conditions, that its conclusion to enter into this Contract is based upon such investigation and research, and that it shall make no claim against the City because of any of the estimates, statements or interpretations made by any officer or agent of the City that 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 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 hereunder by the Contractor, their agents, representatives, employees or subcontractors. The cost of such insurance sha11 be paid by the Contractor. Failure to make insurance payments and to keep policies current shall be cause for contract default in accordance with Section 4.2. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 6.4.1 Minimum Scope of Insurance Contractor shall obtain insurance that meets or exceeds the following of the types described below: (1) Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 O1 or a substitute form providing equivalent liability coverage. The policy shall be endorsed to provide contractual liability coverage. The City shall be named as an additional insured under the Contractor's Automobile Liability insurance policy with respect to the work performed for the City, using ISO additional City of Federal Way 73 December 2009 Solid Waste Collection Contract insured endorsement CG 20 48 02 99 or a substitute endorsement providing equivalent coverage. (2) Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 Ol 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. There sha11 be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor'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) Contractor's Pollution Liabilitv insurance coverage ("occurrence" form) covering any claim for bodily injury, personal injury, property damage, cleanup costs and legal defense expense applying to all work performed under the contract. 6.4.2 Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: (1) Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. (2) Commercial General Liabilitv insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate and a$2,000,000 products-completed operations aggregate limit. (3) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (4) Contractor's Pollution Liabilitv insurance shall be written with limits no less than $3,000,000 combined single limit per occurrence for bodily injury, personal injury, property damage, cleanup costs and legal defense expense. City of Federal Way 74 December 2009 Solid Waste Collection Contract 6.4.3 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. In the event the deductibles or self-insured retentions are not acceptable to the City, the City reserves the right to negotiate with the Contractar for changes in coverage deductibles or self-insured retentions; or alternatively, require the Contractor to provide evidence of other security guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.4.4 Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability, and Contractor's Pollution Liability coverage: (1) The Contractor's insurance coverage shall be the primary insurance with respect to the City, its officials, employees and volunteers. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. (2) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (3) The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4.5 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VIII. 6.4.6 Verification of Coverage The Contractor shall furnish the City with original certificates including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 6.4.7 Subcontractors The Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each City of Federal Way 75 December 2009 Solid Waste Collection Contract subcontractor in advance of work being performed by each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 6.4.8 ACORD Form The policy shall be endorsed to provide the following revised language at the bottom of the ACORD Form: Replace: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company shall endeavor to mail thirty (30) days written notice to the below named Certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company." With the following: "Should any of the above described policies be canceled, lapse, or be reduced as to coverage before the expiration date thereof, the issuing company shall mail thirty (30) calendar days prior written notice to the below named Certificate holder and Additional Insured, the City of Federal Way, by certified mail." 6.5 Performance Bond The Contractor shall provide and maintain at all times 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 five hundred thousand dollars ($500,000.00). The bond, letter of credit or other similar instrument shall be issued for a period of not less than one 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 make bond payments and to keep the bond current shall be cause for contract default in accordance with Section 4.2. 6.6 Indemnification 6.6.1 Indemnify and Hold Harmless The Contractor shall indemnify, hold harmless and defend the City, its elected officials, officers, employees, volunteers, agents and representatives, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorney's fees in defense thereof, or injuries, sickness or death to persons, or damage to property, which is caused by or arises out of the City of Federal Way 76 December 2009 Solid Waste Collection Contract Contractor's exercise of duties, rights and privileges granted by the Contract, provided, however, that the Contractor's obligation to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from concurrent willful or negligent acts or actions of the Contractor and the City shall apply only to the extent of the Contractor's negligence. 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 sha11 have the right to assume the investigation and defense, including the employment of counsel and the payment of all expenses. On demand of the City, the Contractor shall at its own cost and expense defend, and provide qualified attorneys acceptable to the City under service contracts acceptable to the City to defend, the City, its officers, employees, agents and servants against any claim in any way connected with the events described in Section 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 Contractar has agreed otherwise. The Contractor shall control the defense of claims (including the assertion of counterclaims) against which it is providing indemnity under this Section, and if the City employs separate counsel the City shall assert all defenses and counterclaims reasonably available to it. 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. 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. City of Federal Way 77 December 2009 Solid Waste Coilection 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 thereo� prepared in performance of this Contract (the "documents") are public record 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 any such documents, it shall promptly notify the Contractor at the notice address set forth in Section 5 herein and upon the written request of the Contractor, received by the City within five (5) days of the mailing of such notice, shall postpone disclosure of the documents for a reasonable period of time as permitted by law to enable the Contractor to seek a court order prohibiting or conditioning the release of the documents. T'he City assumes no contractual obligation to enforce any exemption. 6.9 Assignment of Contract 6.9.1 Assignment or Pledge of Moneys by the Contractor The Contractor shall not assign or pledge any of the moneys due under this Contract without securing the written approval of the surety on the performance bond and providing at least thirty (30) calendaz days prior notice to the City of such assignment or pledge together with a copy of the surety's approval thereof. Such 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 and submittal of proof of insurance coverage. 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 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. City of Federal Way 78 December 2009 Solid Waste Collection Contract The City may terminate this Contract if the assignee, subcontractor or obligor does not comply with this clause. Furthermore, the assignee, subcontractor or obligor shall be subj ect to a one (1) year evaluation period during which the City may terminate this Contract on the basis of any material breaches of the terms binding the Contractar. For the purposes of this contract, any Change in Control of the Contractor shall be considered an assignment subject to the requirements of this section. Nothing herein shall preclude the City from executing a novation, allowing the new ownership to assume the rights and duties of the contract and releasing the previous ownership of all obligations and liability. 6.10 Laws to Govern/Venue This Contract shall be governed by the laws of the State of Washington both as to interpretation and performance. Venue shall be in Superior Court in the State of Washington for King County. 6.11 Compliance With Law The Contractor, its officers, employees, agents and subcontractors shall comply with 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. Such compliance shall include abiding by all applicable federal, state and local policies to ensure equal employment opportunity and non-discrimi�ation. The Contractor shall comply with all applicable laws pertaining to employment practices, employee treatment and public contracts. 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. 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 City of Federal Way 79 December 2009 Solid Waste Collection Contract 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, ar 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 non-discrimination 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 Permits and Licenses The Contractor and subcontractors shall secure a City business license if required and pay fees and taxes levied by the City. The Contractor shall have or obtain all permits and licenses necessary to provide the services herein 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, including income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to the Contractor's activities under the Contract, business and occupation t�es, workers' compensation and unemployment benefits. 6.14 Relationship of Parties The City and the Contractor expressly agree that the full extent of the relationship between the Contractor and the City is that the Contractor is at all times an independent contractor of the City with respect to this Contract. The implementation of services shall lie solely with the Contractor. No agent, employee, servant or representative of the Contractor shall be deemed to be an employee, agent, servant or representative of the City. 6.15 Contractor's Relationship with Customers The Contractor shall not separately contract with Customers for any services covered under this contract. The Contractor is specifically allowed to negotiate separate agreements with Customers for compactor leasing or other related services not City of Federal Way 80 December 2009 Solid Waste Collection Contract included in this Contract, provided that Customers are provided separate invoices for those services and that the Contractor makes it clear to Customers that those services are not provided under this City Contract. These separate agreements must be in writing and shall in no way supersede this contract. These separate agreements cannot have durations any longer than the final date of this contract's term, since the City may, at its sole option, regulate similar or identical services in the successor to this Contract. 6.16 Bankruptcy It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Contract, at the option of the City, may be terminated effective on the day and at the time the bankruptcy petition is filed. 6.17 Right to Renegotiate/Amendment The City shall retain the right to renegotiate this Contract or negotiate contract amendments based on City policy changes, state statutory changes or rule changes in King County, Washington State or federal regulations regarding issues that materially modify the terms and conditions of the Contract. The City may also renegotiate this Contract should any Washington State, King County or City rate or fee associated with the Contract be held illegal or any increase thereof be rejected by voters. In addition, the Contractor agrees to renegotiate in good faith with the City m the event the City wishes to change disposal locations or add additional services to the Contract and to provide full disclosure of existing and proposed costs and operational impacts of any proposed changes. This Contract may be amended, altered or modified only by a written amendment, alteration or modification, executed by authorized representatives of the City and the Contractor. 6.18 Force Majeure Provided that the requirements of this Section are met, Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Contract if Contractor's performance is prevented or delayed by acts of terrorism, acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, wars, blockades, public riots, e�losions, unavailability of required materials or disposal restrictions, governmental restraint or other causes, whether of the kind enumerated or otherwise, that are not reasonably within the control of the Contractor ("Force Majeure"). If as a result of a Force Majeure event, 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. City of Federal Way 81 December 2009 Solid Waste Collection Contract obligations affected by the Force Majeure event and only for the period during which the Force Majeure event exists. 6.19 Illegal Provisions/Severability At the discretion of the City, if any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 6.20 Waiver No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, and executed by the party a_gainst whom such 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 subsequent occasion or of any other right at any time. 6.21 Entirety This Contract and the attachments attached hereto and incorporated herein by this reference, specifically Attachments A-C, represent the entire agreement of the City and the Contractor with respect to the services to be provided under this Contract. No prior written or oral statement or proposal shall alter any term or provision of this Contract. WITNESS THE EXECUTION HEREOF on the day and year first herein above written. WASTE MANAGEMENT OF WASHINGTON, INC. CITY OF FEDERAL WAY I� Dean Kattler, ice President 13225 NE 1 h Place Kirkland, 98034 : ATTEST: p�,., ,gy� f�cire-� �� City Clerk, Carol M. Mc eilly, C A ROVED TO FORM: � City At ney, Patricia A. Richazdson City of Federal Way 82 Solid Waste Collection Contract December 2009 Federal Way, WA 98063-9718 Attachments A. Service Area Map B. Contractor Rates C. Rate Modification Examples City of Federal Way 83 December 2009 Solid Waste Collection Contract Attachment A Service Area Map City boundaries as of March 1, 2010 �1 � � � _ _ '�' ' � � � � � ' � � �� ,: . �� : �� : �-;: . � ; �.�� ,7� � �:+�� `f^s��:1�� a �.� '�1� �3R�s . �. � � c �u �� ts a�. h�t�lc e�ylrs�rtC?ta�,Y- ��1�: ��+Sg ¢��J ��Y �"�� ,�`�� 1+'� °� �il� r�?�r��sits�x�cv, � �� __ .. .�r`� 1 �� ,� � �' . ��y Attachment B Service 1 32 Gallon Can - One collection per month Weekly 1 10 Gallon Microcan Residential 1 20 Gallon Minican/Cart Curbside 1 32 Gallon Can Service 1 35 Gallon Cart (includes 2 32 Gallon Cans/ 1 64 Gallon Cart embedded 3 32 Gallon Cans/1 96 Gallon Cart recycling) 4 32 Gallon Cans 1 Extra 32 Gallon Can or equivalent YardlFood Waste Service 1-96 Galion Cart (Basic Subscription Service) . 1-64 Gallon Cart 1-35 Gallon Cart Extra 96 Gal. YD Cans/Ba s(EA) Extra 96 Gal. YD Cart: disposal+collection Clean/Deodorize YW/FW Cart, inGuding return de Miscellaneous Fees (rates are per month unle: Retum Trip, per pick-up Drive-in Charge - Weekly service Redelivery (fee includes all 3 CaNCart types MSV' Overwei hUOverloaded fee, per can or cart Res. Services Carry-Out Surcharge per month Fee includes all Residential Can/Cart Services (M Bulky Waste Collection Temporary Container Services All Customer, and Sectors) �uto/Light Truck Bus/Heavy Truck Add'I for Rims or Wheels aneous, per cubic yard irary Detachable Contaii �rary 1 Yard Container Rent �ry Fee irary 1.5 Yard Container Rent :ry Fee irary 2 Yard Container Rent �ry Fee �ry Fee �rary 4 Yard Container Rent �ry Fee >rary 6 Yard Container Rent >ry Fee YW/FW, & - all customers per Disposal Collection Service Unit Fee Fee Fee 23 $ 1.09 $ 5.14 $ 6.23 9 $ 1.90 $ 4.33 $ 6.23 13 $ 2.65 $ 6.53 $ 9.18 18 $ 3.79 $ 11.30 $ 15.09 20 $ 4.15 $ 12.66 $ 16.81 37 $ 7.58 $ 14.96 $ 22.54 55 $ 11.37 $ 18.61 $ 29.98 86 $ 17.73 $ 19.66 $ 37.39 18 $ 0.8? $ 4.56 $ 5.43 $ 1.23 $ 8.14 $ 9.37 $ 1.16 $ 7.71 $ 8.87 $ 1.10 $ 7.27 $ 8.37 $ 0.23 $ 4.93 $ 5.16 $ 1.23 $ 8.14 $ 9.37 $ 10.00 aelow) $ 17.11 $ 5.68 per deli $ 20.00 $ 5.43 $ 2.40 100 $ 4.77 $ 51.47 $ 56.24 175 $ 29.42 $ 51.67 $ 81.09 100 $ 4.77 $ 51.47 $ 56.24 75 $ 3.57 $ 34.31 $ 37.88 50 $ 2.38 $ 34.30 $ 36.68 35 $ 1.66 $ 17.13 $ 18.79 70 $ 3.33 $ 17.14 $ 20.47 15 $ 0.72 $ 12.56 $ 13.28 500 $ 23.80 $ 61.91 $ 85.71 122 $ 5.78 $ 24.75 $ 30.53 $ 1.23 $ 37.45 183 $ 8.67 $ 27.77 $ 36.44 $ 1.23 $ 37.45 243 $ 11.56 $ 34.65 $ 46.21 $ 1.23 $ 37.45 365 $ 17.34 $ 48.53 $ 70.77 $ 1.23 $ 37.45 487 $ 23.73 $ 60.86 $ 84.63 $ 1.23 $ 37.45 730 $ 34.69 $ 86.51 $ 113.17 $ 1.23 $ 37.45 Page 1 of 5 Attachment B Rates Effective March 1, 2010 Service Level Weekly Weekly CaNCart Service Multifamity 1 20 Gallon Minican/Cart Can and 1 32 Gallon Can Cart 1 35 Gallon Cart 1 64 Gailon Cart 1 96 Gallon Cart Extra 32 Gallon CaNBag each lulti-Family & Miscellaneous Fees (rates are Commercial Return Trio, per �ick-ua Roll-Out Container >5', per each 10' increment thereafter Unlock Container (no lock fees appiy to recycling contain� Gate Opening Steam Cleanin (per yard) Clean/Deodorize YW/FW Cart, including retum delivery MF & Comm 1 96 Gallon Cart, weekly Organics 1 96 Gallon Cart, twice weekly All other Organics and SSR Recvclinq Service Levels Detachable Container 1.5 Cu. Yd. � � � a � 3 � 1 Pounds Total per Disposal Collection Service Unit Fee Fee Fee 13 $ 2.65 $ 9.90 $ 12.55 18 $ 3.79 $ 10.64 $ 14.43 20 $ 4.15 $ 11.92 $ 16.07 37 $ 7.58 $ 13.97 $ 21.55 55 $ 11.37 $ 17.28 $ 28.65 18 $ 0.87 $ 4.33 $ 5.20 � below) $ 17.11 $ 5.18 $ 45.67 $ 26.11 $ 9.75 $ 9.75 $ 5.18 $ 10.00 $ 1.23 $ 8.14 $ 9.37 $ 2.46 $ 16.28 $ 18.74 are subiect to Rate Page 2 of 5 243 $ 50.10 $ 115.04 $ 165.14 365 $ 75.15 $ 165.86 $ 241.01 487 $ 100.20 $ 216.65 $ 316.85 365 548 730 913 487 730 974 1217 365 730 1095 1461 487 974 1461 1947 37.57 $ 80.73 $ 118.30 75.14 $ 153.64 $ 228.78 112.71 $ 221.91 $ 334.62 150.28 $ 290.22 $ 440.50 187.85 $ 358.48 $ 546.33 50.10 $ 106.46 $ 156.56 100.20 $ 192.21 $ 292.41 150.30 $ 277.96 $ 428.26 200.40 $ 363.70 $ 564.10 250.50 $ 449.47 $ 699.97 75.16 $ 137.18 $ 212.34 150.32 $ 248.20 $ 398.52 225.48 $ 359.21 $ 584.69 300.64 $ 470.23 $ 770.87 375.80 $ 581.25 $ 957.05 100.21 $ 162.29 $ 262.50 200.42 $ 294.85 $ 495.27 300.63 $ 427.38 $ 728.01 400.84 $ 559.95 $ 960.79 501.05 $ 692.47 $1,193.52 Attachment B Rates Effective March 1, 2010 Pounds Total per Disposal Collection Service Service Level Unit Fee Fee Fee 6 Cu. Yd. Uncompacted 1 pickup/week.container 730 $ 150.31 $ 216.04 $ 366.35 2 pickups/week/container 1461 $ 300.62 $ 394.07 $ 694.69 3 pickups/weeklcontainer 2191 $ 450.93 $ 572.12 $1,023.05 4 pickupslweek/container 2921 $ 601.24 $ 750.15 $1,351.39 5 pickupslweeklcontainer 3651 $ 751.55 $ 928.16 $1,679.71 8 Cu. Yd. Uncompacted 1 pickup/week.container 974 $ 200.41 $ 257.50 $ 457.91 2 pickups/week/container 7947 $ 400.82 $ 469.72 $ 870.54 3 pickups/week/container 2921 $ 601.23 $ 681.93 $1,283.16 4 pickups/week/container 3895 $ 801.64 $ 894.14 $1,695.78 5 pickups/week/container 4868 $1,002.05 $1,106.34 $ 2,108.39 Muiti-famil Compacted 1 Cu. Yd. Container 609 $ 125.26 $ 129.22 $ 254.48 1.5 Cu. Yd. Container 913 $ 187.89 $ 167.23 $ 355.12 2 Cu. Yd. Container 1217 $ 250.52 $ 220.98 $ 471.50 3 Cu. Yd. Container 1826 $ 375.78 $ 293.18 $ 668.96 4 Cu. Yd. Container 2434 $ 501.04 $ 355.84 $ 856.88 6 Cu. Yd. Container 3651 $ 751.55 $ 487.20 $1,238.75 Additional Collection services Extra pickups (Monthly rate for 1 pickup/weeWcontainer size above divided by 4. Extra loose cubic yard, per pickup 122 $ 5.78 $ 18.61 $ 24.39 Page 3 of 5 Attachment B Rates Effective March 1, 2010 Service Level Commercial 1 10 Gallon Microcan Can and 1 20 Gallon Minican Cart 1 32 Gallon Can 1 64 Gallon Cart 1 96 Gallon Cart Extra 32 Gallon Can/Bag each Commercial 1 Cu. Yd. Uncompacted Detachable 1 ickup/week.container Container 2 pickups/week/container 3 pickups/week/container 4 pickups/week/container 5 pickups/week/container 1.5 Cu. Yd. Uncompacted 1 pickup/week.container 2 pickups/week/container 3 pickups/week/container 4 pickups/week/container 5 pickups/week/container 2 Cu. Yd. Uncompacted 1 pickup/week.container 2 pickups/week/container 3 pickups/week/container 4 pickups/week/container 5 pickupslweek/container 3 Cu. Yd. Uncompacted 1 pickup/week.container 2 pickupslweek/container 3 pickups/week/container 4 pickups/week/container 5 pickups/week/container 4 Cu. Yd. Uncompacted 1 pickup/week.container 2 pickups/week/container 3 pickupslweeklcontainer 4 pickups/week/container 5 pickups/week/container 6 Cu. Yd. Uncompacted 1 pickup/week.container 5 pickups/week/cort 6 pickups/week/con 8 Cu. Yd. Uncomp� 1 pickup/week.cont� 2 pickupslweek/corr 3 pickupslweek/con 4 pickups/week/corr 5 pickups/week/con Commercial Comp 1 Cu. Yd. Container 1.5 Gu. Yd. Contain� 2 Cu. Yd. Container 3 Cu. Yd. Container 4 Cu. Yd. Container 6 Cu. Yd. Container Additional Collecti Extra pickups (Mont rate for 1 size Pounds I I I Total per Disposal Collection Service Unit Fee Fee Fee 6 $ 1.33 $ 11.52 $ 12.84 13 $ 2.65 $ 11.19 $ 13.84 18 $ 3.79 $ 11.58 $ 15.37 37 $ 7.58 $ 14.92 $ 22.50 55 $ 11.37 $ 18.24 $ 29.61 18 $ 0.87 $ 4.33 $ 520 122 $ 25.05 $ 50.42 $ 75.47 243 $ 50.10 $ 87.53 $ 137.63 365 $ 75.15 $ 124.68 $ 199.83 487 $ 100.20 $ 161.81 $ 262.01 609 $ 125.25 $ 198.94 $ 324.19 183 $ 37.57 $ 62.65 $ 100.22 365 $ 75.14 $ 108.43 $ 183.57 548 $ 112.71 $ 154.16 $ 266.87 730 $ 150.28 $ 199.94 $ 350.22 913 $ 187.85 $ 245.68 $ 433.53 243 $ 50.10 $ 74.93 $ 125.03 487 $ 100.20 $ 729.27 $ 229.47 730 $ 150.30 $ 183.66 $ 333.96 974 $ 200.40 $ 238.00 $ 438.40 1217 $ 250.50 $ 292.37 $ 542.87 365 $ 75.16 $ 99.94 $ 175.10 730 $ 150.32 $ 174.01 $ 324.33 1095 $ 225.48 $ 248.03 $ 473.51 1461 $ 300.64 $ 322.07 $ 622.71 1826 $ 375.80 $ 396.10 $ 771.90 487 $ 100.21 $ 119.40 $ 219.61 974 $ 200.42 $ 209.36 $ 409.78 1461 $ 300.63 $ 299.32 $ 599.95 1947 $ 400.84 $ 389.28 $ 790.12 2434 $ 501.05 $ 479.21 $ 980.26 730 $ 150.31 $ 161.83 $ 312.14 1461 $ 300.62 $ 286.03 $ 586.65 2197 $ 450.93 $ 410.21 $ 861.14 2927 $ 601.24 $ 534.41 $1,135.65 3651 $ 751.55 $ 658.60 $1,410.15 974 $ 200.41 $ 191.98 $ 392.39 1947 $ 400.82 $ 339.12 $ 739.94 2921 $ 601.23 $ 486.23 $1,087.46 3895 $ 801.64 $ 633.35 $1,434.99 4868 $1,002.05 $ 780.46 $ 1,782.51 609 $ 125.26 $ 119.08 $ 244.34 913 $ 187.89 $ 152.62 $ 340:51 1217 $ 250.52 $ 186.20 $ 436.72 1826 $ 375.78 $ 254.48 $ 630.26 2434 $ 501.04 $ 311.54 $ 812.58 3651 $ 751.55 $ 432.74 $1,184.29 divided by 4. 122 $ 5.78 $ 13.11 $ 18.89 Page 4 of 5 Attachment B •ch 1, 2010 Service Service Level (ba; Multi-Family Noncompacted Service Drop-box 10 Cu. Yd. Container Collection 20 Cu. Yd. Container 25 Cu. Yd. Container 30 Cu. Yd. Container 40 Cu. Yd. Container Noncompacted Service-Temp. 10 Cu. Yd. Container 15 Cu. Yd. Container 20 Cu. Yd. Container 25 Cu. Yd. Container 30 Cu. Yd. Container 40 Cu. Yd. Container Compacted Service 15 Cu. Yd. Container 20 Cu. Yd. Container 25 Cu. Yd. Container 30 Cu. Yd. Container 35 Cu. Yd. Container 40 Cu. Yd. Container per Disposal Collection Service �el Unit Fee Fee Fee Daily Monthly Delivery Haul on pick ups) Rent Rent Charge � Charge $ 34.85 $ 160.36 $ 40.60 $ 179.22 $ 46.34 $ 188.68 $ 52.04 $ 198.10 $ 63.48 $ 216.98 $ 1.40 $ 37.45 $ 188.68 $ 1.66 $ 37.45 $ 198.10 $ 1.96 $ 37.45 $ 207.52 $ 2.26 $ 37.45 $ 216.98 $ 2.55 $ 37.45 $ 226.41 $ 209.40 $ 218.86 $ 228.26 $ 235.95 $ 247.17 Note: Delivery Charges only apply to the i They do not apply to dump and retum of t Commercial Service Level (based on Drop-box Noncompacted Service Collection 10 Cu. Yd. Container 20 Cu. Yd. Container 25 Cu. Yd. Container 30 Cu. Yd. Container 15 Cu. Yd. Container 20 Cu. Yd. Container 25 Cu. Yd. Container 30 Cu. Yd. Container 40 Cu. Yd. Container Compacted Service 10 Cu. Yd. Container 15 Cu. Yd. Container 20 Cu. Yd. Container 25 Cu. Yd. Container 30 Cu. Yd. Container 35 Cu. Yd. Container 40 Cu. Yd. Container containers. $ 39.99 $ 141.44 $ 45.73 $ 141.44 $ 51.43 $ 141.44 $ 62.86 $ 141.44 1.40 $ 37.45 $ 169.79 1.66 $ 37.45 $ 169.79 1.96 $ 37.45 $ 169.79 2.26 $ 37.45 $ 169.79 2.55 $ 37.45 $ 16979 $ 171.67 $ 171.67 $ 171.67 $ 171.67 $ 171.67 Delivery Charges only apply to the initial delivery of temporary containers. do not apply to dump and return of temoorarv containers. Additional Additional Services Services & Additional Mileage Charge Hourty Rates For Hauls to Other Sites - applies only to mi Charge Per Mile Solid Drop-box Lid - Additional Charge (per n Steam Cleaning (per Cu.Yd.) including retum Stand-By Time (per minute) > 5 minute wait Hourly Rates RearlSide Load Packer & Driver Front Load Packer & Driver Drop Box Truck & Driver Additional Labor (per person) over 10 miles ;ry after clean Page 5 of 5 Total Charge $ 2.26 $ 22.86 $ 4.54 $ 2.26 $ 105.18 $ 105.18 $ 105.18 $ 57.17 Attachment C Rate Modification Examples The collection and disposal components of the Customer charges listed in Attachment B will be adjusted separately, as appropriate. The collection component of Customer charges will be adjusted annually, pursuant to this Section and as described below. The disposal component of the Customer charges listed in Attachment B will be adjusted only if the City receives notification from the County of a pending disposal fee adjustment, and will not become effective until the new disposal charges become effective and are actually charged to the Contractor. Formulas for both collection and disposal rate adjustments are provided as follows: Collection Component Adjustment The coliection component listed in Attachment B will be increased or decreased by the amount of the CPI change: NCC = PCC x 1+ nCPl — oCPl oCPI Where NCC = The new collection charge component of the customer rate for a particular service level; and PCC = The previous collection charge component of the Customer rate for a particular service level; and nCPI = The most recent August CPI value; and oCPI = The CPI value used for the previous rate adjustment or, in the case of the first contract adjustment, the CPI value reported at the end of August 2010. Disposal Component Adjustment In the case of a disposal fee modification at County disposal facilities, the disposal component of each service level will be adjusted as follows: Step 1: A = ODC x NTF OTF Step 2: NDC=A+[(A—ODC)xCETR] Where NDC = The new disposal charge component of the customer rate for a particular service level; and City of Federal Way Attachments December 20Q9 NTF = The new disposal fee, dollars per ton; and ODC = The old disposal charge component of the customer rate for a particular service level; OTF = The old disposal fee, dollars per ton; and A = Pre-excise tax adjusted disposal component; and CETR = Current excise tax rate (the current State excise t� rate; 0.015 used for this example). For example, using the initial one 32-gallon can rate of $15.09 per month: if the previous CPI is 143.2, the new CPI is 144.3 and the disposal fee will increase from $95 to $105 per ton starting on March 1, 201 l, the old disposal component is $3.79, and the State Excise Tax rate is 0.015, the March 2011 Customer charge for one 32-gallon can per week Residential Curbside service would be: New Collection Component = $11.30 x [1 + �1443 —143.2) � _ $11.39 143.2 New Disposal Component =[3.79 x(1 OS / 95)] plus excise tax adjustment of $0.01 = $4.20 Thus, the new Customer charge for one 32-gallon can per week Residential Curbside service will be $11.39 plus $4.20, equaling $15.59. Monthly City Fee Adjustment The monthly City administrative fee will be adjusted in a similar format to the collection component adjustment described above. For Example: New Monthly City Fee =$22,720.00 x 1.0768 =$24,464.90 City of Federal Way Attachments December 2009 �, ACORO DATE (MM/DD/YYYY) L...� CERTIFICAT Y INSURANCE li�izoi> >Zi9i2oo9 PRODUCER LOCKTON COMPANIES, LLC �� "�`"� ��"`" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 5847 SAN FELIPE, SUITE 320 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOUSTON TX 77057 DEC 2 8 20Q9 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 866-260-3538 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. i'UC�LlC WU�KS INSURERS AFFORDING COVERAGE NAIC # INSURED VUASTE MANAGEMENT HOLDINGS, INC. & ALL AFFILIATED, iNSUReR n: ACE American Insurance Company 22667 1306000 RELATED & SUBSIDIARY COMPANIES INCLUDING: iNSURER B: Indemniry Insurance Co ofNorth America 43575 WASTE MANAGEMENT 13225 NORTHEAST 126TH PLACE wsurteR C: ACE Property & Casualry Insurance Co 20699 KIRKLAND WA 98034 INSURER D: INSURER E : COVERAGES WAKIRKLA AJ THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINCa INSU S AUTHORIZED REPRESENTATIV OR PRO UC R AND H THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE APFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ S OOO OOO A X COMMERCIAL GENERAL LIABILITY HDO G24938384 1/1/2010 I/1/2011 DAMAGE TO RENTED PREMISES Ea occurence $ 5 �� 000 CLAIMS MADE � OCCUR MED EXP (My one person) $ �� X XCU INCLUDED PERSONAL & ADV INJURY $ S OOO OOO X ISO FORM CG 00011207 GENERAL AGGREGATE $ E) OOO OOO GEN'L AGGREGATE �IMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ G OOO OOO PRO- POLICY X JECT X LOC A AUTOMOBILE LIABILITY ISA H08583742 1I1/2OlO 1/1/2011 COMBINED SINGLE LIMIT $ ],OOO�OOO X ANY AUTO (Ea accident) X ALL OWNED AUTOS BODILY INJURY $ XXXXX��X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ }�XXxXX X NON-OWNED AUTOS (Per accident) X MCS-90 PROPERTY DAMAGE $ XXXXXXX (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S XX3�XX�CX aNV auTO NOT APPLICABLE OTHER THAN EA ACC $ XXXJCXXX AUTO ONLY: qGG $ ��XX�� EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1 S OOO QOO C X OCCUR � CLAIMS MADE XOO G24902456 1/1/2010 1/1/2011 AGGREGATE $ I S OOO OOO UMBRELLA $ XJ�XXXXX DEDUCTIBLE � FORM $ �� RETENTION $ $ XXXXXXX $ WORKERS COMPENSATION AND WLR C4570936A (AOS) 1/I/2010 1/1/201 I X TORY L MITS ER EMPLOYERS' LIABILITY Y / N — '� ANY PROPRIETOR/PARTNER/EXECUTIVE WLR C45709371 (CA) IIULOIO I�I/ZOI I 3 OOO OOO OFFICER/MEMBER EXCLUDED? � E.L. EACH ACCIDENT $ � s '� (Mandatory in NH) SCF C45709383 (WI) 1/1/2010 I/1/201 I E.L. DISEASE - EA EMPLOYEE $ 3,�00,�00 If yes, tlescribe untler � � , saecinL PROViswnis neiow E.L. DISEASE - POLICY LIMIT $ 3,000,000 A OTHER XTR H08583754 1/I/2010 1/1/2011 COMBINED SINGLE LIM1T EXCESS AUTO $9,000,000 LIABILITY (EACH ACCIDENI') DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION: 30 DAYS EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT. BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO Tf� EXTENT REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CER'IIFICATE HOLDER IS NAIvfED AS AN ADDTCIONAL INSURED (EXCEPT FOR WORKF.RS' COMP/EL) WI-�RE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IN FAVOR OF CITY OF FEDERA[, WAY, ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES ON ALL POLICIES WI-IERE AND TO THE EX'fENT AS REQUIRED BY WRITTEN CONTRACT WI�RE PERMISSIBLE BY LAW 372294$ SHOULD ANY OF THE ABOVE DESCRIBED POI.ICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FEDERAL WAY — PUBLIC WORKS DEPT. onre rHeReoF THE ISSUING INSURER WILL �$��}�� MAIL 3O DAYS WRITTEN 33530 —1 ST WAY SOUTH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ��J�� PO BOX 9718 ��} FEDERAL WAY WA 98063-9718 AUTHORIZED REPRESENTATIV �! � ACORD 25 (2009l01) a 1988-2009 ACORD CORPO ION. All rights reserved The ACORD name and lo�qo are re�gistered marks of ACORD For ouestlons reaattlino this eerlificate. eontact the number li ed in the'P ucer section above antl soeciiv the clieM eode'WAKIRKLA'. POLICY NUMBER: HDO G24938384 By: ACE American Insurance Company COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Named Insured: WASTE MANAGEMENT 13225 NORTHEAST 126TH PLACE KIRKLAND, WA 98034 Name of Person or Organization: CITY OF FEDERAL WAY — PUBLIC WORKS DEPT. 3530 —1 ST WAY SOUTH, PO BOX 9718, FEDERAL WAY, WA 98063-9718 (If no entry appears above, information required to complete this endorsement would be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. * Such insurance as is afforded by this policy for the additional insured shown in the Schedule of this endorsement shall apply as primary insurance and we will not seek contribution from any other insurance of self-insurance maintained by such additional insured. *where and to the extent required by written contract. —�► AUTHORIZED REPRESENTATIVE: CG201011 85 Copyright, Insurance Services Office, Inc., 1984 Attachment Code : D446557 Master ID: 1306000 CONTINUATION CERTIFICATE The LEXON Insurance Company, 10002 Shelbyville Road, Suite 100, Louisville, KY 40223, as Surety on bond number 1003745 issued on the 1 st day of JANUARY, 2004, in the amount of SIX HtJNDRED TWENTY-FIVE THOUSAND AND 00/100 Dollazs ($625,000.00), on behalf of Waste Management of Washington, Inc., 701 Second Street NW, Auburn, WA 98001, in favor of the City of Federal Way, 33530 1 st Way South, Federal Way, WA 98063-9718, hereby continues said bond in the amount of SIX HUNDRED TWENTY-FIVE THOUSAND AND 00/100 Dollars ($625,000.00), for the period beginning the lst day of JANUARY, 2010 and ending on the 31 st day of DECEMBER, 2010 subject to all covenants and conditions as set forth and expressed in said bond. This Continuation Certificate is executed upon the express condition that the Company's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative and shall not in any event exceed the sum of the said bond in force at the time of default. Signed and sealed this 16th day ofNOVEMBER, 2009. Waste Management of Washington, Inc. (Principal) By: (Title) ponna L. Meats, Authurized Representative LEXON Insurance Company (Surety) By: � . Jackie C. Koestel , Attorney-in-Fact POWER OF ATTORNEY Lexon Insurance Company �x- �8167 KNOW AL� MEN BY THESE PRESENTS, that IEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in �_ouisville, Kentucky, does hereby constitute and appoint: Brook T. Smith, K athy }iobb M. Hundley,Jason D. Cromwell, James H. Martin k��k♦ Sandra F. Harper, Myrtie F. Henry, Julie Radican, Virginia E. Woolridge, Deborah Neichter, Jill Kemp,lackie C. Koestel, Sheryon Quinn ** its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behaif as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,500,000.00. Two-million five hundred thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, IEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July, 2003. LEXON INSURANCE COMPANY A Z _��'�"�1r�� xas v INSURANCE i D BY _ COMPANY j.� David E. Campbell ._ �.f President ACKNOWLEDGEMENT On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICiAL SEAI." MAL"REEN K. AYE Notary Public, State of Ilfinois My Commission Expires 09/21/13 r Q�-'�.� � Maureen K. Aye CERTIFICATE Notary Public I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this _._��'� n z�� TEXAS • � INSURANCE iZ COMPANY = � Day of �� 20�- LG'��''' Oonald D. Buchanan Secretary "WARNING: Any person who knowingly a�d with intent to defraud any insurance company or other person, flles an eppUCatlon tor insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact materi- al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civll penalties." LXt